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Amendment paper Bill enacted Released 22 October 2024 | Hon Chris Bishop

Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 127

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Amendment paper Bill enacted Released 22 October 2024 | Hon Chris Bishop

Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 127

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No 127

House of Representatives

Amendment Paper

Resource Management (Freshwater and Other Matters) Amendment Bill

Proposed amendments

Hon Chris Bishop, in Committee, to move the following amendments:

New clause 18

After clause 17 (page 8, after line 32), insert:

18 Section 58D amended (Preparation of national planning standards)

Repeal section 58D(3)(b).

New clauses 23B, 23C, and 24

After clause 23A (page 12, after line 16), insert:

23B Section 217C amended (Application of this Part)

In section 217C(1)(b), after “Council”, insert “(but see section 217CA, which relates to when this Part ceases to apply)”.

23C New section 217CA inserted (When this Part ceases to apply)

After section 217C, insert:

217CA When this Part ceases to apply

(1)

The Governor-General may, by Order in Council, on the recommendation of the Minister, amend an Order in Council under section 217C to—

(a)

cease the application of this Part to a district, region, or part of New Zealand specified in that Order in Council; and

(b)

provide for the date on which this Part ceases to apply to the specified district, region, or part of New Zealand.

(2)

Before making a recommendation under subsection (1), the Minister must—

(a)

be satisfied that regulations are no longer necessary to achieve the purpose of this Part in the specified district, region, or part of New Zealand; and

(b)

consult the Minister of Agriculture.

(3)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

24 Section 360B amended (Conditions to be satisfied before regulations made under section 360A)

Repeal section 360B(2)(d).

Schedule 1: new Part 7 of Schedule 12

In Schedule 1, new Part 7 of Schedule 12, after new clause 44 (page 16, after line 7), insert:

45 Part 9A ceases to apply to specified districts, regions and parts of New Zealand

(1)

Part 9A ceases, on commencement, to apply to any district, region, or part of New Zealand specified in the Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023.

(2)

Any freshwater farm plans that, before commencement, have been certified or audited under Part 9A cease to have effect.

Schedule 2

In Schedule 2, insert as the first item:

Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023 (SL 2023/114)

Revoke the Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023.

Explanatory note

This Amendment Paper amends the Resource Management (Freshwater and Other Matters) Amendment Bill (the Bill) by—

  • making amendments that relate to the application of Part 9A of the Resource Management Act 1991 (the Act); and

  • consequentially removing requirements for evaluation reports in sections 58D and 360B of the Act (as a result of changes to section 32 of the Act).

Part 9A of the Act (Part 9A) requires certain farms to have, and operate in compliance with, certified freshwater farm plans. Part 9A applies only to districts, regions, or parts of New Zealand that are specified in an Order in Council made under section 217C of the Act.

This Amendment Paper—

  • provides that on the commencement of the Bill, Part 9A ceases to apply to the districts, regions, and parts of New Zealand specified in the Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023; and

  • revokes that order; and

  • enables Part 9A to be disapplied by Order in Council on the recommendation of the Minister for the Environment after—

    • being satisfied that the regulations are no longer necessary to achieve the purpose of Part 9A in the specified district, region, or part of New Zealand; and

    • consulting the Minister of Agriculture.

Departmental disclosure statement

The Ministry for the Environment is required to prepare a disclosure statement to assist with the scrutiny of this Amendment Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=ap&subtype=government&year=2024&no=127&

Regulatory impact statement

The Ministry for the Environment produced a regulatory impact statement in July 2024 to help inform the new policy decisions taken by the Government relating to the contents of this Amendment Paper.

A copy of this regulatory impact statement can be found at—
Amendment paper Bill enacted Released 22 October 2024

Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 127

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