Hon Dr Nick Smith
Government Bill
18—2
As reported from the Local Government and Environment Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Interpretation
4A New section 2AA inserted
2AA Definitions relating to notification
5 Act to bind the Crown
6 New section 9 substituted
9 Restrictions on use of land
7 Certain existing uses in relation to land protected
8 Certain existing building works allowed
9 Restrictions on subdivision of land
10 Restrictions on use of coastal marine area
11 Restriction on certain uses of beds of lakes and rivers
12 Restrictions relating to water
13 Discharge of contaminants into environment
14 Duty to avoid unreasonable noise
15 Duty to avoid, remedy, or mitigate adverse effects
16 Sections 19 and 20 and heading above section 19 repealed
17 New heading inserted
Certain existing lawful activities allowed
18 New section 22 substituted
22 Duty to give certain information
18A Functions of Minister for the Environment
18B Power of Minister for the Environment to investigate and make recommendations
19 New section 25B inserted
25B Ministers may direct commencement of review
20 Functions of Minister of Conservation
20A New section 28A substituted
28A Regional council must supply information to Minister of Conservation
21 Delegation of functions by Ministers
22 Delegation of powers and functions to employees and other persons
23 Duty to gather information, monitor, and keep records
23A Duty to keep records about iwi and hapu
24 Administrative charges
25 New section 36AA inserted
36AA Local authority to adopt policy on discounting administrative charges for failure to meet consent processing deadlines
36AA Local authority policy on discounting administrative charges
25A Requirements for waivers and extensions
26 Persons to have powers of consent authority for purposes of sections 37 and 37A
27 Authorisation and responsibilities of enforcement officers
27A Hearings to be public and without unnecessary formality
28 Provisions relating to hearings
29 Control of hearings
29A Directions to provide evidence within time limits
30 New sections 41BA and 41BB inserted
41BA Reports before hearings
41BB Reports at hearings
31 Directions and requests before or at hearings
32 New section 41D inserted
33 Protection of sensitive information
34 Section 42A and heading above section 42A repealed
34 Reports to local authority
35 New Part 4A inserted
Part 4AEnvironmental Protection Authority
42B Establishment of Environmental Protection Authority
42C Functions of Authority
36 Secretary for the Environment to exercise functions of Authority
37 New sections 43AA to 43AAC inserted
43AA Interpretation
43AAB Meaning of district rule and regional rule
43AAC Meaning of proposed plan
38 Additional powers to implement national environmental standards
39 Relationship between national environmental standards and rules or consents
40 New sections 44 and 44A substituted
44 Restriction on power to make national environmental standards
44A Local authority recognition of national environmental standards
41 Minister chooses process
42 Board of inquiry
43 New section 47A inserted
47A Board of inquiry to suspend consideration or consider additional material
44 Conduct of hearing
45 Matters to be considered and board of inquiry's report
46 New section 51A inserted
51A Withdrawal of proposed national policy statement
47 Consideration of recommendations and approval of statement
48 Local authority recognition of national policy statements
48A Contents of New Zealand coastal policy statements
49 Matters to be considered by regional council (policy statements)
50 Matters to be considered by regional council (plans)
50A Regional rules
51 Matters to be considered by territorial authority
52 District rules
53 New sections 77A and 77B substituted
77A Power to make rules to apply to classes of activities and specify conditions
77B Duty to include certain rules in relation to controlled or restricted discretionary activities
54 Sections 77C and 77D repealed
54 Section 77C repealed
54A New section 77D substituted
77D Rules specifying activities for which consent applications must be notified or are precluded from being notified
55 Section 78A repealed
56 Review of policy statements and plans
56 New section 79 substituted
79 Review of policy statements and plans
57 New section 80 substituted
80 Combined regional and district documents
58 Disputes
59 New heading and sections 86A to 86G inserted
Legal effect of rules
86A When rules in proposed plans and changes have legal effect
86B Rule to which section 86A applies excluded from reference to rule in this Act
86C Certain rules in proposed plans to be operative
86A Purpose of sections 86B to 86G
86B When rules in proposed plans and changes have legal effect
86C When rule has legal effect if decision to delay its effect is rescinded
86D Environment Court may order rule to have legal effect from date other than standard date
86E Local authorities must identify rules having early or delayed legal effect
86F When rules in proposed plans must be treated as operative
86G Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
60 New sections 87A to 87G inserted
87A Classes of activities
87B Certain activities to be treated as discretionary activities or prohibited activities
Streamlining decision-making on resource consents
87BA Sections 87C to 87G apply to resource consent applications
87C Request for application to go directly to Environment Court
87CA Consent authority’s decision on request
87D Consent authority's subsequent processing
87E Environment Court determines application
87F Residual powers of consent authority
87G When consent authority must determine application
61 Description of type of activity to remain same
62 Processing provisions from which periods described in section 88C are excluded
63 Description of excluded periods
62 New sections 88B to 88E substituted
88B Time limits from which time periods are excluded
88C Excluded time periods relating to provision of further information
88D Excluded time periods relating to direct referral (for resource consents and also for notices of requirement)
88E Excluded time periods relating to other matters
63A New section 89A inserted
89A Applications affecting navigation to be referred to Maritime New Zealand
64 New section 92 substituted
64 Further information, or agreement, may be requested
65 Responses to request
66 New section 92AB inserted
67 Responses to notification
68 New sections 93 to 94AAE substituted
Public and other notification of applications
93 Definitions for purposes of sections 93A to 95
93A Forming opinion on whether person adversely affected
94 Notification of consent application at consent authority's discretion
94AA Circumstances in which consent application required to be publicly notified
94AAB Circumstances in which consent application required to be notified in limited manner
94AAC Circumstances in which consent application being publicly notified prohibited
94AAD Local authority may specify in plan or proposed plan types of activities for which consent applications to be publicly or otherwise notified
94AAE Special circumstances in which consent application publicly notified
69 Forming opinion as to whether adverse effects are minor or more than minor
70 Sections 94B, 94C, and 94D repealed
71 Time limit for notification
68 New heading and sections 93 to 95F substituted
Public notification and limited notification of applications
95 Time limit for public notification or limited notification
95A Public notification of consent application at consent authority's discretion
95B Limited notification of consent application
95C Public notification of consent application after request for further information or report
95D Consent authority decides if adverse effects may be more than minor
95E Consent authority decides if person is affected person
95F Consent authority decides if person is affected order holder
72 New section 96 substituted
96 Making submissions
73 New section 100A inserted
100A Hearing by commissioner if requested by applicant or submitter
73A Hearing date and notice
74 Joint hearings by 2 or more consent authorities
75 Combined hearings in respect of 2 or more applications
76 New section 103A inserted
103A Time limit for completion of adjourned hearing
77 Consideration of applications
78 Determination of applications for controlled activities
79 New section 104C substituted
104C Determination of applications for restricted discretionary activities
80 Decisions on applications to be in writing, etc
80A New section 115 substituted
115 Time limits for notification of decision
81 When resource consent commences
82 New section 117 substituted
117 Application to carry out restricted coastal activity
83 Sections 118 and 119 repealed
83A New section 119A substituted
119A Coastal permit for restricted coastal activity treated as if granted by regional council
84 Right to appeal
85 Procedure for appeal
86 Circumstances when consent conditions can be reviewed
86A Notice of review
87 Public notification, submissions, and hearing, etc
88 Matters to be considered in review
89 Decisions on review of consent conditions
90 Consent authorities to grant certificates of compliance
90 New section 139 substituted
139 Consent authorities and Environmental Protection Authority to issue certificates of compliance
91 New section 140 substituted
140 Meaning of applicant, local authority, and matter in sections 141 to 150AA
92 Application of sections 141A to 150AA to coastal marine areas
93 New section 141AA to 141AAI inserted
141AA Applicant may lodge certain matters with Environmental Protection Authority
141AAB Authority to make recommendation to Minister on matter
141AAC Authority may request further information
141AAD Minister's decision on Authority's recommendation
141AAE Authority to execute Minister's decision
141AAF Determination of matter by local authority
141AAG Applicant may lodge certain applications and notices of requirement with Authority if related to proposal of national significance
141AAH Authority to make recommendation to Minister
141AAI Minister's decision on Authority's recommendation
94 Minister's power to intervene
95 Minister's power to call in matters that are or are part of proposals of national significance
96 Local authority's obligations
97 Minister to notify direction
98 Minister to receive submissions
99 Minister to appoint board of inquiry
100 New sections 146A to 146D inserted
146A How members appointed
146B Conduct of inquiry relating to requests for regional plan or requests for changes
146C Process after board accepts request under section 146B
146D Manner in which board to consider proposed plan or change generated from request under section 146B
101 Conduct of inquiry
102 Board to produce draft report
103 Board to produce final report
104 Appeals on questions of law
105 Costs of process
106 Reference to Environment Court
91 New Part 6AA substituted
Part 6AAProposals of national significance
140 Outline of this Part
141 Interpretation
Subpart 1—Minister may call in matter
142 Minister may call in matter that is or is part of proposal of national significance
143 Proposals relating to coastal marine area
144 Minister must have regard to certain factors when making call in decision
How matter comes to Minister for call in decision
145 How matter comes to Minister for call in decision
146 Matter lodged with EPA
147 EPA to recommend course of action to Minister
148 Restriction on when Minister may call in matter if matter lodged with local authority
How matter processed after being called in
149 EPA must serve Minister's decision on local authority and applicant
149A EPA must give public notice of Minister's decision
149B Minister may direct EPA to delay giving public notice pending application for additional consents
149C EPA to receive submissions on matter for which call in decision publicly notified
149D EPA to receive further submissions if matter is proposed plan, change, or variation
149E EPA may request further information or commission report
149F EPA must provide board or Court with necessary information and serve notice on certain persons
149G Local authority's obligations where matter called in already lodged with local authority
149H Local authority may not notify further change or variation on same issue if change or variation called in
149I Limitation on withdrawal of change or variation that has been called in
Subpart 2—How called in matter decided
Matter decided by board of inquiry
149J Minister to appoint board of inquiry
149K How members appointed
149L Conduct of inquiry
149M Process if matter is request for regional plan or change and particular circumstances apply
149N Process if section 149J applies or proposed plan or change not yet prepared
149O Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
149P Consideration of matter by board
149Q Board to produce draft report
149R Board to produce final report
149S Local authority to implement board's decision
149T Minister may extend time by which board must report
Matter decided by Environment Court
149U Reference of called in matter to Environment Court
149V Consideration of matter by Environment Court
Appeals
149W Appeal from decisions only on question of law
Subpart 3—Miscellaneous obligations, costs, remuneration, allowances, etc
149X Residual powers of local authority
149Y Circumstances where EPA must notify local authority and applicant if matter is not called in
149Z Local authority must process matter not called in
149ZA Minister's powers in relation to matter not called in
149ZB How EPA must deal with certain applications and notices of requirement
149ZC Minister to decide whether application or notice of requirement to be notified
Costs of processes under this Part
149ZD Costs of processes under this Part recoverable from applicant
149ZE Remuneration, allowances, and expenses of boards of inquiry
107 Publication, etc, of Order in Council
108 Notice of requirement for designation by territorial authority
109 Further information, public notification, submissions, and hearing
109 New section 169 substituted
169 Further information, notification, submissions, and hearing for notice of requirement to territorial authority
110 Recommendation by territorial authority
111 Section 172 repealed
112 Notification of decision on designation
113 Appeals
114 Designation to be provided for in district plan
114 New section 175 substituted
175 Designation to be provided for in district plan
115 Effect of designation
116 Outline plan
117 Land subject to existing designation or heritage order
117A New section 178 substituted
178 Interim effect of requirements for designations
117B Appeals relating to sections 176 to 178
118 Notice of requirement by territorial authority
118 New section 189A substituted
189A Notice of requirement for heritage order by territorial authority
119 Further information, public notification, submissions, and hearing
119A New section 190 substituted
190 Further information, notification, submissions, and hearing for notice of requirement to territorial authority
120 Recommendation by territorial authority
120A Application of other sections
121 Land subject to existing heritage order or designation
122 Interim effect of requirement
122 New section 194 substituted
194 Interim effect of requirement
122A New section 195A inserted
195A Alteration of heritage order
122B New sections 198A to 198N and heading inserted
Streamlining decision-making on designations and heritage orders
198A Sections 198B to 198G apply to requirement under section 168 or 189
198B Requiring authority or heritage protection authority's request
198BA Territorial authority’s decision on request
198C Territorial authority's subsequent processing
198D Environment Court decides
198F Residual powers of territorial authority
198G When territorial authority must deal with requirement
198H Sections 198I to 198N apply to requirements under section 168A or 189A
198I Territorial authority's decision
198J Territorial authority's subsequent processing
198K Environment Court decides
198M Residual powers of territorial authority
198N When territorial authority must deal with requirement
123 Special tribunal
124 Submissions to special tribunal
125 Conduct of hearing
126 Territorial authority to issue consent notice
127 Restrictions upon deposit of survey plan
128 Consent authority approval of plan of survey of reclamation
129 Restrictions on deposit of plan of survey for reclamation
130 Appointment of Environment Judges and alternate Environment Judges
131 Representation at proceedings
132 New section 280A inserted
280A Application to extend scope of appeal
133 Section 284A repealed
134 New section 285 substituted
285 Awarding costs
135 Section 289 repealed
136 New section 290AA inserted
290AA Powers of Court in regard to certain appeals under clause 14 of Schedule 1
137 Environment Court may order change to policy statements and plans
138 Appeals to Court of Appeal
139 New Part 11A inserted
Part 11AAct not to be used to oppose trade competitors
308A Identification of trade competitors and surrogates
308B Limit on making submissions
308C Limit on representation at appeals
308D Limit on appealing under this Act
308E Prohibition on using surrogate
308F Surrogate must disclose status
308G Declaration that Part contravened
308GA Costs orders if declaration made
308H Proceedings for damages in High Court
140 Appeals
140A Offences against this Act
141 Penalties
141A Liability of principal for acts of agents
142 Service of documents
142A New section 357 substituted
357 Right of objection to local authorities against certain decisions
143 Right of objection to consent authority against certain decisions or requirements
144 Appeals against certain decisions or objections
145 Regulations
146 Applications for works, etc, in coastal marine area
146 Section 395 repealed
147 Non-complying activities category removed from Act
148 Amendments to Schedule 1 of principal Act
8 Certain persons may make further submissions
8A Service of further submissions
149 Minor amendments
Part 2Transitional provisions and amendments to other enactments
Subpart 1—Transitional provisions
150 Legal effect of rules
151 Existing rules providing for protection of trees
152 Removal of non-complying activity category from principal Act
153 National environmental standards
154 National policy statements
155 Matters referred directly to Environment Court
156 Proposals of national significance called in
157 Restricted coastal activities
158 Notices of requirement
159 Enforcement proceedings
160 Appeals
161 Outstanding applications for resource consent where further information requested
162 Applications and requirements lodged and accepted before commencement of section 2(3)
162 Applications and matters lodged before commencement
163 Certain proposed policy statements or plans, changes, and variations publicly notified before commencement
Subpart 2—Other enactments
164 Consequential amendments to Costs in Criminal Cases Act 1967
165 Consequential amendments to Crown Organisations (Criminal Liability) Act 2002
165A Consequential amendment to Incorporated Societies Act 1908
166 Amendments to Resource Management Amendment Act 2005
167 Consequential amendments to Sentencing Act 2002
Schedule 1 Amendments required to remove non-complying activity category
Schedule 2 Minor amendments
Legislative history
The Parliament of New Zealand enacts as follows: