Natural Environment Act 2026
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Natural Environment Act 2026
Public Act |
2026 No 71 |
|
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 Natural Environment 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 on a date or dates set by Order in Council:
(a)
subpart 2 of Part 2 (provisions relating to duties and restrictions):
(b)
section 35 (consequences of certain activity classifications):
(c)
sections 125, 126, and 127(2) (provisions relating to natural environment plans):
(d)
section 129 (provisions relating to coastal matters set out in Schedule 4) but only for the purpose of giving effect to clauses 2, 3, and 7 to 60 of Schedule 4:
(e)
section 130 (provisions relating to water conservation orders set out in Schedule 5):
(f)
section 131 (provisions relating to freshwater farm plans set out in Schedule 6):
(g)
section 134 (provisions relating to wildlife approvals, including Schedule 3):
(h)
sections 135 to 217 (provisions relating to natural resource permits, including Schedule 2):
(i)
sections 255 to 312 (provisions relating to enforcement):
(j)
sections 313 to 317 (provisions relating to emergency works):
(k)
section 345 (obligations relating to contaminated land or land used for hazardous activity or industry).
(3)
Any part of this Act that has not come into force 4 years after Royal assent comes into force then.
(4)
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 264
agent or agent of the ship, in relation to a ship, means—
(a)
any agent in New Zealand of the owner of the ship; or
(b)
any agent of the ship
air means the composition of the shallow layer of gases, vapours, and particulates surrounding the earth, that is, the lower atmosphere (troposphere) in which people live
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
aquaculture activity—
(a)
means any activity described in section 21 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 area means an area within the coastal marine area that is prescribed as an aquaculture area by a rule in a natural environment plan under section 120
aquaculture decision has the meaning given in section 186C of the Fisheries Act 1996
aquaculture settlement area has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004
aquatic life has the meaning given in section 2(1) of the Fisheries Act 1996
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 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; and
(b)
includes a plan provision authorised by national standards under section 89(2)(b)
best practicable option, in relation to the discharge of a contaminant, means the best method for preventing or minimising adverse effects on natural resources or people, having regard, among other things, to—
(a)
the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
(b)
the financial implications, and the effects on natural resources, 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
biophysical means relating to biotic or abiotic physical features
certificate of compliance means a certificate granted by a permit authority under section 214
change request means a request under clause 48 of Schedule 3 of the Planning Act 2026 by a person (other than the regional council) for a change to a natural environment plan
chief executive means the chief executive of the department
coastal marine area means the foreshore, seabed, and coastal water, and the air space 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
coastal permit has the meaning given in section 133(a)
coastal water means seawater within the outer limits of the territorial sea, including—
(a)
seawater with a substantial component of freshwater; and
(b)
seawater within estuaries, fiords, inlets, harbours, or embayments
commercial fishing has the meaning given in section 2(1) of the Fisheries Act 1996
common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
conditions, in relation to a natural environment plan or a natural resource permit, includes terms, standards, restrictions, and prohibitions
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 natural resources or people, including human health; or
(b)
is reasonably likely to have significant adverse effects on natural resources or people, including human health
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 natural environment plan or a proposed natural environment plan; and
(ii)
identified in that plan or proposed plan as a customary marine title permitted activity rule in accordance with section 113; or
(b)
a permitted activity rule that is—
(i)
a national rule; and
(ii)
identified in a natural environment plan or a proposed natural environment plan as a customary marine title permitted activity rule in accordance with section 114
determination, in relation to aquaculture activities, has the meaning given in section 2(1) of the Fisheries Act 1996
directive means a directive in a national policy direction (see section 80)
discharge includes emit, deposit, and allow to escape
discharge permit has the meaning given in section 133(b)
discretionary activity means an activity classified as a discretionary activity (see section 35(4))
district, in relation to a territorial authority, means the district of the territorial authority as defined in accordance with the Local Government Act 2002, but does not include any area in the coastal marine area
dumping means,—
(a)
in relation to waste or other matter, its deliberate disposal; and
(b)
in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment, but does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation if—
(i)
those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation; or
(ii)
the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter
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
ecosystem health limit means an environmental limit—
(a)
set to protect the life-supporting capacity of the natural environment; and
(b)
that is included in a natural environment plan
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 of the Planning Act 2026 as applied by section 307 of this Act
enforcement officer, in relation to any provision of this Act, means a person appointed by a local authority, permit 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 255(1)
Environment Court means the Environment Court referred to in clause 3 of Schedule 9 of the Planning Act 2026
environmental limit means—
(a)
an ecosystem health limit and any related interim limit; or
(b)
a human health limit and any related interim limit
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 of the Planning Act 2026
esplanade strip has the meaning given in clause 1 of Schedule 7 of the Planning Act 2026
existing use certificate means a certificate issued under section 215
fish has the meaning given in section 2(1) of the Fisheries Act 1996
fisheries resources has the meaning given in section 2(1) of the Fisheries Act 1996
fishing has the meaning given in section 2(1) of the Fisheries Act 1996
foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area
geothermal energy means energy derived or derivable from, and produced within, the earth by natural heat phenomena, and includes geothermal water
geothermal water means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more, and includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena
goals means the goals set out in section 13
harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition
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
human health limit means an environmental limit—
(a)
set for protecting human health; and
(b)
that is included in national standards
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
incineration, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction
independent hearings panel or panel, in relation to a proposed natural environment plan or private plan change, means the panel appointed for that proposed plan or plan change under clause 23 of Schedule 3 of the Planning Act 2026 as applied by section 102 of this Act
industrial or trade premises—
(a)
means—
(i)
any premises used for any industrial or trade purposes; or
(ii)
any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes, or used for composting organic materials; or
(iii)
any other premises from which a contaminant is discharged in connection with any industrial or trade process; but
(b)
does not include any production land
industrial or trade process includes every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material, and any intervening storage of the raw material, partly processed matter, or product
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
interim enforcement order means an order made under section 261
interim limit means a temporary environmental limit that—
(a)
is set at 10-year intervals in national standards or a natural environment plan; and
(b)
relates to an ecosystem health limit or a human health limit (see section 55 or 59); and
(c)
applies during any 10-year interval set in the standards or plan
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 242 to 244
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 Planning Act 2026, including—
(i)
a Treaty settlement Act; and
(b)
does not include this Act, the Planning Act 2026, or secondary legislation made under either Act
kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources
key instrument means—
(a)
a national policy direction:
(b)
a national standard:
(c)
a regional spatial plan:
(d)
a natural environment plan
lake means a body of freshwater that is entirely, or nearly, surrounded by land
land—
(a)
includes land covered by water and the airspace above the land; but
(b)
in a national rule, rule in a natural environment plan, or rule in a proposed plan, does not include the bed of a lake or river
land use permit has the meaning given in section 133(c)
legal effect, in relation to a rule in a proposed natural environment plan, means legal effect in accordance with clause 57 of Schedule 3 of the Planning Act 2026
local authority—
(a)
means a regional council or territorial authority; and
(b)
includes a unitary authority
long-lived infrastructure means—
(a)
pipelines that distribute or transmit natural or manufactured gas:
(b)
a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001:
(c)
facilities for the generation of electricity:
(d)
any part of the electricity network:
(e)
structures, facilities, or infrastructure for transport by any means (for example, cycleways, walkways, roads, rail, bridges, or ports):
(f)
structures, facilities, or infrastructure for water storage and distribution:
(g)
facilities for the loading or unloading of cargo or passengers transported by any means:
(h)
any infrastructure prescribed by regulations as long-lived infrastructure
mahinga mātaitai means the areas from which food resources are gathered
mana whenua means customary authority exercised by an iwi or a hapū in an identified area
management unit means a defined geographic area within which an environmental limit applies
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
master in relation to any ship, has the meaning given in section 2(1) 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 purpose of defining the landward boundary of the coastal marine area, means the mouth of the river determined in accordance with section 352
national instrument means a national policy direction or a national standard
national policy direction means an instrument made under section 96 for the purposes of section 79
national rule means a rule in a national standard that does not require inclusion in a natural environment plan to take effect
national standard means an instrument made under section 96 for the purposes of section 82
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 environment includes—
(a)
land, water, air, soil, minerals, and energy:
(b)
plants (excluding pest species), animals (excluding humans, domesticated animals, or pest species), and their habitats:
(c)
ecosystems and their constituent parts
natural environment plan or plan—
(a)
means a natural environment plan prepared by a regional council in accordance with Schedule 3 of the Planning Act 2026 that is operative; and
(b)
includes any provision of a natural environment plan that is operative, even if other provisions of a relevant proposed plan or private plan change are not yet operative
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 resources means all or any of the following:
(a)
air:
(b)
water, including freshwater, coastal water, and geothermal water:
(c)
land:
(d)
soil:
(e)
minerals:
(f)
plants:
(g)
animals (excluding humans):
(h)
indigenous biodiversity:
(i)
ecosystems and their constituent parts
natural resource permit has the meaning given in section 133
natural resource use activity means one of the following activities:
(a)
the taking, diverting, or use of freshwater, geothermal water, or coastal water:
(b)
the taking or use of heat or energy from water:
(c)
the taking or use of heat or energy from the material surrounding geothermal water:
(d)
the capacity of air or water to assimilate the discharge of a contaminant:
(e)
the damming of water:
(f)
the occupation of space in the common marine and coastal area:
(g)
the extraction of natural materials such as sand, shell, and shingle from—
(i)
the beds of lakes or rivers that are land of the Crown; and
(ii)
the common marine and coastal area
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 the inhabitant occupier of any property
occupy, in relation to the coastal marine area, means the activity of occupying any part of the coastal marine area—
(a)
where the occupation is reasonably necessary for another activity; and
(b)
where the occupation is to the exclusion of any persons or class of persons not expressly allowed to occupy that part of the coastal marine area under a rule in a natural environment plan or by a natural resource permit; and
(c)
where a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense, but for a rule in the plan or the holding of a natural resource permit under this Act
offshore installation has the meaning given in section 222(1) of the Maritime Transport Act 1994
oil transfer site has the meaning given in section 281 of the Maritime Transport Act 1994
open coastal water means coastal water that is remote from estuaries, fiords, inlets, harbours, and embayments
operative, in relation to a natural environment plan or a provision in a natural environment plan, means the plan or provision—
(a)
(b)
has not ceased to be operative
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
permit authority means the regional council or territorial authority whose permission is required to carry out an activity for which a permit is required under this Act
permitted activity means an activity classified as a permitted activity (see section 35(1))
permitted activity rule means a rule that specifies requirements for carrying out a permitted activity (see section 33(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 natural environment plan proposed by a regional council:
(b)
a change request adopted by a regional council under clause 51(1)(a) of Schedule 3 of the Planning Act 2026
planning consent means a planning consent under the Planning Act 2026
Planning Tribunal means the tribunal established by clause 2 of Schedule 10 of the Planning Act 2026
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 regional council has decided (under clause 51(1)(b) of Schedule 3 of the Planning Act 2026) 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 36)
proposed natural environment 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 natural environment plan proposed by a regional council:
(ii)
a change to an operative natural environment plan proposed by a regional council:
(iii)
a change request adopted by a regional council under clause 51(1)(a) of Schedule 3 of the Planning Act 2026; 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 of the Planning Act 2026; but
(c)
excludes a private plan change
prospecting has the meaning given in section 2(1) of the Crown Minerals Act 1991
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
protected customary rights group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
protected customary rights order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
qualifying person, in relation to a region, means any of the following:
(a)
a person that is a ratepayer (within the meaning of section 10 of the Local Government (Rating) Act 2002) of the region:
(b)
a person that provides infrastructure within the region:
(c)
a natural person whose main place of residence is within the region:
(d)
a person, other than a natural person, that has an office, or operates, in the region
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 has the meaning given in section 3 of the Planning Act 2026
regulations means regulations made under this Act
remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or in such circumstances that, but for a national rule or a rule in a natural environment plan or the holding of a natural resource permit, it would be necessary to hold a licence or profit à prendre
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 35(3))
river—
(a)
means a body of freshwater that is continuously or intermittently flowing; and
(b)
includes a stream and modified watercourse; but
(c)
does not include an artificial watercourse, including an irrigation canal, a water supply race, a canal for the supply of water for electric power generation, a farm drainage canal, or any other artificial watercourse
rule has the meaning given in section 33
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
seaweed has the meaning given in section 2(1) of the Fisheries Act 1996
ship has the meaning given in section 2(1) of the Maritime Transport Act 1994
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water
special tribunal means a special tribunal appointed under clause 5 of Schedule 5 to hear an application for a water conservation order
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 topic means any of the following topics:
(a)
a site of significance to Māori:
(b)
terrestrial indigenous biodiversity to the extent it relates to an identified area
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 natural environment plan (see section 89(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 7
statutory area means the area subject to a statutory acknowledgement, as defined in the relevant legislation listed in Schedule 7
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
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 natural resource permit, means notification given in accordance with section 154(3) or (5)
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
tikanga Māori means Māori customary values and practices
Treaty settlement means—
(a)
a Treaty settlement Act; 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
use, in relation to a use of land, means—
(a)
to alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:
(b)
to drill, excavate, tunnel, or disturb land in a similar way:
(c)
to damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
(d)
to deposit a substance in, on, or under land:
(e)
to enter onto or pass across the surface of water in a lake or river:
(f)
any other use of land
variation means an amendment to a proposed natural environment plan by a regional council under clause 41 of Schedule 3 of the Planning Act 2026
wāhi tapu has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
waste or other matter means materials and substances of any kind, form, or description
wastewater environmental performance standard means a standard made under section 138 of the Water Services Act 2021
water—
(a)
means water in all its physical forms whether flowing or not and whether over or under the ground:
(b)
includes freshwater, coastal water, and geothermal water:
(c)
does not include water in any form while in any pipe, tank, or cistern
water body means freshwater or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area
water conservation order has the meaning given in clause 2 of Schedule 5
water permit has the meaning given in section 133(d)
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
wildlife approval means a wildlife approval granted under section 134 and Schedule 3
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 establish a framework for the use, protection, and enhancement of the natural environment.
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 308.
(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 20; and
(b)
the Minister of Defence certifies is necessary for reasons of national security.
(3)
Section 20(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 20 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 natural environment 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 92 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:
Natural environment plans
(c)
in relation to natural environment plans,—
(i)
section 106(4)(b) requires regional councils to have regard to any statutory acknowledgement, and any relevant planning document recognised by an iwi authority, when preparing and deciding a natural environment plan; and
(ii)
clause 3 of Schedule 3 of the Planning Act 2026 requires regional councils to prepare and change their natural environment 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 of the Planning Act 2026 require regional councils to do the following before notifying a proposed natural environment 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:
Emergency response regulations
(d)
section 319(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 318.
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 Planning 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 Planning 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 Planning 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 Planning 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 Planning 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 85(10) or regulations made under section 321(1)(12).
(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; and
(b)
includes any of the following as they specifically relate to statutory authorisations under the Wildlife Act 1953 that are affected by the inclusion of wildlife approvals under section 134 of this Act:
(i)
redress in a Treaty settlement Act impacted by wildlife approvals:
(ii)
redress in a signed deed of settlement impacted by wildlife approvals; but
(c)
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 natural environment 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 Schedule 3 of the Planning Act 2026; 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)
the regional council must not review or amend Te Ture Whaimana under section 119; and
(b)
the other provisions of the natural environment plan must give effect to Te Ture Whaimana; and
(c)
on and from the date that a natural environment plan becomes operative, the regional council 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 natural environment plan during any period of inconsistency; and
(d)
the regional council must not amend a natural environment plan or a proposed natural environment plan if the amendment would make the document inconsistent with Te Ture Whaimana; and
(e)
if a provision included in a natural environment 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, natural environment plan or proposed natural environment plan, or natural resource permit.
Part 2 Foundations
Subpart 1—Core provisions
13 Goals
(1)
The key instruments of this Act must seek to achieve the following goals:
(a)
to enable the use and development of natural resources, including for the production of food and fibre (including aquaculture):
(b)
to safeguard the life-supporting capacity of air, water, soil, and ecosystems:
(c)
to protect human health from harm caused by the discharge of contaminants:
(d)
to support and enable the enhancement of the natural environment:
(e)
to protect significant indigenous biodiversity:
(f)
to safeguard against natural hazard risks that arise from or affect—
(i)
the use of natural resources; or
(ii)
the protection of natural resources:
(g)
to provide for Māori interests through—
(i)
Māori participation in the development of national instruments, regional spatial plans, and natural environment 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.
14 Relationship between key instruments in decision-making
(1)
The hierarchy of the key instruments of this Act is as follows, listed in order from top to bottom:
(a)
national policy direction:
(b)
national standards:
(c)
regional spatial plans:
(d)
natural environment 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 affect the matter (for example, a regional spatial plan in the case of a natural environment 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 Natural resource permits
(1)
A person exercising or performing a function, power, or duty under this Act who is deciding a matter relating to a natural resource permit 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 natural environment plan and any proposed natural environment 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 functions, powers, or duties 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, power, or duty 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), a relevant instrument means a national rule, rule in a natural environment plan, rule in a proposed natural environment plan, or a natural resource permit.
17 Considering adverse effects of activities
(1)
A person exercising or performing functions, powers, or duties 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, where appropriate:
(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.
Compare: 1991 No 69 s 104(1)(ab)
18 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 17, 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
19 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 natural environment plan means a rule in a natural environment plan that is operative (see the definitions of natural environment plan and operative in section 3):
(c)
Restrictions
20 Restrictions on land use
(1)
A person must not use land in a manner that contravenes a national rule, a rule in a natural environment plan, or a rule in a proposed natural environment plan that has legal effect unless—
(a)
the use is expressly allowed by a natural resource permit; or
(b)
the use is expressly allowed by a water services standard; or
(c)
the use is allowed by section 28.
(2)
This section applies to overflying by aircraft only to the extent that a national rule or a rule in a natural environment plan prescribes noise emission controls for airports.
(3)
This section does not apply to the use of land in the coastal marine area (see section 21).
Compare: 1991 No 69 s 9(1), (2), (5), (6)
21 Restrictions on use of coastal marine area
(1)
A person must not do any of the following activities in the coastal marine area unless the activity is expressly allowed by an instrument specified in subsection (2) or a natural resource permit:
(a)
reclaim or drain any part of the foreshore or seabed:
(b)
erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed:
(c)
disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal):
(d)
deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed:
(e)
destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat:
(f)
introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed.
(2)
The instruments referred to in subsection (1) are—
(a)
a national rule; or
(b)
a rule in a natural environment plan and any rule in a proposed natural environment plan that has legal effect; or
(c)
a water services standard.
(3)
A person must not do any of the following activities in the coastal marine area unless the activity is expressly allowed by an instrument specified in subsection (5) or a natural resource permit:
(a)
occupy any part of the common marine and coastal area:
(b)
remove any sand, shingle, shell, or other natural material from that area.
(4)
A person must not do any of the following activities in a manner that contravenes an instrument specified in subsection (5) unless the activity is expressly allowed by a natural resource permit or allowed by section 28:
(a)
an activity in, on, under, or over any coastal marine area:
(b)
an activity in relation to any natural resource contained within any coastal marine area.
(5)
The instruments referred to in subsections (3) and (4) are—
(a)
a national rule; or
(b)
a rule in a natural environment plan; or
(c)
a rule in a proposed natural environment plan that has legal effect; or
(d)
a water services standard.
(6)
Subsection (4) does not limit subsection (1).
(7)
This section applies to overflying by aircraft only to the extent that—
(a)
a national rule or a rule in a natural environment plan prescribes noise emission controls for airports; and
(b)
those controls apply in the coastal marine area.
(8)
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 coastal permit.
Compare: 1991 No 69 s 12
22 Restrictions on use of beds of rivers and lakes
(1)
A person must not do any of the following activities in relation to the bed of a river or lake unless the activity is expressly allowed by an instrument specified in subsection (2) or a natural resource permit:
(a)
use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed:
(b)
excavate, drill, tunnel, or otherwise disturb the bed:
(c)
introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed:
(d)
deposit any substance in, on, or under the bed:
(e)
reclaim or drain the bed.
(2)
The instruments referred to in subsection (1) are—
(a)
a national rule; or
(b)
a rule in a natural environment plan and any rule in a proposed natural environment plan that has legal effect; or
(c)
a water services standard.
(3)
A person must not do any of the following activities in a manner that contravenes an instrument specified in subsection (4) unless the activity is expressly allowed by a natural resource permit or allowed by section 28:
(a)
enter onto or pass across the bed of a river or lake:
(b)
an activity in relation to any natural resource contained in, on, or under the bed of a river or lake.
(4)
The instruments referred to in subsection (3) are—
(a)
a national rule; or
(b)
a rule in a natural environment plan; or
(c)
a rule in a proposed natural environment plan that has legal effect; or
(d)
a water services standard.
(5)
This section does not apply to any use of land in the coastal marine area.
(6)
Nothing in this section limits section 20.
Compare: 1991 No 69 s 13
23 Restrictions relating to water
(1)
A person must not take, use, dam, or divert, or take or use any heat or energy from, open coastal water in a manner that contravenes an instrument specified in subsection (2) unless the activity is expressly allowed by a natural resource permit or allowed by section 28.
(2)
The instruments referred to in subsection (1) are—
(a)
a national rule; or
(b)
a rule in a natural environment plan; or
(c)
a rule in a proposed natural environment plan that has legal effect; or
(d)
a water services standard.
(3)
A person must not take, use, dam, or divert any of the following unless the taking, using, damming, or diverting is allowed under subsection (4):
(a)
water other than open coastal water:
(b)
heat or energy from water other than open coastal water:
(c)
heat or energy from the material surrounding geothermal water.
(4)
A person is not prohibited by subsection (3) from taking, using, damming, or diverting any water, heat, or energy—
(a)
if the taking, using, damming, or diverting is expressly allowed by—
(i)
a national rule; or
(ii)
a rule in a natural environment plan and any rule in a proposed natural environment plan that has legal effect; or
(iii)
a water services standard; or
(iv)
a natural resource permit; or
(b)
in the case of freshwater, if both of the following apply:
(i)
the water, heat, or energy is required to be taken or used for an individual’s reasonable domestic needs or the reasonable needs of a person’s animals for drinking water:
(ii)
the actual or likely adverse effects on natural resources of the taking or use are no more than minor or do not exceed any prescribed level; or
(c)
in the case of geothermal water, if both of the following apply:
(i)
the water, heat, or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area:
(ii)
the adverse effects on natural resources of the taking or use are no more than minor or do not exceed any prescribed level; or
(d)
in the case of coastal water (other than open coastal water), if both of the following apply:
(i)
the water, heat, or energy is required for an individual’s reasonable domestic or recreational needs:
(ii)
the actual or likely adverse effects on natural resources of the taking or use are no more than minor or do not exceed any prescribed level; or
(e)
if the water is required to be taken or used for emergency or training purposes in accordance with section 48 of the Fire and Emergency New Zealand Act 2017.
(5)
In this section, prescribed level means a level of adverse effects that is—
(a)
more than minor; and
(b)
prescribed in national standards.
Compare: 1991 No 69 s 14
24 Discharges
(1)
A person must not discharge any of the following unless the discharge is expressly allowed by an instrument specified in subsection (2) or a natural resource permit:
(a)
a contaminant or water into water:
(b)
a contaminant into or onto land in circumstances that may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water:
(c)
a contaminant from any industrial or trade premises into air:
(d)
a contaminant from any industrial or trade premises into or onto land.
(2)
The instruments referred to in subsection (1) are—
(a)
a national rule; or
(b)
regulations; or
(c)
a rule in a natural environment plan and any rule in a proposed natural environment plan that has legal effect; or
(d)
a water services standard.
(3)
A person must not discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national rule or a water services standard unless the discharge—
(a)
is expressly allowed by regulations; or
(b)
is expressly allowed by a natural resource permit; or
(c)
is allowed by section 28.
(4)
A person must not discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a rule in a natural environment plan or a rule in a proposed natural environment plan that has legal effect unless the discharge—
(a)
is expressly allowed by a national rule, regulations, or a water services standard; or
(b)
is expressly allowed by a natural resource permit; or
(c)
is allowed by section 28.
(5)
This section does not apply to any activity to which section 25 or 26 applies.
Compare: 1991 No 69 s 15
25 Restrictions on dumping and incineration of waste or other matter in coastal marine area
(1)
A person must not do any of the following activities in the coastal marine area unless the activity is expressly allowed by a natural resource permit:
(a)
dump any waste or other matter from any ship, aircraft, or offshore installation:
(b)
incinerate any waste or other matter in any marine incineration facility.
(2)
A person must not dump any ship, aircraft, or offshore installation in the coastal marine area unless expressly allowed by a natural resource permit.
(3)
Nothing in this section permits the dumping of radioactive waste or radioactive matter or any discharge of a harmful substance that would contravene section 27.
(4)
In this section, marine incineration facility has the meaning given in section 257 of the Maritime Transport Act 1994.
Compare: 1991 No 69 s 15A
26 Discharge of harmful substances from ships or offshore installations
(1)
A person must not, in the coastal marine area, discharge a harmful substance or contaminant from a ship or offshore installation into water, onto or into land, or into air unless—
(a)
the discharge is permitted or controlled by regulations, a rule in a natural environment plan, a rule in a proposed natural environment plan that has legal effect, or a natural resource permit; or
(b)
after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:
(i)
the production of any conspicuous oil or grease films, scums, or foams, or floatable or suspended materials:
(ii)
any conspicuous change of colour or visual clarity:
(iii)
any emission of objectionable odour:
(iv)
any significant adverse effects on aquatic life; or
(c)
the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on natural resources or people.
(2)
A person must not, in the coastal marine area, discharge water into water from any ship or offshore installation unless—
(a)
the discharge is permitted or controlled by regulations, a rule in a natural environment plan, a rule in a proposed natural environment plan that has legal effect, or a natural resource permit; or
(b)
after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.
(3)
If regulations permit or control a discharge to which subsection (1) or (2) applies, no rule can be included in a natural environment plan or proposed natural environment plan, and no natural resource permit may be granted relating to that discharge, unless the regulations provide otherwise.
(4)
A person must not discharge a harmful substance or contaminant in reliance on subsection (1)(b) or (c) or (2)(b) if regulations, a rule in a natural environment plan, a rule in a proposed natural environment plan that has legal effect, or a natural resource permit applies to that discharge.
(5)
Regulations or a rule in a natural environment plan may prohibit a discharge that would otherwise be authorised in accordance with subsection (1)(b) or (c) or (2)(b).
(6)
A discharge authorised under subsection (1) or (2), or by regulations, a rule in a natural environment plan, a rule in a proposed natural environment plan that has legal effect, or a natural resource permit may, despite section 7 of the Biosecurity Act 1993, be prohibited or controlled by that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.
Compare: 1991 No 69 s 15B
27 Prohibitions relating to radioactive waste or other radioactive matter and other waste in coastal marine area
(1)
A person must not, in the coastal marine area,—
(a)
dump from any ship, aircraft, or offshore installation any radioactive waste or other radioactive matter; or
(b)
store any radioactive waste or other radioactive matter or toxic or hazardous waste on or in any land or water.
(2)
Subsection (1) applies despite any provision to the contrary in this Act.
(3)
In this section,—
radioactive waste or other radioactive matter has the same meaning as in section 257 of the Maritime Transport Act 1994
toxic or hazardous waste means any waste or other matter prescribed as toxic or hazardous waste by regulations.
Compare: 1991 No 69 s 15C
Existing activities
28 Certain existing activities allowed
(1)
A person may, without a natural resource permit, carry out an activity in a manner that contravenes a rule in a proposed natural environment plan that has legal effect until that rule becomes operative if,—
(a)
before the rule had legal effect, the activity—
(i)
was a permitted activity or otherwise could have been lawfully carried out without a natural resource permit; and
(ii)
was lawfully established; and
(b)
the effects of the 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 activity has not been discontinued for a continuous period of more than 12 months (or a longer period specified in the rule) since the rule had legal effect.
(2)
A person may, without a natural resource permit, carry out an activity in a manner that contravenes a national rule or rule in a natural environment plan if,—
(a)
before the national rule commenced or the rule in the natural environment plan became operative, the activity—
(i)
was a permitted activity, or was allowed to continue under subsection (1), or otherwise could have been lawfully carried out without a natural resource permit; and
(ii)
was lawfully established; and
(b)
the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the national rule commenced or the rule in the natural environment plan became operative; and
(c)
the person carrying out the activity has applied for a natural resource permit within 6 months after the date on which the national rule commenced or the rule in the natural environment plan became operative and the application has not been decided or any appeals have not been determined.
General duty
29 Duty to avoid, remedy, or mitigate adverse effects
(1)
A person has a duty to avoid, remedy, or mitigate any adverse effect on natural resources or people 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 natural environment plan, a rule in a proposed natural environment plan that has legal effect, or a natural resource permit; or
(ii)
section 28; 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 such an extent that it has or is likely to have an adverse effect on natural resources or people; or
(b)
require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on natural resources or people caused by, or on behalf of, that person.
Compare: 1991 No 69 s 17
Other legal requirements not affected
30 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.
(5)
A reference to the provisions of this Act in this section includes any provisions of the Planning Act 2026 that are applied by this Act for the purposes of this Act.
Compare: 1991 No 69 s 23
Subpart 3—Key instruments
31 Key instruments of this Act
The key instruments of this Act are as follows:
(a)
national policy direction:
(b)
national standards:
(c)
regional spatial plans:
(d)
natural environment plans.
Provisions of key instruments
32 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 region, in the case of a natural environment plan or regional spatial plan; or
(ii)
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)
33 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, controlled, restricted discretionary, discretionary, or prohibited activity:
(b)
specifies requirements for carrying out a permitted activity (for example, requirements referred to in section 39):
(c)
reserves matters of control for controlled activities:
(d)
specifies requirements for carrying out a controlled activity, restricted discretionary activity, or discretionary activity:
(e)
reserves matters of discretion in relation to a restricted discretionary activity:
(f)
specifies requirements for information to be included in an application for a natural resource permit:
(g)
requires or precludes targeted or public notification of an application for a natural resource permit for an activity:
(h)
specifies conditions of a natural resource permit that may be included under section 175 or 178.
(2)
A rule may—
(a)
include any provision that is necessary or incidental to the operation of the rule; and
(b)
in the case of a national rule only, do anything described in section 84(6).
Classification of activities
34 Guidance for classifying activities
(1)
This section—
(a)
is intended to guide decision makers when classifying activities in national standards or natural environment 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 controlled activity if—
(i)
the activity—
(A)
is acceptable, is anticipated, or achieves the desired level of use, development, or protection; and
(B)
requires a specific assessment of 1 or more of the effects of the activity; or
(ii)
the adverse effects of the activity are understood and can be appropriately managed:
(c)
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:
(d)
a discretionary activity if—
(i)
the nature and type of the activity requires an assessment of the adverse effects of the activity that cannot be managed; or
(ii)
there is significant variability in the adverse effects of the activity; or
(iii)
the activity is not anticipated or may be inappropriate:
(e)
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.
35 Consequences of permitted, controlled, restricted discretionary, or discretionary activity classification
(1)
If an instrument classifies an activity as a permitted activity,—
(a)
the activity does not require a natural resource permit; 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 controlled activity,—
(a)
the activity requires a natural resource permit; and
(b)
the instrument must specify the matters over which control is reserved; and
(c)
a permit authority must grant the permit unless—
(i)
section 171 applies; or
(ii)
section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; and
(d)
a permit authority’s power to impose conditions on the permit is restricted to the matters over which control is reserved; and
(e)
the activity must comply with any requirements in every instrument.
(3)
If an instrument classifies an activity as a restricted discretionary activity,—
(a)
the activity requires a natural resource permit; and
(b)
the instrument must specify the matters over which discretion is reserved; and
(c)
a permit authority’s power to grant or decline the permit or to impose permit 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 permit and any requirements in every instrument.
(4)
If an instrument classifies an activity as a discretionary activity,—
(a)
the activity requires a natural resource permit; and
(b)
a permit authority may grant the permit with or without conditions or decline the permit; and
(c)
the activity must comply with any conditions in the permit and any requirements in every instrument.
(5)
In this section,—
instrument means—
(a)
this Act:
(b)
regulations:
(c)
a national rule:
(d)
a water services standard:
(e)
a rule in a natural environment plan:
(f)
a rule in a proposed natural environment plan that has legal effect
requirements includes conditions and permissions.
Compare: 1991 No 69 s 87A
36 Consequence of prohibited activity classification
(1)
If an instrument (other than a proposed natural environment plan that has not become operative) classifies an activity as a prohibited activity,—
(a)
no application for a natural resource permit may be made for the activity; and
(b)
a regional council must not grant a permit for the activity.
(2)
In this section, instrument has the meaning given in section 35(5).
Compare: 1991 No 69 s 87A(6)
37 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)
38 Activities that must be treated as discretionary activities
An application for a natural resource permit for an activity must be treated as an application for a discretionary activity if—
(a)
subpart 2 requires a natural resource permit for the activity and there is no natural environment plan or proposed natural environment plan, or no relevant rule in the plan or proposed plan; or
(b)
a natural environment plan requires a natural resource permit for the activity but does not classify the activity; or
(c)
a rule in a proposed natural environment 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
39 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 natural environment plan but only if allowed or required by national standards.
(2)
If a permitted activity rule requires an activity to be registered, section 216 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 216; 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 331:
(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; but
(c)
may not specify any other requirement.
(4)
See also section 35(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
40 How instruments are more restrictive or enabling than national rule
(1)
This section applies for the purposes of sections 41 to 44.
(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 natural environment plan, a rule in a proposed natural environment plan that has legal effect, a natural resource permit, a bylaw, or a water conservation order.
Compare: 1991 No 69 s 43B(2), (4)
41 Relationship between national rule and rule in plan or proposed 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 natural resource permit 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 natural environment plan and proposed plan means a proposed natural environment plan that has legal effect.
Compare: 1991 No 69 ss 43A(5), 43B(1), (3)
42 Relationship between national rule and natural resource permit
(1)
A natural resource permit that is more restrictive than a national rule prevails over the rule if the rule expressly allows a permit to be more restrictive than it.
(2)
A natural resource permit that is more enabling than a national rule prevails over the rule if the rule expressly allows a permit to be more enabling than it.
(3)
Subsection (4) applies if a natural resource permit—
(a)
is granted under a rule in a natural environment plan or proposed natural environment plan that has legal effect; and
(b)
is granted before the date on which a national rule commences.
(4)
The natural resource permit—
(a)
prevails over the national rule; but
(b)
does not prevail if, and to the extent that, the national rule requires a review of the conditions of the permit in accordance with section 200(1)(c).
Compare: 1991 No 69 s 43B
43 Relationship between national rules and water conservation orders
(1)
A water conservation order prevails over a national rule applying to water if the order is more restrictive than the rule.
(2)
A national rule applying to water prevails over a water conservation order if the rule is more restrictive than the order.
Compare: 1991 No 69 s 43C
44 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
45 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 natural environment plan.
(5)
However, if anything in a natural environment 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 natural environment 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 natural environment plan prevails.
(6)
If a natural environment plan or proposed natural environment plan contains a rule that conflicts with or duplicates a provision in a wastewater environmental performance standard or stormwater environmental performance standard, the regional council must amend the plan or proposed plan to remove the conflict or duplication—
(a)
without using the process in Schedule 3 of the Planning Act 2026; and
(b)
as soon as practicable after the date on which the standard comes into force.
(7)
A regional council 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
46 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 natural environment 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 natural environment plan.
(6)
However, if anything in a natural environment 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 natural environment plan prevails.
(7)
If a natural environment plan or proposed natural environment plan contains a rule that conflicts with or duplicates a provision in an infrastructure design solution, the regional council must amend the plan or proposed plan to remove the inconsistency or duplication—
(a)
without using the process in Schedule 3 of the Planning Act 2026; and
(b)
as soon as practicable after the date on which the infrastructure design solution 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—Environmental limits
47 Defined terms
In this subpart, unless the context otherwise requires,—
action plan has the meaning given in section 70
attribute means a measurable biophysical characteristic that can be used to assess the extent to which—
(a)
an aspect of human health must be protected; or
(b)
the life-supporting capacity of the natural environment must be protected
best obtainable information has the meaning given in section 64
coastal water ecosystems means all coastal ecosystems within the outer limits of the territorial sea, including—
(a)
coastal ecosystems with a substantial freshwater component; and
(b)
coastal ecosystems in estuaries, fjords, inlets, harbours, or embayments
decision maker means a decision maker making any decision under this subpart
domain means a domain of the natural environment
ecosystem includes—
(a)
biological life—the abundance and diversity of biological life (whether indigenous or introduced species), including microbes, fungi, invertebrates, plants, fish, amphibians, reptiles, birds, and mammals; and
(b)
physical and chemical habitat—the abiotic components, including the physical form, structure, and quality of habitat, in relation to its suitability to support life; and
(c)
ecological processes—the interactions among and between biological life and their physical and chemical environment
freshwater means freshwater ecosystems—
(a)
including rivers, lakes, wetlands, and groundwater; and
(b)
excluding geothermal water and coastal ecosystems
indigenous biodiversity—
(a)
means the variety of indigenous living organisms and the ecological complexes of which they are a part; and
(b)
includes diversity within species, diversity between species, and the diversity of ecosystems
land and soil—
(a)
means either or both of the following:
(i)
the surface of earth that is not covered by water (land):
(ii)
the layered material at the earth’s surface that has resulted from chemical and biological processes and the physical organisation of minerals and organic matter (soil); and
(b)
includes contaminated land
life-supporting capacity of the natural environment means the ability of ecosystems of the natural environment—
(a)
to support and sustain a diverse range of indigenous species over time; and
(b)
to be resilient
methodology means a method, process, or set of requirements that must be complied with
resilience means the capacity of an ecosystem to withstand or recover from pressure and disturbances while retaining its essential qualities and functions.
Environmental limits and why they are required
48 Purpose of environmental limits
The purpose of an environmental limit is to—
(a)
protect human health (a human health limit); or
(b)
protect the life-supporting capacity of the natural environment (an ecosystem health limit).
49 Instruments that set environmental limits
(1)
Human health limits must be set in national standards.
(2)
Ecosystem health limits must be set in a region’s natural environment plan.
50 How environmental limits are expressed
(1)
An environmental limit—
(a)
must be linked to a management unit; and
(b)
must be—
(i)
a state attribute, being an identified biophysical state of the natural environment within the management unit (for example, concentrations of faecal indicator bacteria in water or the depth of fine silt on the bed of a water body); or
(ii)
a stress attribute, being an identified level of biophysical harm or stress on the natural environment that is allowed within the management unit (for example, a total take from a water body, or total load of discharge to a water body or airshed); and
(c)
may be expressed numerically or in narrative form subject to subsection (2).
(2)
An environmental limit may be expressed in narrative form only if—
(a)
the state attribute or stress attribute is clearly measurable; and
(b)
it is expressed—
(i)
in a way that readily enables assessment of whether the limit is breached; and
(ii)
in accordance with any requirements prescribed in regulations or national standards.
Compare: 2023 No 46 s 111
51 How this subpart applies to national standards and natural environment plans
(1)
If a decision under this subpart is to be implemented in national standards, the Minister must ensure that the applicable requirements of this subpart are complied with—
(a)
before notifying a proposed national standard under section 92(3); and
(b)
before recommending the making of a proposed national standard under section 96.
(2)
If a decision under this subpart is to be implemented in a natural environment plan, the regional council must ensure that the applicable requirements of this subpart are complied with—
(a)
before notifying its natural environment plan under Schedule 3 of the Planning Act 2026; and
(b)
before making a final decision on the plan in accordance with the provisions of that schedule.
52 Considerations for anticipated breach of environmental limit
For the purposes of this subpart, a decision maker may consider that a breach of an environmental limit is anticipated only if satisfied that the breach—
(a)
is likely to be caused by a historic activity, an activity authorised by a natural resource permit, or both; and
(b)
is highly likely to occur; and
(c)
cannot be prevented by taking reasonable steps.
Human health limits
53 Where human health limits must be set
(1)
National standards must set human health limits for attributes in each of the following domains:
(a)
freshwater:
(b)
coastal water:
(c)
land and soil:
(d)
air.
(2)
National standards must not set human health limits for attributes in any other domain.
(3)
National standards may set human health limits for an attribute across 2 or more domains described in subsection (1) if the attribute is relevant to managing human health across those domains.
54 Considerations relevant to developing human health limits
(1)
When preparing a human health limit, the Minister must—
(a)
be satisfied that the proposed human health limit will, as a minimum, prevent significant or irreversible harm to people and communities; and
(b)
consider the relevant health guidelines before making a decision under paragraph (a).
(2)
If the requirements of subsection (1) (the minimum requirements) are met, the Minister may then decide the level at which the proposed human health limit is set.
(3)
The Minister must be satisfied that the proposed human health limit is set at an acceptable level above the minimum requirements by having regard to—
(a)
the relevant health guidelines; and
(b)
the existing capacity of the natural environment to withstand or recover from pressure and disturbances in accordance with section 62; and
(c)
the impact of the proposed limit in accordance with section 61; and
(d)
a cost-benefit analysis of the proposed human health limit.
(4)
The order in which each consideration is set out in section 61 or 62 must not be taken as specifying any order of importance between environmental, social, and economic matters.
(5)
In this section, relevant health guidelines means relevant health guidelines published or advised by the Ministry of Health or the Minister of Health.
55 How interim limits relating to human health must be set in national standards or natural environment plans
(1)
If national standards include a human health limit that has been breached or is anticipated to be breached (in accordance with section 52), the standards must—
(a)
set a target date by which the breach must be remedied; or
(b)
require a regional council to set the target date in its natural environment plan in compliance with any time period specified in the standards.
(2)
National standards may, in relation to a specified human health limit,—
(a)
allow or require a regional council to set a target date for that limit in its natural environment plan if the council is satisfied that the limit is breached or is anticipated to be breached (in accordance with section 52); and
(b)
require the target date to be set in compliance with any time period specified in the standards.
(3)
If the target date set in national standards or a natural environment plan is more than 10 years after the commencement of the human health limit,—
(a)
the standards or plan must contain 1 or more interim limits at 10-year intervals; and
(b)
each interim limit—
(i)
must be accompanied by actions and outcomes to be achieved within a specified time frame; and
(ii)
must enable an orderly transition to the next interim limit or, if applicable, the target date; and
(iii)
must be set at consecutive 10-year intervals and must not overlap.
(4)
When preparing interim health limits for a human health limit, the Minister or regional council must—
(a)
have regard to the matters in section 54(3)(a) to (d); and
(b)
determine the level of protection to be provided by the interim limits after being satisfied that the limits are credible, achievable, and avoid unnecessary delay.
(5)
To avoid doubt, section 54(1) and (2) does not apply to the setting of interim limits for human health.
Ecosystem health limits
56 Where ecosystem health limits must be set
(1)
A regional council—
(a)
must set ecosystem health limits in its natural environment plan for 1 or more attributes in each of the following domains:
(i)
freshwater:
(ii)
coastal water:
(iii)
land and soil:
(iv)
indigenous biodiversity; and
(b)
may set ecosystem health limits in its natural environment plan for attributes in the domain of air only if directed by national standards; and
(c)
must not set ecosystem health limits in its natural environment plan for attributes in any other domain.
(2)
A regional council may set ecosystem health limits in its natural environment plan for an attribute across 2 or more domains described in subsection (1)(a) and, if applicable, subsection (1)(b) if the attribute is relevant to managing ecosystem health across those domains.
57 How ecosystem health limits must be set in natural environment plans
(1)
When setting an ecosystem health limit in its proposed natural environment plan, a regional council—
(a)
must follow the methodology specified in national standards for setting the limit; and
(b)
if there is no methodology specified, may determine and follow its own methodology for setting the limit.
(2)
A regional council must follow the process set out in Schedule 3 of the Planning Act 2026 to include ecosystem health limits in a proposed natural environment plan or plan change unless and to the extent that national standards provide otherwise.
(3)
If a regional council proposes or an independent hearings panel recommends an ecosystem health limit that is less stringent than the minimum acceptable level specified in national standards for that ecosystem health limit (see section 66(3)(c)), the council or panel must prepare a justification report.
58 Developing ecosystem health limits
(1)
Before deciding to include an ecosystem health limit in its proposed natural environment plan, a regional council must be satisfied that the proposed limit protects the life-supporting capacity of the natural environment to an acceptable level by having regard to—
(a)
the existing capacity of the natural environment to withstand or recover from pressure and disturbances in accordance with section 62; and
(b)
the impact of the proposed limit in accordance with section 61; and
(c)
a cost-benefit analysis of the proposed limit.
(2)
The order in which each consideration is set out in section 61 or 62 must not be taken as specifying any order of importance between environmental, social, and economic matters.
(3)
For the purposes of this section, a regional council—
(a)
is not required (despite sections 14 and 106) to implement the regional spatial plan; but
(b)
must have regard to the regional spatial plan.
59 How interim limits relating to ecosystem health must be set in natural environment plans
(1)
If a proposed natural environment plan includes an ecosystem limit that has been breached or is anticipated to be breached (in accordance with section 52), the plan must set a target date by which the breach must be remedied.
(2)
If the target date is more than 10 years after the commencement of the ecosystem health limit,—
(a)
the plan must contain 1 or more interim limits at 10-year intervals; and
(b)
each interim limit—
(i)
must be accompanied by actions and outcomes to be achieved within a specified time frame; and
(ii)
must enable an orderly transition to the next interim limit or, if applicable, the target date; and
(iii)
must be set at consecutive 10-year intervals and must not overlap.
(3)
The target date and, if applicable, each interim limit must be credible, achievable, and avoid unnecessary delay.
Decision-making criteria and considerations
60 Criteria for decisions relating to environmental limits
Decisions to which this section applies
(1)
This section applies to the Minister when preparing national standards that—
(a)
set a human health limit or an interim human health limit:
(b)
select an attribute for a human health limit, an interim human health limit, or an ecosystem health limit:
(c)
set a management unit for a domain or an attribute:
(d)
specify a methodology for—
(i)
setting a management unit; or
(ii)
setting an ecosystem health limit; or
(iii)
selecting an attribute of an ecosystem health limit:
(e)
specify minimum acceptable levels for an ecosystem health limit.
(2)
This section applies to a regional council when preparing provisions in its natural environment plan that—
(a)
set an ecosystem health limit or an interim ecosystem health limit:
(b)
select an attribute for an ecosystem health limit if that attribute is not already set in national standards:
(c)
set a management unit for a domain or attribute if that management unit is not already set in national standards.
Decision-making criteria
(3)
A decision maker must prioritise the most urgent and important matters, and for that purpose, must—
(a)
consider the following matters:
(i)
the extent, scale, and impacts of any environmental degradation; and
(ii)
the trend, direction, and pace of the degradation; and
(iii)
the difficulty in reversing the degradation if action is delayed; and
(b)
decide the most appropriate response to those matters (for example, whether by setting an environmental limit or specifying another approach).
61 Considering impact of proposed environmental limit or methodology
When considering the impact of a proposed environmental limit or methodology, a decision maker must have regard to—
(a)
the positive, adverse, actual, potential, and cumulative effects of the proposed limit or methodology on—
(i)
the life-supporting capacity of the natural environment in the case of an ecosystem limit:
(ii)
human health in the case of a human health limit:
(b)
the needs or aspirations of communities for the economy, society, and the natural environment:
(c)
the magnitude and spatial extent of—
(i)
any over-allocation of national resources; and
(ii)
any natural resources likely to be available for allocation as a result of the proposed limit or methodology:
(d)
the implications of the proposed limit for the current and future use of natural resources:
(e)
the implications of the proposed limit for activities authorised under section 23(4)(b) to (e):
(f)
the benefits associated with the current and future use of natural resources described in paragraph (d):
(g)
the efficacy and cost of available methods to manage effects within the proposed limit:
(h)
alternative ways of providing for natural resource use that are consistent with protecting or enhancing the natural environment, including any alternative locations for natural resource use if the proposed limit allows for environmental degradation.
62 Considering existing capacity of natural environment
(1)
When considering the existing capacity of the natural environment to withstand or recover from pressure and disturbances, a decision maker must have regard to—
(a)
the condition of the relevant attribute as at the commencement of this section provided that the decision maker is satisfied it is a fair representation of the baseline condition of the attribute at that time:
(b)
the history of any previous relevant environmental limits under this Act and the level of protection they provided:
(c)
the existing state of the natural environment (including ecosystems and their constituent parts), any trends showing a change in the state of the environment over time, and the natural and human causes of those states and trends:
(d)
any prediction of the likely future change in the natural environment that may reasonably occur—
(i)
over the medium- and long-term; and
(ii)
from natural and human causes:
(e)
the natural variability of the natural environment, including the natural variability of any relevant attribute:
(f)
the resilience of the natural environment to—
(i)
pressures and disturbances (for example, from the use of natural resources, climate change, severe weather, floods, or droughts); and
(ii)
any potential for tipping points or irreversible degradation:
(g)
important species, habitats, and ecosystems, especially those that are rare, threatened, or endangered.
(2)
In addition to the matters they are required to have regard to under subsection (1)(b), a decision maker may have regard to the history of any protections under other legislation that they consider equivalent to the level of protection provided by environmental limits under this Act.
(3)
When having regard to the existing state of the natural environment under subsection (1)(c), a decision maker must also have regard to—
(a)
naturally occurring processes, levels, and variability in the natural environment; and
(b)
existing resource use and activities (for example, existing land use); and
(c)
activities authorised by a natural resource permit or under section 23(4)(b) to (e).
(4)
In this section, natural variability means the variability of the natural environment that occurs or would occur if the variability attributed to human causes were disregarded.
63 Cost-benefit analysis under this subpart
A cost-benefit analysis that a decision maker is required to consider or have regard to under this subpart in relation to a proposed environmental limit or methodology must—
(a)
provide an assessment of the costs and benefits of the proposed decision; and
(b)
include consideration of—
(i)
the matters to which the decision maker must have regard under section 61; and
(ii)
any matter to which the decision maker must have regard under section 62 to the extent that the matter is appropriate for a cost-benefit analysis; and
(c)
be prepared in accordance with requirements prescribed in regulations.
64 Decisions must be based on best obtainable information
(1)
A decision maker must ensure that their decision is based on the best obtainable information available to them at the time of making the decision.
(2)
In this subpart, best obtainable information means information that the decision maker is satisfied—
(a)
is as robust, transparent, and accessible as is reasonably possible; and
(b)
is obtained from information that is available or can be reasonably obtained at the time; and
(c)
is obtained in a manner that is proportionate to the effects of the decision.
(3)
When considering whether information is the best obtainable information, the decision maker must be guided by any criteria prescribed in regulations.
(4)
Despite subsection (1), a lack of scientific certainty or environmental evidence is no reason to delay making a decision under this subpart to prevent significant or irreversible harm to the natural environment.
Management units and methodologies
65 Management units and related methodologies
(1)
National standards must, in relation to a domain or an attribute associated with an environmental limit,—
(a)
set management units; or
(b)
prescribe methodologies by which regional councils must identify and set management units.
(2)
The size and location of the management unit must—
(a)
be appropriate to achieve the purpose of the environmental limit; and
(b)
be determined by reference to scientific knowledge and evidence.
(3)
National standards that set human health limits may prescribe methodologies for regional councils to identify where the human health limits apply.
(4)
To avoid doubt, subsection (2)(b) is in addition to section 64.
66 Specifying methodologies for setting ecosystem health limits
(1)
National standards must specify a methodology that regional councils must follow when setting an ecosystem health limit.
(2)
The Minister must be satisfied that the methodology supports the protection of the life-supporting capacity of the natural environment to an acceptable standard after having considered—
(a)
the existing capacity of the natural environment to withstand or recover from pressure and disturbances in accordance with section 62; and
(b)
the impact of the proposed methodology in accordance with section 61; and
(c)
a cost-benefit analysis of the proposed methodology.
(3)
National standards—
(a)
may specify whether an ecosystem health limit must be expressed only as a state attribute or a stress attribute; and
(b)
may specify attributes for ecosystem health limits; and
(c)
may specify minimum acceptable levels for ecosystem health limits; but
(d)
must not determine an ecosystem health limit.
(4)
The Minister must consider, when developing national standards that specify a methodology or minimum acceptable level, how the standards can allow for future improvements to science and monitoring methods in a timely manner (for example, by incorporating material by reference).
(5)
In subsection (3), minimum acceptable level means the minimum level of protection for the life-supporting capacity of the natural environment.
(6)
The order in which each matter is set out in section 61 or 62 must not be taken as specifying any order of importance between environmental, social, and economic matters.
(7)
If national standards set a minimum acceptable level for an attribute,—
(a)
a regional council is not prevented from setting an ecosystem health limit that provides a higher level of protection for that attribute in its natural environment plan; but
(b)
if a regional council sets an ecosystem health limit that provides a less stringent level of protection, it must prepare a justification report.
Managing, avoiding, and remedying breaches of environmental limits
67 Regional councils to manage natural resources subject to environmental limits
Every natural resource that is the subject of an environmental limit must be managed by a regional council for the purpose of managing compliance with the limit.
68 Avoiding breach of environmental limits
(1)
A regional council must take all reasonable steps to avoid the breach of an environmental limit.
(2)
A regional council must evaluate the likelihood of an environmental limit being breached if—
(a)
there is sufficient evidence that the limit is likely to be breached (whether in the immediate to long-term future); or
(b)
there are activities authorised under this Act or other legislation that—
(i)
are carried out within a management unit; and
(ii)
are likely to give rise to a breach of the limit.
(3)
If a regional council is satisfied that a breach of an environmental limit is likely to occur, the council—
(a)
must take action to avoid the breach by preparing an action plan or changing its natural environment plan (for example, by—
(i)
preparing or changing a rule in the plan:
(ii)
establishing a safety margin within environmental limits (to account for uncertainties, natural variability, errors, or unexpected events):
(iii)
widening that safety margin:
(iv)
changing the way that natural resources are allocated); and
(b)
may take any other action the council considers necessary to avoid the breach (for example, by reviewing the conditions of a natural resource permit and making any necessary adjustments).
(4)
However, if national standards to which section 87 applies authorise an activity that breaches or is likely to breach an environmental limit identified in those national standards,—
(a)
a regional council must consider whether the provisions of those national standards together with the rules in its natural environment plan will likely lead to a breach of that limit:
(b)
if the council concludes that a breach of the limit will or is likely to occur,—
(i)
subsections (1) to (3) do not apply to the council in respect of the limit; and
(ii)
instead, the council must take reasonable steps towards remedying any breach of the limit, which may include an action described in subsection (3)(a) or (b); and
(iii)
the council must carry out a review of the limit when it next reviews the provisions of its natural environment plan:
(c)
if the council concludes that a breach of the limit is unlikely to occur, subsections (1) to (3) continue to apply to the council in respect of that limit.
(5)
In this section, sufficient evidence includes—
(a)
evidence of trends in the state of the natural environment over time; or
(b)
forecasts informed by modelling or evaluation.
69 Responsibilities if environmental limit breached or anticipated to be breached
(1)
A regional council must publicly notify, in accordance with any requirements in national standards,—
(a)
any breach of an environmental limit; and
(b)
the causes and extent of the breach.
(2)
If an environmental limit is breached or is anticipated to be breached (in accordance with section 52), a regional council must—
(a)
prepare an action plan detailing how the council will manage natural resource use to remedy the breach; and
(b)
take any other action the council considers necessary to remedy the breach, including—
(i)
preparing or changing a rule in a natural environment plan; or
(ii)
reviewing the conditions of a natural resource permit and making any necessary adjustments; or
(iii)
changing the way that natural resources are allocated.
(3)
To avoid doubt, a regional council must comply with subsection (1) regardless of whether the breach or anticipated breach of the environmental limit is the result of an activity—
(a)
authorised by national standards; or
(b)
allowed by a water services standard or other legislation.
(4)
An action plan required under this section must—
(a)
contain proposals to remedy an environmental limit that has been breached or is anticipated to be breached; and
(b)
propose a target date for remedying the breach.
(5)
If the proposed target date is more than 10 years after the commencement of the environmental limit,—
(a)
the proposal must contain 1 or more interim limits at 10-year intervals; and
(b)
each interim limit—
(i)
must be accompanied by actions and outcomes to be achieved within a specified time frame; and
(ii)
must enable an orderly transition to the next interim limit or, if applicable, the target date; and
(iii)
must be set at consecutive 10-year intervals and must not overlap.
(6)
The proposed target date and, if applicable, each interim limit must be credible, achievable, and avoid unnecessary delay.
Action plans
70 Action plans defined
(1)
In this subpart, an action plan means a plan that contains measures to—
(a)
avoid breaching an environmental limit; or
(b)
remedy a breach of an environmental limit.
(2)
The measures contained in an action plan may, subject to any requirements specified in national standards, include—
(a)
proposed regulatory measures; and
(b)
non-regulatory measures (such as work plans and partnership arrangements with tangata whenua, community groups, and catchment groups).
71 National standards may prescribe requirements relating to action plan
National standards may—
(a)
specify minimum requirements for the content of the action plan; and
(b)
prescribe the process for preparing the action plan, including requirements relating to—
(i)
notifying and carrying out public consultation on the action plan; and
(ii)
finalising the action plan; and
(c)
specify how and when the action plan must be implemented and monitored.
72 Preparation of action plans if national standards do not prescribe process
(1)
This section applies if national standards do not prescribe a process for preparing action plans.
(2)
A regional council is not required to carry out any consultation on the action plan if the action plan will not have implications for the council’s decision-making on natural resource permits.
(3)
If the action plan will have implications on a regional council’s decision-making on natural resource permits, the council must follow the process specified in sections 76 to 82A of the Local Government Act 2002, subject to the following modifications:
(a)
the scope of consideration and consultation is limited to those matters that the council considers will have implications on decision-making on natural resource permits; and
(b)
the council is required to consult only persons who will or may be affected by or have an interest in those matters (for example, catchment groups).
73 General content of action plans
(1)
An action plan may recommend matters relating to—
(a)
decision-making on applications for natural resource permits; and
(b)
the review of conditions of permits; and
(c)
the preparation of rules in a natural environment plan.
(2)
An action plan must—
(a)
include any other matters required by national standards; and
(b)
be consistent with national standards.
(3)
A regional council may include in its action plan any other intervention it considers would help achieve the purpose of the action plan, including interventions by other authorities, entities, or persons under other legislation.
(4)
The proposals in an action plan do not have effect unless they are included as rules in a natural environment plan.
74 Updating action plan
When a natural environment plan or any of its provisions become operative and directly affect the subject matter of an action plan,—
(a)
a regional council must update the action plan to make it consistent with—
(i)
any environmental limit in the operative plan; and
(ii)
any other provision in the operative plan; and
(b)
for the purpose of that update only, the council is not required to follow any consultation process set in national standards or section 72(3).
75 Considerations before action plans can propose controls on land use or inputs
(1)
An action plan must not propose controls on land use or inputs unless the regional council is satisfied that the following measures will not be sufficient to achieve the purpose of the action plan:
(a)
national standards:
(b)
existing rules in a natural environment plan:
(c)
freshwater farm plans:
(d)
non-regulatory measures.
(2)
Controls on land use or inputs that are proposed in an action plan do not have effect unless and until they are included as rules in a natural environment plan.
(3)
In this section, controls on land use or inputs means rules in an action plan that—
(a)
restrict or determine how land is used and what it can be used for (for example, the type of forestry planting, construction or use of urban or built areas, or fertiliser application rates); and
(b)
are proposed to be included in a natural environment plan.
Subpart 5—National instruments
National instruments
76 Application of national instruments
National instruments may apply generally or to any specified district, region, or part of New Zealand.
77 Regional council and spatial plan committee must implement national instrument
(1)
A regional council 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
78 National policy direction
There must always be a national policy direction.
79 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 Planning Act 2026; or
(c)
conflict between national instruments under this Act and, if applicable, national instruments under the Planning Act 2026
particularise, in relation to a goal, means to explain the goal in detail, including by providing any context relevant to the goal.
80 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 is the only way 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 Planning 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
81 National standards
There must always be national standards.
82 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.
83 Content of national standards
(1)
National standards may include objectives, policies, rules, methods, or requirements that are relevant to their purpose (see section 82).
(2)
National standards may provide for national rules.
(3)
National standards may direct—
(a)
how natural resources must be managed:
(b)
how regional councils must make decisions:
(c)
how regional councils must use processes and methodologies.
(4)
National standards may—
(a)
direct that specific provisions be included in natural environment plans or regional spatial plans:
(b)
direct regional councils 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.
84 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 natural resource permit for an activity:
(d)
require compliance with requirements specified in the standards or in a natural environment plan or proposed natural environment plan:
(e)
restrict the making of a rule in a natural environment plan or the granting of a natural resource permit to matters specified in the standards:
(f)
require or preclude targeted or public notification of an application for a natural resource permit for an activity:
(g)
specify, in relation to a rule in a natural environment 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 natural resource permit is not required for the activity; or
(b)
do either or both of the following:
(i)
state that a natural resource permit 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 natural environment plan or proposed natural environment 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 controlled activity must state the matters over which control is reserved:
(c)
as a restricted discretionary activity must state the matters over which discretion is restricted.
(4)
A national rule may direct how authorisations for aquaculture activities are to be allocated. However, section 325(4) applies to any process established under that rule.
(5)
A national rule may, in relation to an aquaculture activity,—
(a)
state that an application by a permit holder to change or cancel conditions must be treated as an application for a natural resource permit for a controlled or restricted discretionary activity; and
(b)
for that purpose, state the matters over which control is reserved or discretion is restricted.
(6)
A national rule may require local authorities to review, under section 200(1), all or any of the natural resource permits to which section 200(1)(c) or (d) applies as soon as practicable or within the time specified in the national rule.
(7)
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.
85 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 Planning 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 may include provisions relating to—
(a)
the allocation of natural resources; and
(b)
environmental limits (but see subpart 4).
(4)
National standards may establish processes for the allocation of authorisation for aquaculture activities. However, section 325(4) applies to any process so established.
(5)
National standards may—
(a)
allow or direct a regional council to include in its natural environment plan a permitted activity rule that requires the activity to be registered with a permit authority; or
(b)
restrict a regional council from including that rule in its plan.
(6)
National standards may state requirements relating to the content of natural environment plans and regional spatial plans, including—
(a)
objectives, policies, rules, or other methods to be included in natural environment plans:
(b)
objectives, actions, policies, or other methods, or other provisions, to be included in regional spatial plans.
(7)
National standards may include requirements relating to—
(a)
the structure and form of a natural environment plan or regional spatial plan:
(b)
the electronic accessibility and functionality of a natural environment plan or regional spatial plan:
(c)
any of the following matters to the extent that they relate to natural environment plans or regional spatial 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.
(8)
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.
(9)
National standards may include transitional provisions for any matter, including its effect on existing matters or proceedings.
(10)
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.
(11)
In subsection (8), building code and other property have the meanings given in section 7 of the Building Act 2004.
86 Minister must ensure national standards enable resource use only within environmental limits
(1)
When preparing national standards that enable the use of natural resources other than national standards to which section 87 applies, the Minister must use all reasonable endeavours to ensure that the standards enable the use of those natural resources to occur only within environmental limits.
(2)
The Minister must assess the proposed national standards to identify any reasonably foreseeable adverse risks of environmental limits being breached.
(3)
The Minister must ensure that any risks identified are addressed in the proposed national standards to avoid breaching an environmental limit, including,—
(a)
if there is a possibility that the limit will be breached, by requiring a rule in a natural environment plan or a condition of a natural resource permit that is more restrictive than the standard; and
(b)
directing regional councils to undertake forecasting or monitoring; and
(c)
providing a means by which an activity class may be changed to avoid breaching the limit.
(4)
The Minister must—
(a)
undertake monitoring and evaluation of national standards or enable it to be undertaken; and
(b)
review existing national standards in light of performance monitoring and to account for new environmental limits.
(5)
Subsection (3) does not apply to proposed national standards to which section 87 applies.
(6)
Further provisions that apply to national standards relating to environmental limits are set out in subpart 4.
87 National standards may authorise specified activities to breach environmental limits
(1)
National standards may authorise activities that breach or are likely to breach a specified environmental limit if—
(a)
the Minister is satisfied that there is net public benefit in authorising the activities, after having considered—
(i)
the public benefits of authorising the activities; and
(ii)
the public costs of authorising the activities; and
(b)
the Minister has considered (before coming to a view under paragraph (a))—
(i)
the harm or potential harm to any aspect of ecosystem health or human health that the environmental limit is intended to protect; and
(ii)
the wider implications for natural resource use; and
(iii)
the likely opportunity costs associated with authorising activities that will or are likely to breach the environmental limit instead of requiring compliance with the limit; and
(c)
the proposed national standards—
(i)
identify each environmental limit to which the standards apply; and
(ii)
identify the activities or classes of activities that are authorised to breach the environmental limit; and
(iii)
impose conditions on the identified activities or classes of activities for the purpose of mitigating the harm to any aspect of ecosystem health or human health that the environmental limit is intended to protect; and
(iv)
specify whether and the extent to which regional councils may, in relation to an identified activity or class of activities, impose more restrictive requirements in their natural environment plans to avoid or lessen a breach of an environmental limit.
(2)
For the purpose of subsection (1)(c)(i), the proposed national standards—
(a)
must specify the purpose, domain, and attributes of the environmental limit to which the standards apply; and
(b)
may specify the region or management unit of the limit.
(3)
National standards to which this section applies must be clearly identified as such in the standards.
(4)
Section 86(2) and (4) applies to national standards to which this section applies.
(5)
The requirements of this section must be complied with before the Minister notifies the proposed national standards under section 92(3) or recommends the making of proposed national standards under section 96.
88 National standards relating to natural environment plans and regional spatial plans
(1)
If a provision in a national standard necessitates a change to a natural environment plan or regional spatial plan,—
(a)
a regional council must use a process in Schedule 3 of the Planning Act 2026 to amend its plan; and
(b)
a spatial plan committee must use the process in subpart 1 of Part 3 of the Planning Act 2026 to amend its plan.
(2)
A national standard may direct a regional council or a spatial plan committee to amend its plan without using a process in subpart 1 of Part 3 or Schedule 3 of the Planning Act 2026 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 regional council or a spatial plan committee must—
(a)
make the amendments directed by national standards referred to in 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.
89 National standards may direct plan provisions in natural environment plans and regional spatial plans
(1)
National standards may direct plan provisions to be included in—
(a)
natural environment plans or proposed natural environment plans; or
(b)
regional spatial plans.
(2)
A direction—
(a)
may require or authorise a regional council or spatial plan committee to include a plan provision contained in the national standard itself; or
(b)
may authorise a regional council or spatial plan committee to include a plan provision that it has prepared.
(3)
For the purposes of subsection (2)(a), a national standard may—
(a)
contain a plan provision—
(i)
that the regional council or spatial plan committee must include in its plan; and
(ii)
in relation to which the regional council or spatial plan committee has no discretion to determine its spatial application; or
(b)
contain a plan provision in relation to which the regional council 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 regional council or spatial plan committee must include and give effect to a plan provision required or authorised under this section.
(5)
See section 104(3) (which provides that a regional council must not amend a standardised plan provision in a land use plan) and section 77(4) of the Planning Act 2026 (which provides that the spatial plan committee, local authorities, and the Minister must not amend a standardised provision in a regional spatial plan).
90 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 natural environment plan.
91 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
92 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 85(10), 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) and, if applicable, section 51, 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 79 or 82; 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 93 or 94 (as applicable):
(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 be made; 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.
93 Considerations for national policy direction
(1)
When notifying a proposed national policy direction under section 92(3), the Minister must give a notice summarising why they consider the proposal is consistent with the purpose of national policy direction under section 79.
(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 people and natural resources:
(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 practicable, consistent with other national instruments, including national instruments under the Planning 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 Planning 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.
94 Considerations for national standards
(1)
When notifying proposed national standards under section 92, the Minister must give a notice explaining why they consider the proposal is consistent with the purpose of national standards under section 82.
(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 14 and 17, 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.
95 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 96.
(2)
The Minister must give public notice of the withdrawal and include reasons for the withdrawal.
Compare: 1991 No 69 s 51A
96 Making of national instrument
(1)
The Governor-General 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 92, the Minister must consider the report and recommendations made under section 92(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 95.
(4)
Before recommending the making of national standards relating to environmental limits under subpart 4, the Minister must be satisfied that the applicable requirements of that subpart have been complied with.
(5)
Before recommending the making of a national instrument that makes an amendment as referred to in section 97 or 98, the Minister must consider whether it is more appropriate to comply with section 92.
(6)
After the national instrument is made,—
(a)
the Minister must notify every regional council and the public that the following documents are available and how they can be accessed:
(i)
a summary of 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 97 or 98, paragraph (a) does not apply and the Minister must instead publish their reasons for the amendment on an internet site.
(7)
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. | ||||
97 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 92 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 93 does not apply to amendments recommended under this section.
98 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 92 if the amendment is needed for one of the following reasons:
(a)
to align with a New Zealand Standard within the meaning of section 4(1) 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 94 does not apply to amendments recommended under this section.
Part 3 Combined plan and other matters
99 Combined plan
See section 72 of the Planning Act 2026, which provides that there must be a combined plan for each region consisting of—
(a)
the regional spatial plan for the region (see subpart 1 of Part 3 of the Planning Act 2026); and
(b)
the natural environment plan for the region (see subpart 1 of this Part); and
(c)
a land use plan for each district within the boundaries of the region (see subpart 2 of Part 3 of the Planning Act 2026); and
(d)
the land use plan for the coastal marine area within the boundaries of the region (see subpart 2 of Part 3 of the Planning Act 2026).
Subpart 1—Natural environment plans
Core requirements for plan making
100 Purpose of natural environment plan
The purpose of a natural environment plan is to—
(a)
enable and regulate the use, protection, and enhancement of natural resources within a region; and
(b)
assist regional councils in carrying out their functions and duties under this Act.
Compare: 1991 No 69 s 63
101 Each region must have 1 natural environment plan
There must at all times be 1 natural environment plan for each region.
Compare: 1991 No 69 s 64(1)
102 Schedule 3 of Planning Act 2026 applies
(1)
Schedule 3 of the Planning Act 2026 applies.
(2)
(3)
Any person (other than a regional council) may request a change to a natural environment plan in accordance with Part 2 of Schedule 3 of the Planning Act 2026.
(4)
Part 3 of Schedule 3 of the Planning Act 2026 sets out when rules in a proposed natural environment plan have legal effect.
Compare: 1991 No 69 ss 64(4), 65(2), (4)
103 Independent hearings panel
Schedule 4 of the Planning Act 2026 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 natural environment plan is being prepared or changed. That schedule applies for the purposes of this Act.
104 Natural environment plan must include standardised plan provisions as directed by national instrument
(1)
A regional council—
(a)
must include a standardised plan provision in its natural environment plan or a proposed natural environment plan if national standards direct it to include that provision; and
(b)
may include a standardised plan provision in its natural environment plan or a proposed natural environment plan if national standards direct that it may include that provision.
(2)
A regional council 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 instrument, 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 regional council must not amend a standardised plan provision.
105 Plan may include bespoke plan provisions if authorised by national instrument
A regional council may include a bespoke plan provision in a natural environment plan or proposed natural environment plan only if—
(a)
a national instrument authorises the regional council to prepare a bespoke plan provision (see section 89(2)(b)); or
(b)
the national instruments do not preclude the regional council from including a bespoke plan provision.
106 Core obligations when preparing and deciding natural environment plan
(1)
This section sets out the core obligations that apply when—
(a)
a regional council 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 plan or proposed plan (see sections 89 and 104); and
(b)
a regional council is preparing or deciding a bespoke plan provision (see section 105).
(2)
A regional council must make its decisions in accordance with its functions and duties under sections 228 to 230 so that the resulting natural environment plan—
(a)
implements—
(i)
the regional spatial plan; and
(ii)
national instruments, in accordance with section 14; and
(b)
ensures that environmental limits are complied with; and
(c)
is not inconsistent with a water conservation order.
(3)
However, subsection (2)(a)(i) does not apply in relation to a provision in a regional spatial plan if the regional council 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 regional council 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 regional council; and
(c)
to the extent that it is relevant to activities in the region and is within the regional council’s functions or duties, have regard to each of the following:
(i)
the Crown’s interest in the coastal marine area:
(ii)
the extent to which the natural environment plan needs to be consistent with any natural environment plan or proposed natural environment plan of an adjacent regional council:
(iii)
the extent to which the natural environment plan needs to be consistent with any regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
(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; and
(d)
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 or an environmental covenant prepared under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019,—
(i)
recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and
(ii)
take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group; and
(e)
in relation to an environmental covenant prepared under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019,—
(i)
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 the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019); and
(ii)
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).
(5)
The regional council must not have regard to trade competition or the effects of trade competition.
(6)
The regional council must comply with—
(a)
a direction of the Minister under section 222; and
(b)
any regulations.
Compare: 1991 No 69 ss 66, 67(3), (4)
Types of provisions in natural environment plans
107 Types of provisions in natural environment plan
(1)
A natural environment plan—
(a)
must include objectives, policies, and rules; and
(b)
must include a relief framework if required by clause 65 of Schedule 3 of the Planning Act 2026; and
(c)
may include methods.
(2)
A natural environment plan may incorporate material by reference in the manner prescribed by regulations.
Compare: 1991 No 69 ss 67(1), 68(1), (2)
108 Conflicts between rules and regulations
If a rule in a natural environment plan is inconsistent with a regulation under this Act, the regulation prevails.
Further matters relating to rules
109 Rules may allocate natural resource activity
(1)
A rule in a natural environment plan may allocate a natural resource use activity.
(2)
A rule that allocates a natural resource use activity—
(a)
must not allocate the amount of the natural resource that is already allocated by an existing permit during the term of that permit:
(b)
may allocate the natural resource in anticipation of the expiry of an existing permit:
(c)
may allocate the natural resource among competing types of activities:
(d)
may allocate the natural resource to no type of activity:
(e)
must not allocate water, heat, or energy from water in a way that affects the activities authorised by section 23(4)(b) to (e):
(f)
may allocate natural resource use as a fixed amount or as a proportion of the available resource.
110 Plan must not permit activity that has certain effects on protected customary rights
(1)
A natural environment plan or a proposed natural environment 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
111 Process if plan or proposed plan does not comply with section 110
(1)
If a protected customary rights group or protected customary activity hapū considers that a rule in a natural environment plan or proposed natural environment plan does not comply with section 110, the group or hapū may—
(a)
request a change to the rule in the plan in accordance with clause 48 of Schedule 3 of the Planning Act 2026; or
(b)
make a submission on the proposed plan in accordance with Part 1 of Schedule 3 of the Planning Act 2026; or
(c)
apply to the Environment Court in accordance with clause 47(3) of Schedule 9 of the Planning Act 2026 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 110, the regional council 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
112 Customary marine title permitted activity rules in plan or proposed plan
(1)
A natural environment plan or a proposed natural environment 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 regional council 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 regional council 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 113, applicant group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
113 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 regional council 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 regional council considers that the activity will or is likely to have an adverse effect described in subsection (2)(a) or (b), the regional council must amend its natural environment plan, and any proposed natural environment plan, to identify the national rule as a customary marine title permitted activity rule.
(4)
The regional council 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 of the Planning Act 2026.
114 Rules to protect other property from effects of surface water may set higher performance criteria than building code
(1)
A rule in a natural environment 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)
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 68(2A)
115 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 natural resource permit.
(2)
A natural environment 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.
Adaptive management and incentives
116 Plan may require adaptive management approach
(1)
A natural environment plan may include provisions that require an adaptive management approach to be used in relation to any activity.
(2)
Provisions in a plan that require an adaptive management approach—
(a)
must meet the requirements of section 175(2)(a) to (c); and
(b)
may include provisions described in section 175(2)(d) to (f).
(3)
When deciding provisions that require an adaptive management approach, the regional council must comply with section 175(3) and (4) as if references in that section to a permit authority were references to the regional council.
Compare: 2023 No 46 s 179
117 Methods relating to incentives
A method in a natural environment plan may provide an incentive to a land owner to undertake an activity only if—
(a)
the regional council 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
118 Obligations relating to regulatory relief in Schedule 3 of Planning Act 2026
Part 4 of Schedule 3 of the Planning Act 2026 sets out obligations relating to regulatory relief and has effect according to its terms.
Review of natural environment plans
119 Review of provisions in natural environment plan at least every 10 years
(1)
A regional council must commence a review of a provision in a natural environment 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 regional council considers that the provision should be amended, the regional council must prepare and notify for submissions (in accordance with Schedule 3 of the Planning Act 2026) a proposed plan to amend or replace the provision.
(3)
If, after reviewing the provision, the regional council considers that the provision does not need to be amended, the regional council must prepare and notify for submissions (in accordance with Schedule 3 of the Planning Act 2026) a proposed plan that includes the provision unchanged.
(4)
A provision in a natural environment plan does not cease to be operative because the provision is due for review, or is being reviewed, under this section.
(5)
A regional council may commence a review of a provision in a natural environment plan at any time.
(6)
To avoid doubt, a regional council may choose to comply with this section by carrying out a full review of all provisions in its natural environment 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
Aquaculture
120 Aquaculture areas
(1)
A natural environment plan may prescribe aquaculture areas for 1 or more of the following purposes:
(a)
providing for, and managing, aquaculture activities in an aquaculture settlement area gazetted under the Maori Commercial Aquaculture Claims Settlement Act 2004:
(b)
enabling requests to be made for aquaculture area decisions under clause 45 of Schedule 4:
(c)
enabling the allocation of authorisations for aquaculture activities.
(2)
A natural environment plan that prescribes an aquaculture area must—
(a)
ensure that an aquaculture area is used principally for aquaculture activities; and
(b)
specify the boundaries of the aquaculture area using geographic co-ordinates; and
(c)
ensure that no application (other than under an authorisation) can be made for a coastal permit to occupy space in an aquaculture area before a date to be specified in a public notice; and
(d)
ensure that no application (other than under an authorisation) can be made for a coastal permit for aquaculture activities in any part of the aquaculture area where the relevant chief executive has made an aquaculture area decision that is a reservation related to customary fishing, recreational fishing, or commercial fishing for stocks not subject to the quota management system.
(3)
A rule in a plan that applies to an aquaculture area may be subject to an aquaculture area decision by the relevant chief executive under the Fisheries Act 1996.
(4)
In this clause,—
authorisation has the meaning given in clause 1 of Schedule 4
relevant chief executive means the chief executive of the department responsible for administering the Fisheries Act 1996.
121 Restriction on classifying aquaculture as permitted activity in coastal marine area
A rule in a natural environment plan must not classify an aquaculture activity as a permitted activity in the coastal marine area unless the rule applies solely to a space where an aquaculture activity is authorised by a current coastal permit.
Compare: 2023 No 46 s 192(3)
Other matters
122 Joint natural environment plans
(1)
The regional councils of 2 or more regions may agree to prepare, implement, and administer a joint natural environment plan that applies to their combined regions.
(2)
A joint natural environment plan—
(a)
must be prepared in accordance with subpart 1 (including Schedule 3 of the Planning Act 2026 as applied by that subpart); and
(b)
must clearly identify which regional council or regional councils are responsible for administering each provision of the joint natural environment plan.
(3)
(4)
A joint natural environment plan (or provision in a joint natural environment plan) that becomes operative in accordance with clause 44 of Schedule 3 of the Planning Act 2026 in relation to 1 or more regional councils must be treated as if it were a separate natural environment plan (or a provision in a separate natural environment plan) for each region of those regional councils.
(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 natural environment plan.
Compare: 1991 No 69 s 80(3), (4), (6A), (8)–(11)
123 Statutory acknowledgements to be attached to natural environment plans
(1)
Every statutory acknowledgement that applies in a region must be attached to the natural environment 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 natural environment plan is for public information only and, unless adopted by the regional council as part of the plan, is not part of the plan.
124 Disputes relating to whether natural environment plan implements national instrument or regional spatial plan
(1)
This section applies if there is a dispute about whether a natural environment plan implements—
(a)
a national instrument; or
(b)
the regional spatial plan.
(2)
The Minister, the regional council responsible for the natural environment 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 natural environment plan does not implement the national instrument or regional spatial plan, the court must order the regional council to amend the natural environment plan in accordance with section 88(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
125 Presumption of validity
If a regional council asserts that a natural environment plan or a provision in a natural environment plan is operative, the plan or provision—
(a)
must be treated as having been prepared and approved in accordance with Schedule 3 of the Planning Act 2026; and
(b)
must not be challenged except by an enforcement order of a kind described in section 255(1)(g) (see section 257(3) for application requirements).
126 Regional council must comply with and enforce natural environment plan
(1)
A regional council—
(a)
must comply with its own natural environment plan and any rule of its proposed natural environment 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 natural resource permit, 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
127 Boundary adjustments
(1)
If the boundaries of a region are changed so that any area that was previously part of the region is administered by a different regional council, the natural environment plan and any proposed natural environment 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 natural environment plan or proposed plan of the different regional council.
(2)
If the boundaries of a region are changed to include, within the region, an area that was not previously within the boundaries of another region, the natural resources in that area must not be used—
(a)
unless the use is expressly allowed by a natural resource permit; or
(b)
until the natural environment plan provides that the natural resources may be used as proposed.
(3)
If the boundaries of a region are changed to include a new area,—
(a)
the regional council must, as soon as practicable (but not later than 2 years after the change to the boundaries), change its natural environment plan to apply it to the new area; and
(b)
on and from the date that those changes are operative, subsections (1) and (2) do not apply to the area.
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 natural environment plan unless otherwise provided for in this Act.
(2)
Despite subsection (1), a person with an interest in land to which a provision in a natural environment plan or proposed natural environment 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 of the Planning Act 2026 in respect of a proposed plan; or
(b)
in a change request made under clause 48 of Schedule 3 of the Planning Act 2026 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 natural environment 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 of the Planning Act 2026 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 natural environment plan or proposed natural environment 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 permit 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 or proposed provision was first notified or otherwise included in the relevant plan or proposed plan; and
(ii)
the provision or proposed 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 given under subsection (4) has effect under this Act as if it were given under clause 46 of Schedule 9 of the Planning Act 2026.
(7)
Subsections (3) to (6) do not limit the powers of the Environment Court under clause 46 of Schedule 9 of the Planning Act 2026 on an appeal made under Schedule 3 of that Act.
(8)
Part 4 of Schedule 3 of the Planning Act 2026 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, 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 natural resource or on any person (other than the person challenging the provision) would not be significant.
Compare: 1991 No 69 s 85
Subpart 2—Coastal matters, water conservation orders, and freshwater farm plans
Coastal matters
129 Coastal matters
Schedule 4 sets out provisions relating to coastal matters and has effect according to its terms.
Water conservation orders
130 Water conservation orders
Schedule 5 sets out provisions relating to water conservation orders and has effect according to its terms.
Freshwater farm plans
131 Freshwater farm plans
Schedule 6 sets out provisions relating to freshwater farm plans and has effect according to its terms.
Part 4 Natural resource permits
132 Application of Planning Act 2026 to this Part
If a provision in this Part applies the Planning Act 2026, the relevant provision of that Act must be read—
(a)
as if a reference to the consent authority were a reference to the permit authority:
(b)
as if a reference to a planning consent were a reference to a natural resource permit:
(c)
as if a reference to a land use plan were a reference to a natural environment plan:
(d)
as if a reference to a national rule were a reference to a national rule under subpart 3 of Part 2 of this Act:
(e)
as if a reference to adverse effects on the built environment were a reference to adverse effects on natural resources or people:
(f)
with all other necessary modifications.
Subpart 1—Types of permit
133 Meaning of natural resource permit
In this Act, a natural resource permit or permit means any of the following:
(a)
(b)
a discharge permit, which is a permit to do something (other than in a coastal marine area) that would otherwise contravene section 24:
(c)
a land use permit, which is a permit to do something (other than in a coastal marine area) that would otherwise contravene section 20 or 22:
(d)
a water permit, which is a permit to do something (other than in a coastal marine area) that would otherwise contravene section 23.
134 Wildlife approvals
(1)
This section applies if an activity requires a natural resource permit and the activity for which the natural resource permit is sought may affect protected wildlife.
(2)
An applicant for a natural resource permit may seek a wildlife approval in accordance with this section and Schedule 3.
(3)
A wildlife approval is a lawful authority, separate from the associated natural resource permit, for acts or omissions that arise from, or are incidental to, the activity for which the natural resource permit is sought and that would otherwise contravene any of the following provisions of the Wildlife Act 1953:
(a)
section 56(1)(a) and (ab) (capturing or liberating wildlife):
(b)
section 63(1) (taking protected wildlife or game):
(c)
section 63A (taking absolutely or partially protected marine wildlife):
(d)
section 65(1)(f) (acting without required authority):
(e)
section 70G(1) (taking protected wildlife or game):
(f)
section 70J(1)(a) or (b) (liberating wildlife):
(g)
section 70P (acting without required authorisation).
(4)
A wildlife approval must not be granted in relation to an activity in or on any of the following:
(a)
public conservation land:
(b)
any area that is a marine reserve as defined in section 2 of the Marine Reserves Act 1971 or is deemed by any Act to be a marine reserve declared under section 4(1) of that Act.
(5)
If an application for a natural resource permit does not indicate whether a wildlife approval is to be sought,—
(a)
the permit authority may, with the applicant’s consent, place the application on hold until the applicant confirms whether they intend to seek a wildlife approval:
(b)
the permit authority may, in the absence of the applicant’s consent, do either or both of the following:
(i)
proceed with the natural resource permit application as if no wildlife approval is sought:
(ii)
specify a reasonable time frame within which the applicant must confirm whether they intend to seek a wildlife approval:
(c)
if the permit authority proceeds as if no wildlife approval is sought, either under paragraph (b)(i) or because the applicant failed to provide confirmation under paragraph (b)(ii), the applicant may not seek a wildlife approval for the same activity or using the same application for a natural resource permit.
(6)
In this section and Schedule 3,—
public conservation land means land that is—
(a)
held, managed, or administered by the Department of Conservation under the Conservation Act 1987 or an enactment listed in Schedule 1 of that Act; and
(b)
owned by the Crown.
(7)
Schedule 3 has effect according to its terms.
Subpart 2—Applying for natural resource permit
General requirements
135 Prior consultation not required
The following applies to an applicant for a natural resource permit and the permit 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
136 Applying for natural resource permit
(1)
A person may apply for a natural resource permit by lodging an application with the permit authority in the manner prescribed in regulations.
(2)
An application must include—
(a)
the information required by Schedule 2; 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 permit 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 permit authority.
(6)
An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry responsible for the administration of the Fisheries Act 1996.
Compare: 1991 No 69 s 88(1), (2), (2AA), (2AB), (2A)
137 Activity classification to remain the same
(1)
This section applies if—
(a)
an application for a natural resource permit has been lodged under section 136; and
(b)
the activity classification of the activity (being controlled, restricted discretionary, or discretionary) is changed after the application was first lodged as a result of—
(i)
a rule in a proposed natural environment plan that is notified; or
(ii)
a decision being made under clause 28 of Schedule 3 of the Planning Act 2026 (as applied by section 102 of this Act); 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 natural environment plan or proposed natural environment plan that exists when the application is considered.
Compare: 1991 No 69 s 88A
138 Joint application for natural resource permit and exchange of recreation reserve land
(1)
A person may make a joint application for a natural resource permit and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the permit 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 natural resource permit 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)
139 Application affecting navigation to be referred to Maritime New Zealand
(1)
This section applies to the following applications:
(a)
an application for a coastal permit to do any of the following in the coastal marine area:
(i)
reclaim land:
(ii)
build a structure:
(iii)
do or maintain works for the improvement, management, protection, or utilisation of a harbour:
(b)
an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:
(c)
an application for a land use permit to use the bed of a navigable lake or river.
(2)
The permit authority must send a copy of the application to Maritime New Zealand.
(3)
Maritime New Zealand must report to the permit 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 permit 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 permit authority may take the failure as an indication that Maritime New Zealand has nothing to report.
(5)
The permit 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
140 Applications to undertake aquaculture activities
(1)
This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area.
(2)
However, this section does not apply to—
(a)
an application for a coastal permit by a person who already holds a coastal permit to occupy the same space in a common marine and coastal area for aquaculture activities, unless a previous aquaculture decision in relation to that area included a condition under section 186H(3) of the Fisheries Act 1996:
(b)
an application for a coastal permit in a part of an aquaculture area in respect of which a determination has been made under section 186JB of the Fisheries Act 1996 by the chief executive of the Ministry responsible for the administration of that Act (the chief executive).
(3)
The permit authority must,—
(a)
unless the application is returned under section 143, forward a copy of the application to the chief executive as soon as is reasonably practicable; and
(b)
forward any information or report obtained in relation to the application under section 148 or 149, or clause 50 of Schedule 3 of the Planning Act 2026, to the chief executive as soon as is reasonably practicable; and
(c)
if the application is notified, provide the chief executive with a copy of the submissions as soon as is reasonably practicable after the closing date for submissions.
Compare: 2023 No 46 s 293
141 Application relating to area where group seeks customary marine title
(1)
If a person applies for a natural resource permit 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 143 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)
142 Application relating to ORE generation infrastructure activities
(1)
If a person applies for a natural resource permit 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 natural resource permit will apply; and
(b)
the applicant must include the details of the feasibility permit or commercial permit in the application.
(2)
A permit authority may, at any time, determine that the application is incomplete if the applicant does not comply with subsection (1).
(3)
In this section, decommissioning and ORE generation infrastructure activities have the meanings given in section 4 of the Offshore Renewable Energy Act 2026.
143 Permit authority may return incomplete application
(1)
A permit 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 136(2).
(2)
If the permit 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 permit authority, that application must be treated as a new application.
Compare: 1991 No 69 s 88(3), (3A), (4)
144 Priority of competing applications
(1)
A permit authority that receives competing applications must determine the applications in the order in which they are lodged.
(2)
Subsection (1) applies unless this Act expressly provides otherwise.
(3)
In this section, competing applications means 2 or more completed applications for permits for the same natural resource use activity where the granting of one application would prevent or limit the granting of another application.
145 Deferral pending application for additional permits
(1)
A permit authority may determine not to proceed with the notification or hearing of an application for a natural resource permit if it considers on reasonable grounds that—
(a)
other permits 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 permits be made before proceeding further.
(2)
The permit 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 natural resource permit under section 152; 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
146 Permit processing time frames
(1)
The maximum processing time frames for applications for natural resource permits—
(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 or excluded time periods prescribed by regulations made under section 322.
(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 136(5); and
(b)
ends on the date that the permit authority notifies the applicant of the decision on the application.
(3)
The processing time frames for natural resource permits are as follows:
| Type of notification | Maximum processing time frame | |
| Non-notified permit without hearing | 45 working days | |
| Non-notified permit with hearing | 50 working days | |
| Targeted notified permit without hearing | 70 working days | |
| Targeted notified permit with hearing | 100 working days | |
| Publicly notified permit without hearing | 90 working days | |
| Publicly notified permit with hearing | 130 working days |
(4)
A permit authority must suspend the processing of an application for a natural resource permit 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.
147 Certain permits must be processed and decided no later than 1 year after lodgement
(1)
The time period within which a permit authority must process and decide an application for a natural resource permit 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 may be granted on the terms specified in section 142(2) to (8) of the Planning Act 2026, and that section applies with all necessary modifications.
(3)
This section applies despite any time frames or excluded time periods that are prescribed in regulations.
Compare: 1991 No 69 s 88BA
Permit authority may require further information or report
148 Request for further information
(1)
A permit authority may request that the applicant provide further information relating to an application for a natural resource permit 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 permit.
(2)
The permit authority may make a request only if it is satisfied that obtaining the information will ensure that the permit authority has sufficient and necessary information to understand the implications of its decision, after considering—
(a)
the cost and feasibility of obtaining the information; and
(b)
the scale and significance of the effects of the activity to which the decision relates.
(3)
A permit authority may request further information from an applicant only once in relation to any 1 application, unless—
(a)
the applicant agrees that the permit 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 permit 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 permit authority that requests further information must do so in the manner prescribed in regulations.
Compare: 1991 No 69 s 92(1)
149 Request for report
(1)
A permit 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 148,—
(a)
at any reasonable time before the hearing of an application for a natural resource permit 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 permit authority commissions the report, and does not refuse, in accordance with the regulations, to agree to the commissioning of the report.
(2)
The permit authority may notify the applicant that it wants to commission a report only if it is satisfied that—
(a)
the activity to which the application relates may, in the authority’s opinion, have significant adverse effects on natural resources or people; and
(b)
obtaining the report will ensure that the permit 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 148.
(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 permit authority; and
(b)
it must be limited to an assessment of the methodology used to reach the conclusion of that information.
(5)
A permit authority that commissions a report under this section must do so in the manner prescribed in regulations.
Compare: 1991 No 69 s 92(2)
150 Response to request for further information or report
An applicant that receives a request for further information under section 148, or notification that the permit authority wants to commission a report under section 149, must respond to the permit authority in the manner prescribed in regulations.
Compare: 1991 No 69 s 92A
151 Consequences of applicant’s failure to respond to requests, etc
(1)
A permit authority may decide that an application for a natural resource permit 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 148 within the time frame prescribed in regulations; or
(ii)
to tell the permit authority in a written notice whether the applicant agrees to the commissioning of a report under section 149 within the time frame prescribed in regulations; or
(iii)
to pay an administrative fee to the permit authority required under section 331 or 332 and specified in a written notice by an agreed date; or
(iv)
to give the permit authority written approval for a proposed activity under section 151(1)(b)(i) of the Planning Act 2026 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 permit authority has notified the applicant of its intention to return the application.
(2)
After deciding that an application is incomplete under this section, the permit 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 permit 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 permit authority.
Compare: 1991 No 69 s 92AA
Subpart 3—Notification, submissions, and hearings
Notification
152 Time limit for public notification or targeted notification
A permit 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 natural resource permit in accordance with sections 153 and 154; and
(b)
notify the applicant, in the manner prescribed in regulations, if it decides to do so.
Compare: 1991 No 69 s 95
153 Mandatory public notification in some circumstances
A permit authority must publicly notify an application for a natural resource permit 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 natural environment plan or a national rule requires public notification in relation to the activity to which the application relates.
154 Notification requirements if section 153 does not apply
(1)
This section applies if an application for a natural resource permit is not required to be publicly notified under section 153.
Certain affected groups and affected persons must be notified
(2)
A permit 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 natural resource permit 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 156.
(3)
The permit authority must notify the application to each affected group and each affected person identified under subsection (2), unless subsection (6) applies.
Notification requirements if affected persons or significant adverse effects
(4)
The permit authority must decide—
(a)
whether there are affected persons, in accordance with section 156; and
(b)
whether all affected persons can be identified in the manner prescribed in regulations.
(5)
If all affected persons can be identified under subsection (4), the permit authority—
(a)
must notify those persons of the application (targeted notification); and
(b)
must not publicly notify the application.
(6)
However, if targeted notification does not occur under subsection (5), a permit authority must publicly notify the application if—
(a)
it decides that the activity will have, or is likely to have, significant adverse effects on natural resources or people in accordance with section 155; and
(b)
either—
(i)
there are no affected persons; or
(ii)
it is not possible, or it is impractical, to identify all affected persons.
(7)
Subsections (4) and (5) do not apply if a natural environment plan, national rule, or water services standard precludes targeted notification in relation to the activity to which the application relates.
(8)
Subsection (6) does not apply if a natural environment 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
155 Whether significant adverse effects on natural resources or people
(1)
This section applies to a permit authority that is deciding, under section 154(6)(a), whether an activity will have, or is likely to have, significant adverse effects on natural resources or people.
(2)
A permit 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 natural environment plan or national rule permits an activity with that effect, subject to subsection (3); 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 natural environment plan or national rule reserves discretion; and
(d)
in the case of a controlled activity, any adverse effect of the activity that does not relate to a matter for which a rule in a natural environment plan or national rule reserves control; and
(e)
trade competition and the effects of trade competition; and
(f)
any effect on a person who has given written approval to the application.
(3)
If the activity is a natural resource use activity, the permit authority may, in its discretion, consider any adverse effect of the activity on natural resources or people regardless of whether a rule in a natural environment plan or national rule permits an activity with that effect.
Compare: 1991 No 69 s 95D
156 Whether person is affected person
(1)
For the purpose of section 154(2)(b)(ii) and (4),—
(a)
a person is an affected person if the permit authority decides that—
(i)
the activity’s adverse effects on the person are more than minor; or
(ii)
the activity’s adverse effects on the persons within a management unit 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 permit authority before the authority has decided whether there are any affected persons; or
(ii)
the permit 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 or the persons within a management unit are more than minor, the permit authority—
(a)
must disregard an adverse effect of the activity on the person or the persons within a management unit if a rule in a natural environment plan or a national rule permits an activity with that effect, subject to subsection (3); and
(b)
if the activity is a restricted discretionary activity, must disregard an adverse effect of the activity on the person or the persons within a management unit if the effect does not relate to a matter for which a rule in a natural environment plan or a national rule has reserved discretion; and
(c)
if the activity is a controlled activity, must disregard an adverse effect of the activity on the person or the persons within a management unit if the effect does not relate to a matter for which a rule in a natural environment plan or a national rule has reserved control; and
(d)
must have regard to every relevant statutory acknowledgement.
(3)
If the activity is a natural resource use activity, the permit authority may, in its discretion, consider any adverse effect of the activity on natural resources or people regardless of whether a rule in a natural environment plan or national rule permits an activity with that effect.
Compare: 1991 No 69 s 95E
157 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 permit authority before the authority has made a determination under section 154(2).
Compare: 1991 No 69 s 95F
158 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 permit authority before the authority has made a determination under section 154(2).
Compare: 1991 No 69 s 95G
Submissions on applications
159 Submissions on applications
(1)
If public notification is given for an application for a natural resource permit, the following persons may make a submission about it to the permit authority in the manner described in section 155 of the Planning Act 2026:
(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 156.
(2)
If targeted notification is given for an application for a natural resource permit a person served with notice of the application may make a submission about it to the permit authority in the manner described in section 155 of the Planning Act 2026.
(3)
In addition to the matters specified in section 155(1) of the Planning Act 2026, a submission must not be made in relation to trade competition or the effects of trade competition.
(4)
A permit authority may strike out a submission, or part of a submission, in accordance with section 156 of the Planning Act 2026.
Compare: 1991 No 69 s 96
Hearings
160 Hearing of natural resource permit application
The following provisions of the Planning Act 2026 apply to an application for a natural resource permit:
(a)
section 157 (consent authority may refer to conference or mediation):
(b)
section 158 (obligation to hold hearing):
(c)
section 159 (decision by commissioner):
(d)
section 160 (combined hearing for 2 or more applications in relation to same proposal).
161 Joint hearing if 2 or more permit or consent authorities
(1)
If applications for natural resource permits in relation to the same proposal have been made to 2 or more permit 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 natural resource permit under this Act and 1 or more applications for a planning consent under the Planning 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 permit authorities and consent 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 permit authority is considering a natural resource permit application and any submissions on the application.
163 Matters that permit authority must disregard
(1)
The permit authority must not have regard to—
(a)
any effect on a person who has given written approval to the application:
(b)
any adverse effect of the activity on natural resources or people if the natural environment plan or a national rule permits an activity with that effect, subject to section 164(3):
(c)
trade competition or the effects of trade competition.
(2)
See also—
(a)
section 164(4), which provides that if a natural resource permit application is for an activity that is a restricted discretionary activity, the permit authority may have regard to a matter only if discretion is reserved in relation to that matter by a natural environment plan, proposed natural environment plan, national rule, or water services standard; and
(b)
section 164(5), which provides that if a natural resource permit application is for an activity that is a controlled activity, the permit authority may have regard to a matter only if discretion is reserved in relation to that matter by a natural environment plan, proposed natural environment plan, national rule, or water services standard; and
(c)
section 14, which applies to a permit authority when considering a natural resource permit application.
(3)
Subsection (1)(a) does not apply if the person withdraws their approval by written notice received by the permit authority before the hearing or, if there is no hearing, before the application is decided.
164 Consideration of natural resource permit application
(1)
The permit 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 natural resources or people 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)
any relevant matter specified in an action plan:
(g)
if the application is affected by section 195(a) (which applies section 191 of the Planning Act 2026), the value of the investment to the existing permit holder:
(h)
if the application is affected by section 195(a) (which applies section 191 of the Planning Act 2026) in relation to long-lived infrastructure, the effects of that infrastructure:
(i)
the matters specified in sections 165 to 172.
(2)
Subsection (1) is subject to subsections (3) to (5).
(3)
If the activity is a natural resource use activity, the permit authority may, in its discretion, consider any adverse effect of the activity on natural resources or people regardless of whether the natural environment plan or a national rule permits an activity with that effect.
(4)
If a natural resource permit application is for an activity that is a restricted discretionary activity, the permit authority may have regard to a matter only if discretion is reserved in relation to that matter by any of the following:
(a)
a natural environment plan or proposed natural environment plan:
(b)
a national rule:
(c)
a water services standard.
(5)
If a natural resource permit application is for an activity that is a controlled activity, the permit authority may have regard to a matter only if control is reserved in relation to that matter by any of the following:
(a)
a natural environment plan or proposed natural environment plan:
(b)
a national rule:
(c)
a water services standard.
165 Matters relevant to activities affecting drinking water supply source water
The permit 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 discharge permit, coastal permit, or reclamation
(1)
If an application is for a discharge permit or coastal permit to do something that would contravene section 24 or 26, the permit authority must have regard to—
(a)
the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
(b)
the applicant’s reasons for the proposed choice; and
(c)
any possible alternative methods of discharge, including discharge into any other receiving environment.
(2)
If an application is for a natural resource permit for a reclamation, the permit authority must consider whether an esplanade reserve or esplanade strip is appropriate and, if so, impose a condition under section 178(1)(i).
(3)
However, subsections (1) and (2) do not apply if an application is for an activity—
(a)
that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard and the application complies with the relevant environmental performance standard; or
(b)
that is regulated by an infrastructure design solution and the application complies with the infrastructure design solution.
Compare: 1991 No 69 s 105
167 Activities in area within scope of planning document prepared by customary marine title group
(1)
If the proposed activity is 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, the permit authority—
(a)
must have regard to any matters relevant to this Act that are set out in the planning document; and
(b)
must, if it is a regional council, continue to have regard to those matters until it has completed its obligations in relation to its regional planning documents under section 93(5) of the Marine and Coastal Area (Takutai Moana) Act 2011.
(2)
If the proposed activity is in an area within the scope of an 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 permit authority—
(a)
must have regard to any matters relevant to this Act that are set out in the environmental covenant and do not relate to a customary marine title area; and
(b)
must recognise and provide for any matters relevant to this Act that are set out in the environmental covenant and relate to a customary marine title area; and
(c)
must, if it is a regional council, continue to comply with paragraphs (a) and (b) until it has completed its obligations in relation to its regional planning documents under section 21 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
168 Matters relevant to application relating to wastewater network
(1)
If the natural resource permit application relates to a wastewater network, as defined in section 5 of the Water Services Act 2021, the permit authority—
(a)
must not grant the permit contrary to—
(i)
a wastewater environmental performance standard; or
(ii)
an infrastructure design solution; and
(b)
must include, as a condition of granting the permit, 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 permit authority from including, as a condition of granting a natural resource permit, 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.
Compare: 1991 No 69 s 104(2D), (2DA)
169 Matters relevant to application relating to stormwater network
(1)
If the natural resource permit application relates to a stormwater network, as defined in section 5 of the Water Services Act 2021, the permit authority—
(a)
must not grant the permit contrary to—
(i)
a stormwater environmental performance standard; or
(ii)
an infrastructure design solution; and
(b)
must include, as a condition of granting the permit, 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 permit authority from including, as a condition of granting a natural resource permit, 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.
Compare: 1991 No 69 s 104(2E), (2EAAA)
170 Applicant’s compliance history
(1)
The permit authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, pecuniary penalties, or convictions under this Act, the Planning 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 permit authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, pecuniary penalties, or convictions under this Act, the Planning 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 permit authority may decline an application for a natural resource permit if the applicant has a record of significant non-compliance with a requirement of this Act, the Planning 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 permit may be refused or granted with conditions if risk from natural hazards
(1)
A permit authority may refuse to grant a land use permit, or may grant a land use permit 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 permit 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 permit for—
(a)
constructing, upgrading, maintaining, or operating infrastructure, except to the extent that national standards provide that this section applies; and
(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.
172 Matters for which permit must not be granted
(1)
A permit authority must not grant a natural resource permit if—
(a)
it is contrary to—
(i)
clause 3 of Schedule 5:
(ii)
any regulations:
(iii)
a wāhi tapu condition included in a customary marine title order or agreement:
(iv)
section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011:
(v)
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:
(c)
granting the permit would result in the breach of an environmental limit, unless the breach is authorised by—
(i)
national standards to which section 87 applies; or
(ii)
a water services standard.
(2)
For the purposes of subsection (1)(c), a breach of an environmental limit—
(a)
means a breach of that environmental limit, if no target date is set for the limit in national standards or a natural environment plan; or
(b)
if a target date is set for the environmental limit, means—
(i)
the breach of any related interim limit that applies before the target date; or
(ii)
the breach of the environmental limit on and from the target date.
Compare: 1991 No 69 s 104(3)
173 Certain activities that breach identified environmental limit
(1)
This section applies to a permit authority if—
(a)
national standards to which section 87 applies authorise an activity that breaches or is likely to breach an environmental limit identified in the national standards; and
(b)
an application for a natural resource permit is lodged for an activity that—
(i)
is not an activity authorised by the national standards; but
(ii)
if carried out in combination with the activity authorised by the national standards, would breach or worsen the breach of the environmental limit identified in the national standards.
(2)
When considering whether to grant the permit and any conditions of the permit, the permit authority—
(a)
must have particular regard to how the breach can be remedied over time; and
(b)
must consider the extent to which the breach or the worsening of the breach is caused by an activity authorised by national standards; and
(c)
is not prevented by section 172(1)(c) from granting the permit.
174 Decision on natural resource permit
(1)
After considering an application for a natural resource permit for an activity that is classified as a restricted discretionary activity or a discretionary activity, a permit authority may grant or refuse to grant a natural resource permit.
(2)
If it grants a natural resource permit, the permit authority may impose conditions on the natural resource permit,—
(a)
for a restricted discretionary activity, only for those matters over which the natural environment plan, proposed natural environment plan, water services standard, or a national rule has reserved discretion:
(b)
for a discretionary activity, under section 178.
(3)
After considering an application for a natural resource permit for an activity that is classified as a controlled activity, a permit authority—
(a)
must grant the permit; and
(b)
may impose conditions on the permit under section 178 only for those matters over which the natural environment plan, proposed natural environment plan, water services standard, or a national rule has reserved control.
(4)
A permit authority may grant a natural resource permit on the basis that the activity is classified as a restricted discretionary activity, a discretionary activity, or a controlled activity regardless of what type of activity the application was expressed to be for.
(5)
A permit authority may refuse to grant a natural resource permit on the ground that it has inadequate information to decide the application.
(6)
In making an assessment on the adequacy of the information, the permit 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 Permit authority may grant application with adaptive management approach
(1)
A permit authority may grant a natural resource permit 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 permit was granted).
(3)
In deciding on the use of an adaptive management approach, the permit 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 permit 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 permit 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 Natural resource permit giving effect to Te Ture Whaimana o Te Awa o Waikato may be contrary to water services standard
(1)
A permit authority may grant a natural resource permit 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 natural environment plan or proposed natural environment 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.
Subpart 5—Conditions and other requirements for decisions
Conditions of natural resource permits
177 General requirements before conditions may be included
(1)
When granting a natural resource permit, the permit 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 permits or conditions are complied with.
(2)
A permit 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 the natural environment 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 natural resource permit.
(3)
A permit authority must not include a condition that is contrary to a water services standard.
(4)
This section does not limit section 171.
(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 natural resource permit is required for the activity.
178 Particular conditions that may be included in natural resource permits
(1)
Without limiting the generality of section 177, a natural resource permit may include any 1 or more of the following conditions:
(a)
a condition specifying the duration of the permit:
(b)
a condition specifying the date that the permit will lapse, subject to section 194 of the Planning Act 2026 (as applied by section 195(d) of this Act):
(c)
a condition requiring a bond to be given (and describing the terms of that bond) in accordance with clauses 3 and 4 of Schedule 8 of the Planning Act 2026 (as applied by section 307 of this Act):
(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)
a condition requiring that a covenant be entered into, in favour of the permit authority, in respect of the performance of any condition of the natural resource permit (being a condition that relates to the use of land to which the permit relates):
(f)
a condition to mitigate any risk that the natural resource permit holder may not comply with the permit, 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 Planning Act 2026, or the Resource Management Act 1991 referred to in section 170:
(g)
a condition requiring the holder of a natural resource permit to supply to the permit authority information relating to the exercise of the natural resource permit:
(h)
in the case of a discharge permit or a coastal permit to do something that would otherwise contravene section 24 (relating to the discharge of contaminants) or section 26, a condition requiring the holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on natural resources or people of the discharge and other discharges (if any) made by the person from the same site or source:
(i)
in the case of a natural resource permit for a reclamation, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 3 of Schedule 7 of the Planning Act 2026:
(j)
in the case of a coastal permit to occupy any part of the common marine and coastal area, a condition—
(i)
detailing the extent of the exclusion of other persons:
(ii)
specifying any coastal occupation charge.
(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 permit holder and the permit authority.
(3)
Without limiting subsection (1)(g), a condition made under that subsection may require the holder of the natural resource permit 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 permit authority at a specified time or times:
(f)
to provide information to the permit authority in a specified manner and, if applicable, in a manner consistent with any regulations:
(g)
to comply with the condition at the permit holder’s expense.
Compare: 1991 No 69 s 108
179 Review of draft conditions of permit
An applicant for a natural resource permit may request that the permit authority provide them with any draft conditions of the permit in accordance with section 179 of the Planning Act 2026, and that section applies with all necessary modifications.
Compare: 1991 No 69 s 107G
180 Permit authority must notify decision
A permit authority must notify, in the manner prescribed in regulations, the following persons of its decision on an application for a natural resource permit:
(a)
the applicant:
(b)
any other persons prescribed in regulations.
181 Additional notification requirements for decisions on aquaculture activities
(1)
This section applies if a permit authority decides to grant a natural resource permit on application to which section 140 applies.
(2)
The permit authority must—
(a)
send a copy of the decision, and any other information that is required by regulations, to the chief executive of the Ministry responsible for administration of the Fisheries Act 1996 (the chief executive):
(b)
advise the applicant that—
(i)
the decision is still subject to an aquaculture decision by the chief executive (which will be made after any appeal against the decision has been decided); and
(ii)
the permit may commence only in accordance with section 188:
(c)
if there is no appeal against the decision, or after the appeal has been decided,—
(i)
send a copy of the final decision to the chief executive; and
(ii)
request an aquaculture decision from the chief executive.
(3)
If a permit authority sends 2 or more decisions to the chief executive under subsection (2)(c) at the same time, the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.
(4)
Subsection (2) does not apply if the decision relates to any of the following:
(a)
an application for a change or cancellation of the conditions of a permit under section 199:
(b)
a review of the conditions of a permit initiated under section 200:
(c)
an application referred to in clause 41 of Schedule 4 if—
(i)
that permit had conditions specified under section 186H(3) of the Fisheries Act 1996; and
(ii)
the conditions are contained in the permit the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive makes a further aquaculture decision.
Compare: 1991 No 69 s 114(4), (5), (6)
Appeals
182 Right to appeal
(1)
Any 1 or more of the following persons may appeal to the Environment Court under section 183 against the whole or any part of a decision of a permit authority on an application for a natural resource permit, on an application for a change of permit conditions, or on a review of permit conditions:
(a)
the applicant or permit holder:
(b)
a person who made a submission on the application or review of permit 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 159(3); 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 of the Planning Act 2026 (which provides for a right of review by the Planning Tribunal), as applied by section 249 of this Act.
Compare: 1991 No 69 s 120
183 Procedure for appeal
(1)
Notice of an appeal under section 182 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 permit 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 182(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 permits, commencement, duration, and review
184 Permits not real or personal property
(1)
A natural resource permit is neither real nor personal property.
(2)
Unless the conditions of a permit expressly state otherwise,—
(a)
on the death of the permit holder, the permit vests in the personal representative of the holder as if the permit were personal property, and the personal representative may deal with the permit to the same extent as the holder would have been able to do; and
(b)
on the bankruptcy of an individual who is the permit holder, the permit vests in the Official Assignee as if it were personal property, and the Official Assignee may deal with the permit to the same extent as the holder would have been able to do; and
(c)
a permit must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988.
(3)
The permit holder may grant a security interest over the permit as if it were personal property, but the permit 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 natural resource permit—
(a)
as if the permit were goods within the meaning of that Act; and
(b)
as if the permit were situated in the district in which the activity permitted by the permit 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).
(5)
A coastal permit—
(a)
is not an authority for the holder to occupy a coastal marine area to the exclusion of all or any class of persons; and
(b)
does not confer on the holder the same rights in relation to the use and occupation of the area against those persons as if they were a tenant or licensee of the land.
(6)
A coastal permit is not an authority for the holder to remove sand, shingle, shell, or other natural material as if it were a licence or profit à prendre.
(7)
However, subsections (5) and (6) do not apply—
(a)
to the extent that the coastal permit expressly provides otherwise; and
(b)
to the extent that is reasonably necessary to achieve the purpose of the coastal permit.
Compare: 1991 No 69 s 122
185 Natural resource permit prevails over certain water services standards
(1)
A natural resource permit 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 permit authority reviews the conditions of the natural resource permit under section 200(1)(f); and
(b)
the review results in either or both of the standards listed in subsection (1) prevailing over the natural resource permit.
Compare: 1991 No 69 s 122A
Commencement
186 Commencement of natural resource permit
(1)
A natural resource permit that has been granted commences in the same manner as is set out in the following sections of the Planning Act 2026:
(a)
section 185 (commencement of consent):
(b)
section 186 (commencement of consent if no submissions, etc):
(c)
section 187 (commencement of consent if request for review lodged).
(2)
However, this section is subject to sections 187 and 188.
187 Commencement of permit where customary marine title order or agreement in effect
If a natural resource permit is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies.
188 When coastal permit for certain aquaculture activities may commence
(1)
A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section unless it is a coastal permit that does not require an aquaculture decision under the Fisheries Act 1996 (in which case section 186(1)(a) applies).
(2)
If the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 (the chief executive) makes a determination in relation to the permit, and has notified the permit authority of that decision in accordance with section 186H of the Fisheries Act 1996, the permit authority must, as soon as is reasonably practicable,—
(a)
amend the permit, if necessary, to note any conditions specified under section 186H(3) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive makes a further aquaculture decision; and
(b)
notify the applicant that the permit commences in respect of the area that is the subject of the determination on the date of notification under this paragraph or, if the permit specifies a later commencement date, on that date.
(3)
If the chief executive makes a reservation in relation to recreational fishing, customary fishing, or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the permit authority of that decision in accordance with section 186H of the Fisheries Act 1996, the permit authority must, as soon as is reasonably practicable,—
(a)
amend the permit to remove the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
(4)
If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the permit authority of that decision in accordance with section 186H of the Fisheries Act 1996, the permit authority must, as soon as is reasonably practicable,—
(a)
amend the permit to show the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
notify the applicant that the permit will not commence in the area affected by the reservation, unless—
(i)
an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
(ii)
a compensation declaration has been registered under section 186ZHA of the Fisheries Act 1996.
(5)
If subsection (4) applies and the chief executive has notified the permit authority that an aquaculture agreement or 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, as soon as reasonably practicable,—
(a)
amend the permit so that it no longer shows the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.
(6)
If subsection (5) applies, then for the purposes of section 195(d), the entire permit, as amended, is to be treated as having commenced on the commencement date notified under subsection (5)(c), unless the permit states a later date.
(7)
If subsection (4) applies and the chief executive has notified the permit authority under section 186ZK of the Fisheries Act 1996 that no aquaculture agreement or compensation declaration has been registered, the permit authority must, as soon as is reasonably practicable,—
(a)
amend the permit to remove the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
(8)
If the chief executive makes a reservation to which subsection (3) applies for the entire permit area, the permit authority must cancel the permit by written notice served on the applicant.
(9)
Subsections (3) and (7) apply even if the permit was granted under section 174.
Compare: 2023 No 46 s 324
189 Commencement if subject to grant of application to exchange recreation reserve land
If a natural resource permit is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977,—
(a)
the permit authority must notify the applicant when the procedures in sections 15 and 15AA of that Act are complete; and
(b)
the natural resource permit 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 natural resource permit
(1)
The period for which a natural resource permit is granted is—
(a)
a period specified in the permit not exceeding 35 years after the date of the commencement of the permit; or
(b)
5 years after the date of the commencement of the permit if no period is specified.
(2)
However, subsection (1) is subject to sections 191 to 194.
(3)
This section and sections 191 to 194 are subject to section 195(d) (which provides for when a permit lapses).
191 Duration of coastal permit for reclamation or land use permit
The period for which any of the following natural resource permits is granted is unlimited, unless otherwise specified in the consent:
(a)
a coastal permit for a reclamation:
(b)
a land use permit.
192 Duration of permit for activity meeting requirements of water services standard
The period for which any of the following natural resource permits is granted is 35 years after the date of commencement of the permit:
(a)
a natural resource permit for an activity that meets the requirements of a wastewater environmental performance standard or a stormwater environmental performance standard:
(b)
a natural resource permit for a wastewater treatment plant that meets the requirements of an infrastructure design solution.
193 Duration of permit for renewable energy and long-lived infrastructure
(1)
A natural resource permit authorising a renewable energy activity or a long-lived infrastructure activity must specify the period for which it is granted.
(2)
The period specified under subsection (1) must be not less than 35 years after the date of commencement of the permit unless—
(a)
the applicant requests a shorter period; or
(b)
a national standard expressly allows a shorter period; or
(c)
the permit authority decides to specify a shorter period after considering a request from a relevant group for a shorter period for the purpose of managing any adverse effects on natural resources or people.
(3)
In making a decision under subsection (2)(c), the permit authority must consider—
(a)
the need to provide for adequate management of any adverse effects on natural resources or people; and
(b)
the benefits of providing certainty of long-term permit duration.
(4)
The specified period must be not more than—
(a)
50 years after the date of commencement of the permit, in the case of a permit that authorises long-lived infrastructure that would otherwise contravene section 21 or 22:
(b)
35 years after the date of commencement of the permit, in the case of any other permit that authorises a renewable energy activity or long-lived infrastructure activity.
(5)
In this section, relevant group means a group who may be or is required to be involved in processes under this Act that relate to planning documents or natural resource permits by virtue of any Treaty settlement, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or the Marine and Coastal Area (Takutai Moana) Act 2011.
Compare: 1991 No 69 s 123B
194 Duration of permit for aquaculture activities
(1)
A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted.
(2)
The period specified under subsection (1) must be not less than 20 years after the date of commencement of the permit under section 188 unless—
(a)
the applicant has requested a shorter period; or
(b)
a shorter period is required to ensure that adverse effects on natural resources or people are adequately managed; or
(c)
a framework rule expressly allows a shorter period.
(3)
The specified period must be not more than 35 years after the date of commencement of the permit under section 188.
Compare: 2023 No 46 s 327
195 Provisions of Planning Act 2026 that apply to duration
The following provisions of the Planning Act 2026 apply to the duration of a natural resource permit:
(a)
section 191 (exercise of consent while applying for new consent):
(b)
section 192 (applicant may lodge new application that complies with water services standard):
(c)
section 193 (environmental performance standard does not apply if applicant proceeds with unamended application):
(d)
section 194 (lapsing of consent):
(e)
section 195 (cancellation of consent):
(f)
section 196 (cancellation of consent for ORE generation infrastructure activities if permit expires, etc).
Natural resource use activity applications by existing permit holder or other
196 When sections 197 and 198 apply and when they do not apply
(1)
In this section and sections 197 and 198, existing permit application means an application affected by section 191 of the Planning Act 2026 (as applied by section 195(a)).
(2)
Sections 197 and 198 apply to an existing permit application if, when the application is made, the relevant plan has not allocated any of the natural resources used for the activity.
(3)
Sections 197 and 198 also apply to an existing permit application as follows:
(a)
they apply if, when the application is made,—
(i)
the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
(ii)
the relevant plan does not expressly say that sections 196 to 198 do not apply; and
(b)
they apply to the extent to which the amount of the natural resource sought by a person described in section 197(1)(a) and (b) is equal to or smaller than the amount of the resource that—
(i)
is allocated to the same type of activity; and
(ii)
is left after the deduction of every amount allocated to every other existing natural resource permit.
(4)
Sections 197 and 198 do not apply to an existing permit application if, when the application is made, the relevant plan expressly says that sections 196 to 198 do not apply.
Compare: 1991 No 69 s 124A
197 Application by existing permit holder
(1)
This section applies when—
(a)
a person holds an existing natural resource permit to undertake an activity under any of sections 21, 22, 23, and 24 using a natural resource; and
(b)
the person makes an existing permit application; and
(c)
the permit authority receives 1 or more other applications for a natural resource permit that—
(i)
are to undertake an activity using some or all of the natural resource to which the existing permit relates; and
(ii)
could not be fully exercised until the expiry of the existing permit.
(2)
The application described in subsection (1)(b) is entitled to priority over every application described in subsection (1)(c).
(3)
The permit authority must determine the application described in subsection (1)(b) before it determines any application described in subsection (1)(c).
Compare: 1991 No 69 s 124B
198 Applications by person who is not existing permit holder
(1)
This section applies when—
(a)
a person makes an application for a natural resource permit to undertake an activity under any of sections 21, 22, 23, and 24 using a natural resource; and
(b)
the person does not hold an existing permit for the same activity using some or all of the same natural resource; and
(c)
a permit granted as a result of the application could not be fully exercised until the expiry of the permit described in section 197(1)(a); and
(d)
the person makes the application more than 3 months before the expiry of the permit described in section 197(1)(a).
(2)
The permit authority must—
(a)
hold the application without processing it; and
(b)
notify the holder of the existing permit—
(i)
that the application has been received; and
(ii)
that the holder may make an existing permit application.
(3)
If the holder of the existing permit notifies the permit authority in writing that the holder does not propose to make an existing permit application, the permit authority must process and determine the application described in subsection (1)(a).
(4)
If the holder of the existing permit does not make an existing permit application more than 3 months before the expiry of the permit, the permit authority must process and determine the application described in subsection (1)(a).
(5)
If the holder of the existing permit makes an existing permit application more than 3 months before the expiry of the permit, the permit authority must hold the application described in subsection (1)(a) until the determination of the holder’s application and any appeal.
(6)
If the result of the determination of the holder’s application and any appeal is that the holder’s existing permit application is granted, the application described in subsection (1)(a) lapses to the extent to which the use of the resource has been granted to the holder.
Change or cancellation of permit condition on application by permit holder
199 Change or cancellation of permit condition on application by permit holder
(1)
A permit holder may apply to a permit authority for a change or cancellation of a condition of the permit.
(2)
However, no permit holder may apply for a change or cancellation of a condition that relates to the duration of the permit.
(3)
Subparts 1 to 5 of this Part apply, with all necessary modifications, as if—
(a)
the application were an application for a natural resource permit for a discretionary activity; and
(b)
the references to a natural resource permit 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.
(4)
If the natural resource permit is a coastal permit authorising aquaculture activities in the coastal marine area, an aquaculture decision is not required if the application—
(a)
proposes to change or cancel a condition of the permit; but
(b)
does not propose to change or cancel a condition specified under section 186H(3) of the Fisheries Act 1996.
(5)
Subsection (3)(a) does not apply if—
(a)
the application relates to an aquaculture activity; and
(b)
a national rule—
(i)
applies to applications of that kind; and
(ii)
states that an application by a permit holder to change or cancel permit conditions must be treated as an application for a natural resource permit for a controlled activity or a restricted discretionary activity.
(6)
For the purposes of determining who is adversely affected by the change or cancellation, the permit 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 permit conditions by permit authority
200 Circumstances when permit conditions can be reviewed
(1)
A permit authority may serve notice on a permit holder of its intention to review the conditions of a natural resource permit—
(a)
at any time or times specified in the permit for any of the following purposes:
(i)
to deal with any adverse effect on natural resources or people that may arise from the exercise of the permit and that is appropriate to deal with at a later stage; or
(ii)
to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 24 or 26 to adopt the best practicable option to remove or reduce any adverse effect on natural resources or people; or
(iii)
for any other purpose specified in the permit; or
(b)
if the permit authority determines that the permit holder has contravened a condition of the permit; or
(c)
when relevant national standards have been made; or
(d)
in relation to a relevant national rule; or
(e)
if—
(i)
a natural environment plan contains a rule that relates to maximum or minimum flows, levels, and volumes, or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water; and
(ii)
the rule has been made operative; and
(iii)
the regional council considers that it is appropriate to review the conditions of the permit in order to enable the levels, flows, rates, or standards set by the rule to be met; or
(f)
in the case of a natural resource permit 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
(g)
if the information made available to the permit authority by the applicant for the permit 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 permit are such that it is necessary to apply more appropriate conditions; or
(h)
if the review is part of a review carried out under subsection (3).
(2)
A permit authority must serve notice on a permit holder of its intention to review the conditions of a natural resource permit if required by an order made by the Environment Court under section 295(6)(b) of the Planning Act 2026.
(3)
If more than 1 natural resource permit is affected by the rule referred to in subsection (1)(e)(i), the permit authority may review the conditions of those permits together for the purpose of managing the effects of the activities carried out under those permits.
(4)
A regional council must notify the chief executive of the Ministry responsible for administration of the Fisheries Act 1996 as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(3) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of that Ministry makes a further aquaculture decision.
(5)
Clause 64 of Schedule 4 applies to any notice of review under subsection (1) of the conditions of a coastal permit that is extended under section 165ZFHC of the Resource Management Act 1991.
Compare: 1991 No 69 s 128
201 Notice of review
(1)
A notice of intent to review the conditions of a permit under section 200—
(a)
must advise the permit holder of the conditions of the permit that are the subject of the review; and
(b)
must state the reasons for the review; and
(c)
must specify the information that the permit authority took into account in making its decision to review the permit, unless the notice is given under section 200(1)(a) or (2); and
(d)
must advise a permit 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 permit holder to propose within 20 working days after service of the notice, new permit conditions.
(2)
If notification of the review is required under section 202, 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 permit holder is invited to propose new conditions); or
(b)
10 working days after the service of the notice (if the permit holder is not invited to propose new conditions).
Compare: 1991 No 69 s 129
202 Public notification, submissions, and hearing, etc
(1)
Sections 152 to 158 apply, with all necessary modifications, as if—
(a)
the review of permit conditions were an application for a natural resource permit for a discretionary activity; and
(b)
the references to a natural resource permit 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 159 and 160 apply, with all necessary modifications, in respect of a review of the conditions of a natural resource permit as if—
(a)
the notice of review under section 201 were an application for a natural resource permit; and
(b)
the permit holder were the applicant for the natural resource permit.
(3)
If a plan states that a rule will affect the exercise of existing natural resource permits that are subject to review under section 200(1)(e)(i), a permit authority—
(a)
is not required to comply with sections 152 to 158; but
(b)
must hear submissions only from the permit holder if the permit holder requests (within 20 working days after service of the notice under section 201) to be heard.
(4)
When reviewing the conditions of a natural resource permit under section 200(1)(c), the permit authority must serve on the Minister notice of the review, and the Minister may—
(a)
make a submission to the permit authority; and
(b)
request to be heard.
Compare: 1991 No 69 s 130
203 Matters to be considered in review
(1)
When reviewing the conditions of a natural resource permit, the permit authority—
(a)
must have regard to the matters specified in subpart 4 and to whether the activity allowed by the permit will continue to be viable after the change; and
(b)
in the case of a review under section 200(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 permit has been used.
(2)
Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 24 or 26 to include a condition requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on natural resources or people, the permit authority must—
(a)
be satisfied that including that condition is the most efficient and effective means of removing or reducing that adverse effect in the particular circumstances; and
(b)
have regard to—
(i)
the nature of the discharge and the receiving environment; and
(ii)
the financial implications for the applicant of including that condition; and
(iii)
other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment.
Compare: 1991 No 69 s 131
204 Decisions on review of permit conditions
(1)
A permit authority may change the conditions of a natural resource permit (other than a condition specifying the duration of the permit) on a review under section 200 if 1 or more of the circumstances specified in that section apply.
(2)
If a permit authority decides to conduct a review and, as a result of the review, intends to change a condition of a coastal permit and it is required by section 200(4) to give notice of the intended review to the responsible chief executive, it must give notice of its decision in the prescribed manner.
(3)
Subparts 4 and 5 apply, with all necessary modifications, to a review under section 200 as if—
(a)
the review were an application for a natural resource permit; and
(b)
the permit holder were an applicant for a natural resource permit.
(4)
A permit authority may cancel a natural resource permit if—
(a)
it reviews the permit under section 200(1)(g); and
(b)
there are significant adverse effects on natural resources or people resulting from the use of the permit.
(5)
A permit authority may also cancel a natural resource permit if—
(a)
it reviews the permit under section 200(2); and
(b)
there are significant adverse effects on natural resources or people resulting from the use of the permit.
Compare: 1991 No 69 s 132
205 Powers under Part 6 not affected
Sections 199 to 204 do not limit the power of the Environment Court to change or cancel a natural resource permit by an enforcement order under Part 6.
Compare: 1991 No 69 s 133
206 Minor corrections of natural resource permits
A permit authority that grants a natural resource permit may, within 20 working days after the grant, issue an amended permit that corrects minor mistakes or defects in the permit.
Compare: 1991 No 69 s 133A
Transfer and surrender
207 Land use permits attach to land
(1)
A land use permit attaches to the land to which the permit relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the permit expressly provides otherwise.
(2)
Subsection (1) does not apply to any land use permit to do something that would otherwise contravene section 22.
(3)
The holder of a land use permit described in subsection (2) may transfer the whole or any part of the holder’s interest in the permit to any other person unless the permit expressly provides otherwise.
(4)
The transfer of the holder’s interest in a permit described in subsection (2) has no effect until written notice of the transfer is given to the permit authority that granted the permit.
Compare: 1991 No 69 s 134
208 Transferability of coastal permits
(1)
Unless the permit or a plan rule expressly provides otherwise, a holder of a coastal permit—
(a)
may transfer the whole or any part of the holder’s interest in the permit to any other person:
(b)
may not transfer the whole or any part of the holder’s interest in the permit to another site.
(2)
The transfer of the holder’s interest in a coastal permit has no effect until written notice of the transfer is given to the permit authority that granted the permit.
Compare: 1991 No 69 s 135
209 Transferability of water permits
(1)
A holder of a water permit granted for damming or diverting water may transfer the whole of the holder’s interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site.
(2)
A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder’s interest in the permit—
(a)
to any owner or occupier of the site in respect of which the permit is granted; or
(b)
to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field and the transfer—
(i)
is expressly allowed by a plan; or
(ii)
has been approved by the permit authority that granted the permit on an application for transfer under subsection (5).
(3)
A transfer under subsection (1) or (2) may be for a limited period.
(4)
A transfer under any of subsections (1) and (2)(a) and (b)(i) has no effect until written notice of the transfer is received by the permit authority that granted the permit.
(5)
An application for transfer under subsection (2)(b)(ii)—
(a)
must be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and
(b)
must be considered in accordance with subparts 1 to 5 of this Part as if—
(i)
the application for a transfer were an application for a natural resource permit; and
(ii)
the permit holder were an applicant for a natural resource permit.
(6)
When considering an application for transfer under subsection (2)(b)(ii), the permit authority must, in addition to the matters set out in subpart 4, have regard to the effects of the proposed transfer, including the effect of ceasing or changing the exercise of the permit under its current conditions, and the effects of allowing the transfer.
(7)
If the transfer of the whole or part of the holder’s interest in a water permit is notified under subsection (4), or approved by the permit authority under subsection (2)(b)(ii), and is not for a limited period, the original permit, or that part of the permit transferred, is deemed to be cancelled and the interest or part transferred is deemed to be a new permit—
(a)
on the same conditions as the original permit (if subsection (4) applies); or
(b)
on such conditions as the permit authority determines under subsection (5) (if that subsection applies).
Compare: 1991 No 69 s 136
210 Transferability of discharge permits
(1)
The holder of a discharge permit may—
(a)
transfer the whole or part of the holder’s interest in the permit; and
(b)
make the transfer for the whole or part of the remaining period of the permit.
(2)
The holder may make the transfer if it—
(a)
is for the site for which the permit is granted; and
(b)
is to—
(i)
another owner or occupier of the site for which the permit is granted; or
(ii)
a local authority.
(3)
The holder may make the transfer if it is for another site and is to any person if the transfer—
(a)
is expressly allowed by a plan; or
(b)
has been approved by the permit authority that granted the permit on an application for transfer under subsection (5).
(4)
A plan may allow a transfer, or a permit authority may allow a transfer on application by the permit holder, if—
(a)
the transfer does not worsen the actual or potential effect of any discharges on natural resources or people; and
(b)
the transfer does not result in any discharges that contravene a national rule; and
(c)
the discharge is to water, both sites are in the same catchment; and
(d)
the discharge is to air and a national rule applies to a discharge to air, both sites are in the same airshed as defined in the rule; and
(e)
the discharge is to air and paragraph (d) does not apply, both sites are in the same region.
(5)
An application under subsection (3)(b)—
(a)
must be in the prescribed form (if any); and
(b)
must be lodged jointly by the holder and the person to whom it is proposed to transfer the interest in the permit; and
(c)
must be considered under subparts 1 to 5 of this Part as if—
(i)
the application for a transfer were an application for a natural resource permit; and
(ii)
the holder were an applicant for a natural resource permit.
(6)
The transfer has no effect until the permit authority that granted the permit receives written notice of it.
(7)
When a planning authority receives written notice of a transfer that is made for all of the remaining period of the permit,—
(a)
the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
(b)
the interest, or the part of the interest transferred, is a new permit with the same conditions as the original permit.
Compare: 1991 No 69 s 137
211 Surrender of permit
(1)
The permit holder may surrender the permit, either in whole or in part, by giving written notice to the permit authority.
(2)
A permit authority may refuse to accept the surrender of part of a natural resource permit if it considers that the surrender of that part would—
(a)
affect the integrity of the permit; or
(b)
affect the ability of the permit holder to meet other conditions of the permit; or
(c)
lead to an adverse effect on natural resources or people.
(3)
A person who surrenders a natural resource permit remains liable under this Act—
(a)
for any breach of conditions of the permit that occurred before the surrender of the permit; and
(b)
to complete any work to give effect to the permit unless the permit authority directs otherwise in its notice of acceptance of the surrender.
(4)
A surrender of a natural resource permit takes effect on receipt by the permit holder of a notice of acceptance of the surrender from the permit authority.
Compare: 1991 No 69 s 138
212 Special provisions relating to coastal permits for dumping and incineration
(1)
When considering an application for a coastal permit to do something that would otherwise contravene section 25(1), a permit authority, in having regard to the actual and potential effects on natural resources or people of allowing the activity, must have regard to—
(a)
the nature of any discharge of any contaminant that the dumping or incineration may involve, the sensitivity of the receiving environment to adverse effects, and the applicant’s reasons for making the proposed choice; and
(b)
any possible alternative methods of disposal or combustion, including any involving discharge into any other receiving environment.
(2)
The permit authority may require the applicant to give further information to explain any matter referred to in subsection (1)(a) and (b). The requirement must be in writing and may be made at a reasonable time before the hearing (or, if there is no hearing, the determination) of the application.
(3)
The permit authority may include a condition requiring the permit holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on natural resources or people of any discharge of any contaminant that may occur in the exercise of the permit (best practicable option condition).
(4)
A permit authority may, at any time, in accordance with section 201, serve notice on the permit holder of its intention to review the conditions of the permit for the purpose of including the best practicable option condition.
(5)
Before deciding to include the best practicable option condition (when granting the permit or as a result of a review under subsection (4)), the permit authority must—
(a)
have regard to—
(i)
the nature of any discharge of a contaminant and the receiving environment; and
(ii)
the financial implications for the permit holder of including that condition; and
(iii)
other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment; and
(b)
be satisfied, in the particular circumstances, that including the condition is the most efficient and effective means of removing or reducing any adverse effect.
(6)
It is a condition of the permit that the permit holder must—
(a)
comply with any requirements in regulations to keep records of specified information; and
(b)
provide the relevant local authority each year with information specified in those regulations.
(7)
Sections 201 to 206 apply, subject to subsection (5), to a review of a permit under subsection (4). The powers of a permit authority under subsection (4) are in addition to its powers under section 200.
(8)
Processes relating to activities that do not require natural resource permit
213 Permit 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 natural environment plan, or a proposed natural environment plan; and
(b)
any adverse effects of the activity on natural resources or people 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 permit authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity.
(2)
A permit authority may give a notice under subsection (1)(d)—
(a)
after receiving an application for a natural resource permit 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 permit authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c) and the information relied on by the permit authority in making that decision.
(4)
If a person has submitted an application for a natural resource permit 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
214 Certificate of compliance where activity does not require permit
(1)
A person may apply to the permit authority for a certificate of compliance in relation to an activity that can be done lawfully in a particular location without a natural resource permit in accordance with section 208 of the Planning Act 2026, and that section applies with all necessary modifications.
(2)
A certificate treated as a natural resource permit is subject to section 28(2).
(3)
A certificate treated as a natural resource permit is subject to this Act as if it were a natural resource permit, except that the only sections in this Part that apply to it are sections 182 to 184, 195(d), and 207 to 210.
(4)
In this section, activity includes a particular proposal.
Compare: 1991 No 69 s 139
215 Existing use certificates
(1)
A person may request the permit authority to issue a certificate that—
(a)
describes an activity to which section 28 applies; and
(b)
states that the activity was an activity allowed by section 28 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 28.
(2)
Section 209(3) to (8) and (10) of the Planning Act 2026 apply to the request for, and issue of, a certificate under subsections (1) and (2).
(3)
An existing use certificate is treated as an appropriate natural resource permit, and it is subject to this Act as if it were a natural resource permit, except that the only sections in this Part that apply to it are sections 182 to 184.
Compare: 1991 No 69 s 139A
216 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 39).
(2)
The person must, in writing,—
(a)
notify the relevant permit 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 permit 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 permit authority determines that the permitted activity rule will be met, the permit 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.
Further provisions relating to reclamation
217 Further provisions relating to reclamation
Part 5 of Schedule 7 of the Planning Act 2026 applies in relation to a natural resource permit for a reclamation.
Part 5 Key roles
Subpart 1—Functions and powers of central and local government
218 Functions of Minister
The Minister has the following functions under this Act:
(a)
recommending the making of a national instrument under section 96:
(b)
(c)
monitoring the exercise and performance, by local authorities and any other person, of the functions, powers, and duties under this Act and the Planning 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 natural environment or natural resource 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
219 Minister of Conservation has certain powers of regional council
(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 regional council would have under this Act if those islands were within the region of that regional council.
(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)
220 Functions of the Minister responsible for aquaculture
The Minister responsible for aquaculture has the following functions under this Act:
(a)
recommending the making of regulations under section 325 that amend plans in relation to aquaculture activities in the coastal marine area and establish rules for the allocation of authorisations for aquaculture activities:
(b)
offering authorisations for coastal permits for the occupation of space in the common marine and coastal area under clause 8 of Schedule 4:
(c)
accepting offers for authorisations for activities in the common marine and coastal area under clause 23 of Schedule 4:
(d)
(e)
directing a permit authority to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under clause 34 of Schedule 4.
Ministerial intervention
221 Minister has certain powers in Planning Act 2026
(1)
In addition to the powers set out in this subpart, the Minister may exercise the powers set out in sections 237, 238, 241, and 244 of the Planning Act 2026 as if they applied in relation to this Act and with all necessary modifications.
(2)
The exercise of the powers under subsection (1) is subject to any applicable requirements set out in section 243 of the Planning Act 2026.
222 Minister may direct preparation of plan, plan change, or variation
(1)
The Minister—
(a)
may direct a regional council—
(i)
to prepare a natural environment plan that addresses an issue relating to a duty set out in section 228; or
(ii)
to prepare a change to its natural environment plan that addresses the issue; or
(iii)
to prepare a variation to its proposed natural environment plan that addresses the issue; and
(b)
may direct the council, in preparing the plan, plan change, or variation, to deal with the whole or a specified part of the council’s region; and
(c)
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 regional council under section 237(1)(a) or (c) of the Planning Act 2026 in relation to the issue; and
(b)
the Minister has made recommendations to the regional council under section 237(1)(b) or (d) of the Planning Act 2026 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 regional council is not exercising or performing the relevant functions, powers, or duties under this Act.
(4)
In subsection (3), reasonable evidence means—
(a)
the regional council has published 1 or more of the following that 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)
evidence of the regional council’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 regional council’s exercise or performance of its functions, powers, or duties.
Compare: 1991 No 69 s 25A
223 Minister may direct compliance with national instrument
(1)
If a national instrument requires a regional council to prepare a document other than a plan, and the council has not prepared the document as required, the Minister—
(a)
may direct the council 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 regional council to—
(i)
prepare a plan change or variation to address any non-compliance with a national instrument; and
(ii)
use the planning process under Schedule 3 of the Planning Act 2026 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 regional council under section 237(1)(c) of the Planning Act 2026 in relation to the non-compliance with the national instrument; and
(b)
the Minister has made recommendations to the regional council under section 237(1)(d) of the Planning Act 2026 in relation to that non-compliance.
224 Ministers may direct commencement of review
(1)
The Minister may direct a regional council to commence a review of the whole or any part of its natural environment plan and, if the Minister does so, must specify a reasonable time frame within which the review must commence.
(2)
For the purposes of subsection (1), section 119(2) to (4) applies to the review with all necessary modifications.
Compare: 1991 No 69 s 25B
225 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 274.
Ministerial delegations
226 Delegation of functions by Ministers to chief executive
(1)
A Minister of the Crown may, either 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 of the Planning Act 2026:
(b)
recommending the making of a national instrument under section 96:
(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:
(f)
making decisions on setting human health limits:
(g)
(h)
this power of delegation.
(2)
Compare: 1991 No 69 s 29
227 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.
Subpart 2—Functions, powers, and duties of regional councils
228 Duties of regional councils
(1)
A regional council must enable and regulate the use, protection, and enhancement of the natural environment within its region.
(2)
In undertaking its duties under subsection (1), a regional council must regulate and manage the following matters:
(a)
the quality and quantity of water and geothermal resources:
(b)
the discharge of contaminants to land, air, or water:
(c)
indigenous biodiversity:
(d)
the coastal marine area, including coastal occupation:
(e)
natural hazard risks as they relate to natural resources:
(f)
soil conservation:
(g)
the bed of any water body:
(h)
the use of land if required for regulating the use of, and effects on, natural resources:
(i)
the allocation of natural resources.
(3)
In this section, soil conservation means—
(a)
avoiding, mitigating, or remedying soil erosion:
(b)
maintaining the physical, chemical, and biological qualities of soil.
229 Functions of regional councils
(1)
A regional council has the following functions:
(a)
making and reviewing a natural environment plan for its region:
(b)
administering and implementing its natural environment plan:
(c)
monitoring the implementation of this Act within its region:
(d)
acting as a permit authority for its region:
(e)
monitoring and enforcing compliance with this Act:
(f)
monitoring, within its region,—
(i)
the state of the natural environment; and
(ii)
the effects on human health caused by the discharge of contaminants:
(g)
setting environmental limits for its region:
(h)
jointly with other local authorities, making and maintaining a regional spatial plan for the region:
(i)
regulating and managing effects on natural resources and people:
(j)
any other functions or duties specified in this Act or in the Planning Act 2026.
(2)
Despite section 228, 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.
Compare: 1991 No 69 s 30(1)(c)–(f), (g), (2), and (3)
230 Allocation of natural resources
A regional council is responsible for allocating any of the following, as it considers appropriate:
(a)
the taking, diverting, or use of freshwater, geothermal water, or coastal water:
(b)
the taking or use of heat or energy from water:
(c)
the taking or use of heat or energy from the material surrounding geothermal water:
(d)
the capacity of air or water to assimilate the discharge of a contaminant:
(e)
the damming of water:
(f)
the occupation of space in the common marine and coastal area:
(g)
the extraction of natural materials such as sand, shell, and shingle from—
(i)
the beds of lakes and rivers that are land of the Crown; and
(ii)
the common marine and coastal area.
231 Monitoring and information gathering
(1)
A regional council must—
(a)
carry out its monitoring functions in its region; 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)
In particular, a regional council must—
(a)
monitor the state of the natural environment, and the effects on human health caused by the discharge of contaminants, in relation to the whole or any part of its region; and
(b)
monitor the implementation of water conservation orders within its region; and
(c)
identify contaminated land and land associated with hazardous activity or industry within its region; and
(d)
keep a record that is available to the public in relation to the matters specified in paragraph (c).
(3)
A regional council must gather the information that it needs to exercise or perform its functions, powers, and duties under this Act.
(4)
A regional council 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.
(5)
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.
232 Duty to keep records about iwi and hapū
(1)
A regional council must, for the purposes of this Act, keep and maintain for each iwi and hapū within its region, a record of—
(a)
the contact details for each iwi authority within the region and for groups representing hapū within the region; and
(b)
the planning documents recognised by each iwi authority and lodged with the regional council; and
(c)
any area in the region where 1 or more iwi or hapū exercise kaitiakitanga; and
(d)
any iwi participation agreement applying in the region.
(2)
The Crown must maintain and provide to each regional council information (including updated information) on—
(a)
the iwi authorities within the region of that regional council 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 region 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 regional council—
(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 region—
(i)
about 1 or more iwi, obtained directly from the relevant iwi authority; 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 regional council 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 regional council may use the information kept and maintained under this section only—
(a)
for the purposes of this Act or the Planning 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 acknowledgements
233 Obligations relating to statutory acknowledgements
A regional council 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 region is not impeded.
234 Provision of relevant information to post-settlement governance entity
(1)
This section applies if—
(a)
a permit authority is or was required by legislation to provide relevant information relating to a natural resource permit 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 permit authority must provide the post-settlement governance entity with a summary of the natural resource permit application if the application is received by the permit authority.
(3)
The summary must be the same as would be given to an affected person by targeted notification under section 154 or as may be agreed between the post-settlement governance entity and the permit authority.
(4)
A permit authority must provide the post-settlement governance entity with the summary—
(a)
as soon as is reasonably practicable after the permit authority receives the natural resource permit application; and
(b)
before the permit authority decides under section 152 whether to notify the application.
(5)
The post-settlement governance entity may, by written notice to the permit 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 permit authority to decide,—
(a)
under section 152, whether to notify an application:
(b)
under section 156, whether the post-settlement governance entity is an affected person in relation to an activity.
Compare: 1991 No 69 s 42AA
Subpart 3—Transfer and delegation of powers
Transfer of functions, powers, and duties
235 Meaning of public authority
In this subpart, 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.
236 Transfer of powers
(1)
A regional council may transfer any of its functions, powers, or duties under this Act to another public authority in accordance with this section.
(2)
A regional council 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.
(5)
To avoid doubt, the transfer of a power that relates to functions that are not provided for by or under this Act or the Planning Act 2026 will cease to have legal effect on and after the commencement of this Act and the Planning Act 2026.
Compare: 1991 No 69 s 33(1), (2), (6)–(9)
Delegation of functions, powers, and duties
237 Delegation of functions, etc
(1)
A regional council may delegate any of its functions, powers, or duties to a committee of the council established under the Local Government Act 2002.
(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, natural environment plan, or plan change.
(3)
A delegation may be—
(a)
made on the terms and conditions that the regional council thinks fit; and
(b)
revoked at any time by notice to the delegate.
Compare: 1991 No 69 s 34(1), (3A), (3B), (7)
238 Presumptions applying to delegations
(1)
A person to whom a function, power, or duty has been delegated under section 237 may exercise or perform the function, power, or duty in the same way and to the same effect as the regional council 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 237 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 237 does not affect the performance or exercise of any function, power, or duty by the regional council.
Compare: 1991 No 69 s 34(8)–(10)
239 Delegation to employees and others
(1)
A regional council may delegate to an employee or a hearings commissioner appointed by the regional council any function, power, or duty under this Act except—
(a)
the power to approve a regional spatial plan, natural environment plan, or plan change under Schedule 2 or 3 of the Planning Act 2026; or
(b)
this power of delegation.
(2)
A regional council 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 natural resource permit.
(3)
Subsection (1) does not prevent a regional council delegating to any person the power to do anything referred to in that subsection before a final decision has been made on those actions.
Compare: 1991 No 69 s 34A(1), (2), (5)
Joint management agreements
240 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 is 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 241, 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.
241 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
242 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.
243 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 Planning 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.
244 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 Planning 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 Planning 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 Planning 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.
245 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.
246 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 4—System performance, Environment Court, and Planning Tribunal
247 System performance
Subpart 3 of Part 5 of the Planning Act 2026 applies in relation to the performance of the system under this Act with all necessary modifications.
248 Provisions applying to Environment Court
Schedule 9 of the Planning Act 2026 applies in relation to the Environment Court and its proceedings.
249 Provisions applying to Planning Tribunal
Schedule 10 of the Planning Act 2026 applies in relation to the Planning Tribunal, its establishment, and its proceedings.
Part 6 Enforcement and other matters
Subpart 1—Enforcement
Proceedings under this subpart
250 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 261 (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 267 or 268 (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 286 (which relates to offences) and section 299 (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 251 to 254 (which relate to the Court making declarations) and sections 315 to 317 (which enable emergency works) apply to the exercise of a protected customary right.
Compare: 2023 No 46 s 636
Declarations
251 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 natural environment plan,—
(i)
contrary to section 106(2)(a), does not, or is not likely to, implement a provision of a national instrument or the regional spatial plan; or
(ii)
contrary to section 106(2)(c), is, or is likely to be, inconsistent with a water conservation order or a determination or reservation of the chief executive of the Ministry for Primary Industries made under section 186E of the Fisheries Act 1996; 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 natural resource permit; or
(d)
whether or not an act or omission, or a proposed act or omission,—
(i)
is a permitted activity, controlled activity, restricted discretionary activity, discretionary activity, or prohibited activity; or
(ii)
breaches section 28; or
(e)
the point at which the landward boundary of the coastal marine area crosses any river; 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 152 to 158 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.
Compare: 1991 No 69 s 310
252 Application for declaration
(1)
Subject to subsections (2) and (3), any person may at any time apply to the Environment Court in the prescribed form for a declaration.
(2)
No person (other than the permit authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a permit holder or any other person is contravening any condition of a natural resource permit or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the permit or rule relates.
(3)
No person (other than a local authority, permit authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 251(1)(e).
Compare: 1991 No 69 s 311
253 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
254 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 and 52 of Schedule 9 of the Planning Act 2026 who wishes to be heard, the court may—
(a)
make the declaration sought by an application under section 252, 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
255 Scope of enforcement order
(1)
An enforcement order is an order made under section 260 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, a natural resource permit, or a wildlife approval; 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 natural resources or people:
(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, any regulations, a rule in a plan, a rule in a proposed plan, a natural resource permit, or a wildlife approval; or
(ii)
avoid, remedy, or mitigate any actual or likely adverse effect on natural resources or people 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 natural resources or people 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 natural resource permit; 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 natural resources or people relating to any land of which the person is the owner or occupier:
(e)
change or cancel a natural resource permit if, in the opinion of the court, the information made available to the permit authority by the applicant contained inaccuracies relevant to the enforcement order sought that materially influenced the decision to grant the permit:
(f)
revoke a natural resource permit (in whole or in part) or suspend a natural resource permit (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 permit 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 permit 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 any 1 or more of the requirements of Part 1 or 2 of Schedule 3 of the Planning Act 2026 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)
make an adverse publicity order, a monetary benefit order, or a pecuniary penalty order (see clauses 21, 30, and 31 of Schedule 8 of the Planning Act 2026).
(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 natural resources or people, and the costs of any actions required to avoid, remedy, or mitigate the adverse effect.
(3)
Except as provided in section 260(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 331 or 332, 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 any or all of sections 20 to 27 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 natural resources and people 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 natural resource permit, and any natural resource permits associated with that permit that enable the same activity, in whole or in part, with effect on a specified date; or
(b)
suspend the natural resource permit, and any natural resource permits associated with that permit 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
256 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 286.
Compare: 1991 No 69 s 315
257 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 255(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 permit authority, or the EPA for an enforcement order of the kind specified in section 255(1)(d); and
(b)
a local authority or permit authority for an enforcement order of the kind specified in section 255(1)(e); and
(c)
a local authority, a permit authority, or the EPA for an enforcement order of the kind specified in section 255(1)(f); and
(d)
a local authority or the EPA for an enforcement order of the kind specified in section 255(1)(h).
(3)
An application for an enforcement order under section 255(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 255(3) or (4).
(5)
No person (other than the permit authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce any condition of a natural resource permit or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the permit or rule relates.
Compare: 1991 No 69 s 316
258 Notification of application
(1)
Except as provided in section 261 (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
259 Right to be heard
Except as provided in section 261 (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
260 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 255; 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 natural resource permit under section 255(1)(f).
(3)
Except as provided in subsection (4), the Environment Court must not make an enforcement order under section 255(1)(a)(ii), (b)(ii), or (c)(iv) 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 natural environment plan; or
(iv)
a designation; or
(v)
a natural resource permit; 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, natural environment plan, or designation, or granted the natural resource permit, 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 natural resource permit that has been changed or cancelled under section 255(1)(e).
Compare: 1991 No 69 s 319
261 Interim enforcement order
(1)
Except as provided in this section, the provisions of sections 255 to 260 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 255(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 258; 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 natural resources or people; 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 257 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 262.
Compare: 1991 No 69 s 320
262 Change or cancellation of enforcement order
(1)
Without limiting section 261(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 258 to 260 (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 natural resource permit on the grounds set out in section 255(1)(f).
Compare: 1991 No 69 s 321
Abatement notices
263 Relevant authority defined
In sections 264 to 269, relevant authority means whichever of the following authorises an enforcement officer to issue an abatement notice:
(a)
the local authority:
(b)
the EPA.
264 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 national rule, a regulation, a rule in a plan or a proposed plan, a natural resource permit, or a wildlife approval; 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 natural resources or people:
(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, a natural resource permit, or a wildlife approval; or
(ii)
to avoid, remedy, or mitigate any actual or likely adverse effect on natural resources or people—
(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 the person to take or refrain from taking any specified action so as to comply with a covenant entered into under a condition of a natural resource permit.
(2)
If any person is under a duty not to contravene a rule in a proposed plan under section 20, 21(4), 23(3), or 24(3), 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.
(5)
The power to make an abatement notice under this section is not limited by section 17.
265 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)
This section is subject to the rights of appeal in section 267.
266 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 267; and
(g)
the name and address of the relevant authority.
267 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 321; 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 268 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 natural resource permit; 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 natural resource permit, 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.
268 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 264(1)(a)(ii) and the person against whom the notice is served is complying with this Act, regulations, any national rule, a rule in a plan, or a natural resource permit; or
(b)
a stay is granted by an Environment Judge under subsection (6).
(2)
Any person who appeals under section 267(1) 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 natural resources and people 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 natural resources and people; 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
269 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 267(2) against the whole or any part of the abatement notice.
Restrictions relating to enforcement orders and abatement notices
270 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 255(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 (other than the Minister, the Director of Maritime New Zealand, a local authority, a permit authority, or the EPA) may apply to the Environment Court for an enforcement order to require any person to comply with or cease contravening section 26.
(3)
No person may apply for an enforcement order under section 255(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.
(4)
In subsection (3), CLC ship and pollution damage have the meanings given in section 342 of the Maritime Transport Act 1994.
Water shortage direction
271 Water shortage direction
(1)
If a regional council considers that at any time there is a serious temporary shortage of water in its region or any part of its region, the regional council may issue a direction for either or both of the following:
(a)
that the taking, use, damming, or diversion of water is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction:
(b)
that the discharge of any contaminant into water is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction.
(2)
A direction may relate to any specified water, to water in any specified area, or to water in any specified water body.
(3)
A direction must not last for more than 14 days but may be amended, revoked, or renewed by the regional council by a subsequent direction.
(4)
A direction comes into force on its issue and continues in force until it expires or is revoked.
(5)
A direction may be issued by any means the regional council thinks appropriate, but notice of the particulars of the direction must be given to all persons required to apportion, restrict, or suspend—
(a)
the taking, use, damming, or diversion of water as far as they can be ascertained, as soon as practicable after the direction is issued; or
(b)
the discharge of any contaminant into water as far as it can be ascertained, as soon as practicable after the direction is issued.
(6)
For the purpose of this section, notice may be given to a person by serving it on the person or by publishing the notice in 1 or more daily newspapers circulating in the area where the person takes, uses, dams, or diverts the water, or discharges a contaminant into water.
Enforcement officers
272 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, the Ministry for Primary Industries, the Department of Conservation, or Maritime New Zealand.
(2)
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.
(3)
The local authority or Minister must supply every 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.
(4)
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.
(5)
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 or Minister, as the case may be.
Enforcement functions of EPA
273 Terms used in this section and sections 274 to 280
(1)
In this section and sections 274 to 280,—
enforcement action means,—
(a)
subject to section 274(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 natural resource permit; 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 257; or
(c)
an application for an interim enforcement order; or
(d)
the service of an abatement notice under section 264; or
(e)
the filing of a charging document relating to an offence described in section 286; or
(f)
the issuing of an infringement notice under section 301; or
(g)
a monetary benefit order made under clause 30 of Schedule 8 of the Planning Act 2026; or
(h)
an enforceable undertaking; or
(i)
an application for a pecuniary penalty order; 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 274
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 natural resource permit; or
(b)
a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice
interim enforcement order means an order imposed under section 261
pecuniary penalty means a penalty imposed under clause 31 of Schedule 8 of the Planning Act 2026
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 252.
(3)
In this section and sections 274 to 280, 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 penalty order is applied for, the enforceable undertaking is accepted, or the infringement notice is issued.
274 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 (f) of the definition of enforcement action in section 273(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.
275 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 273; 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.
276 EPA may change enforcement functions
(1)
The EPA may change its enforcement function in relation to an incident to another function described in section 274 if the EPA considers that the circumstances require it.
(2)
If the EPA decides to change to an intervention function described in section 274(c), it must include its reasons for the change in the notice required under section 275(1)(a).
277 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.
278 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.
279 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.
280 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
281 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 or a provision of this Act, a national rule, a regulation, a rule in a plan, or a natural resource permit.
(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
Powers of entry and search
282 Power of entry for inspection
(1)
An enforcement officer authorised under section 272 or 277 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, or a rule in a plan, a natural resource permit, or a wildlife approval is being complied with; or
(b)
an enforcement order, interim enforcement order, abatement notice, enforceable undertaking, or water shortage direction is being complied with; or
(c)
a person is contravening a rule in a proposed plan in a manner prohibited by any of sections 20, 21(4), 23(1), and 24(4).
(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 must 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.
283 Power of entry for survey
(1)
An enforcement officer authorised under section 272 or 277 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 282(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.
284 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 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.
285 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 284 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
286 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 20, 21, 22, 23, and 24 (which impose duties and restrictions in relation to land use, the coastal marine area, the beds of rivers and lakes, water, and discharges of contaminants):
(b)
any enforcement order:
(c)
any abatement notice:
(d)
any monetary benefit order made under clause 30 of Schedule 8 of the Planning Act 2026:
(e)
any water shortage direction under section 271:
(f)
clause 26 of Schedule 8 of the Planning Act 2026 (which imposes a duty to comply with an enforceable undertaking):
(g)
any adverse publicity order made by a court under clause 21 of Schedule 8 of the Planning Act 2026:
(h)
any requirement or duty in regulations made under section 318 (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, section 25 or 27 (which impose restrictions in relation to waste or other matter).
(3)
If any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 26, the following persons each commit an offence:
(a)
if the discharge is from a ship, the master and the owner of the ship:
(b)
if the discharge is from an offshore installation, the owner of the installation.
(4)
A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
(a)
section 281, which relates to failure to provide certain information to an enforcement officer:
(b)
(c)
any order (other than an order referred to in subsection (1)) made by the Environment Court.
(5)
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 or clause 67 of Schedule 9 of the Planning Act 2026 in relation to a proceeding or matter under this Act.
Limitation periods
287 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
288 Penalties
(1)
A person who commits an offence against section 286(1), (2), or (3) 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 286(1), (2), or (3) 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 any other case, 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 286(4) 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 286(5) 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 286, 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 255:
(b)
an order requiring a permit authority to serve notice, under section 200, of the review of a natural resource permit held by the person, but only if the offence involves an act or omission that contravenes the permit.
(7)
A court discharging an offender without conviction under section 106 of the Sentencing Act 2002 may make an enforcement order under section 260 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.
289 Protection against imprisonment for dumping and discharge offences involving foreign ships
(1)
An order of imprisonment must not be made against a person for any offence of contravening or permitting a contravention of section 25 or 26 involving a foreign ship unless the court is satisfied that—
(a)
either—
(i)
the person intended to commit the offence; or
(ii)
the offence occurred as a consequence of a reckless act or omission by that person with the knowledge that the act or omission would, or would be likely to, cause a significant or irreversible adverse effect on the coastal marine area; and
(b)
the commission of the offence has had, or is likely to have, a significant or irreversible adverse effect on the coastal marine area.
(2)
In this section, foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994.
290 Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
(1)
The court may order that the amount of an unpaid fine be levied by distress and sale of a ship and its equipment if—
(a)
the master or owner of the ship is convicted of an offence against section 286 in respect of any contravention of section 25, 26, or 27; and
(b)
any fine or other monetary penalty imposed by a court under section 288 or clause 30 or 31 of Schedule 8 of the Planning Act 2026, in respect of that offence is not paid on time.
(2)
Without limiting subsection (1), subsection (3) applies if a master or an owner of a ship—
(a)
is convicted of an offence against section 286 in respect of any contravention of section 25, 26, or 27; and
(b)
fails to pay the full amount of any fine or other monetary penalty imposed by the court under section 288 or clause 30 or 31 of Schedule 8 of the Planning Act 2026.
(3)
The agent of the ship is civilly liable to pay to the Crown or, if the proceedings in relation to the offence were commenced by or on behalf of a local authority, to that local authority, any amount of that fine or monetary penalty that remains unpaid and the Crown or that local authority may recover that amount from that agent as a debt.
(4)
For the purpose of subsection (2), any proceedings in relation to the offence that were commenced by or on behalf of a local authority include any proceedings in which the EPA was assisting the local authority (see section 274(b)).
(5)
An agent of a ship who, under this section, pays the whole or part of any fine or other monetary penalty imposed on the master or owner of the ship is entitled—
(a)
to recover the amount paid from that master or owner as a debt; or
(b)
to deduct that amount out of, or from, any money that is or becomes payable by that agent to that master or owner.
(6)
An amount paid by the agent under this section is deemed to be a disbursement made on account of the ship for the purposes of section 4(1)(p) of the Admiralty Act 1973.
(7)
The District Court has jurisdiction to hear and determine proceedings for the recovery, in accordance with this section, of any money from any agent or master or owner of a ship, whatever the amount of money involved.
(8)
This section applies despite any legislation or rule of law to the contrary.
291 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.
292 Strict liability and defences
(1)
In any prosecution for an offence set out in section 286(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 natural resources or people; 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).
293 Liability and defences in relation to dumping and incineration of waste or other matter in coastal marine area
(1)
In any prosecution for an offence set out in section 286(2), it is not necessary to prove that the defendant intended to commit the offence.
(2)
It is a defence to prosecution for an offence of contravening or permitting a contravention of section 286(2) if the defendant proves that the act or omission that is alleged to constitute the offence—
(a)
was necessary—
(i)
to save or prevent danger to human life; or
(ii)
to avert a serious threat to any ship, aircraft, or offshore installation; or
(iii)
in the case of force majeure caused by stress of weather, to secure the safety of any ship, aircraft, or offshore installation; and
(b)
was a reasonable step to take in all the circumstances; and
(c)
was likely to result in less damage than would otherwise have occurred; and
(d)
was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised.
Compare: 1991 No 69 s 341A
294 Liability and defences for discharging harmful substances
(1)
In any prosecution for an offence against section 286(3) (which relates to the discharge of harmful substances, contaminants, or water, in breach of section 26), it is not necessary to prove that the defendant intended to commit the offence.
(2)
It is a defence to prosecution for an offence against section 286(3) if the defendant proves that—
(a)
the harmful substance, contaminant, or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life, and that the discharge was a reasonable step to effect that purpose; or
(b)
the harmful substance, contaminant, or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment and—
(i)
such damage occurred without the negligence or deliberate act of the defendant; and
(ii)
as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance, contaminant, or water or, if any such escape could not be prevented, to minimise any escape.
295 Burden of proving defences
Despite anything to the contrary in the Criminal Procedure Act 2011, the burden of proving that a defence in section 293 or 294 applies lies on the defendant.
Compare: 2023 No 46 s 705
296 Fines to be paid to local authority or EPA instituting prosecution
(1)
If a person is convicted of an offence under section 286 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 the local authority or the EPA 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).
Insurance against fines unlawful
297 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
298 Interpretation
In sections 299 to 305,—
infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 321 as the infringement fee for the offence
infringement offence means an offence specified as such in regulations made under section 321.
299 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 301.
(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.
300 Who may issue infringement notices
An enforcement officer may issue infringement notices under this Act.
301 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.
302 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 299(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
303 What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 321 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 in regulations made under section 321.
304 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.
305 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.
306 Reminder notices and proceedings
If an infringement notice has been issued under section 301,—
(a)
a reminder notice must be in the form prescribed in regulations made under section 321 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.
307 Further provisions relating to enforcement in Schedule 8 of Planning Act 2026
Schedule 8 of the Planning Act 2026 applies for the purposes of this Act. That schedule sets out provisions relating to—
(a)
financial assurances:
(b)
adverse publicity orders:
(c)
enforceable undertakings:
(d)
monetary benefit orders:
(e)
pecuniary penalty orders.
Proceedings against the Crown
308 Proceedings against the Crown
(1)
An abatement notice 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 against it; and
(b)
making an enforcement order against it; and
(c)
serving an infringement notice on it; and
(d)
enforcing an abatement notice, 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
(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
309 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
310 Local authority or EPA to publish information about their functions, duties, and powers
The local authority or 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
311 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
Enforcement powers for unlawful reclamation
312 Enforcement powers for unlawful reclamation occurring on or after commencement of this section
(1)
This section applies if, at any time on or after the commencement of this section, land has been unlawfully reclaimed from the coastal marine area or the bed of a lake or river.
(2)
The powers of the regional council and the EPA under this subpart apply to that reclaimed land, as if the land were still part of the coastal marine area or part of the bed of a lake or river (as the case requires).
Compare: 1991 No 69 s 355B(1)
Subpart 2—Emergency works
313 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 20, 21, 22, 23, and 24 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 permit 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 of the Planning Act 2026; or
(d)
a service or system that a lifeline utility operates or provides.
Compare: 1991 No 69 s 330(1), (1A), (4), (5)
314 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 313(1); or
(b)
in the reasonable opinion of a local authority or permit authority, an area for which the local authority or permit authority has jurisdiction under this Act is likely to be affected by any of the conditions described in section 313(1).
(2)
The local authority or permit 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 20, 21, 22, 23, and 24 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 permit 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 permit 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)
315 Natural resource permits for emergency works
(1)
If an activity is undertaken under section 313 or 314, the relevant authority that authorised the activity must notify the appropriate permit authority, within 7 working days, that the activity has been undertaken.
(2)
If the activity, but for section 313 or 314, would contravene section 20, 21, 22, 23, or 24 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 permit authority for any natural resource permits 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 313.
Compare: 1991 No 69 s 330A
316 Emergency works under Civil Defence Emergency Management Act 2002
(1)
Sections 20, 21, 22, 23 and 24 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)
If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must notify the appropriate permit authority, within 7 working days, that the activity has been undertaken.
(3)
If such an activity, but for this section, would contravene section 20, 21, 22, 23, or 24 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 permit authority for any natural resource permits 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 286(1)(a) by acting in accordance with this section.
Compare: 1991 No 69 s 330B
317 Reimbursement or compensation for emergency works
(1)
If the local authority or permit authority takes action under section 314(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 255(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 255(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 314(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
318 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 the 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 natural resource permits:
(d)
limit or exclude rights of appeal (other than judicial review) in relation to decisions on natural resource permits, plan changes, or variations:
(e)
extend the time frames under sections 315 and 316 for lodging retrospective applications for natural resource permits for emergency works:
(f)
extend or shorten natural resource permit processing time frames.
(4)
An activity that is permitted or authorised by regulations made under this section must not, for that reason, be treated as—
(a)
a permitted activity, or an activity that can be lawfully carried out without a natural resource permit, for the purposes of section 28(1)(a)(i) or (2)(a)(i); or
(b)
an activity that is lawfully established for the purposes of section 28(1)(a)(ii) or (2)(a)(ii).
(5)
Regulations made under this section may incorporate material by reference. Section 91 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. | ||||
319 Requirements for making emergency response regulations
(1)
Regulations must not be made under section 318 except on the recommendation of the Minister.
(2)
Before recommending regulations under section 318, 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 318, 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)
320 Annual review of emergency response regulations
The Minister must, within 12 months after any regulations made under section 318 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
321 Regulations
(1)
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(1)
providing for anything this Act says may or must be provided for by regulations:
(2)
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—
(a)
by whom, where, and how the thing must be done:
(b)
by when the thing must be done, including by setting a deadline:
(c)
the form that must be used for doing the thing:
(d)
information or other evidence that must be provided in connection with the thing, including requirements that the information or evidence must comply with:
(e)
requirements for serving notice in connection with the thing:
(3)
prescribing the manner or content of applications, notices, certificates, or any other documentation or information required under this Act, including the service of notices:
(4)
prescribing the form to be used—
(a)
for any application, notice, certificate or other document or information required under this Act:
(b)
for the purposes of any provision in this Act that requires a thing to be in the form prescribed by regulations:
(5)
authorising the chief executive of the Ministry to prescribe any form under paragraph (2)(c) or (4):
(6)
requiring the payment of fees or charges in connection with—
(a)
an application, notice, or request provided for under this Act:
(b)
the performance or exercise of any function, power, or duty under this Act:
(7)
prescribing any of the following in relation to fees or charges required under paragraph (6):
(a)
the fee or charge payable or the methods for calculating fees or charges:
(b)
the persons liable to pay the fees or charges:
(c)
the persons to whom the fees or charges must be paid:
(d)
when the fees or charges must be paid:
(e)
the circumstances in which the fees or charges may be refunded, remitted, or waived (wholly or partly):
(8)
prescribing the amount, the methods for calculating the amount, and the circumstances and manner in which holders of natural resource permits are liable to pay for the following:
(a)
the occupation of the coastal marine area that is within the common marine and coastal area:
(b)
the occupation of the bed of any river or lake that is land of the Crown:
(c)
the extraction of any sand, shingle, shell, and other natural materials from an area described in subparagraph (a) or (b):
(d)
the use of geothermal energy:
(9)
specifying the offences under this Act (including offences prescribed under paragraph (25)) that constitute infringement offences and prescribing infringement fees for those offences—
(a)
not exceeding $2,000, in the case of a natural person:
(b)
not exceeding $4,000, in the case of a person other than a natural person:
(c)
not exceeding $100 per stock unit for each infringement offence prescribed under paragraph (25) that is differentiated on the basis of the number of stock units, to a maximum fee of—
(i)
$2,000 for each infringement offence in the case of a natural person; and
(ii)
$4,000 for each infringement offence in the case of a person other than a natural person:
(10)
requiring the holders of water permits, discharge permits, coastal permits, or land use permits granted for any activity that would otherwise contravene section 22 to keep records for any purpose under this Act, and prescribing the nature of records, information, and returns, and the form, manner, and times in or at which they shall be kept or furnished:
(11)
prescribing the form and content (including conditions) of water permits and discharge permits:
(12)
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:
(13)
prescribing exemptions from any provision of section 24, either absolutely or subject to any prescribed conditions, and either generally or specifically or in relation to particular descriptions of contaminants or to the discharge of contaminants in particular circumstances or from particular sources, or in relation to any area of land, air, or water specified in regulations:
(14)
prescribing standards, methods, and other requirements for the use of data or digital technology in any document, process, or other matter under this Act:
(15)
doing anything that a national rule may do under subpart 3 of Part 2 (for example, classifying activities):
(16)
deeming to be included in any natural environment plan or proposed natural environment plan rules that do any of the following:
(a)
classify activities to which section 25 applies as controlled activities, restricted discretionary activities, discretionary activities, or prohibited activities:
(b)
specify criteria that must be considered when a permit authority is considering an application for a coastal permit to do something that would otherwise contravene section 25, an application to change or cancel a condition of such a coastal permit, or a review of the conditions of such a coastal permit:
(17)
prescribing any substance to be a harmful substance for the purposes of section 3:
(18)
prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 27:
(19)
without limiting paragraph (10), in relation to any coastal permit to do something that otherwise would contravene section 25,—
(a)
requiring the holder of the coastal permit to keep records; and
(b)
requiring the holder of the coastal permit to provide to any specified agency or local authority information in relation to any activity carried out under the coastal permit; and
(c)
prescribing the nature of the records or information and the form, manner, and times in or at which they must be kept or provided:
(20)
in relation to a discharge to which section 26 applies (which regulations may describe by referring to the circumstances, quantities, components, or sources of the discharge),—
(a)
prohibiting or permitting the discharge; or
(b)
controlling the discharge by prescribing conditions or limitations, or by other means; or
(c)
prohibiting or permitting, with or without conditions, the making of a rule; or
(d)
prohibiting or permitting, with or without conditions, the granting of a natural resource permit:
(21)
prescribing any operations of a ship, aircraft, or offshore installation as a normal operation for the purposes of the definition of dumping in section 3:
(22)
providing for discounts on administrative fees imposed under section 331 when local authorities do not meet time limits set under this Act:
(23)
requiring local authorities to provide information gathered under sections 231 and 232 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:
(24)
prescribing measures for the purpose of excluding stock from water bodies, estuaries, coastal lakes and lagoons, and the margins of those water bodies, estuaries, and coastal lakes and lagoons, including regulations that—
(a)
apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):
(b)
apply generally in relation to water bodies, estuaries, coastal lakes and lagoons, and their margins, or to specified kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:
(c)
apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:
(d)
prescribe technical requirements for the purposes of the regulations:
(25)
prescribing infringement offences for the contravention of, or non-compliance with, any regulations made under paragraph (24):
(26)
prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—
(a)
local authorities:
(b)
the holders of natural resource permits:
(c)
other persons:
(27)
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)(12) 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)(15) 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)
The Minister must not recommend the making of regulations under subsection (1)(16), (17), (18), or (19) unless, after having consulted the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that—
(a)
it is necessary or desirable to do so for 1 or more of the following purposes:
(i)
to implement New Zealand’s obligations under any international convention, protocol, or agreement relating to the protection of the marine environment and to which New Zealand is a party:
(ii)
to enable New Zealand to become a party to any international convention, protocol, or agreement relating to the protection of the marine environment:
(iii)
to implement international practices or standards relating to the protection of the marine environment that may, from time to time, be recommended by the International Maritime Organization; or
(b)
it is not inconsistent with any such purpose to do so.
(6)
The Minister may amend any schedule of any regulations made under subsection (1)(17) or (18) by omitting or inserting the names or a description of waste or other matter or harmful substance to make that schedule comply with the provisions of an international convention relating to the pollution of the marine environment.
(7)
Regulations made under subsection (1)(20) may apply generally to rules or natural resource permits, or to rules or natural resource permits made by the permit authorities specified in regulations.
(8)
Regulations made under subsection (1)(24) or (25) may specify—
(a)
that rules inconsistent with those regulations be withdrawn or amended—
(i)
to the extent necessary to remove the inconsistency; and
(ii)
as soon as practicable after the date on which the regulations come into force; but
(iii)
without using any of the processes under Schedule 3 of the Planning Act 2026 for changing a plan or proposed plan; and
(b)
in relation to a rule made before the commencement of the regulations,—
(i)
the extent to which a matter that the regulations apply to continues to have effect; or
(ii)
the period for which a matter that the regulations apply to continues to have effect.
(9)
If regulations specify a matter under subsection (8), the local authorities concerned must publicly notify that the rules have been withdrawn or amended not later than 5 working days after they are withdrawn or amended.
(10)
Regulations may be made under subsection (1)(1) that prescribe infrastructure as long-lived infrastructure for the purposes of paragraph (h) of the definition of long-lived infrastructure in section 3, only on the Minister’s recommendation after being satisfied that the infrastructure—
(a)
has an expected life span of 50 years; and
(b)
is suitable for a permit duration of 35 years; and
(c)
benefits the public.
(11)
Regulations made under subsection (1) may incorporate material by reference. Section 91 applies as if a reference to national standards in that section were a reference to regulations made under subsection (1).
(12)
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):
(c)
an amendment made under subsection (6).
Compare: 1991 No 69 s 360
| Legislation Act 2019 requirements for secondary legislation made under subsection (1) or (6) | ||||
| 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. | ||||
322 Regulations relating to permit-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 applications for—
(a)
a natural resource permit:
(b)
a certificate of compliance:
(c)
an existing use certificate.
(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 146:
(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 146 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.
(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 natural resource permit or to a particular class of natural resource permits.
(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. | ||||
323 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 339.
(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. | ||||
Regulations relating to allocation of use of natural resources
324 Regulations relating to certain review processes
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to prescribe a process by which a regional council may carry out a review of the conditions of a natural resource permit that relates to the allocation of a natural resource use activity.
(2)
If regulations are made under this section, the regulations must provide that the review process may only be used if directed by a national instrument or a provision in a natural environment plan.
(3)
Before recommending the making of regulations under this section, the Minister must comply with section 92 as if the recommendation for regulations were for a proposed national instrument.
(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 amending natural environment plans in relation to aquaculture activities and allocation processes
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister responsible for aquaculture,—
(a)
amend provisions in a natural environment plan that relate to the management of aquaculture activities in the coastal marine area; and
(b)
amend a natural environment plan to establish rules for the allocation of authorisations for aquaculture activities.
(2)
Regulations made under subsection (1) may amend more than 1 natural environment plan at the same time, including natural environment plans that relate to different regions.
(3)
An amendment made under subsection (1)—
(a)
becomes part of the operative natural environment plan as if it had been made under Schedule 3 of the Planning Act 2026 (as applied by section 102 of this Act); and
(b)
must not be inconsistent with, and is subject to, the other provisions of this Act; and
(c)
may be amended—
(i)
under this section; or
(ii)
in accordance with Schedule 3 of the Planning Act 2026 (as applied by section 102 of this Act); or
(iii)
under any other provision of this Act.
(4)
Regulations establishing a process for the allocation of authorisations for aquaculture activities—
(a)
must provide for how allocation offers for those authorisations are to be decided; and
(b)
must specify the authorisations (or class of authorisations) to which the process applies; and
(c)
may specify—
(i)
that the Minister responsible for aquaculture is the decision maker for allocation offers made under the process; and
(ii)
the circumstances in which, and the criteria by which, the Minister must make those decisions; and
(d)
must specify the unit of measurement for a specified aquaculture-related resource or class of resource (for example, based on volume, meterage, or percentage); and
(e)
may provide for any other matter necessary for establishing or giving effect to the process.
(5)
If a regional council makes changes to the natural environment plan or develops a new natural environment plan, the regional council may specify that the Minister responsible for aquaculture is the decision maker for allocation offers made under an allocation process, but only if—
(a)
the natural environment plan has been amended by regulations establishing an allocation process and specifying the matters referred to in subsection (4)(c); and
(b)
either—
(i)
the allocation process proposed in the changes or the new natural environment plan is the same as that made under the regulations; or
(ii)
the Minister responsible for aquaculture agrees to the changes to the natural environment plan or the new natural environment plan before it is notified.
(6)
In this section and sections 326 and 327,—
amend provisions includes—
(a)
omitting provisions (whether other provisions are substituted or not):
(b)
adding provisions
authorisation has the meaning given in clause 1 of Schedule 4
aquaculture-related resource means—
(a)
the occupation of space in a common marine and coastal area for aquaculture activities:
(b)
the capacity of coastal water (including estuaries) to assimilate a discharge of a contaminant from an aquaculture activity:
(c)
any other resource related to aquaculture.
(7)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360A; 2023 No 46 s 793
| 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. | ||||
326 Conditions to be satisfied before regulations made under section 325
Ministerial considerations
(1)
The Minister responsible for aquaculture must not recommend the making of regulations under section 325 unless the Minister—
(a)
has first had regard to the provisions of the natural environment plan that will be affected by the proposed regulations; and
(b)
has carried out consultation on the proposed regulations in accordance with this section; and
(c)
is satisfied that—
(i)
the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government’s policy for aquaculture in the coastal marine area; and
(ii)
the matters to be addressed by the proposed regulations are of regional or national significance; and
(iii)
the proposed regulations do not result in a rule in the natural environment plan that contravenes section 110; and
(iv)
the natural environment plan (as amended by the proposed regulations) meets the requirements in subsection (2); and
(d)
has prepared an evaluation report under clause 10 of Schedule 3 of the Planning Act 2026 for the proposed regulations and had particular regard to that report when deciding whether to recommend the making of the regulations.
(2)
The natural environment plan (as amended by the proposed regulations) must comply with section 106(2) and (3).
(3)
When deciding whether to recommend the making of regulations that directly affect a customary marine title area, the Minister responsible for aquaculture must consider any content in a relevant planning document—
(a)
that has been lodged with the Minister under section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011 or lodged with the regional council under section 86 of that Act; and
(b)
that the Minister considers relevant to their decision.
(4)
When deciding whether to recommend the making of regulations that relate to the allocation of coastal space, the Minister responsible for aquaculture must consider how the proposed regulations affect any preferential rights described in clause 22 of Schedule 4.
Consultation requirements
(5)
The Minister responsible for aquaculture must consult on the proposed regulations with—
(a)
the Minister of Conservation; and
(b)
other Ministers that the Minister responsible for aquaculture considers relevant to the proposed regulations; and
(c)
any customary marine title group in the area covered by the natural environment plan; and
(d)
any applicant group (within the meaning of section 9 of the Marine and Coastal Area (Takutai Moana) Act 2011) in the area covered by the natural environment plan; and
(e)
the public, relevant iwi authorities, and groups that represent hapū within the relevant region.
(6)
When consulting organisations, people, and groups under subsection (5)(c) to (e), the Minister responsible for aquaculture—
(a)
must notify them of the proposed regulations; and
(b)
must establish a process that—
(i)
the Minister responsible for aquaculture considers gives them adequate time and opportunity to comment on the proposed regulations; and
(ii)
requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
(c)
must publicly notify the report and recommendation; and
(d)
is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations.
(7)
A single consultation process may be used if—
(a)
the proposed regulations amend 2 or more natural environment plans at the same time; and
(b)
the requirements of subsections (5) and (6) are met in respect of each natural environment plan.
327 Regional council obligations
(1)
As soon as practicable after regulations are made under section 325, the regional council whose natural environment plan is or will be amended by the regulations must—
(a)
give a public notice that sets out—
(i)
that the regulations have been made; and
(ii)
the date on which the regulations come into force; and
(iii)
a general description of the nature and effect of the regulations; and
(b)
amend the natural environment plan in accordance with the regulations—
(i)
without using the process in Schedule 3 of the Planning Act 2026 (as applied by section 102 of this Act); and
(ii)
by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force.
(2)
To avoid doubt, clause 6 of Schedule 4 of this Act does not apply to any amendments to a natural environment plan that have been made in accordance with regulations made under section 325.
Natural resource levies
328 Regulations relating to natural resource levies
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing a levy for a natural resource use activity.
(2)
The Minister may recommend the making of regulations under this section for the following purposes:
(a)
in relation to the activities specified in section 329(2), to—
(i)
fund the resolution of issues related to over-allocation of a natural resource in a management unit; or
(ii)
provide for efficient use of natural resources:
(b)
to fund the activities listed in section 329(3), to the extent that the costs of those activities are not recovered through other mechanisms.
(3)
Regulations made under this section may—
(a)
identify the natural resource use activity to which the levy applies; and
(b)
set different levy rates for different natural resources and different locations; and
(c)
to the extent that the levy is required to fund the cost of the activities specified in section 329, prescribe—
(i)
the amount of the levy; or
(ii)
the method for calculating the amount; and
(d)
specify who is liable to pay the levy; and
(e)
provide for refunds or 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
(f)
identify any proportion of the levy that may be retained or transferred to persons specified in regulations; and
(g)
specify how any proportion of the levy retained or transferred under paragraph (f) may be used, including any conditions that must be satisfied before the portion of the levy is used; and
(h)
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, regional council, or other agency responsible for enforcing levies; and
(i)
set out reporting obligations of central government and regional councils in relation to levies set under this section; and
(j)
empower or direct 1 or more regional councils to undertake 1 or more of the matters specified in paragraphs (a) to (d) in accordance with prescribed procedures and subject to prescribed conditions.
(4)
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.
(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. | ||||
329 Conditions to be satisfied before regulations made under section 328
(1)
Before recommending the making of regulations under section 328, the Minister must—
(a)
follow the process set out in section 92 (other than section 92(3)(a)(ii) and (iii)(B) and (C)) as if the recommendation for regulations were for a proposed national instrument; and
(b)
comply with subsection (2) or (3) as applicable; and
(c)
for a recommendation for regulations under section 328(2)(b), identify the domain (as defined in section 47) to which the levy applies.
(2)
For regulations recommended under section 328(2)(a), the Minister must ensure that the rates are set so that the levy does not exceed the anticipated costs of any of the following activities that have been included in a natural environment plan and are undertaken for the purposes set out in section 328(2)(a):
(a)
restoring ecosystems:
(b)
reducing the environmental impact of the use of the resource:
(c)
providing solutions (including research and development) to—
(i)
manage increased demand for the resource; and
(ii)
enable more efficient use of the resource; and
(d)
activities that increase the availability of the resource.
(3)
For regulations recommended under section 328(2)(b), the Minister must, after considering information provided by local authorities or relevant central government agencies relating to the costs of the following activities, ensure that the rate does not exceed the costs of those activities:
(a)
system performance monitoring, including associated data collection:
(b)
environmental monitoring and associated data collection:
(c)
development and review of national standards:
(d)
research, including modelling and tool development, to support any of the activities in this subsection:
(e)
enabling the trade and transfer of natural resource permits to be operationalised:
(f)
spatial and regulatory planning in the coastal marine area.
(4)
A regional council that is directed or empowered to set levies under regulations made under section 328(3)(j) must do so in accordance with subsection (2) or (3), as applicable, as if it were the Minister.
(5)
In determining the amount of the levy or a method for calculating the amount under regulations recommended under section 328(2)(b), the Minister or regional council must have regard to the extent that the benefit of the activities is obtained by those persons paying the levy compared to the wider community.
Subpart 4—Miscellaneous
Collection and spending of levy and other money
330 Collection and spending of levy
(1)
This section applies to any money liable to be paid from any levy imposed by regulations made for the purposes set out in section 328(2)(a) and (b).
(2)
Regional councils must collect the money.
(3)
The money collected for the purposes described in section 328(2)(a) may only be used to meet the costs of any 1 or more of the activities listed in section 329(2) and only to benefit the management unit from which it was collected.
(4)
The money collected for the purposes described in section 328(2)(b) may only be used to meet the costs of any 1 or more of the activities listed in section 329(3) and only in the domain (as defined in section 47) of the resource that the levy is charged on.
(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
331 Administrative fees
(1)
A regional council may fix fees payable for all or any of the following:
(a)
fees payable by a requester for a change request under clause 48 or 49 of Schedule 3 of the Planning Act 2026 (as applied by section 102 of this Act) for the regional council carrying out its functions under Part 2 of Schedule 3 of the Planning Act 2026 in relation to that change request (including the preparation of any plan change):
(b)
fees payable by an applicant for a natural resource permit (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 regional council carrying out its functions as permit authority for that application:
(c)
fees payable by an applicant for a natural resource permit who requests under section 159(b)(i) of the Planning Act 2026 (as applied by section 160(c) of this Act) 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 an applicant for a wildlife approval under section 134 for the regional council carrying out its functions as permit authority for that application:
(e)
fees payable by the holder of a natural resource permit for the regional council carrying out its functions as permit authority in reviewing the conditions of that permit if the review of the conditions is carried out—
(i)
at the request of the permit holder; or
(ii)
under section 200(1)(a), (b), (c), or (g); or
(iii)
under section 200(2):
(f)
fees payable by a person seeking an authorisation under Schedule 4 for the regional council carrying out its functions relating to the allocation of authorisations (whether by tender or any other method):
(g)
fees payable by the holder of a natural resource permit (including a holder of a certificate of compliance or an existing use certificate) for either or both of the following:
(i)
the regional council carrying out its compliance and monitoring functions in relation to natural resource permits, certificates of compliance, and existing use certificates:
(ii)
the performance by the regional council of its obligations under section 231 (which relates to monitoring and information gathering):
(h)
fees payable by a person carrying out a permitted activity for the regional council carrying out its monitoring functions in relation to that activity, if national standards empower the regional council to charge for the monitoring:
(i)
fees payable by a person carrying out a permitted activity for the regional council carrying out its monitoring functions relating to the person’s compliance with a rule in a natural environment plan (or a rule in a proposed natural environment 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:
(j)
fees payable by a person who, in the opinion of an enforcement officer, has contravened this Act for the regional council carrying out any function necessary to determine whether the contravention has occurred:
(k)
fees payable by a person who is the subject of an abatement notice or an enforcement order for the regional council carrying out its compliance and monitoring functions relating to the notice or order:
(l)
fees payable by the farm operator of a farm that is required to have a freshwater farm plan for the regional council carrying out its functions under clause 10 of Schedule 6:
(m)
fees payable by persons liable to pay a natural resource levy for the cost of the regional council collecting that levy:
(n)
fees payable by persons requesting information about natural environment plans, proposed natural environment plans, or natural resource permits for the regional council providing that information:
(o)
fees payable by persons requesting documents for the regional council providing those documents:
(p)
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 regional council 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 criteria in section 333(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 regional council conferred on them by section 219 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 regional council conferred on them by section 219 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. | ||||
332 Additional administrative fees
(1)
If a fee fixed under section 331 is, in any particular case, inadequate to enable a regional council to recover its actual and reasonable costs for the matter concerned, the regional council may (after considering the criteria in section 333(2) and (3)) require the person who is liable to pay the fee to also pay an additional fee to the regional council.
(2)
A regional council must, on request by any person liable to pay a fee fixed under section 331, 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)
333 Considerations for fixing administrative fees
(1)
This section sets out the matters that a regional council must have regard to before fixing a fee under section 331 or requiring an additional fee under section 332.
(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 regional council’s actions to which the fee relates is obtained by those persons as distinct from the community of the regional council as a whole; or
(b)
where the need for the regional council’s actions to which the fee relates results from the actions of that person; or
(c)
in the case of a fee relating to the regional council’s monitoring functions under section 231(2)(a) (which relates to monitoring the state of the natural environment and human health in relation to the whole or any part of its region),—
(i)
to the extent that the monitoring relates to the likely effects on the natural environment or human health 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 local authority as a whole.
Compare: 1991 No 69 s 36AAA(1)–(3)
334 Other matters relating to administrative fees
(1)
A regional council 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 331 that would otherwise be payable; or
(b)
an additional fee required under section 332.
(2)
If a fee fixed under section 331 or an additional fee required under section 332 is payable to a regional council, the regional council 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 331(1)(d)(iii) applies (which relates to a review of the conditions of a natural resource permit 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 331.
Compare: 1991 No 69 s 36AAB
335 Discounts on administrative fees
(1)
A regional council 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 331 in circumstances where—
(a)
an application for a natural resource permit or a wildlife approval, or an application to change or cancel the conditions of a natural resource permit or wildlife approval, is not processed within the time frames set out in this Act; and
(b)
responsibility for the failure sits with the regional council.
(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 regional council must provide a discount on an administrative fee imposed under section 331 as follows:
(a)
if the regional council has not adopted a policy for discounts under subsection (1), if regulations made under section 321(1)(22) require the regional council to provide a discount:
(b)
if the regional council has adopted a policy under subsection (1), it must provide a discount under whichever of the policy or regulations under section 321(1)(22) are more generous in the particular case.
Compare: 1991 No 69 s 36AA
Extensions and waivers
336 Power to extend time periods or waive requirements
(1)
A permit authority or a regional council 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 natural environment plan for the time or method of service of documents.
(2)
A permit authority or regional council 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 natural resource permit, an application to change or cancel the condition of a permit, or a review of a permit, whether the extension or waiver will assist the permit 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 permit authority must not extend a time period relating to an application for a natural resource permit, an application to change or cancel a condition of a permit, or a review of a permit, 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 permit authority or regional council 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 natural resource permit may apply to the Planning Tribunal to review a decision of a permit authority to extend a time period on the basis of special circumstances.
337 Matters for which time period must not be extended or waived
A permit authority or regional council must not, under section 336, waive or extend—
(a)
a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996; or
(b)
the time period for processing and deciding an application for a natural resource permit for a wood-processing activity or specified energy activity (see section 147); or
(c)
the time period by which the regional council must publish its decisions on an independent hearings panel’s recommendations on a proposed natural environment plan (see clauses 28(8) and 29 of Schedule 3 of the Planning Act 2026, as applied to this Act by section 102); or
(d)
a time period that applies under clause 9 or 39 of Schedule 1 of the Planning Act 2026, as applied to this Act by Schedule 1 of this Act.
Compare: 1991 No 69 s 37(1A), (1B)
338 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 permit authority or regional council may—
(a)
waive compliance with the requirement; or
(b)
direct that the omission or inaccuracy be rectified on terms that the permit authority or regional council thinks fit.
Compare: 1991 No 69 s 37(2)
Provisions relating to decisions and hearings
339 Meaning of hearings authority
In sections 340 and 341, hearings authority means—
(a)
an independent hearings panel, in relation to—
(i)
a proposed natural environment plan (including a plan change or variation); or
(ii)
a private plan change:
(b)
a permit authority or independent hearings commissioner, in relation to any of the following:
(i)
an application for a natural resource permit or wildlife approval:
(ii)
an application to change or cancel a condition of a natural resource permit or wildlife approval:
(iii)
a review of the conditions of a natural resource permit or wildlife approval:
(c)
a special tribunal in relation to an application for a water conservation order (including an application to amend or revoke a water conservation order).
340 Report to hearings authority
(1)
This section and section 341 apply to the following:
(a)
an independent hearings panel making recommendations on a proposed natural environment plan (including a plan change or variation) or a private plan change:
(b)
a permit authority or independent hearings commissioner making a decision on any of the following:
(i)
an application for a natural resource permit or wildlife approval:
(ii)
an application to change or cancel a condition of a natural resource permit or wildlife approval:
(iii)
a review of the conditions of a natural resource permit or wildlife approval:
(c)
a special tribunal preparing a report on an application for a water conservation order (including an application to amend or revoke a water conservation order).
(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 proposed natural environment 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 natural resource permit, wildlife approval, or water conservation order); or
(d)
the permit holder, the approval holder, or a submitter (in the case of an application to change or cancel a condition of a natural resource permit or wildlife approval, or a review of the conditions of a natural resource permit or wildlife approval).
(3)
The hearings authority may—
(a)
require an officer of the local authority 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, permit holder, or approval holder (as the case requires); and
(b)
every submitter on the matter under consideration.
(7)
The hearings 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
341 Hearing to be held in public and orders protecting sensitive information
(1)
A hearing held under this Act 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 prescribed requirements 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 relevant 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 of the Planning Act 2026—
(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
Rents and royalties
342 Regional councils to pay rents, royalties, and other money received into Crown Bank Account
All rents, royalties, and other sums of money that the holders of land use permits or natural resource permits are, by virtue of any authorisation granted under clause 59 of Schedule 4 or any regulations made under section 321(1)(8), required to pay, are the property of the Crown and every regional council must—
(a)
collect and receive from the holders of the permits in its region all such rents, royalties, and other sums of money on behalf of the Crown; and
(b)
pay that money into a Crown Bank Account in accordance with the Public Finance Act 1989.
Compare: 1991 No 69 s 359
343 Obligation to pay rent and royalties deemed condition of permit
(1)
It is a condition of every natural resource permit authorising the holder to remove any sand, shingle, shell, or other natural material from any land that the holder must, at all times throughout the period of the permit, pay to the relevant regional council, on behalf of the Crown,—
(a)
if the permit was permitted to be granted by virtue of an authorisation granted under clause 59 of Schedule 4, the rents and royalties (if any) specified in the authorisation held by the permit holder; and
(b)
any sum of money required to be paid by any regulation made under section 321(1)(8).
(2)
It is a condition of every water permit granted to do something that would otherwise contravene section 23(3)(c) (relating to the taking or use of geothermal energy) that the holder must at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulation made under section 321(1)(8).
(3)
If an activity specified in subsection (1) or (2) is a permitted activity in a plan, it is a condition of the plan that the person undertaking the activity must, at all times throughout the period during which the activity is undertaken, pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulations made under section 321(1)(8).
Compare: 1991 No 69 s 112
Contaminated land
344 Purpose of contaminated land framework
The purpose of sections 345 and 346 is to provide a framework—
(a)
for the management, under this Act and the Planning Act 2026, of contaminated land; and
(b)
based on the principle that those who produce pollution should bear the costs of managing it to prevent damage to human health and the environment.
Compare: 2023 No 46 s 403
345 Obligations when land contaminated or used for hazardous activity or industry
(1)
A person who owns contaminated land, or land in relation to which a hazardous activity or industrial use has occurred, must—
(a)
notify the regional council of the contamination or the nature and duration of the activity or use; and
(b)
provide the regional council, at its request, with any reports of any environmental investigations undertaken on that land or other information that the person has about the contamination, activity, or use.
(2)
A regional council must use the information provided under subsection (1) to—
(a)
identify contaminated land, and land associated with hazardous activity or industry, in its region in accordance with section 231(2)(c); and
(b)
keep a record that is available to the public in relation to those matters, in accordance with section 231(2)(d).
(3)
The regional council’s record kept under section 231(2)(d) must include any information relating to—
(a)
the nature, extent, and severity of contamination found in contaminated land within its region; and
(b)
the management and remediation of contaminated land within its region.
Compare: 2023 No 46 s 405
346 Polluter may be liable for cost recovery
(1)
A polluter of contaminated land subject to an enforcement order under this Act or the Planning Act 2026 may be required to pay money or reimburse any person for any actual and reasonable costs the person has incurred to avoid, remedy, or mitigate any adverse effect on natural resources or people, or the built environment, resulting from the discharge of a contaminant into the environment.
(2)
In this section, polluter means a person who unlawfully causes or allows a discharge of a contaminant into the environment, whether directly or indirectly, or through neglect or wilful inactivity.
Service of documents
347 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
348 Mode of service of summons on master or owner of ship
(1)
If the master or owner of a ship is a defendant in a prosecution for an offence against section 286 for contravening sections 24, 25, or 26, service on the defendant of a summons or other document is effected for the purposes of the Criminal Procedure Act 2011—
(a)
if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
(b)
if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent’s last known or usual place of residence or the agent’s place of business.
(2)
Subsection (1) applies despite any other enactment.
(3)
However, a District Court Judge, Justice, Community Magistrate, or the Registrar may direct that the summons or other document be served on the defendant in accordance with rules made under the Criminal Procedure Act 2011 if they are satisfied that it would not be impracticable to do so in the particular circumstances.
(4)
Unless the contrary is shown, the time at which service is treated as having been effected on the defendant is,—
(a)
for service effected under subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent’s attention, as the case may be; or
(b)
for service effected under subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post.
Compare: 1991 No 69 s 352A
Existing rights
349 Crown’s existing rights to resources to continue
(1)
The repeal by this Act of any legislation does not affect any right, interest, or title to any land or water acquired, accrued, or 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.
(2)
However, a person may take, use, dam, divert, or discharge into any water in which the Crown has an interest without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations.
(3)
A person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent or a permit must be obtained under—
(a)
this Act; or
(b)
any other legislation; or
(c)
any instrument or order made under legislation.
Compare: 1991 No 69 s 354
350 Rights or interests in freshwater and geothermal resources preserved
(1)
This Act, and legislation made under it, does not—
(a)
create or transfer any proprietary right or interest in freshwater or geothermal resources:
(b)
extinguish or determine any customary right or interest (for example, one founded on, or arising from, aboriginal title or customary law) that may exist in freshwater or geothermal resources.
(2)
This section does not affect—
(a)
any duty, function, or power under this Act:
(b)
the lawfulness or validity of the performance or exercise by any person of a duty, function, or power under this Act.
Compare: 2023 No 46 s 750
Matters may be determined by arbitration
351 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 natural environment plan.
(3)
The Environment Court may grant an order for arbitration on terms that the 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
Defining landward boundary of coastal marine area
352 Defining landward boundary of coastal marine area
(1)
For the purposes of defining the landward boundary of the coastal marine area if the line of mean high-water springs crosses a river, the mouth of a river is—
(a)
the mouth that is agreed and set by the Minister, the regional council, and the territorial authority in the period between consultation on, and notification of, a proposed natural environment plan or plan change; or
(b)
the mouth that is declared by the Environment Court under section 251 on application by the Minister, the regional council, or the territorial authority before the plan or plan change becomes operative.
(2)
The mouth of a river determined under subsection (1) must not be changed, varied, or altered unless the Minister, the regional council, and the territorial authority agree.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provision relating to this Act as enacted
1 Schedule 1 of Planning Act 2026 applies
(1)
Schedule 1 of the Planning Act 2026 applies (which sets out transitional, savings, and related provisions for that Act and this Act).
(2)
See also Schedule 12 of the Planning Act 2026 which sets out amendments to the Resource Management Act 1991 and other legislation.
Schedule 2 Information required in application for natural resource permit
1 Information required in all applications
(1)
An application for a natural resource permit 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 plan or proposed 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 natural resources and people that includes the information required by clause 4.
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, conditions, and permissions for the permitted activity (so that a natural resource permit is not required for that activity under section 35(1)):
(b)
if the application is affected by section 195(a) (which relates to existing natural resource permits), an assessment of the value of the investment of the existing permit holder (for the purposes of section 164(1)(g) or (h)):
(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 (for the purposes of section 167):
(d)
if the activity is to occur in an area within the scope of an 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 matters relevant to this Act that are set out in the environmental covenant, including in relation to customary marine title areas (for the purposes of section 167).
Compare: 1991 No 69 Schedule 4 cl 3
3 Additional information required in application for reclamation
An application for a natural resource permit 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
Assessment of effects
4 Information required in assessment of effects
(1)
Information included in an assessment of effects on natural resources and people under clause 1(3)—
(a)
need only address a matter to the extent that the information is relevant to the provisions of a natural environment plan or proposed 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 natural resources and people must include the following information:
(a)
if it is likely that the activity will result in any significant adverse effect on natural resources or people, a description of any possible alternative locations or methods for undertaking the activity:
(b)
an assessment of the actual or potential effect on natural resources or people of the activity:
(c)
if the activity includes the use of hazardous installations, an assessment of any risks to natural resources or people that are likely to arise from such use:
(d)
a description of how any adverse effects on natural resources or people will be—
(i)
avoided, remedied, or mitigated where practicable:
(ii)
offset or compensated for, where appropriate:
(e)
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:
(f)
a description of how the activity will comply with any relevant environmental limits:
(g)
identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted:
(h)
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:
(i)
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)(g) 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 3 Process for obtaining wildlife approvals under this Act
Contents
Part 1 Applications and process
Subpart 1—Preliminary process
1 Interpretation
In this schedule, unless the context otherwise requires,—
application for a wildlife approval means a wildlife approval sought in an application for a natural resource permit
Department means the Department of Conservation.
2 Permit authority to assess application for wildlife approval alongside permit application
(1)
A permit authority must assess an application for a wildlife approval alongside the application for a natural resource permit.
(2)
A permit authority must assess an application for a wildlife approval in accordance with section 16 and this schedule.
3 Information required for application for wildlife approval
An application for a wildlife approval must do the following:
(a)
state the purpose of the proposed activity:
(b)
identify the actions the applicant wishes to carry out involving protected wildlife and where they will be carried out:
(c)
list the protected wildlife species known or predicted to be in the area and, if possible, the number of wildlife present and the number of wildlife likely to be impacted:
(d)
outline the impacts on threatened, data-deficient, and at-risk wildlife species (as defined in the New Zealand Threat Classification System):
(e)
state how the methods proposed to be used to conduct the actions specified under paragraph (b) will ensure that best practice standards are met:
(f)
describe the methods to be used to safely, efficiently, and humanely catch, hold, or kill the animals and identify relevant animal ethics processes:
(g)
state the location or locations in which the activities will be carried out, including a map (and GPS co-ordinates if available):
(h)
state whether authorisation is sought to temporarily hold or relocate wildlife:
(i)
list all actual and potential wildlife effects (adverse or positive) of the proposed activity, including effects on the target species, other indigenous species, and the ecosystems at the site:
(j)
if adverse effects are identified, state what methods will be used to avoid or mitigate those effects, and any offsetting proposed to address unmitigated adverse effects (including steps taken before the project begins, such as surveying, salvaging, and relocating protected wildlife):
(k)
state whether the applicant or any company director, trustee, partner, or anyone else involved with the application has been convicted of any offence under the Wildlife Act 1953:
(l)
state whether the applicant or any company director, trustee, partner, or anyone else involved with the application has any current criminal charges under the Wildlife Act 1953 pending before a court:
(m)
provide any additional written expert views, advice, or opinions the applicant has obtained concerning their application.
4 Permit authority may request advice from Department
(1)
A permit authority may request the Department to provide advice on a matter relating to an application for a wildlife approval, including a matter relating to information provided by the applicant in the application or under section 148.
(2)
The Department is under no obligation to provide advice under this clause.
Subpart 2—Application of this Act generally
5 This Act applies only if provisions expressly say so
The provisions of this Act do not apply to an application for a wildlife approval, or a wildlife approval, except as otherwise expressly provided in this schedule or elsewhere in this Act.
6 Commencement of wildlife approval
A wildlife approval that has been granted commences in the same manner as is set out for a planning consent in the following sections of the Planning Act 2026:
(a)
section 185 (commencement):
(b)
section 186 (commencement if no submissions, etc):
(c)
section 187 (commencement if request for review lodged).
7 Duration of wildlife approval
(1)
The period for which a wildlife approval is granted is—
(a)
a period specified in the approval not exceeding 35 years after the date of the commencement of the approval; or
(b)
5 years after the date of the commencement of the approval if no period is specified.
(2)
This clause is subject to clause 15 (which provides for surrender of an approval).
8 Provisions of Planning Act 2026 that apply to duration
The following provisions of the Planning Act 2026 relating to the duration of a planning consent apply to the duration of a wildlife approval with all necessary modifications:
(a)
section 194 (lapsing of approval):
(b)
section 195 (cancellation of approval).
9 Change or cancellation of approval condition on application by approval holder
(1)
An approval holder may apply to a permit authority for a change or cancellation of a condition of the approval.
(2)
However, an approval holder may not apply for a change or cancellation of a condition that relates to the duration of the approval.
(3)
Subparts 1 to 5 of Part 4 apply, with all necessary modifications, as if the references to a natural resource permit and to the activity were references only to—
(a)
the change or cancellation of a condition; and
(b)
the effects of that change or cancellation.
(4)
For the purposes of determining who is adversely affected by the change or cancellation, the permit 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.
10 Circumstances when approval conditions can be reviewed
(1)
A permit authority may serve notice on a wildlife approval holder of its intention to review the conditions of the approval—
(a)
at any times specified in the wildlife approval to deal with adverse effects on protected wildlife or any other purpose specified in the approval; and
(b)
if the permit authority determines that the approval holder has contravened a condition of the approval.
(2)
A permit authority must serve notice on an approval holder of its intention to review the conditions of a wildlife approval if required by an order made by the Environment Court under section 295(6)(b) of the Planning Act 2026.
11 Notice of review
(1)
A notice of intent to review the conditions of a wildlife approval under clause 10—
(a)
must advise the approval holder of the conditions of the approval that are the subject of the review; and
(b)
must state the reasons for the review; and
(c)
must specify the information that the permit authority took into account in making its decision to review the approval; and
(d)
must advise an approval holder by whom a charge is payable under the regulations in relation to the review—
(i)
of the fact that the charge is payable; and
(ii)
of the estimated amount of the charge; and
(e)
may propose, and invite the approval holder to propose within 20 working days after service of the notice, new approval conditions.
(2)
If notification of the review is required under clause 12, the notification must include a summary of the notice served under this clause, and the notification must be served within—
(a)
30 working days after the service of the notice (if the approval holder is invited to propose new conditions); or
(b)
10 working days after the service of the notice (if the approval holder is not invited to propose new conditions).
12 Review of conditions and effects of change of conditions
(1)
Sections 152 to 158 apply, with all necessary modifications, as if the references to a natural resource permit and to the activity were references only to the review of the conditions of a wildlife approval and to the effects of the change of conditions respectively.
(2)
The review is limited to—
(a)
the effect of the changes to conditions of a wildlife approval; and
(b)
the effects on any person who made a submission and may be affected by the change; and
(c)
matters relevant to the substantive decision-making provisions in this schedule.
13 Decisions on review of approval conditions
A permit authority may change the conditions of a wildlife approval (other than a condition specifying the duration of the approval) on a review under clause 10 if 1 or more of the circumstances specified in that clause apply.
14 Minor corrections of wildlife approvals
A permit authority that grants a wildlife approval may, within 20 working days after the grant, issue an amended approval that corrects minor mistakes or defects in the approval.
15 Surrender of approval
(1)
A wildlife approval holder may surrender the approval, either in whole or in part, by giving written notice to the permit authority.
(2)
A permit authority may refuse to accept the surrender of part of a wildlife approval if it considers that the surrender of that part would—
(a)
affect the integrity of the approval; or
(b)
affect the ability of the approval holder to meet other conditions of the approval; or
(c)
lead to an adverse effect on protected wildlife.
(3)
A person who surrenders a wildlife approval remains liable under this Act—
(a)
for any breach of conditions of the approval that occurred before the surrender of the approval; and
(b)
to complete any work to give effect to the approval unless the permit authority directs otherwise in its notice of acceptance of the surrender.
(4)
A surrender of a wildlife approval takes effect when the approval holder receives a notice of acceptance of the surrender from the permit authority.
Part 2 Decision-making framework
16 Notification of relevant iwi authority or post-settlement governance entity
(1)
A permit authority must notify any relevant iwi authority or post-settlement governance entity about an application for a wildlife approval if it considers that notification is required to give effect to Treaty settlement redress.
(2)
If a permit authority notifies any relevant iwi authority or post-settlement governance entity under subclause (1), the permit authority must notify the applicant in the manner prescribed in regulations.
(3)
A person notified under this clause may make a submission about the application to the permit authority in the manner described in section 155 of the Planning Act 2026.
17 Application of sections 9 and 10
Sections 9 and 10 apply to persons performing or exercising functions, duties, or powers under this schedule.
18 Consideration of applications
When considering an application for a wildlife approval, a permit authority must—
(a)
have regard to—
(i)
any adverse effects on protected wildlife:
(ii)
any cumulative effects, recognising that effects on protected wildlife from an activity may arise incrementally over time or in combination with other activities:
(iii)
the relationship of Māori with protected wildlife affected by the proposed activity, if necessary to give effect to Treaty settlement obligations; and
(b)
be satisfied that the applicant will take reasonable steps to avoid, minimise, and mitigate adverse effects on individual wildlife, in that order; and
(c)
take into account—
(i)
any relevant guidance, protocols, or standards issued by the Department; and
(ii)
any advice received from the Department under clause 4.
19 Protection settings for wildlife
(1)
If a wildlife approval is sought for an activity that would affect a population or species of wildlife, the permit authority must decline the application if satisfied that the effects of the activity would either—
(a)
reduce the viability of the species affected by the activity; or
(b)
reduce the viability of a local population of threatened or at-risk wildlife affected by the activity.
(2)
If the permit authority considers that either of the outcomes in subclause (1)(a) and (b) may occur if the approval were granted, it may grant approval subject to any conditions (except compensation) that it considers appropriate that, if complied with, would allow it to be satisfied that those outcomes would not occur.
20 Conditions on wildlife approvals
(1)
When granting a wildlife approval, a permit authority—
(a)
may include conditions relating to positive effects or enhancement measures, but only with the applicant’s agreement:
(b)
may include any other condition it considers appropriate, except a condition containing measures to provide compensation for any adverse effects.
(2)
A wildlife approval may include, but is not limited to, any 1 or more of the following conditions:
(a)
conditions requiring bonds, where appropriate to meet obligations relating to protected wildlife:
(b)
conditions requiring works or measures to protect, restore, or enhance outcomes for affected protected wildlife, including measures such as pest management or habitat enhancement:
(c)
conditions requiring covenants, if necessary, to secure ongoing measures to manage effects on protected wildlife:
(d)
conditions to address the risk of non-compliance with the approval:
(e)
conditions requiring monitoring, reporting, and the provision of information relating to the exercise of the approval.
(3)
A contravention of a condition included in a wildlife approval under this clause does not constitute loss of the lawful authority described in section 134.
21 Transferability of wildlife approval
(1)
Unless the wildlife approval expressly provides otherwise, a holder of a wildlife approval—
(a)
may transfer the holder’s interest in the approval to any other person:
(b)
may transfer the holder’s interest in the approval to any other person when the associated natural environment permit is being transferred:
(c)
may not transfer the holder’s interest in the approval to a site other than the site to which the approval relates.
(2)
The transfer of the holder’s interest in a wildlife approval has no effect until written notice of the transfer is given to the permit authority that granted the approval.
22 Application of section 71 of Wildlife Act 1953
The requirement for joint ministerial consent under section 71 of the Wildlife Act 1953 does not apply if a wildlife approval has been granted under this Act.
23 Obligations of Department and regional councils
(1)
A regional council must provide to the Department a copy of any wildlife approval it grants, including any conditions that are included in the approval.
(2)
A regional council must notify the Department of—
(a)
any abatement notice issued under section 264(1)(a)(i) or (b)(i) that refers to a wildlife approval:
(b)
any application for an enforcement order under section 257 of a kind specified in section 255(1)(a)(i) or (b)(i) that refers to a wildlife approval:
(c)
any activity that it identifies, while monitoring compliance with a natural resource permit, as harmful to wildlife and that is occurring without lawful authority.
(3)
A regional council has the functions set out in section 229(1)(e) in relation to wildlife approvals in its region.
24 Regulations relating to wildlife approvals
(1)
Regulations made under section 321 may—
(a)
prescribe or provide for matters relating to the implementation and administration of wildlife approvals, including requirements relating to giving and serving notices, processing applications, time frames for taking specified actions, and other administrative requirements:
(b)
require the payment of fees or charges in connection with—
(i)
an application for a wildlife approval or related notice or request provided for under this Act:
(ii)
the performance or exercise of any function, duty, or power in relation to an application for a wildlife approval, or a wildlife approval, under this Act.
(2)
Before recommending the making of regulations providing for any of those matters, the Minister must consult the Minister of Conservation in relation to the development of the regulations.
(3)
Any costs incurred by a permit authority in obtaining advice from the Department in relation to a wildlife approval must be treated as costs incurred in the performance of the permit authority’s functions.
(4)
The Department may recover directly from a permit authority the Department’s reasonable costs incurred in providing advice under clause 4.
(5)
Any fees or charges payable in relation to functions performed by the Department in relation to a wildlife approval are recoverable only under this Act.
Schedule 4 Coastal matters
Contents
Part 1 Occupation of common marine and coastal area
1 Interpretation and relationship of this Part with rest of this Act
(1)
In this Part, unless the context otherwise requires,—
authorisation means the right to apply for a coastal permit to occupy space in a common marine and coastal area
tender means any form of tender (whether public or otherwise)
trustee has the same meaning as in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
(2)
The provisions of this Act that relate to applications for, and the granting of, natural resource permits apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this Part.
Compare: 2023 No 46 s 442
Managing occupation in common marine and coastal area
2 Power of consent authorities to refuse to receive applications for coastal permits
For the purposes of this Part, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type for the same space or for space in close proximity to that space.
Compare: 2023 No 46 s 443
3 Applications in relation to aquaculture settlement areas
(1)
No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area for the purposes of aquaculture activities, unless the person is a holder of an authorisation that—
(a)
relates to that space and activity; and
(b)
was provided to the trustee under section 13 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
(2)
A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—
(a)
to the extent that that activity is compatible with aquaculture activities; and
(b)
after consultation with the trustee and iwi in the region.
(3)
Subclause (1) does not affect any application received by a consent authority before the space became an aquaculture settlement area.
(4)
In subclause (2)(b), iwi has the same meaning as in the Māori Fisheries Act 2004.
Compare: 2023 No 46 s 444
Provisions in natural environment plan relating to occupation of common marine and coastal area
4 Provisions about occupation of common marine and coastal area
(1)
A natural environment plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying any of the following:
(a)
that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice given by the regional council:
(b)
that the consent authority may process and hear together applications for coastal permits for the occupation of—
(i)
the same space in a common marine and coastal area; or
(ii)
different spaces in a common marine and coastal area that are in close proximity to each other:
(c)
that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in that paragraph:
(d)
limits on—
(i)
the character, intensity, or scale of activities associated with the occupation of space:
(ii)
the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purposes of specified activities.
(2)
However, a rule made for the purposes of subclause (1)(a) does not apply to an application made for a coastal permit under an authorisation.
Compare: 2023 No 46 s 445
5 Natural environment plan may specify allocation methods
A natural environment plan may provide for a rule that specifies a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule for the public tender of authorisations or any other method of allocating authorisations.
Compare: 2023 No 46 s 446
6 Matters to be considered before including allocation rule in natural environment plan
(1)
Before including a rule in a natural environment plan for allocating space in a common marine and coastal area for the purposes of an activity, a regional council must—
(a)
have regard to—
(i)
the reasons for and against including the proposed rule; and
(ii)
if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
(A)
the reasons why allocation other than by a method of allocating authorisations is justified; and
(B)
how that may affect the preferential rights provided for in clause 22; and
(iii)
if the proposed rule provides for a method of allocating authorisations other than by public tender,—
(A)
the reasons why allocation other than by public tender is justified; and
(B)
how that may affect the preferential rights provided for in clause 22; and
(b)
be satisfied that—
(i)
a rule for allocating space is necessary or desirable in the circumstances of the region; and
(ii)
if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared with other methods of allocating space.
(2)
The regional council must—
(a)
prepare a report summarising the matters required by subclause (1); and
(b)
make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the natural environment plan or proposed natural environment plan.
(3)
Clauses 10 and 11 of Schedule 3 of the Planning Act 2026 do not apply to the inclusion of a rule under subclause (1).
(4)
Subclause (1) applies subject to an Order in Council made under clause 10.
(5)
A challenge to a rule on the ground that this clause has not been complied with may be made only in a submission under Schedule 3 of the Planning Act 2026 (as applied to this Act by section 102).
(6)
Subclause (5) does not preclude a person who is hearing a submission or an appeal on a proposed natural environment plan from taking into account the matters stated in subclause (1).
Compare: 2023 No 46 s 447
7 Offer of authorisations for activities in common marine and coastal area in accordance with natural environment plan
(1)
If a rule in a natural environment plan provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
(2)
Subclause (1) applies subject to—
(a)
subclause (3); and
(b)
any Order in Council made under clause 10.
(3)
A regional council must give the Minister not less than 4 months’ notice before making an offer of authorisations under subclause (1).
(4)
Subclause (1) does not apply if the Minister responsible for aquaculture must offer the authorisations under clause 8.
Compare: 2023 No 46 s 448
8 Offer of authorisations by Minister responsible for aquaculture
If a rule in a natural environment plan or a national rule provides for public tendering or another method of allocating authorisations in relation to which the Minister responsible for aquaculture is the decision-maker, the Minister must, by public notice and in accordance with the rule, offer authorisations.
Compare: 2023 No 46 s 449
9 When applications not to be made unless applicant holds authorisation in accordance with natural environment plan
(1)
Subclause (2) applies to space in the common marine and coastal area if a rule in a natural environment plan or a national rule provides for public tendering or another method of allocating authorisations in relation to an activity in the space.
(2)
A person must not apply for a coastal permit authorising occupation of the space for the purposes of the activity unless the person is the holder of—
(a)
an authorisation that relates to the space and activity; or
(b)
a coastal permit granted under an authorisation that related to the occupation of that space and the application is for the purposes of an activity that was within the scope of the authorisation.
(3)
Subclause (2) does not affect any application received by the regional council before the proposed natural environment plan became operative or the rule in the proposed natural environment plan or the national rule had legal effect.
(4)
Subclause (2) does not affect any application referred to in clause 41 that is received by the regional council—
(a)
after a rule in a proposed natural environment plan has legal effect; but
(b)
before the rule becomes operative or the national rule has legal effect.
Compare: 2023 No 46 s 450
10 Power to give directions relating to allocation of authorisations for space provided for in natural environment plan
(1)
This clause applies if a rule in a natural environment plan—
(a)
provides for a method for allocating authorisations; and
(b)
provides that a regional council is responsible for allocating authorisations.
(2)
The Governor-General may, by Order in Council made on the recommendation of the Minister, direct the regional council—
(a)
not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
(b)
in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.
(3)
The Minister may make a recommendation only for 1 or more of the following purposes:
(a)
to give effect to Government policy in the common marine and coastal area:
(b)
to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any legislation before 21 September 1992:
(c)
to facilitate compliance with clause 22:
(d)
to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
(4)
The matters referred to in subclause (2)(b) include—
(a)
the allocation method to be used:
(b)
the maximum term of a coastal permit to which the authorisations available for allocation relate, subject to sections 190 and 194:
(c)
the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
(d)
the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.
(5)
If an Order in Council contains a direction under subclause (4)(a), the order must be made before the relevant proposed natural environment plan is publicly notified.
(6)
If an Order in Council contains a direction under subclause (4)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under clause 7.
(7)
The Minister may make a recommendation under subclause (2) only if the Minister makes the recommendation within 3 months after receiving a notice under clause 7(3).
(8)
Subclause (7) is subject to subclause (5).
(9)
An Order in Council does not affect the following if made before the Order in Council comes into force:
(a)
a publicly notified offer of authorisations:
(b)
an application for a coastal permit.
(10)
An order under subclause (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2023 No 46 s 451
| 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. | ||||
Ministerial approval of use of method of allocating authorisations
11 Regional council may request use of allocation method
(1)
This clause applies if,—
(a)
in the opinion of the regional council, it is desirable, due to actual or anticipated high demand, or competing demands, for coastal permits for occupation of space in the common marine and coastal area for the purposes of 1 or more activities, that a method be used to allocate authorisations for the space; and
(b)
a natural environment plan or a national rule—
(i)
does not provide for a rule for a method of allocating authorisations for the space for the purposes of the activities; or
(ii)
does provide for a rule referred to in subparagraph (i), but the council considers that the rule will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purposes of the activities.
(2)
The council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.
(3)
A request under subclause (2) must be made in accordance with any requirements prescribed in regulations.
(4)
On the day a request is made under subclause (2), or as soon as practicable afterwards, the council must give public notice of the request that meets any requirements prescribed in regulations.
Compare: 2023 No 46 s 452
12 Stay on applications following request under clause 11
(1)
Subclause (2) applies if a regional council has made a request under clause 11(2).
(2)
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purposes of an activity in the request during the period commencing on the day on which public notice of the request is given under clause 11(4), and ending on the earlier of the following:
(a)
the day on which the council publicly notifies under clause 13(6) that the request has been declined:
(b)
the day on which the approval of an allocation method is notified in the Gazette under clause 13(1)(c)(i).
(3)
If the request is approved, clause 16 applies to applications from the date from which the approval applies.
(4)
Neither this clause nor clause 16 affects any application received by the council before the request was made under clause 11(2) or any application referred to in clause 41.
Compare: 2023 No 46 s 453
13 Minister may approve use of allocation method
Minister’s duties when request received under clause 11(2)
(1)
If the Minister receives a request under clause 11(2) (the request), the Minister—
(a)
must consult relevant Ministers, including the Minister of Conservation, and including the Minister responsible for aquaculture if the request relates to aquaculture activities; and
(b)
may—
(i)
consult any other person whom the Minister considers it appropriate to consult; and
(ii)
request any further information from the regional council that made the request; and
(c)
must, within 25 working days after receiving the request,—
(i)
by notice in the Gazette, approve the request—
(A)
on the terms specified by the council in the request; or
(B)
on terms that, in the opinion of the Minister, will better manage the actual or anticipated high demand, or competing demands, in the space; or
(ii)
decline the request.
(2)
A failure to comply with the time limit in subclause (1)(c) does not prevent the Minister from making a decision on the request.
(3)
Any period of consultation under subclause (1)(b)(i) is excluded from the period specified in subclause (1)(c).
How request must be decided
(4)
The Minister must not approve the request unless the Minister considers that—
(a)
there is actual or anticipated high demand, or there are competing demands, for coastal permits for occupation of the space for the purposes of the activity or activities that the request applies to; and
(b)
the method and terms of allocation specified in the request, or any modified terms determined by the Minister, will—
(i)
effectively manage the actual or anticipated high demand, or competing demands, identified under paragraph (a); and
(ii)
be implemented within a time frame that is, in the Minister’s opinion, reasonable.
(5)
In considering whether to approve the request, the Minister must have regard to the following:
(a)
Government policy for the common marine and coastal area:
(b)
the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
(c)
the need to facilitate compliance with clause 22:
(d)
the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
(6)
If the Minister declines the request,—
(a)
the Minister must notify the council of that decision; and
(b)
the council must as soon as practicable after receiving notice of the decision publicly notify that—
(i)
the request was declined; and
(ii)
applications may be made for coastal permits to occupy any space for the purposes of any activity that was the subject of the request.
Contents of Gazette notice
(7)
A Gazette notice approving the request—
(a)
must specify,—
(i)
if the approval does not relate to a public tender, the other allocation method that is approved; and
(ii)
the space and activities that the public tender or other allocation method will apply to; and
(iii)
how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
(b)
may also specify 1 or more of the following:
(i)
whether the approval is for a single public tender or a single use of the allocation method or is to be used on more than 1 occasion:
(ii)
an expiry date for the approval:
(iii)
a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted:
(iv)
any restrictions on transferring authorisations allocated under the public tender or other allocation method:
(v)
that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together:
(vi)
the maximum term of a coastal permit to which the authorisations available for allocation relate, subject to sections 190 and 194:
(vii)
that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost:
(viii)
that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.
Other matters
(8)
A provision in a natural environment plan that relates to the allocation of space to which a Gazette notice under this clause relates does not apply during the period of the approval to the extent that it is inconsistent with the terms of the Gazette notice.
(9)
An authorisation allocated in accordance with subclause (7)(b)(viii) or clause 10(4)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.
Compare: 2023 No 46 s 454
14 Period of approval to use public tender or other method to allocate authorisations
(1)
An approval to use a public tender or other method to allocate authorisations applies until the earlier of the following:
(a)
the end of the period stated or provided for in the relevant Gazette notice; or
(b)
the date on which a proposed natural environment plan is notified with an alternative allocation method for the space to which the Gazette notice applies.
(2)
The Minister may, by notice in the Gazette, revoke an approval to use a public tender or other allocation method to allocate authorisations if the Minister—
(a)
is requested to do so by the regional council; and
(b)
considers that—
(i)
there is no longer actual or likely high demand, or there are no longer competing demands, for coastal permits to occupy the space for the purposes of the relevant activity or activities; or
(ii)
the regional council has in place other methods that will satisfactorily manage actual or likely high demand, or competing demands, for coastal permits to occupy the space for the purposes of the relevant activity or activities.
(3)
The Minister may, by notice in the Gazette, substitute another date for the date on which the relevant Gazette notice is to expire if—
(a)
the Minister receives a request from the regional council to do so; and
(b)
the Minister considers that—
(i)
there remains actual or likely high demand, or there remain competing demands, for coastal permits to occupy the space for the purposes of the relevant activity or activities; and
(ii)
the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands.
Compare: 2023 No 46 s 455
15 Regional council must offer authorisations if Minister approves
(1)
If the Minister approves the use of a public tender or other method for allocating authorisations under clause 13(1)(c)(i), the regional council must by public notice offer authorisations for coastal permits for the occupation of space in the common marine and coastal area in accordance with the terms of that approval.
(2)
A Gazette notice under clause 13(1)(c)(i) lapses if the regional council does not carry out the public tender or implement the other approved allocation method within the period specified in the notice (or any extension of time specified by the Minister in a further notice under subclause (3)).
(3)
The Minister may by notice in the Gazette approve an extension of time for carrying out a public tender or implementing the other approved allocation method, but only if the Minister is satisfied that—
(a)
the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
(b)
the regional council requires further time to carry out the public tender or implement the other approved allocation method.
Compare: 2023 No 46 s 456
16 During period of approval, no person may apply unless they hold authorisation
(1)
This clause applies to space in the common marine and coastal area if the Minister has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette notice under clause 13(1)(c)(i).
(2)
During the period of the approval, no person may apply for a coastal permit authorising occupation of the space for the purposes of an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity.
Compare: 2023 No 46 s 457
Authorisations
17 Authorisation does not confer right to coastal permit
(1)
The granting of an authorisation does not confer any right to the grant of a coastal permit for the space that the authorisation relates to.
(2)
However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation.
Compare: 2023 No 46 s 458
18 Authorisation may be transferred
(1)
An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
(2)
This clause applies subject to any restrictions on the transfer of authorisations specified in—
(a)
the Gazette notice under clause 13(1)(c)(i) under which the authorisations were allocated; and
(b)
the relevant natural environment plan under which the authorisations were allocated.
Compare: 2023 No 46 s 459
19 Authorisation lapses in certain circumstances
(1)
An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subclause (3) applies.
(2)
Subclause (3) applies,—
(a)
for an authorisation for which no earlier date is specified, if,—
(i)
before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space for the purposes of the activity that the authorisation relates to; and
(ii)
on the second anniversary date,—
(A)
the consent authority has not decided whether to grant or decline the application; or
(B)
the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but the court has made no decision on the appeal; or
(b)
for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
(i)
before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space for the purposes of the activity that the authorisation relates to; and
(ii)
on the date specified in the authorisation,—
(A)
the consent authority has not decided whether to grant or decline the application; or
(B)
the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but the court has made no decision on the appeal.
(3)
The authorisation does not lapse until—
(a)
the time for lodging an appeal against the decision to grant or decline the application has expired and no appeal has been lodged; or
(b)
an appeal has been lodged and the court has given its decision on the appeal.
Compare: 2023 No 46 s 460
20 Public notice of offer of authorisations
(1)
(2)
The notice must be made in accordance with any requirements prescribed in regulations.
(3)
This clause applies subject to an Order in Council made under clause 10.
Compare: 2023 No 46 s 461
21 Requirements for offers for authorisations
(1)
An offer for an authorisation must specify—
(a)
the activity or range of activities for which the authorisation is sought; and
(b)
the site it applies to.
(2)
In the case of a tender for authorisations, the tender must also specify—
(a)
the total remuneration offered (including any annual rental component); and
(b)
the form of payment of the remuneration.
(3)
A tender must be accompanied by—
(a)
a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
(b)
any additional information specified in the notice calling for tenders.
(4)
An offer or a tender must be accompanied by any charge payable under section 331(1)(f).
(5)
If a tender is accepted under clause 23, the amount of any annual rental component of the remuneration payable under subclause (2) must be reduced by the amount of any natural resource levy imposed under section 328 or any coastal occupation charge for the occupation of the area concerned.
Compare: 2023 No 46 s 462
22 Preferential rights of iwi
(1)
A regional council, the Minister, or the Minister responsible for aquaculture must, when conducting a tender of authorisations under this Part, or recommending the making of regulations in relation to this Part or Part 4 of this schedule, give effect to any preferential right held by iwi to purchase a proportion of authorisations.
(2)
Subclause (1) applies to the rights (preferential rights) that are conferred by—
(a)
section 316 of the Ngāi Tahu Claims Settlement Act 1998:
(b)
section 119 of the Ngati Ruanui Claims Settlement Act 2003:
(c)
section 79 of the Ngati Tama Claims Settlement Act 2003:
(d)
section 106 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005:
(e)
section 118 of the Ngāti Awa Claims Settlement Act 2005:
(f)
section 92 of the Ngāti Mutunga Claims Settlement Act 2006.
(3)
For the purposes of subclause (1), the sections of the Acts referred to in subclause (2) apply as if—
(a)
the references in those sections to the Minister of Conservation were references to the regional council or the Minister responsible for aquaculture (as applicable); and
(b)
any references in those sections to Part 4 of this schedule were references to the relevant provisions of this Part.
Compare: 2023 No 46 s 463
23 Acceptance of offer for authorisations
(1)
After considering the offers for authorisations provided in response to a notice given in accordance with clause 20 and in accordance with the relevant criteria (if any) prescribed in regulations, the regional council or the Minister responsible for aquaculture may—
(a)
accept any offer; or
(b)
reject all offers; or
(c)
reject all offers and call for new offers; or
(d)
negotiate with any person who made an offer with a view to reaching an agreement.
(2)
If the offer of authorisations is a tender, the regional council or the Minister responsible for aquaculture may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
(3)
As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council or the Minister responsible for aquaculture must give written notice of the decision or agreement and the reasons for it to every person who made an offer.
(4)
If an offer is accepted or an agreement is reached, the notice under subclause (3) must include details of the person who made the offer or entered into the agreement and the nature of the activity that the offer or agreement relates to.
Compare: 2023 No 46 s 464
24 Grant of authorisation
(1)
If the regional council accepts an offer or reaches an agreement under clause 23 with a person who made an offer, the regional council must grant an authorisation to the person concerned.
(2)
If the Minister responsible for aquaculture accepts an offer or reaches an agreement under clause 23, that Minister must direct the regional council to grant an authorisation to the person concerned.
Compare: 2023 No 46 s 465
25 Tender money
(1)
If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity for which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender.
(2)
The Minister must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
(3)
If an authorisation granted to a successful tenderer has lapsed under clause 19, the regional council must, as soon as possible, refund the remuneration to the tenderer.
(4)
If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under clause 21(3), the regional council must, as soon as possible, refund the payment to the tenderer.
Compare: 2023 No 46 s 466
26 Use of tender money
The regional council must apply its share of the remuneration to perform its functions and responsibilities under this Act in the coastal marine area in its region.
Compare: 2023 No 46 s 467
Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area
27 Regional council may request suspension of receipt of applications to occupy common marine and coastal area for purposes of aquaculture activities
(1)
A regional council may request the Minister responsible for aquaculture to suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if—
(a)
it identifies actual or anticipated high demand, or competing demands, for those permits and considers that—
(i)
the provisions of the natural environment plan will not enable the demand to be managed effectively; and
(ii)
the suspension is desirable to enable the natural environment plan to be amended or other measures available under this Act to be used to manage the demand; or
(b)
it identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
(i)
the provisions of the natural environment plan will not enable the biosecurity concern to be managed effectively; and
(ii)
the suspension is desirable to enable the natural environment plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.
(2)
A request for a suspension must—
(a)
specify—
(i)
the space in the common marine and coastal area that it is proposed the suspension will apply to; and
(ii)
the aquaculture activities that it is proposed the suspension will apply to; and
(iii)
the planning or other measure that the council proposes to implement to manage the identified demand or biosecurity concern; and
(iv)
the proposed duration of the suspension, which must be not more than 12 months; and
(b)
be accompanied by information about—
(i)
the actual or anticipated high demand, or competing demands, for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request; or
(ii)
the actual or emerging biosecurity concern.
(3)
A regional council must give public notice of a request for suspension on the day the request is made or as soon as practicable after the request is made.
(4)
A public notice under subclause (3) must include—
(a)
the matters specified in subclause (2)(a); and
(b)
a statement to the effect of clause 29(2) and (3).
Compare: 2023 No 46 s 468
28 Minister responsible for aquaculture may suspend receipt of applications
(1)
The Minister responsible for aquaculture may, at their own initiative, suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities, if the Minister is satisfied that—
(a)
any of the circumstances provided for in clause 27(1)(a) or (b) apply, as if the Minister were the regional council; or
(b)
the suspension is desirable to enable the Minister to use other measures available under the Maori Commercial Aquaculture Claims Settlement Act 2004 for the purpose of upholding the Crown’s settlement obligations under that Act in the region.
(2)
Before issuing a suspension, the Minister responsible for aquaculture—
(a)
must consult the regional council; and
(b)
must consult the Minister; and
(c)
may consult any other person that the Minister responsible for aquaculture considers appropriate.
(3)
The Minister responsible for aquaculture must issue the suspension by notice in the Gazette, which must specify—
(a)
the space and aquaculture activities that the suspension on applications will apply to; and
(b)
the date on which the notice expires, which must not be more than 12 months after the date of the Gazette notice.
Compare: 2023 No 46 s 469
29 Effect on applications of request under clause 27
(1)
Subclause (2) applies if a regional council has made a request under clause 27(1).
(2)
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purposes of an aquaculture activity during the period commencing on the day on which public notice of the request is given under clause 27(3) and ending on,—
(a)
if the request is declined, the date on which the regional council publicly notifies under clause 31(6) that the request has been declined; or
(b)
if the request is granted, the date on which the Gazette notice issued by the Minister responsible for aquaculture under clause 31(1)(c) in response to the request expires.
(3)
Neither this clause nor clause 31(6) affects—
(a)
any application received by the regional council before the request was made under clause 27(1):
(b)
any application to which clause 41 applies:
(c)
any application made in accordance with an authorisation.
Compare: 2023 No 46 s 470
30 Effect on applications of suspension at initiative of Minister responsible for aquaculture
(1)
A person must not apply for a coastal permit to occupy any space that is the subject of a Gazette notice issued by the Minister responsible for aquaculture under clause 28 for the purposes of an aquaculture activity during the period commencing on the day on which the Gazette notice is issued and ending on the date on which the Gazette notice expires.
(2)
Neither this clause nor clause 31 affects—
(a)
any application received by the regional council before the date of the Gazette notice issued by the Minister responsible for aquaculture under clause 28:
(b)
any application to which clause 41 applies:
(c)
any application made in accordance with an authorisation.
Compare: 2023 No 46 s 471
31 Minister responsible for aquaculture may suspend applications on request under clause 27
(1)
If the Minister responsible for aquaculture receives a request under clause 27(1), that Minister—
(a)
must consult the Minister; and
(b)
may—
(i)
consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
(ii)
request any further information from the regional council that made the request; and
(c)
must, within 25 working days after receiving the request,—
(i)
approve the request by notice in the Gazette—
(A)
on the terms specified by the regional council in the request; or
(B)
on terms that in the opinion of the Minister responsible for aquaculture will better manage the actual or anticipated high demand, or competing demands, in the space or the biosecurity concerns; or
(ii)
decline the request.
(2)
A failure to comply with the time limit in subclause (1)(c) does not prevent the Minister responsible for aquaculture from making a decision on the request.
(3)
Any period of consultation under subclause (1)(b)(i) is excluded from the period specified in subclause (1)(c).
(4)
The Minister responsible for aquaculture must not approve the request unless they consider that—
(a)
there are—
(i)
actual or likely high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities that the request applies to; or
(ii)
actual or emerging biosecurity concerns relating to the aquaculture activities; and
(b)
the planning or other measure that is proposed, or any modified terms determined by the Minister responsible for aquaculture, will—
(i)
effectively manage the high demand or competing demands or biosecurity concerns; and
(ii)
be implemented within a time frame that is, in the Minister’s opinion, reasonable.
(5)
A Gazette notice under subclause (1)(c)(i) must specify the matters set out in clause 28(3)(a) and (b).
(6)
If the Minister responsible for aquaculture declines a request made under clause 27(1),—
(a)
that Minister must notify the regional council of the decision to decline the request; and
(b)
the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
(i)
the request was declined; and
(ii)
applications may be made for coastal permits to occupy any space for the purposes of any aquaculture activity that was the subject of the request.
(7)
The Minister responsible for aquaculture must notify the Minister of a decision to issue a Gazette notice, or to decline a request for a suspension of receipt of applications.
Compare: 2023 No 46 s 472
32 Subsequent requests for direction in relation to suspension of receipt of applications
(1)
The Minister responsible for aquaculture may, at their own initiative or at the request of the regional council under clause 27, issue a further Gazette notice under clause 31 before the expiry of a notice issued under that clause if—
(a)
the Minister considers that there remain—
(i)
actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant aquaculture activity or activities; or
(ii)
biosecurity concerns relating to aquaculture activities; and
(b)
the Minister considers there are no planning or other measures in place that will satisfactorily manage the demands or biosecurity concerns; and
(c)
the Minister is satisfied that more time is needed to put in place planning or other measures to manage the demands or biosecurity concerns.
(2)
Clauses 27 to 31 apply with any necessary modifications to a request for a further suspension of receipt of applications.
Compare: 2023 No 46 s 473
Processing and hearing together of applications for coastal permits for aquaculture activities
33 Regional council may request direction to process and hear together applications for permits for purposes of aquaculture activities
(1)
A regional council may request the Minister responsible for aquaculture to direct it to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if the council considers that—
(a)
the processing and hearing together of those applications would be more efficient and would enable better assessment and management of cumulative effects of those permits; and
(b)
the natural environment plan does not provide adequately for efficient processing, assessment, and management of the cumulative effects of those permits.
(2)
The regional council’s request must—
(a)
specify—
(i)
the space in the common marine and coastal area that it is proposed the direction will apply to; and
(ii)
the aquaculture activities that it is proposed the direction will apply to; and
(iii)
the applications or classes of applications for coastal permits that it is proposed the direction will apply to; and
(b)
be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of those permits if the direction were made.
Compare: 2023 No 46 s 474
34 Minister responsible for aquaculture may decide at own initiative to give direction
(1)
The Minister responsible for aquaculture may, at their own initiative, decide to give a direction to the regional council to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if the Minister is of the opinion that the matters referred to in clause 33(1)(a) and (b) apply.
(2)
The decision must contain the information described in clause 33(2).
Compare: 2023 No 46 s 475
35 Direction to process and hear applications together
(1)
If the Minister responsible for aquaculture receives a request for a direction under clause 33, that Minister—
(a)
must consult the Minister; and
(b)
may consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
(c)
may request any information or further information from the regional council; and
(d)
must decide, within the 25-day period, to give a direction or decline the request; and
(e)
must notify the decision to the regional council and the Minister.
(2)
If the Minister responsible for aquaculture decides under clause 34 to give a direction at their own initiative,—
(a)
this clause applies, other than subclause (1)(d) and subclauses (5) to (7); and
(b)
that Minister must consult the affected regional council.
(3)
The Minister responsible for aquaculture must not give a direction unless—
(a)
that Minister considers it will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction; and
(b)
the direction complies with clause 36 (which relates to the content of the direction).
(4)
The Minister responsible for aquaculture must give the direction by Gazette notice.
(5)
A failure to comply with subclause (1)(d) within the 25-day period does not prevent the Minister responsible for aquaculture from giving a direction or declining a request.
(6)
Any period of consultation carried out under subclause (1)(b) is excluded from the 25-day period.
(7)
In this clause, 25-day period means 25 working days after the Minister responsible for aquaculture receives a request from the regional council or makes a decision under clause 34.
Compare: 2023 No 46 s 476
36 Content of direction
(1)
A direction given under clause 35 must require the regional council to process and hear together applications for coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities (together with any other applications for coastal permits related to the aquaculture activities)—
(a)
on the terms specified by the regional council under clause 33(2)(a) (in the request); or
(b)
on terms that, in the opinion of the Minister responsible for aquaculture, will facilitate efficient processing, assessment, and management of the cumulative effects of those permits.
(2)
The direction must specify—
(a)
the space in the common marine and coastal area that the direction applies to; and
(b)
the aquaculture activities that the direction applies to; and
(c)
the applications or classes of applications to which the direction applies.
(3)
The direction may apply to applications or classes of applications that (without limitation) include—
(a)
applications made on or after the commencement date; or
(b)
applications made but not determined before the commencement date; or
(c)
applications defined by reference to their contents (for example, by the size of the space they relate to).
(4)
The direction may not apply to applications or classes of applications—
(a)
in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, to hold a hearing and the hearing has commenced or been completed; or
(b)
in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, that no hearing is required; or
(c)
to which clause 41 applies; or
(d)
made more than 12 months after the commencement date.
(5)
Subclause (6) applies to an application for a coastal permit—
(a)
that is made after the commencement date; and
(b)
to which the direction does not apply.
(6)
The direction may specify that the application must not be processed and heard until decisions have been made and notified on all of the applications to which the direction applies.
(7)
In this clause, commencement date means the date on which the direction comes into force (as specified in the Gazette notice).
Compare: 2023 No 46 s 477
37 Regional council must comply with direction
(1)
A regional council given a direction under clause 35 must comply with the direction.
(2)
The regional council must process and hear together applications to which the direction applies—
(a)
on and from the commencement date of the direction (as specified in the Gazette notice); and
(b)
in accordance with the terms of the direction (as specified in the Gazette notice).
Compare: 2023 No 46 s 478
Processing and hearing together of applications for coastal permits
38 Application of clause 39
Clause 39 applies if a regional council is required to process and hear together any applications or class of applications for coastal permits to occupy space in the common marine and coastal area under—
(a)
a rule in a natural environment plan (see clause 4); or
(b)
a Gazette notice under clause 13 (approving a request to use an allocation method); or
(c)
a Gazette notice under clause 35 (given at the request of the regional council or at the initiative of the Minister responsible for aquaculture).
Compare: 2023 No 46 s 479
39 Processing and hearing of applications
(1)
In this clause,—
affected application, in relation to a PHT requirement,—
(a)
means an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and
(b)
includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement
PHT requirement means a requirement that an application be processed and heard together with another application or applications as provided in a rule or Gazette notice referred to in clause 38.
(2)
Sections 136 to 159 apply in respect of each affected application that is subject to a PHT requirement.
(3)
The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each applicant of the names and contact details of the other affected applicants.
(4)
Section 160(a) and (b) applies in respect of any affected application that the regional council is required to process and hear together with other affected applications.
(5)
A regional council must process and hear affected applications in accordance with the procedure prescribed in regulations.
Compare: 2023 No 46 s 480
Part 2 Order in which applications by existing consent holders are to be processed
40 Application
(1)
This Part applies only to applications for coastal permits to occupy space in the common marine and coastal area for the purposes of aquaculture activities.
(2)
However, this Part does not apply to an application if, at the time the application is made, a natural environment plan provides for a method of allocating authorisations for the space and activity.
Compare: 2023 No 46 s 486
41 Processing applications for existing permit holders
(1)
This clause applies if—
(a)
a person holds a coastal permit to occupy space in the common marine and coastal area for the purposes of aquaculture activities; and
(b)
the permit referred to in paragraph (a) (the existing coastal permit)—
(i)
is in force at the time of any application under paragraph (c); and
(ii)
applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
(c)
the holder of the existing coastal permit (the existing permit holder) makes an application for a new coastal permit that is—
(i)
for occupation of some or all of the same space; and
(ii)
for the purposes of the same or another aquaculture activity; and
(iii)
accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
(d)
the application and any related applications are—
(i)
made to the appropriate consent authority; and
(ii)
made—
(A)
at least 6 months before the expiry of the existing coastal permit; or
(B)
in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.
(2)
If this clause applies, then—
(a)
the applications must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
(b)
no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
(c)
the existing permit holder may continue to operate under the existing coastal permit until—
(i)
a new coastal permit is granted and all appeals are determined; or
(ii)
a new coastal permit is declined and all appeals are determined.
Compare: 2023 No 46 s 487
42 Applications for space already used for aquaculture activities
(1)
This clause applies to an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of aquaculture activities if—
(a)
the application relates to space that is subject to a permit referred to in clause 41; and
(b)
the application is made by a person who is not the existing permit holder.
(2)
The application must be held by the consent authority without processing until 3 months before the expiry of the permit.
(3)
While the application is being held under subclause (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy that space until after the application being held under subclause (2) is determined or has lapsed.
(4)
After receiving an application referred to in subclause (1), the consent authority must notify the existing permit holder—
(a)
of the application; and
(b)
that the holder can make an application in accordance with clause 41(1)(c).
(5)
If an application to which clause 41(1)(c) applies is made, then the application referred to in subclause (1) remains on hold until that application is determined.
(6)
If the application to which clause 41(2)(a) applies is granted, then the application referred to in subclause (1) lapses.
(7)
If no application to which clause 41(2)(a) applies is made before the date that is 3 months before expiry of the relevant permit, then the application being held under subclause (2) must be processed and determined in accordance with this Act.
(8)
However, the application may be processed and determined before the expiry of the 3-month period referred to in subclause (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under clause 41(1)(c).
Compare: 2023 No 46 s 488
43 Additional criteria for considering applications for permits for space already used for aquaculture activities
(1)
When considering an application under clause 41 that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.
(2)
When considering an application to which clause 41 or clause 42(7) or (8) applies, a consent authority may consider the matters in section 170(1) and (3).
Compare: 2023 No 46 s 489
Part 3 Aquaculture areas
44 Interpretation
In this Part, unless the context otherwise requires,—
application means an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of aquaculture activities
aquaculture area rules means rules in a natural environment plan that provide for or relate to aquaculture activities in an aquaculture area
chief executive means the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996
reservation means a decision by the chief executive under section 186E of the Fisheries Act 1996 that they are not satisfied that the aquaculture activities provided for within the aquaculture area will not have an undue adverse effect on fishing
stock has the meaning given in section 2 of the Fisheries Act 1996.
Compare: 2023 No 46 s 490
45 Request for aquaculture area decision
If a natural environment plan prescribes aquaculture areas and provides aquaculture area rules, a person may request the chief executive, in accordance with any requirements prescribed in regulations, to make an aquaculture area decision in respect of—
(a)
an aquaculture area; and
(b)
any aquaculture activities that may be carried out in the aquaculture area.
Compare: 2023 No 46 s 491
46 Aquaculture area subject to quota management system reservation
(1)
If the chief executive makes a reservation relating to stock that is subject to the quota management system,—
(a)
the part of the aquaculture area to which the reservation relates is closed for applications during the period (the waiting period)—
(i)
commencing on the date of the aquaculture area decision; and
(ii)
ending on the date that is 6 months later or, if an extension under section 186ZI of the Fisheries Act 1996 is granted, 9 months later; and
(b)
if an aquaculture agreement or a compensation declaration relating to the reservation is registered under the Fisheries Act 1996 and the waiting period is completed,—
(i)
the terms of the agreement or declaration must be made available by the negotiator in accordance with section 186ZEA(2) of the Fisheries Act 1996; and
(ii)
each applicant must demonstrate in their application that the negotiator agrees that they have met the terms of the agreement or declaration; and
(iii)
if the application is granted, it commences in accordance with section 186; and
(c)
if no aquaculture agreement or compensation declaration relating to the reservation is so registered, the application (other than an application for an authorisation) must proceed in accordance with section 140.
(2)
In this clause,—
aquaculture agreement means an aquaculture agreement registered in accordance with section 186ZH of the Fisheries Act 1996
compensation declaration means a compensation declaration registered under section 186ZHA of the Fisheries Act 1996.
Compare: 2023 No 46 s 492
47 Aquaculture area subject to reservation
An application that is granted to occupy space in an aquaculture area that is subject to a reservation must commence in accordance with section 188 if the reservation relates to—
(a)
recreational fishing or customary fishing; or
(b)
commercial fishing in relation to stocks and species not subject to the quota management system.
Compare: 2023 No 46 s 493
Part 4 Coastal tendering relating to certain activities
48 Application
(1)
This Part applies to the following activities in the coastal marine area:
(a)
removing any sand, shingle, shell, or other natural material:
(b)
reclaiming or draining any foreshore or seabed.
(2)
This Part does not apply to applications for coastal permits to authorise the occupation of a coastal marine area.
Compare: 2023 No 46 s 495
50 Order in Council may require holding of authorisation
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, direct that a consent authority must not grant a coastal permit for a specified part of the coastal marine area (other than for any specified freehold land) that would, if granted, authorise the permit holder to undertake an activity to which this Part applies, unless the applicant holds an authorisation for that activity.
(2)
The Minister must not make a recommendation—
(a)
unless—
(i)
they consider that there are, or are likely to be, for an area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities to which this Part applies; and
(ii)
the Minister is satisfied that the Order in Council gives effect to any preferential right held by iwi to purchase a proportion of authorisations listed in clause 22(2):
(b)
that relates to the reclamation or drainage of any foreshore or seabed in the coastal marine area of any region until a proposed natural environment plan of a combined plan has been prepared and notified under this Act for that region.
(3)
An Order in Council expires on the second anniversary of the date on which it comes into force.
(4)
An order under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2023 No 46 s 497
| 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. | ||||
51 Application of Order in Council
An Order in Council does not apply to or affect—
(a)
any application for a coastal permit made before the date on which the Order in Council comes into force:
(b)
any application, whether made before or after the date on which the Order in Council comes into force, for a coastal permit to do something—
(i)
that otherwise would contravene section 23, 24, 25, or 26; or
(ii)
that otherwise would contravene section 21 (other than something described in clause 48(1) that is the subject of the Order in Council):
(c)
any application for a coastal permit to which section 195(a) applies and any coastal permit granted as a result of any such application:
(d)
any of the following in force or being carried out on the date on which the Order in Council comes into force:
(i)
a coastal permit:
(ii)
a permitted activity in the coastal marine area:
(iii)
another lawful activity.
Compare: 2023 No 46 s 498
52 Publication, etc, of Order in Council
The Minister must, as soon as practicable,—
(a)
cause a copy of every Order in Council to be served on the appropriate regional council; and
(b)
cause a notice of the making of the Order in Council and its effect to be served on—
(i)
the Minister for the Environment:
(ii)
every territorial authority whose district or any part of whose district is situated within the region to which the Order in Council relates:
(iii)
the tangata whenua of that region, through iwi authorities.
Compare: 2023 No 46 s 499
53 Particulars of Order in Council to be endorsed in natural environment plan
On receiving a copy of an Order in Council, the regional council must endorse particulars of it in the natural environment plan, but the endorsement does not form part of the natural environment plan.
Compare: 2023 No 46 s 500
54 Effect of Order in Council
(1)
If an Order in Council is in force for any part of the coastal marine area, a consent authority must not grant a coastal permit authorising any activity to which this Part applies unless—
(a)
the applicant for that permit holds an authorisation for the activity; or
(b)
the Order in Council does not require such an authorisation to be held.
(2)
Subclause (1) is subject to clause 51.
Compare: 2023 No 46 s 501
55 Calling of public tenders for authorisations
(1)
If an Order in Council is in force for any part of the coastal marine area, the Minister may, at any time by a publicly notified tender, offer authorisations for the whole or any portion of that part for all or any of the activities to which the Order in Council applies.
(2)
The public notice of every offer must be made in accordance with any requirements prescribed in regulations.
(3)
The Minister may amend, revoke, or replace any notice before the time by which tenders must be received expires.
(4)
In conducting a tender under this clause, the Minister must give effect to any preferential right to which clause 22(1) applies, as if they were conducting a tender under clause 21.
Compare: 2023 No 46 s 502
56 Requirements of tender
(1)
Every tender for an authorisation must specify—
(a)
the activity or range of activities for which the authorisation is sought; and
(b)
for an authorisation to remove any sand, shingle, shell, or other natural material, the maximum period of any proposed coastal permit, and the maximum amount of material proposed to be extracted under the permit; and
(c)
the total remuneration offered, including—
(i)
any initial payment for the authorisation:
(ii)
any royalty for the extraction of material, and any proposed formula for adjustment of royalty.
(2)
The tender must be accompanied by—
(a)
the prescribed fee (if any) and, if an initial payment for the authorisation is offered, a cash deposit of that payment or equivalent security to the satisfaction of the Minister; and
(b)
any additional information specified in the public notice calling for tenders.
Compare: 2023 No 46 s 503
57 Acceptance of tender, etc
(1)
The Minister may, after having regard to the matters specified in subclause (2),—
(a)
accept any tender, whether or not it is the highest tender; or
(b)
enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or
(c)
reject all tenders and call for new tenders under clause 55.
(2)
The matters concerned are—
(a)
the interests (including the financial interests) of the Crown in the coastal marine area; and
(b)
the financial and other circumstances of the tenderers; and
(c)
any other matters the Minister considers relevant.
(3)
If the Minister decides to accept a tender or reject all tenders, the Minister—
(a)
must without delay give written notification of the decision to the appropriate regional council and every tenderer; and
(b)
must include reasons for the decision and details of the successful tenderer and the nature of the activity to which the tender relates.
(4)
If the Minister reaches an agreement with a tenderer under subclause (1)(b), the Minister must without delay give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates.
Compare: 2023 No 46 s 504
58 Notice of acceptance of tender
(1)
Every tender accepted in accordance with clause 57 must be by written notice of acceptance given by the Minister to the successful tenderer.
(2)
At the same time as giving any written notice of acceptance, the Minister must also give written notice to every other tenderer of the failure of their tender and, on request, return all documents submitted with each unsuccessful tender.
Compare: 2023 No 46 s 505
59 Grant of authorisation
(1)
If the Minister gives notice of acceptance of a tender or enters into an agreement satisfactory to the Minister under clause 57(1)(b), the Minister must grant a written authorisation, in any form they think appropriate, to the successful tenderer or the person with whom the agreement was entered into.
(2)
The Minister must cause a copy of every authorisation to be given to the appropriate regional council.
(3)
Clauses 17 to 19 apply to an authorisation granted under this clause.
Compare: 2023 No 46 s 506
60 Tender money
(1)
If a person to whom an authorisation has been granted forwarded an initial payment to the Minister under clause 56(2), the money becomes the property of the Crown and, on granting the authorisation, the Minister must cause that money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
(2)
If an authorisation granted to a person to whom subclause (1) applies has lapsed under clause 19, the Minister must cause 80% of the initial payment to be refunded to that person from a Crown Bank Account.
(3)
If any tenderer who has failed to obtain an authorisation forwarded an initial payment to the Minister under clause 56(2), the Minister must, as soon as practicable, cause that money to be refunded to that tenderer.
Compare: 2023 No 46 s 510
Schedule 5 Water conservation orders
Contents
Purpose and meaning
1 Purpose of water conservation orders
(1)
The purpose of a water conservation order is to recognise and sustain—
(a)
outstanding amenity or intrinsic values that are provided by waters in their natural state:
(b)
if waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.
(2)
A water conservation order may provide for any of the following:
(a)
the preservation as far as possible in its natural state of any water body that is considered to be outstanding:
(b)
the protection of characteristics that any water body has or contributes to, and that are considered to be outstanding,—
(i)
as a habitat for terrestrial or aquatic organisms:
(ii)
as a fishery:
(iii)
for its wild or other natural characteristics:
(iv)
for scientific and ecological values:
(v)
for recreational or historical purposes:
(c)
the protection of characteristics that any water body has or contributes to, and that are considered to be of outstanding significance to Māori.
2 Meaning of water conservation order
(1)
A water conservation order is an order that—
(b)
imposes restrictions or prohibitions on the performance or exercise of regional councils’ functions or powers under section 228(2)(a) and (b) in relation to water.
(2)
The restrictions or prohibitions include those that relate, in particular, to—
(a)
the quantity, quality, rate of flow, or level of a water body; and
(b)
the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for a water body; and
(c)
the maximum allocation for abstraction consistent with the purposes of the order; and
(d)
the maximum contaminant concentrations and loading consistent with the purposes of the order; and
(e)
the ranges of temperature and pressure in a water body.
3 Legal effect of water conservation order
(1)
A water conservation order does not affect or restrict any permit granted or any lawful use established in respect of a water body before the order is made.
(2)
If a water conservation order is operative, the relevant permit authority—
(a)
must not grant a water permit, coastal permit, or discharge permit if the grant of that permit would be inconsistent with any restriction or prohibition or any other provision of the order:
(b)
must not grant a water permit, a coastal permit, or a discharge permit to discharge water or contaminants into water unless the grant of the permit or the combined effect of the grant of the permit and existing water permits and discharge permits and existing lawful discharges into the water or taking, use, damming, or diversion of the water is such that the provisions of the water conservation order can remain without change or variation:
(c)
must, in granting any water permit, coastal permit, or discharge permit, impose any conditions that are necessary to ensure that the provisions of the water conservation order are maintained:
(d)
must undertake, in relation to the order, the functions relating to monitoring specified in section 231.
(3)
The regional council for the region to which a water conservation order applies must—
(a)
review the operation and performance of the order and, if practicable, undertake the review when reviewing a natural environment plan under section 119; and
(b)
publish a report on the findings of its review of the order and provide a copy of the report to the chief executive.
(4)
On receiving a copy of the report, the chief executive must provide to the Minister advice on that review and any matters arising from it, including whether any action may be appropriate in response to the review.
(5)
A review of a water conservation order does not affect the status or effect of the order.
4 How to apply for water conservation order
(1)
Any person may, on payment of any prescribed fee, apply to the Minister to make a water conservation order for a water body.
(2)
The application must—
(a)
identify the water body for which an order is sought; and
(b)
(c)
describe the provisions that, in the applicant’s opinion, should be included in a water conservation order and the effect that the provisions would have on the water body.
(3)
The Minister may, by notice in writing, require the applicant to supply any further information relating to the application that the Minister considers necessary.
Appointment of, and process to be followed by, special tribunal
5 Appointment of special tribunal
(1)
When the Minister receives an application for a water conservation order, the Minister must, as soon as practicable,—
(a)
appoint a special tribunal to hear and report on the application and notify the applicant of the decision to appoint a special tribunal; or
(b)
reject the application and notify the applicant of the decision, giving reasons for rejecting the application.
(2)
Before appointing a special tribunal, the Minister must, if appropriate, consult the Minister for Māori Development, the Minister of Conservation, and the Commissioner of Crown Lands on the membership of the tribunal.
6 Administrative matters relating to special tribunal
(1)
A special tribunal appointed under clause 5 must have—
(a)
no fewer than 3, and no more than 5, members; and
(b)
a chairperson appointed by the Minister or by the members, if the Minister declines to do so.
(2)
If the Minister directs, members must be paid out of money appropriated by Parliament for the purpose, in accordance with the Fees and Travelling Allowances Act 1951,—
(a)
remuneration by way of fees, salary, or allowances; and
(b)
travelling allowances and expenses in accordance with that Act for time spent travelling in the service of the tribunal.
(3)
A member of a special tribunal is not liable for anything the member does or omits to do in good faith in performing or exercising the functions, duties, and powers of the tribunal.
7 Public notification of application
(1)
A special tribunal must, as soon as practicable after it is appointed under clause 5, ensure that—
(a)
public notice of the application is given; and
(b)
a short summary of the application is published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin with details of the internet site where the notice may be accessed; and
(c)
any other public notice of the application is given that the tribunal considers appropriate; and
(d)
notice of the application is served on—
(i)
the applicant; and
(ii)
all relevant local authorities; and
(iii)
the relevant iwi authorities; and
(iv)
persons who hold relevant natural resource permits; and
(v)
any other persons that the tribunal considers appropriate.
(2)
The notices required under this clause must be in the prescribed form and must—
(a)
describe the application and where it and all relevant information the special tribunal holds may be viewed; and
(b)
state that any person may make a submission on the application in writing, stating their preference under clause 8(4); and
(c)
enable the tribunal to consider wider matters than those raised in the application; and
(d)
state the closing date for the tribunal to receive submissions, which must be the 20th working day after the application is notified or a later date if an extension of time is agreed and notified under section 319; and
(e)
state the address for service of the tribunal and each applicant.
(3)
The special tribunal may request further information from the applicant at any reasonable time before the hearing, applying the requirements of section 148 as if references to the permit authority were references to the special tribunal, and references to a permit were references to an order.
8 Submissions to special tribunal
(1)
Any person may make a submission to the special tribunal on an application notified under clause 7.
(2)
Submissions must be made in a form approved by the Minister for the purpose and must be served not later than the date under clause 7(2)(d) on—
(a)
the relevant local authorities in the region; and
(b)
all applicants.
(3)
The requirements of section 336 (waiver and extension of time limits) apply.
(4)
(5)
If a submission does not include all the information required by subclause (4), the tribunal may still consider the submission.
(6)
A special tribunal may, by notice in writing, require a submitter to supply further information relating to the submission that the tribunal considers necessary.
9 Hearing by special tribunal
(1)
The Minister must, without delay, provide the application and any other relevant information to the special tribunal appointed under clause 5.
(2)
Sections 157 and 158 of the Planning Act 2026 apply as if references in those provisions—
(a)
to a consent authority were references to a special tribunal; and
(b)
to a planning consent were references to a water conservation order.
(3)
If a special tribunal directs an applicant or a submitter to provide briefs of evidence by a certain date (which must be at least 10 working days before a hearing), the hearing date must be not more than 40 working days after the closing date for submissions.
(4)
If a special tribunal does not give a direction, the hearing date must be within 25 working days after the closing date for submissions.
(5)
A hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates.
10 Matters to be considered
(1)
In considering an application under this Part, a special tribunal must have particular regard to—
(a)
the purpose of a water conservation order; and
(b)
the matters set out in clause 1(2).
(2)
The special tribunal must also have regard to—
(a)
the application and all submissions; and
(b)
the needs of primary and secondary industry, and of the community; and
(c)
the relevant provisions of every national standard, national policy direction, regional spatial plan, natural environment plan, and land use plan, and any proposed plan.
(3)
The special tribunal must have regard to any report published under clause 3(3)(b) when performing its functions in relation to an application under clause 15 for the revocation or amendment of a water conservation order.
11 Special tribunal to report on application
(1)
As soon as is reasonably practicable after the close of a hearing, a special tribunal must prepare a report on the application and give notice in accordance with subclause (2).
(2)
The notice must—
(a)
either include a draft water conservation order, or state that the tribunal recommends that the application be declined; and
(b)
state the reasons for the tribunal’s conclusion; and
(c)
be sent to the applicant, the Minister, the regional council, the relevant territorial authorities, the relevant iwi authorities, and every person who made a submission on the application.
12 Appeal to Environment Court on point of law
(1)
Any of the following persons may appeal to the Environment Court against a decision of a special tribunal on a question of law:
(a)
the applicant for the proposed water conservation order to which the report relates:
(b)
any person who made a submission to the special tribunal under clause 8:
(c)
any other person to whom the Environment Court grants leave to make a submission on the grounds that the person could not reasonably have been expected to know that the report of the special tribunal would affect the person or an aspect of the public interest that that person represents.
(2)
An appeal must be made by lodging a notice of appeal no later than 30 working days after the date of notification of the decision under clause 11.
(3)
A notice of appeal must be served on the persons listed in subclause (1) within 5 working days after the date on which the notice of appeal is lodged.
(4)
A decision of the Environment Court under this clause may be appealed against under clause 74 of Schedule 9 of the Planning Act 2026.
Making, and revoking or amending, water conservation order
13 Making of water conservation order
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order in respect of any water body.
(2)
The Minister must not make a recommendation for the purposes of subclause (1)—
(a)
except in accordance with the report of the special tribunal under clause 11; and
(b)
unless all appeals under clause 12 have been determined.
(3)
A water conservation order is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 214; 2023 No 46 s 379
| 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. | ||||
14 Minister’s obligation to state reasons for not accepting recommendation
If a special tribunal report under clause 11 recommends that a water conservation order be made and the Minister decides not to recommend that the Governor-General make the order, then the Minister must,—
(a)
within 20 sitting days after making their decision, present to the House of Representatives a written statement setting out the reasons for their decision; and
(b)
within 20 working days after making their decision, serve the written statement on—
(i)
the applicant; and
(ii)
every person who made a submission to the special tribunal; and
(iii)
every party to an appeal under clause 12.
15 Revocation or amendment of water conservation order
(1)
The following apply until the expiry of 2 years after the date on which a water conservation order is made:
(a)
an application must not be made to the Minister to revoke the order; and
(b)
the Minister must not recommend to the Governor-General that an order be made to revoke the order.
(2)
A person may apply to the Minister to revoke or amend a water conservation order, stating the reasons for the application, except as provided in subclause (1).
(3)
If the Minister receives an application under subclause (2), the Minister may recommend that the order be amended if—
(a)
the Minister is of the opinion that the application should be accepted, but that there is no need to hold an inquiry because the amendment—
(i)
would have only minor effect; or
(ii)
is of a technical nature and would not prevent the order from achieving any purpose for which it was made; and
(b)
the original applicant for the order (if that person can be located) and the regional council agree to the amendment.
(4)
An application made under subclause (2) for the revocation or amendment of a water conservation order must be dealt with in the same manner as an application for an order under clause 4, except as provided in subclause (3).
Schedule 6 Freshwater farm plans
Contents
1 Purpose
The purpose of this schedule is to better control the adverse effects of farming on freshwater and freshwater ecosystems within specified districts, regions, or parts of New Zealand through the use of freshwater farm plans.
Compare: 1991 No 69 s 217A
2 Interpretation
In this schedule, unless the context otherwise requires,—
approved industry organisation means an industry organisation approved under clause 13
arable land use means the use of land to grow any of the following crops for harvest:
(a)
grain cereal, legumes, or pulse grain:
(b)
herbage seed:
(c)
oilseed:
(d)
maize grain, maize silage, cereal silage, or mangels:
(e)
crops grown for seed multiplication:
(f)
a crop prescribed in regulations made under clause 15(1)(a)
auditor means a person who—
(a)
is appointed under clause 12 or by an approved industry organisation; and
(b)
meets the criteria prescribed in regulations made under clause 15(1)(j)
certified freshwater farm plan means a freshwater farm plan certified under clause 8, as required by clause 6(3), and as amended from time to time in accordance with clause 6(5) or (6)
certifier means a person who—
(a)
is appointed under clause 12 or by an approved industry organisation; and
(b)
meets the criteria prescribed in regulations made under clause 15(1)(j)
farm means a farm where all or part of the farm is—
(a)
arable land use; or
(b)
horticultural land use; or
(c)
pastoral land use; or
(d)
other agricultural land use prescribed in regulations made under clause 15(1)(b); or
(e)
any combination of the above
farm operator means the person with ultimate responsibility for the operation of a farm
freshwater farm plan means a freshwater farm plan required under clause 5
horticultural land use means the use of land to grow food or beverage crops for human consumption (other than arable crops), or flowers for commercial supply
limited certified freshwater farm plan means the part or parts of a freshwater farm plan certified under clause 8, as required by clause 6(4), and as amended from time to time in accordance with clause 6(5) or (6)
pastoral land use means the use of land for the grazing of livestock
prescribed activity means a farm activity identified in regulations as requiring a limited certified freshwater farm plan
regulations means regulations made under clause 15
relevant regional council means the regional council (as defined in section 3) in whose jurisdiction the farm is located
specified instrument means any designation, national standard, regulations made under Part 6, natural resource permit, rule in a natural environment plan, or water conservation order
statutory land use area threshold,—
(a)
in relation to a land use described in any of paragraphs (a), (b), (c), and (e) of clause 5(1), means the area specified in that clause for that land use:
(b)
in relation to the land use described in clause 5(1)(d), means the area prescribed in regulations made under clause 15 for that land use.
Compare: 1991 No 69 s 217B
3 Application of this schedule
(1)
This schedule applies only—
(a)
to a region, district, or part of New Zealand specified in an Order in Council under this clause; and
(b)
on and from the date specified in the Order in Council (but see clause 4, which relates to when this schedule ceases to apply).
(2)
The Governor-General may, by Order in Council, on the recommendation of the Minister, determine—
(a)
that this schedule applies to a specified district, region, or part of New Zealand; and
(b)
the date on which this schedule applies to that district, region, or part of New Zealand.
(3)
The Governor-General may, by Order in Council, on the recommendation of the Minister, in relation to a region, district, or part of New Zealand to which this schedule applies,—
(a)
disapply a statutory land use area threshold; or
(b)
disapply a statutory land use area threshold and prescribe a higher land use area threshold in its place; or
(c)
disapply a statutory land use area threshold and prescribe a lower land use area threshold in its place.
(4)
Before making a recommendation under subclause (2) or (3), the Minister must—
(a)
be satisfied that the order is necessary to achieve the purpose of this schedule in the specified district, region, or part of New Zealand; and
(b)
consult the Minister of Agriculture.
(5)
An order under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 217C
| 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. | ||||
4 When this schedule ceases to apply
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister, amend an Order in Council under clause 3 to—
(a)
cease the application of this schedule to a district, region, or part of New Zealand specified in that Order in Council; and
(b)
provide for the date on which this schedule ceases to apply to the specified district, region, or part of New Zealand.
(2)
Before making a recommendation under subclause (1), the Minister must—
(a)
be satisfied that regulations are no longer necessary to achieve the purpose of this schedule in the specified district, region, or part of New Zealand; and
(b)
consult the Minister of Agriculture.
(3)
An order under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 217CA
| 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 Farm must have freshwater farm plan if it meets land use threshold
(1)
A farm must have a freshwater farm plan if—
(a)
50 or more hectares of the farm is pastoral or arable; or
(b)
50 or more hectares of the farm is viticultural or orcharding land use; or
(c)
5 or more hectares of the farm is horticultural land use other than viticultural or orcharding land use; or
(d)
a prescribed area of the farm is other agricultural land use prescribed in regulations made under clause 15(1)(c); or
(e)
50 or more hectares of the farm is a combination of 2 or more of the land uses set out in paragraphs (a) to (d); or
(f)
the farm holds a Dairy Supply Number.
(2)
However,—
(a)
if an order made under clause 3(3)(a) disapplies a statutory land use area threshold, a farm is not subject to that threshold; and
(b)
if an order made under clause 3(3)(b) disapplies a statutory land use area threshold and prescribes a higher land use area threshold in its place, a farm is subject to the higher threshold; and
(c)
if an order made under clause 3(3)(c) disapplies a statutory land use area threshold and prescribes a lower land use area threshold in its place, a farm is subject to the lower threshold.
(3)
A freshwater farm plan applies to the entire farm.
Compare: 1991 No 69 s 217D
6 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 schedule 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 schedule 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 schedule 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 subclause (3) if—
(a)
the farm operator is not required under subclause (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 subclause (3) if subclause (4) applies and the farm operator chooses to have all of the farm’s freshwater farm plan certified.
Compare: 1991 No 69 s 217E
7 Contents of freshwater farm plan
A freshwater farm plan must—
(a)
identify adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems and any relevant human health or environmental limits to which those adverse effects on freshwater may contribute; and
(b)
specify requirements that—
(i)
are appropriate for the purpose of avoiding, remedying, mitigating, or of offsetting or compensating when appropriate and enabled in a plan, the adverse effects of those activities on freshwater and freshwater ecosystems; and
(ii)
are clear and measurable; and
(c)
demonstrate how any outcomes prescribed in regulations are to be achieved; and
(d)
comply with any other requirements in regulations; and
(e)
comply with clause 14.
Compare: 1991 No 69 s 217F
8 Certification of freshwater farm plan
(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.
(2)
(3)
The certifier must, as soon as practicable, notify the relevant regional council—
(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, of the prescribed activities to which the certification applies; and
(c)
of the date on which the freshwater farm plan or part of a freshwater farm plan was certified.
(4)
This clause applies, with any necessary modifications, to a certified freshwater farm plan or a limited certified freshwater farm plan that is required by regulations to be amended and recertified.
Compare: 1991 No 69 s 217G
9 Audit of farm for compliance with freshwater farm plan
(1)
A farm operator must, if the farm is required under clause 6(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.
(2)
The audit must be completed in the manner prescribed in regulations.
(3)
The farm operator must provide the auditor with reasonable access to the farm (or any part of it) for the purpose of any audit inspection.
Compare: 1991 No 69 s 217H
10 Functions of regional councils
(1)
For the purposes of this schedule, a regional council has the following functions:
(a)
to enforce the observance of the requirements of this schedule and regulations to the extent that its powers under this Act enable it to do so; and
(b)
to monitor compliance by farm operators with their duties under this schedule and with any requirements in regulations; and
(c)
to receive notifications of freshwater farm plans that have been certified in whole or in part; and
(d)
to appoint certifiers and auditors under clause 12; and
(e)
to receive audit reports and related notifications from auditors; and
(f)
to monitor the delivery of certification or audit services, or both, by approved industry organisations in the council’s region for compliance with this schedule and with any applicable requirements prescribed in regulations.
(2)
A regional council may do all or any of the following:
(a)
require a farm operator to produce a freshwater farm plan for inspection:
(b)
require information from an approved industry organisation that the council considers reasonably necessary for carrying out its functions under this clause:
(c)
notify the Minister of any significant or persistent concerns regarding the performance under this schedule of an approved industry organisation operating in the council’s region, including concerns arising in the course of the council’s exercise of its functions under subclause (1)(f).
Compare: 1991 No 69 s 217I
11 Records that must be kept by regional council
A regional council must keep and maintain, in relation to each farm in its jurisdiction, a record of—
(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)
in the case of a limited certified freshwater farm plan, the prescribed activity or activities to which certification relates; and
(d)
if the farm is required under clause 6(2)(c) to be audited, the date on which the farm was last audited for compliance with the freshwater farm plan; and
(e)
any other information required by regulations.
Compare: 1991 No 69 s 217J
12 Regional council must appoint certifiers and auditors
(1)
A regional council must—
(a)
appoint 1 or more certifiers; and
(b)
appoint 1 or more auditors.
(2)
A regional council may make an appointment under this clause only if satisfied that criteria prescribed in regulations have been met.
Compare: 1991 No 69 s 217K
13 Minister may approve industry organisation to provide certification or audit services
(1)
The Minister may, on application, approve an industry organisation to provide certification or audit services, or both, under this schedule to its members—
(a)
if the Minister is satisfied that the organisation meets any applicable eligibility requirements prescribed in regulations; and
(b)
after consulting regional councils and the Minister of Agriculture.
(2)
An approved industry organisation may appoint certifiers or auditors if it is satisfied that the applicable requirements have been met as prescribed in regulations.
(3)
The Minister may revoke an industry organisation’s approval—
(a)
if the Minister is satisfied that the applicable requirements for revocation have been met, as prescribed in regulations; and
(b)
after consulting regional councils, the Minister of Agriculture, and the industry organisation.
(4)
An approval or a revocation of approval of an industry organisation may apply either nationally or in respect of 1 or more regions.
(5)
Any appointment of certifiers or auditors that was made by an approved industry organisation under subclause (2) ceases to the extent that the industry organisation’s approval is revoked under subclause (3).
(6)
The Minister may request from an industry organisation information that the Minister considers reasonably necessary before deciding to approve the organisation or revoke its approval.
Compare: 1991 No 69 s 217KA
14 Relationship between freshwater farm plan and specified instruments
(1)
A freshwater farm plan may contain a requirement that—
(a)
relates to an activity carried out on the farm (an activity) even if there is no similar requirement relating to that activity in a provision of a specified instrument; or
(b)
restricts an activity more than a provision of a specified instrument.
(2)
However, if a provision of a specified instrument restricts an activity more than a requirement of a freshwater farm plan, the provision of the specified instrument prevails.
(3)
To avoid doubt, compliance with a requirement of a certified freshwater farm plan or a limited certified freshwater farm plan—
(a)
does not of itself authorise a person to undertake an activity:
(b)
may be specified or included as a requirement or condition in any specified instrument relating to an activity.
Compare: 1991 No 69 s 217L
15 Regulations relating to freshwater farm plans
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—
(a)
prescribe crops for the purposes of the definition of arable land use in clause 2:
(b)
prescribe agricultural land uses for the purposes of the definition of farm in clause 2:
(c)
prescribe the area of land described in clause 5(1)(d) (in relation to agricultural land use prescribed under paragraph (b)):
(d)
prescribe the kinds of farm activities or catchments in respect of which a certified freshwater farm plan or a limited certified freshwater farm plan is required:
(e)
provide for the content of a freshwater farm plan, including (without limitation) specifying—
(i)
any requirements, including actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, minimising, remedying, or of offsetting or compensating when appropriate and enabled in a plan, adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
(ii)
outcomes that must be achieved for the purpose of avoiding, minimising, remedying, or of offsetting or compensating when appropriate and enabled in a plan, those adverse effects on freshwater and freshwater ecosystems; and
(iii)
any requirements, including actions, criteria, methods, thresholds, or outcomes, for the purpose of achieving relevant human health or environmental limits; and
(iv)
any other information that must be included in the plan for the purpose of this schedule:
(f)
provide for the form and manner in which a freshwater farm plan or part of a plan that must be certified is certified, including (without limitation) prescribing—
(i)
time frames that must be complied with by the farm operator and certifier; and
(ii)
any fees payable by the farm operator or the manner of calculating those fees:
(g)
prescribe the circumstances in which a certified freshwater farm plan or a limited certified freshwater farm plan must be amended and recertified:
(h)
prescribe requirements that must be met for the approval of industry organisations under clause 13 or the revocation of their approval, including any further obligations for approved industry organisations:
(i)
provide for the form and manner in which a farm or part of a farm that must be audited for compliance with a freshwater farm plan or part of a freshwater farm plan is audited, including (without limitation) prescribing—
(i)
the time frame within which a farm must be audited; and
(ii)
the frequency with which those audits must be carried out; and
(iii)
the period after which the auditor must provide their final report; and
(iv)
any matters that an auditor must take into account when considering whether the farm achieves compliance with the freshwater farm plan; and
(v)
the information that the farm operator must provide to the auditor for the purpose of the audit; and
(vi)
any fees payable by the farm operator or the manner of calculating those fees:
(j)
prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role:
(k)
require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of clause 10:
(l)
prescribe information that a regional council must keep in relation to farms in its jurisdiction:
(m)
prescribe infringement offences for the contravention of, or non-compliance with, a provision of this schedule or of any regulations made under this clause:
(n)
provide for any other matters that are contemplated by, or necessary for giving full effect to, this schedule and for its due administration.
(2)
Regulations under this clause may apply generally or to specified districts, regions, or parts of New Zealand.
(3)
Regulations under this clause may apply to all certifiers or auditors generally, or may apply only to certifiers and auditors appointed—
(a)
by a regional council under clause 12(1); or
(b)
by an approved industry organisation under clause 13(2).
(4)
Regulations under this clause may incorporate material by reference under section 91 (which applies as if references in that section to national standards were references to regulations under this clause).
(5)
Regulations under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 217M
| 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 7 Statutory acknowledgements
Legislative history
9 December 2025 |
Introduction (Bill 234–1) |
|
16 December 2025 |
First reading and referral to Environment Committee |
|
20 July 2026 |
Reported from Environment Committee (Bill 234–2) |
|
4 August 2026 |
Second reading |
|
25 August 2026 |
Committee of the whole House (Bill 234–3) |
|
22 September 2026 |
Third reading |
|
30 September 2026 |
Royal assent |
This Act is administered by the Ministry for Cities, Environment, Regions, and Transport.
Versions
Natural Environment Act 2026
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