The overarching purpose of this Act is to restore and protect the health and wellbeing of the Waikato River for present and future generations.

This Act—

• (a) recognises the significance of the Waikato River to Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi:

• (b) recognises the vision and strategy for the Waikato River:

• (c) establishes and grants functions and powers to the Waikato River Authority:

• (d) establishes the Waikato River Clean-up Trust:

• (e) acknowledges and provides a process that may recognise certain customary activities of Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi:

• (f) provides co-management arrangements for the Waikato River.

(1) The vision and strategy is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River.

(2) This Act must be interpreted in a manner that best furthers sections 3 and 4 and subsection (1).

(1) In this Act,—

(2) Part 2—

• (a) provides for each Trust to appoint a member to the Waikato River Authority; and

• (b) provides for the Trusts to make an Upper Waikato River integrated management plan.

(3) Part 3 provides for each Trust to make—

• (a) its own environmental plan; and

• (b) its own joint management agreements.

(4) The following provisions apply to the Raukawa Settlement Trust:

• (a) the trustees may nominate an entity to carry out a duty or function for them, or exercise a power for them, under this Act:

• (b) the trustees make the nomination by giving written or electronic notice to the Crown, the Council, a local authority, or other person affected by the carrying out of the duty or function or the exercise of the power:

• (c) the trustees are not relieved of liability for the carrying out of the duty or function or the exercise of the power by making the nomination, unless the Crown agrees that they are.

(1) In this Act,—

(2) In this Act, unless the context requires another meaning,—

• (a) the Conservation Act 1987; and

• (b) the enactments listed in Schedule 1 of the Conservation Act 1987

This Act binds the Crown.

The matters provided for in sections 9 to 34 are also provided for in sections 9 to 34 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, having been agreed between the Crown and Waikato-Tainui in a deed of settlement dated 17 December 2009.

(1) The Waikato River and its contribution to New Zealand's cultural, social, environmental, and economic wellbeing are of national importance.

(2) The vision and strategy applies to the Waikato River and activities within its catchment affecting the Waikato River.

(3) The vision and strategy is Te Ture Whaimana o Te Awa o Waikato.

(1) Sections 11 to 15 have effect to the extent to which the content of the vision and strategy relates to matters covered by the Resource Management Act 1991.

(2) Sections 11 to 15 prevail over sections 59 to 77 of the Resource Management Act 1991.

(1) On and from the commencement date, the vision and strategy in its entirety is deemed to be part of the Waikato Regional Policy Statement without the use of the process in Schedule 1 of the Resource Management Act 1991.

(2) As soon as reasonably practicable after the commencement date, the Council must—

• (a) insert the vision and strategy into the policy statement without using the process in Schedule 1 of the Resource Management Act 1991; and

• (b) make consequential amendments to records and publications to reflect paragraph (a).

(3) On and from the commencement date, the Council must ensure that the policy statement does not remain inconsistent with the vision and strategy for any longer than is necessary to amend the policy statement to make it consistent with the vision and strategy.

(4) The vision and strategy prevails over the policy statement during any period of inconsistency described in subsection (3).

(1) The vision and strategy prevails over any inconsistent provision in—

• (a) a national policy statement issued under section 52 of the Resource Management Act 1991; and

• (b) a New Zealand coastal policy statement issued under section 57 of the Resource Management Act 1991.

(2) The Council must not review or amend under section 79 of the Resource Management Act 1991 the vision and strategy inserted in the Waikato Regional Policy Statement.

(3) A local authority must not amend under section 55 of the Resource Management Act 1991 a document defined in section 55(1) of the Act if the amendment would make the document inconsistent with the vision and strategy.

(4) A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a national environmental standard made under section 43 of the Resource Management Act 1991, if it is more stringent than the standard.

(5) A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a water conservation order made under section 214 of the Resource Management Act 1991, if it is more stringent than the order.

(1) The Council must follow the process in subsection (3), and every local authority must follow the process in subsection (4), after every vision and strategy review.

(2) The local authority must begin the process—

• (a) no later than 6 months after the completion of the review under section 18:

• (b) no later than 12 months after the completion of each review under section 19.

(3) The Council must—

• (a) review the Waikato Regional Policy Statement to see whether it is consistent with the vision and strategy; and

• (b) if the policy statement is inconsistent with the vision and strategy, initiate an amendment to it to make it consistent, using the process in Schedule 1 of the Resource Management Act 1991.

(4) Every local authority must—

• (a) review its regional or district plan to see whether it gives effect to the vision and strategy; and

• (b) if the regional or district plan does not give effect to the vision and strategy, initiate an amendment to it to ensure that it does so, using the process in Schedule 1 of the Resource Management Act 1991.

(5)  Subsection (6) applies if a joint management agreement between a local authority and a Trust is not in force when the local authority begins the process under subsection (3) or (4).

(6) The local authority must,—

• (a) as soon as practicable after the commencement of a review under subsection (3)(a) or (4)(a), convene a joint working party under section 47(2)(a); and

• (b) decide jointly with the Trust on the final recommendation on whether to make an amendment to a Resource Management Act 1991 planning document, as provided for in section 47(2)(b); and

• (c) decide jointly with the Trust on the final recommendation on the content of a Resource Management Act 1991 planning document to be notified under clause 5 of Schedule 1 of the Resource Management Act 1991, as provided for in section 47(2)(c); and

• (d) discuss with the Trust the potential for the Trust to participate in the decisions on a Resource Management Act 1991 planning document under clause 10 of Schedule 1 of the Resource Management Act 1991, as provided for in section 47(2)(d).

(1) This section applies as follows:

• (a) it applies after a local authority has made the amendments required by section 13; and

• (b) it does not require a local authority or a requiring authority to act.

(2) The local authority may begin a review under section 128 of the Resource Management Act 1991 of the conditions of a resource consent to make them consistent with the vision and strategy.

(3) A requiring authority may give notice under section 181 of the Resource Management Act 1991 of its requirement to alter a designation to make it consistent with the vision and strategy.

(1) This section applies to a person who prepares or changes any of the following documents:

• (a) a conservation management strategy or conservation management plan under the—

  • (i) Conservation Act 1987:

  • (ii) National Parks Act 1980:

  • (iii) Reserves Act 1977:

  • (iv) Wild Animal Control Act 1977:

  • (v) Wildlife Act 1953:

• (b) a freshwater fisheries management plan approved under the Conservation Act 1987:

• (c) a sports fish management plan approved under the Conservation Act 1987:

• (d) a Resource Management Act 1991 planning document to which sections 9 to 14 apply.

(2) The person must—

• (a) make an explicit statement in the document on how the vision and strategy has been given effect to; and

• (b) provide a copy of the statement to the Authority no later than 20 business days after the document has been completed.

(1) Subsections (2) to (6) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers for the Waikato River and activities in its catchment that affect the Waikato River under the Acts referred to in subsections (2) to (6).

(2) For the purposes of the Conservation Act 1987, the vision and strategy is a statement of general policy approved under section 17B of the Act.

(3) For the purposes of the National Parks Act 1980, the vision and strategy is a statement of general policy adopted under section 44 of the Act.

(4) For the purposes of the Reserves Act 1977, the vision and strategy is a statement of general policy approved under section 15A of the Act.

(5) For the purposes of the Wild Animal Control Act 1977, the vision and strategy is a statement of general policy approved under section 5(1)(ca) of the Act.

(6) For the purposes of the Wildlife Act 1953, the vision and strategy is a statement of general policy approved under section 14C of the Act.

(7) A conservation management strategy or a conservation management plan made under an Act referred to in any of subsections (2) to (6) must not derogate from a statement of general policy created by any of subsections (2) to (6) for any longer than is necessary to amend the strategy or plan to make it consistent with the vision and strategy.

(8) The process for reviewing and, if necessary, amending the strategy or plan must begin—

• (a) no later than 6 months after the completion of the review under section 18:

• (b) no later than 12 months after the completion of each review under section 19.

(9) The vision and strategy prevails over the strategy or plan during any period of inconsistency described in subsection (7).

(10) A freshwater fisheries management plan approved under section 17K of the Conservation Act 1987 and a sports fish management plan approved under section 17M of the Conservation Act 1987 must not derogate from the vision and strategy.

(11) Subsections (7) to (10) apply to a freshwater fisheries management plan approved under section 17K of the Conservation Act 1987 and a sports fish management plan approved under section 17M of the Conservation Act 1987 as if the plans were conservation management plans.

(12) To the extent to which it affects the Waikato River, a national energy efficiency and conservation strategy prepared and published under section 18 of the Energy Efficiency and Conservation Act 2000 must be consistent with the vision and strategy.

(13) To the extent to which it affects the Waikato River, a management plan for a foreshore and seabed reserve prepared under section 44 of the Foreshore and Seabed Act 2004 must not be inconsistent with the vision and strategy.

(14) To the extent to which it affects the Waikato River, a national land transport strategy prepared under Part 3 of the Land Transport Management Act 2003 must take into account the vision and strategy.

(15) The vision and strategy prevails over any inconsistent provision in a bylaw made by a local authority, if it is more stringent than the bylaw.

(1) Subsections (2) and (5) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers under the Acts referred to in subsections (4) and (7).

(2) Subsection (3) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (4) if the functions or powers—

• (a) relate to—

  • (i) the Waikato River; or

  • (ii) activities in the catchment that affect the Waikato River; and

• (b) are not covered by sections 11 to 16.

(3) The person must have particular regard to the vision and strategy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers.

(4) The enactments are the—

• (a) Conservation Act 1987:

• (b) National Parks Act 1980:

• (c) Reserves Act 1977:

• (d) Resource Management Act 1991:

• (e) Wild Animal Control Act 1977:

• (f) Wildlife Act 1953.

(5) Subsection (6) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (7) if the functions or powers relate to—

• (a) the Waikato River; or

• (b) activities in the catchment that affect the Waikato River.

(6) The person must have particular regard to the vision and strategy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers.

(7) The enactments are the—

• (a) Biosecurity Act 1993:

• (b) Fisheries Act 1996:

• (c) Forests Act 1949:

• (d) Health Act 1956:

• (e) Historic Places Act 1993:

• (f) Land Drainage Act 1908:

• (g) Local Government Act 1974:

• (h) Local Government Act 2002:

• (i) Native Plants Protection Act 1934:

• (j) New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa ) Act 2008:

• (k) Queen Elizabeth the Second National Trust Act 1977:

• (l) River Boards Act 1908:

• (m) Soil Conservation and Rivers Control Act 1941:

• (n) Walking Access Act 2008.

Within 3 months of the operational date, the Authority must begin a review of the vision and strategy—

• (a) for the purpose of considering whether targets and methods should be developed for inclusion in the vision and strategy; and

• (b) if it wishes, for the purpose of considering whether the vision and strategy should be amended in any other way.

After the review described in section 18, the Authority must review the vision and strategy no earlier than 5 years and no later than 10 years after the previous review.

(1) The Authority's purpose in reviewing the vision and strategy is to determine whether the Authority should recommend to the Crown and the other appointers that the vision and strategy be amended.

(2) When reviewing the vision and strategy, the Authority—

• (a) must take the following into account, to the extent to which they are consistent with the overarching purpose of this Act:

  • (i) iwi environmental plans to the extent to which they relate to the Waikato River:

  • (ii) iwi objectives for the Waikato River:

  • (iii) the report of the scoping study; and

• (b) may take into account any other documents that the Authority considers relevant to the health and wellbeing of the Waikato River.

(3) When reviewing the vision and strategy, the Authority must follow the process in Schedule 2.

(4) The Authority—

• (a) may recommend that the vision and strategy include—

  • (i) targets to achieve the vision and strategy; and

  • (ii) methods to implement the vision and strategy; and

• (b) may recommend other amendments to the vision and strategy.

(5) The Authority may make only those recommendations for amendments to the vision and strategy that are consistent with the overarching purpose of this Act.

(1) The Governor-General may amend the vision and strategy by amending Schedule 1 by Order in Council.

(2) The Governor-General may make an Order in Council under subsection (1) only on the advice of the Minister given under subsection (3).

(3) The Minister must advise the Governor-General to make an Order in Council to amend the vision and strategy if—

• (a) the Crown and the other appointers each receive a written or electronic recommendation from the Authority under section 20 to amend the vision and strategy; and

• (b) the recommendation sets out the amended vision and strategy in full and identifies the amendments; and

• (c) the recommendation complies with section 20(5); and

• (d) the Crown and the other appointers agree in writing or electronically with one another to accept the recommendation.

(4) An Order in Council made under this section must specify the date on which the amendments to the vision and strategy take effect.

(1) This Act establishes a statutory body called the Waikato River Authority.

(2) The purpose of the Authority is to—

• (a) set the primary direction through the vision and strategy to achieve the restoration and protection of the health and wellbeing of the Waikato River for present and future generations:

• (b) promote an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the management of the Waikato River:

• (c) fund rehabilitation initiatives for the Waikato River in its role as trustee for the Waikato River Clean-up Trust.

(3) The duty of the members of the Authority is to act to achieve the purpose of the Authority.

(1) The principal function of the Authority is to achieve its purpose.

(2) The other functions of the Authority are to—

• (a) engage with and provide advice to local authorities on amending Resource Management Act 1991 planning documents to make them give effect to the vision and strategy:

• (b) engage with and provide advice to the range of agencies with responsibilities relating to the Waikato River, including, without limitation, local authorities and biosecurity, conservation, and fisheries agencies, to achieve an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the management of the Waikato River:

• (c) act as trustee for the Waikato River Clean-up Trust and, in that capacity, administer the contestable clean-up fund for the Waikato River:

• (d) engage with and provide advice to the Environmental Protection Authority:

• (e) monitor—

  • (i) the carrying out, effectiveness, and achievement of the principal function of the Authority:

  • (ii) the implementation, effectiveness, and achievement of the vision and strategy, including any targets and methods:

  • (iii) the implementation, effectiveness, and achievement of clean-up initiatives funded by the Waikato River Clean-up Trust:

• (f) report at least every 5 years to the Crown and the other appointers on the results of the monitoring carried out under paragraph (e):

• (g) periodically review the vision and strategy and, at the Authority's discretion, recommend amendments to it to the Crown and the other appointers:

• (h) request call-ins under the Resource Management Act 1991:

• (i) establish and maintain the register:

• (j) appoint commissioners to sit on hearings committees or boards of inquiry when required to do so under section 28 or 29.

(1) The Authority has full capacity, and the full rights, powers, and privileges entailed by that capacity, to do any act or activity or enter any transaction, subject to the following:

• (a) the Authority has the capacity, rights, powers, and privileges for the purpose only of carrying out its functions; and

• (b) the Authority's capacity, rights, powers, and privileges are subject to this Act, other enactments, and the common law.

(2) The Authority may prescribe a fee for the purposes of clause 16(3) of Schedule 4.

The Authority must establish and maintain a register of persons who—

• (a) are Resource Management Act 1991 decision makers; and

• (b) have been appointed for inclusion on the register by iwi who appoint members of the Authority.

Sections 27 to 31 apply to applications to the Council for resource consent—

• (a) to take, use, dam, or divert water in the Waikato River:

• (b) to be allowed to make a point source discharge to the Waikato River:

• (c) to do any activity listed in section 13 of the Resource Management Act 1991 in relation to the Waikato River.

(1) The Council must give written or electronic notice to the Authority and each Trust of the receipt of an application.

(2) The Council must give the notice no later than 5 business days after receiving the application.

(1) This section applies if the Council holds a hearing under the Resource Management Act 1991 on the application.

(2) The committee to hear and make a decision on the application must consist of—

• (a) a number of members appointed by the Council who are Resource Management Act 1991 decision makers; and

• (b) the same number of members appointed by the Authority who must be persons whose names are recorded in the register; and

• (c) an independent chairperson jointly appointed by the Authority and the Council, who must be a Resource Management Act 1991 decision maker.

(3) The Authority and the Council must discuss the persons to be appointed to the hearing committee with a view to ensuring that the committee contains members with an appropriate mix of skills, expertise, and experience.

(1) This section applies if an application is called in and referred to a board of inquiry under Part 6AA of the Resource Management Act 1991.

(2) As soon as practicable, the Environmental Protection Authority must serve notice on the Authority of the decision to call in the application.

(3) As soon as practicable, the Minister must request from the Authority the names of persons for appointment to the board, seeking the name of 1 person if the board is to have 3 appointees and the names of 2 persons if the board is to have 5 appointees.

(4) Within 10 business days of receiving the request, the Authority must give the Minister the number of names sought by the Minister, taking the names from the register.

(5) The board must consist of—

• (a) the persons named under subsection (4); and

• (b) the same number of other persons; and

• (c) a chairperson appointed under section 149J(3)(b) of the Resource Management Act 1991.

(6) The Authority and the Minister must discuss the persons to be appointed to the board with a view to ensuring that the board contains members with an appropriate mix of skills, expertise, and experience.

(7) Persons appointed under subsection (5) must be treated in the same manner as persons appointed under section 149J of the Resource Management Act 1991.

(1) This section applies if the Council receives a request under section 100A of the Resource Management Act 1991 to delegate the hearing of an application to a commissioner or commissioners.

(2) The Council must delegate the hearing duties, functions, and powers only of the persons it must appoint under section 28(2)(a). It must not delegate the hearing duties, functions, and powers of the persons whom the Authority must appoint under section 28(2)(b).

(3) The Council must ensure that the number of commissioners delegated to hear the application is equal to the number of members appointed under section 28(2)(b).

(4) The commissioners delegated to hear the application are—

• (a) the commissioners to whom the Council delegates hearing duties, functions, and powers under subsection (2), who are appointed under section 100A of the Resource Management Act 1991; and

• (b) the persons whom the Authority appoints under section 28(2)(b), who are deemed to be appointed under section 100A of the Resource Management Act 1991; and

• (c) the independent chairperson appointed under section 28(2)(c), who is deemed to be appointed under section 100A of the Resource Management Act 1991.

Section 28 applies if an application is lodged with the Environmental Protection Authority under section 145 of the Resource Management Act 1991 and a direction is made under section 147(1)(c) of the Act to refer the matter to the Council.

(1) The Authority is the trustee of the Waikato River Clean-up Trust.

(2) The Waikato River Clean-up Trust is established on the operational date.

(3) The object of the trust is the restoration and protection of the health and wellbeing of the Waikato River for present and future generations.

(4) The terms of the trust are set out in Schedule 3.

(5) The trustee of the trust is deemed to satisfy the requirements of section CW 41(5)(a) of the Income Tax Act 2007.

The Minister must present to Parliament each annual report the Minister receives from the Authority within 1 month of receiving the report.

Schedule 4 contains other provisions on the Authority.

(1) An Upper Waikato River integrated management plan is a plan that—

• (a) has the purpose described in subsection (2); and

• (b) contains all or some of the components described in subsection (3).

(2) The purpose is to achieve an integrated approach between the Trusts that prepare the plan, relevant departments, relevant local authorities, and appropriate agencies to the management of aquatic life, habitats, and natural resources within the Waikato River consistent with the overarching purpose of this Act.

(3) The components are—

• (a) a conservation component, which is a component on issues related to conservation management under the conservation legislation:

• (b) a fisheries component, which is a component on issues related to fisheries management under the Fisheries Act 1996:

• (c) a regional council component, which is a component on issues related to the resource management, biosecurity, and local government functions of the Council under the Resource Management Act 1991, Biosecurity Act 1993, Local Government Act 2002, and any other relevant enactments:

• (d) any other component agreed between the Trusts that prepare the plan and an appropriate agency, including a local authority, responsible for—

  • (i) administering enactments that affect the Waikato River and activities in its catchment that affect the Waikato River; or

  • (ii) carrying out functions or exercising powers under enactments that affect the Waikato River.

(1) For Ngati Tuwharetoa, the Trust must give the other Trusts written or electronic notice within 60 business days of the commencement date as to whether the Trust wishes to participate in the preparation and approval of the Upper Waikato River integrated management plan.

(2) For Raukawa and Te Arawa River Iwi, the Trusts must prepare the plan together with relevant departments, relevant local authorities, and appropriate agencies, and the Trust for Ngati Tuwharetoa if it wishes to participate,—

• (a) following the process in Schedule 5; and

• (b) acting in a co-operative and co-ordinated manner.

(3) A component becomes a component of the plan when it is approved as follows:

• (a) the conservation component must be approved jointly by the Trusts that prepared the plan and the Minister of Conservation:

• (b) the fisheries component must be approved jointly by the Trusts that prepared the plan and the Minister of Fisheries:

• (c) the regional council component must be approved jointly by the Trusts that prepared the plan and the Council:

• (d) any other component must be approved jointly by the Trusts that prepared the plan and the agency that agreed on it.

(4) If a component cannot be approved under subsection (3) because the Trusts and a relevant department or relevant local authority or appropriate agency have not been able to reach agreement on it, each component on which agreement has been reached may be approved under subsection (3).

(5) Within 3 years of the operational date, an Upper Waikato River integrated management plan for the Waikato River and its catchment must exist containing the components that have been approved under subsection (3).

(1) This section states the effects of the components of the Upper Waikato River integrated management plan.

(2) The conservation component is, for the purposes of the Conservation Act 1987,—

• (a) a conservation management plan under section 17E; and

• (b) a freshwater fisheries management plan under section 17J.

(3) The fisheries component is a fisheries plan under section 11A of the Fisheries Act 1996.

(4) The regional council component means that a relevant local authority that is preparing, reviewing, or changing a Resource Management Act 1991 planning document must have regard to the plan.

(5) The other component has the effect agreed between the Trusts that prepared the plan and the appropriate agency.

(1) For Ngati Tuwharetoa, the Trust must give the other Trusts written or electronic notice within 30 business days of receiving notice of an intended review of the Upper Waikato River integrated management plan as to whether the Trust wishes to participate in the review.

The Upper Waikato River integrated management plan may be reviewed and amended—

• (a) as a combined initiative of the Trusts that prepared the plan, and the Trust for Ngati Tuwharetoa if it did not participate in the preparation of the plan and decides under clause 4(4A) of Schedule 5 to participate in the review, and the relevant departments, relevant local authorities, and appropriate agencies; and

• (b) wholly or as to an individual component; and

• (c) from time to time; and

• (d) following the process in Schedule 5.

The Upper Waikato River integrated management plan does not—

• (a) displace or derogate from the tikanga of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi:

• (b) displace or derogate from any agreements or arrangements between Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi and the Crown, local authorities, statutory authorities, or any other person:

• (c) preclude or otherwise limit the ability of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi to enter into any agreements or arrangements with the Crown, local authorities, statutory authorities, or any other person.

(1) Each Trust may prepare an environmental plan.

(2) If a Trust decides to prepare a plan, the plan—

• (a) must be served on the Director-General of Conservation, the chief executive of the Ministry of Fisheries, relevant local authorities, and any other relevant agency:

• (b) must be available to the public for inspection at the offices of the Trust, the relevant local authorities, and any other relevant agency:

• (c) may be reviewed and amended from time to time by the Trust.

(1) A local authority served under section 40(2)(a) preparing, reviewing, or changing a Resource Management Act 1991 planning document must recognise the environmental plan in the same manner as would be required under the Resource Management Act 1991 for any planning document recognised by an iwi authority.

(2) A consent authority considering an application for a resource consent under section 104 of the Resource Management Act 1991 must have regard to the environmental plan, if it considers that section 104(1)(c) applies to the plan.

(3) A person carrying out functions or exercising powers under sections 12 to 14 of the Fisheries Act 1996 must recognise and provide for the environmental plan to the extent to which its contents relate to the functions or powers.

(4) A person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River and its catchment must have particular regard to the environmental plan to the extent to which its contents relate to the functions or powers.

(1) A joint management agreement must be in force between each local authority and each Trust no later than,—

• (a) for Ngati Tuwharetoa,—

  • (i) 18 months after the local authority receives a notice from the Trust under section 49(1); or

  • (ii) a later date that the authority and the Trust agree on electronically or in writing:

• (b) for Raukawa and Te Arawa River Iwi,—

  • (i) 18 months after the operational date; or

  • (ii) a later date that the authority and the Trust agree on electronically or in writing.

(2) Each joint management agreement must be generally in the form set out in the applicable part of the schedule of the deed.

(1) For Ngati Tuwharetoa, a joint management agreement—

• (a) must cover no other subject matter than—

  • (i) matters relating to the Waikato River and activities within its catchment affecting the Waikato River:

  • (ii) matters relating to the waterways within Taupo Waters (as defined in clause 3 of the deed), if the local authority and the Trust agree to the matters being covered in the agreement:

• (b) must cover the matters referred to in section 44:

• (c) may cover additional duties, functions, or powers agreed under section 53.

(2) For Raukawa, a joint management agreement—

• (a) must cover no other subject matter than—

  • (i) matters relating to the Waikato River and activities within its catchment affecting the Waikato River:

  • (ii) matters relating to activities in the catchment of the Waipa River from its source to its junction with the Puniu River to the extent to which the matters relate to the Raukawa interests in the catchment if the matters set out in parts 5 and 6 of the deed are applied to the Waipa River:

• (b) must cover the matters referred to in section 44:

• (c) may cover additional duties, functions, or powers agreed under section 53.

(3) For Te Arawa River Iwi, a joint management agreement—

• (a) must cover no other subject matter than matters relating to the Waikato River and activities within its catchment affecting the Waikato River:

• (b) must cover the matters referred to in section 44:

• (c) may cover additional duties, functions, or powers agreed under section 53.

(1) A joint management agreement must provide for the local authority and the Trust to work together in carrying out the following duties and functions, and exercising the following powers, in the Resource Management Act 1991:

• (a) monitoring and enforcement, under section 46:

• (b) preparation, review, change, or variation of a Resource Management Act 1991 planning document, under section 47:

• (c) duties, functions, or powers under Part 6 of the Resource Management Act 1991 in relation to applications for resource consents, under section 48.

(2) A joint management agreement must provide a process for the local authority and the Trust to explore—

• (a) whether customary activities could be carried out by the iwi on the Waikato River without the need for a statutory authorisation from the local authority; and

• (b) in particular, whether customary activities could be provided for as permitted activities in relevant regional plans or district plans.

In working together to develop the joint management agreement, and in working together under the joint management agreement, the local authority and the Trust must act in a manner consistent with the following guiding principles:

• (a) they must promote the overarching purpose of this Act to restore and protect the health and wellbeing of the Waikato River for present and future generations:

• (b) they must respect the mana whakahaere rights and responsibilities of the iwi:

• (c) they must promote the principle of co-management:

• (d) they must reflect a shared commitment to—

  • (i) working together in good faith and a spirit of co-operation:

  • (ii) being open, honest, and transparent in their communications:

  • (iii) using their best endeavours to ensure that the purpose of the joint management agreement is achieved in an enduring manner:

• (e) they must recognise that the joint management agreement operates within statutory frameworks and that complying with those statutory frameworks, meeting statutory timeframes, and minimising delays and costs are important.

(1) This section applies to monitoring and enforcement relating to the Waikato River and activities within its catchment affecting the Waikato River.

(2) The part of the joint management agreement on monitoring and enforcement must provide for the local authority and the Trust to—

• (a) meet no less than twice each year to—

  • (i) discuss and agree the priorities for the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991; and:

  • (ii) discuss and agree the methods for and extent of the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991:

  • (iii) discuss the potential for the iwi to participate in the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991:

• (b) meet no less than twice each year to discuss appropriate responses to address the outcomes of the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991, including—

  • (i) the potential for review of Resource Management Act 1991 planning documents; and

  • (ii) enforcement under the Resource Management Act 1991, including criteria for the commencement of prosecutions, applications for enforcement orders, the service of abatement notices, and the service of infringement notices:

• (c) agree appropriate procedures for reporting back to the Trust on the enforcement action taken by the local authority:

• (d) discuss and agree the role of the Trust in the 5 yearly review provided for in section 35(2A) of the Resource Management Act 1991:

• (e) discuss the potential for persons nominated by the Trust to participate in enforcement action under the Resource Management Act 1991.

(3) The local authority and the Trust each bears its own costs of complying with this section.

(4) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, under the joint management agreement, they carry out the duties and functions or exercise the powers described in this section.

(1) This section applies to preparing, reviewing, changing, or varying a Resource Management Act 1991 planning document to the extent to which those processes relate to the vision and strategy.

(2) The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991 planning document must provide—

• (a) that, before the preparation, review, change, or variation commences, the local authority and the Trust must convene a joint working party to discuss and recommend to the local authority—

  • (i) the process to be adopted for the preparation, review, change, or variation; and

  • (ii) the general form and content of any document to be drafted for the purposes of consultation or notification under clause 5 of Schedule 1 of the Resource Management Act 1991:

• (b) that the local authority and the Trust must decide jointly on the final recommendation to the local authority on whether to commence a review of, and whether to make an amendment to, a Resource Management Act 1991 planning document:

• (c) that the local authority and the Trust must decide jointly on the final recommendation to a local authority on the content of a Resource Management Act 1991 planning document to be notified under clause 5 of Schedule 1 of the Resource Management Act 1991:

• (d) that the local authority and the Trust must discuss the potential for the Trust to participate in making decisions on a Resource Management Act 1991 planning document under clause 10 of Schedule 1 of the Resource Management Act 1991.

(3) The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991 planning document must also provide a mechanism for the Trust to participate in processes under Part 2 of Schedule 1 of the Resource Management Act 1991.

(4) The local authority and the Trust each bears its own costs of complying with this section.

(5) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, under the joint management agreement, they carry out the duties and functions or exercise the powers described in this section.

(1) This section applies to—

• (a) applications to the Council for resource consent to—

  • (i) dam, divert, take, or use, water from or in the Waikato River:

  • (ii) discharge a contaminant or water into the Waikato River:

  • (iii) discharge a contaminant onto or into land in circumstances that will result in the contaminant entering the Waikato River:

  • (iv) discharge a contaminant onto or into land in circumstances that will result in another contaminant emanating as a result of natural processes from the former contaminant entering the Waikato River:

  • (v) alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of structure in, on, under, or over the bed or banks of Waikato River:

  • (vi) drill, excavate, tunnel, or otherwise disturb the bed or banks of the Waikato River:

  • (vii) deposit a substance in, on, or under the bed or banks of the Waikato River:

  • (viii) reclaim or drain the bed of the Waikato River:

  • (ix) enter onto or pass across the bed of the Waikato River:

  • (x) introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:

  • (xi) damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:

  • (xii) damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:

  • (xiii) damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of the Waikato River:

• (b) applications to a territorial authority for resource consent for the use of or activities on the surface of the water in the Waikato River.

(2) The part of the joint management agreement on the resource consent process must provide that—

• (a) the local authority must provide the Trust with information on the applications for resource consents the local authority receives:

• (b) the information must be—

  • (i) the same as would be given to affected persons through limited notification under section 95B of the Resource Management Act 1991; or

  • (ii) the information that the local authority and the Trust agree on:

• (c) the information must be provided as soon as reasonably practicable after the application is received and before a determination is made under sections 95A to 95C of the Resource Management Act 1991:

• (d) the local authority and the Trust must jointly develop and agree criteria to assist local authority decision-making under the following processes or sections of the Resource Management Act 1991:

  • (i) best practice for pre-application processes:

  • (ii) section 87E (request that an application be determined by the Environment Court rather than the consent authority):

  • (iii) section 88(3) (incomplete application for resource consent):

  • (iv) section 91 (deferral pending additional consents):

  • (v) section 92 (requests for further information):

  • (vi) sections 95 to 95F (notification of applications for resource consent):

  • (vii) sections 127 and 128 (change, cancellation, or review of consent conditions).

(3)  The criteria developed and agreed under subsection (2)(d)—

• (a) are additional to, and must not derogate from, the criteria that the local authority must apply under the Resource Management Act 1991:

• (b) do not impose a requirement on a consent authority to change, cancel, or review consent conditions.

(4) The local authority and the Trust each bears its own costs of complying with this section.

(5) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, under the joint management agreement, they carry out the duties and functions or exercise the powers described in this section.

(1) For Ngati Tuwharetoa, the local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 business days of the local authority receiving from the Trust a written or electronic notice to convene the committee.

(2) For Raukawa and Te Arawa River Iwi, the local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 business days of the operational date.

(3) The local authority and the Trust must work together in a positive and constructive manner to finalise the joint management agreement within the timeframe in section 42, having particular regard to the principles set out in section 45.

(4) The local authority and the Trust may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the joint management agreement.

(4A) In subsection (5), relevant date means,—

• (a) for Ngati Tuwharetoa,—

  • (i) the date on which the local authority receives a notice from the Trust under subsection (1); or

  • (ii) a later date that the authority and the Trust agree on electronically or in writing:

• (b) for Raukawa and Te Arawa River Iwi,—

  • (i) the operational date; or

  • (ii) a later date that the authority and the Trust agree on electronically or in writing.

(5) No later than 14 months after the relevant date, the local authority and the Trust must give written or electronic notice to the Minister and the Trust—

• (a) confirming that all matters relating to the joint management agreement have been agreed; or

• (b) identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues; or

• (c) notifying an electronic or written agreement to extend the date by which a joint management agreement must be in force.

(6) If notice is given under subsection (5)(a), the notice must also specify the date on which the joint management agreement is to come into force.

(6A) For Ngati Tuwharetoa, if notice is given under subsection (5)(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues.

(7) For Raukawa and Te Arawa River Iwi, if notice is given under subsection (5)(b), the following process applies:

• (a) the Minister and the Trust must jointly forward the notice to the Authority:

• (b) within 2 months of receiving the notice, the Authority must consult with local authorities and the Trust and—

  • (i) make a written or electronic recommendation to the Minister and the Trust on how some or all of the issues in dispute should be determined, having particular regard to the principles set out in section 45; or

  • (ii) if the members of the Authority are unable to reach a decision on any of the issues in dispute, give written or electronic notice to the Minister and the Trust that the Authority is unable to make a recommendation on how the issues in dispute should be determined:

• (c) the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues.

(9) The working together under subsection (6A) or (7)(c) may continue for a period of no more than 2 months, unless the Minister and the Trust agree in writing or electronically on a longer period.

(10) If, at the end of 2 months, all matters relating to the joint management agreement have been resolved, the local authority and the Trust must finalise the joint management agreement and give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force.

(11) If, at the end of 2 months, an issue relating to the joint management agreement remains in dispute, the Minister must determine the issue. In making a determination, the Minister—

• (a) must have particular regard to the principles set out in section 45:

• (b) for Raukawa and Te Arawa River Iwi, must have particular regard to any recommendations made by the Authority under subsection (7)(b)(i):

• (c) for Raukawa and Te Arawa River Iwi, may consult the Authority.

(12) When the local authority and the Trust have the Minister's determination, they must—

• (a) finalise the joint management agreement; and

• (b) give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force.

(13) The Minister may appoint a facilitator or take any other action that the Minister considers appropriate to promote the resolution of any issues in dispute between the local authority and the Trust.

(14) If notice is given under subsection (5)(c), not less than 4 months before the extended date by which a joint management agreement must be in force, the local authority and the Trust must give written or electronic notice to the Minister and the Trust—

• (a) confirming that—

  • (i) all matters relating to the joint management agreement have been agreed; and

  • (ii) the joint management agreement will be in force on the extended date; or

• (b) identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues.

(15) If notice is given under subsection (14)(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issue and the provisions of subsections (6A) to (13) apply with any necessary modification.

(16) The local authority and the Trust may agree that a joint management agreement is to come into force in stages.

(17) When the local authority and the Trust give notice to the Minister of the date on which the joint management agreement is to come into force, they must also give the Minister a copy of the agreement.

(18) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, in finalising the joint management agreement, they carry out the duties and functions or exercise the powers described in this section.

(1) The local authority and the Trust may agree in writing or electronically to suspend, wholly or partly, the operation of the joint management agreement.

(2) In reaching an agreement, the parties must specify the scope and duration of the suspension.

(1) The Trust may give written or electronic notice to the local authority that it waives a right provided for in the joint management agreement.

(2) The Trust must specify the extent and duration of the waiver in the notice.

(3) The Trust may at any time revoke a notice of waiver by written or electronic notice to the local authority.

(1) Sections 36B to 36E of the Resource Management Act 1991 do not apply to a joint management agreement.

(2) The carrying out of a duty or function, or the exercise of a power, under a joint management agreement has the same legal effect as the carrying out of a duty or function, or the exercise of a power, by a local authority.

(3) A local authority must not use the special consultative procedure under section 83 of the Local Government Act 2002 in relation to a joint management agreement.

(4) A joint management agreement is enforceable between the parties to it.

(5) Neither party has the right to terminate a joint management agreement.

(1) The local authority and the Trust may agree to extend the joint management agreement to cover duties, functions, or powers that are additional to those specified in section 44 .

(2) If the local authority and the Trust agree to extend the joint management agreement to cover additional duties, functions, or powers, subsections (3) to (6) apply.

(3) The extended part of the joint management agreement is subject to sections 50 to 52 and 54 to 56.

(4) The extended part of the joint management agreement may be terminated wholly or partly by one party giving the other party 20 business days' written or electronic notice.

(5) Before either party exercises the right in subsection (4), the parties must work together to seek to resolve the issue giving rise to the wish to terminate, in a manner consistent with the principles set out in section 45 and the dispute resolution process contained in the joint management agreement.

(6) Termination under subsection (4) does not affect the remaining part of the joint management agreement.

(1) The local authority and the Trust may at any time agree in writing or electronically to undertake a review of the joint management agreement.

(2) If, as a result of a review, the local authority and the Trust agree in writing or electronically that the joint management agreement should be amended, they may amend the joint management agreement without further formality.

(3) If the joint management agreement is amended, the local authority and the Trust must—

• (a) give written or electronic notice of the amendment to the Minister; and

• (b) provide a copy of the amended joint management agreement to the Minister.

The provisions of this Act relating to joint management agreements do not preclude the local authority from—

• (a) making any other joint management agreement with the Trust under the Resource Management Act 1991:

• (b) making any other co-management arrangement with the Trust under any enactment:

• (c) making a transfer or delegation to the Trust under any enactment.

(1) This section applies if—

• (a) a statutory function or power is affected by a joint management agreement; and

• (b) either—

  • (i) an emergency situation arises; or

  • (ii) a statutory timeframe for the carrying out of the function or the exercise of the power is not able to be complied with under the joint management agreement.

(2) The local authority may carry out the function or exercise the power on its own account and not in accordance with the joint management agreement.

(3) As soon as practicable, the local authority must give the relevant Trust written or electronic notice of the carrying out of the function or the exercise of the power.

(1) The Governor-General may, by Order in Council, make regulations consistent with the overarching purpose of this Act for the management of aquatic life, habitats, and natural resources managed under the conservation legislation.

(2) Within 2 years of the operational date, the Minister of Fisheries must recommend to the Governor-General the making of regulations under the Fisheries Act 1996 providing for each Trust to manage customary fishing on the Waikato River through the issuing of customary fishing authorisations to fisheries managed under the Fisheries Act 1996.

(3) Within 80 business days of the settlement operational date, the Minister of Fisheries must recommend to the Governor-General the making of regulations under the Fisheries Act 1996 providing for each Trust to recommend to the Minister of Fisheries the making of bylaws restricting or prohibiting fishing on the Waikato River of fisheries managed under the Fisheries Act 1996.

(4) The Minister of Fisheries must make any bylaws recommended under subsection (3), unless the Minister is satisfied that the proposed bylaws would have an undue adverse effect on fishing.

Regulations must not be made under section 57 that—

• (a) displace or otherwise derogate from—

  • (i) the tikanga of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi; or

  • (ii) any agreements or arrangements between Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi and any Crown agency, local authority, or other person; or

  • (iii) the Te Arawa Lakes (Fisheries) Regulations 2006; or

• (b) have an undue adverse effect on the rights, benefits, and duties of a mandated iwi organisation (as defined in the Maori Fisheries Act 2004) of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi; or

• (c) preclude or otherwise limit the ability of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi to enter any agreements or arrangements with any Crown agency, local authority, or other person.

(1) In relation to Ngati Tuwharetoa, the Crown and the Trust may enter into accords.

(2) In relation to Raukawa and Te Arawa River Iwi, the Crown must actively engage with the Trusts to ensure that the accords referred to in clauses 8.1 to 8.5 of the deeds are entered into—

• (a) as expeditiously as possible; and

• (b) before—

  • (i) the operational date; or

  • (ii) another date that the Crown and each Trust individually agrees on in writing or electronically.

(3) The terms of an accord may be varied by agreement between the Crown and the Trust in accordance with the accord's terms.

(1) Neither the rule against perpetuities nor the Perpetuities Act 1964 prescribes or restricts the period during which—

• (a) each Trust and the Waikato River Clean-up Trust may exist in law; or

• (b) the trustees of each Trust and the Waikato River Clean-up Trust may hold or deal with property or income from property in their capacity as trustees.

(2) Neither the rule against perpetuities nor the Perpetuities Act 1964 applies to a document entered into to give effect to the deed if the application of the rule or the Act would make the document invalid or ineffective or a right conferred by the document invalid or ineffective.

(1) The Authority and each Trust is a public body for the purposes of clause 30 of Schedule 7 of the Local Government Act 2002.

(2) The Authority is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

(3) The Authority is a public authority for the purposes of the definition of public authority in the Resource Management Act 1991.

(4) Each Trust—

• (a) is a public authority for the purposes of paragraph (a) of the definition of public authority in the Resource Management Act 1991; and

• (b) is a public authority for the purposes of paragraph (b) of the definition of public authority in the Resource Management Act 1991 only when it makes a joint management agreement under the Resource Management Act 1991 that is not a joint management agreement under any other Act.