Hon Dr Nick Smith
Government Bill
117—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
Part 1Preliminary provisions, housing accords, and special housing areas
Subpart 1—Preliminary provisions
3 Repeal
4 Purpose
5 Outline
6 Interpretation
7 Act binds the Crown
8 Application of provisions of Act
9 Power to amend Schedule 1
Subpart 2—Provisions relating to housing accords, qualifying developments, and special housing areas
Housing accords
10 Minister and territorial authority may enter housing accord
11 Form and content of housing accord
12 Housing accord to be published
13 Intention to terminate housing accord to be publicly notified
Qualifying developments
14 Meaning of qualifying development
15 Criteria may be prescribed for qualifying developments
Special housing areas
16 Process for establishing special housing areas
17 Establishing special housing areas in district covered by housing accord
19 Disestablishing special housing areas
Part 2Resource consents, plan changes, and variations to proposed plans relating to qualifying developments in special housing areas
20 Application of Part
20A Person may elect to proceed under this Part or Resource Management Act 1991
21 Outline of this Part
22 Application of Resource Management Act 1991 and regulations made under that Act to applications, requests, decisions, etc, under this Part
23 Functions and powers in this Part to be performed or exercised by authorised agency
23A Periods excluded from certain time limits specified in this Part
Subpart 2—Resource consents
Applications for resource consents
24 Applications for resource consents may be made to authorised agency
24B Accord territorial authority may require applications to be made in conjunction with requests for plan changes or variations to proposed plans
27 Making applications
28 Further information
29 Authorised agency may notify application to certain persons only
30 Hearing date and notice
31 Time limit for completing hearing
31A Deferral pending application for additional consents
31B Joint hearings by 2 or more authorised agencies
Decisions on applications and commencement of resource consents
32 Consideration of applications
33 Determination of applications for certain activities
34 Decision on application
35 Conditions of resource consents
36 Conditions of subdivision consents
37 Decisions on applications to be in writing and include reasons
38 Notification of decision
39 Time limit for notifying decision
40 When resource consent commences
Subdivisions
41 Application of Part 10 of Resource Management Act 1991
42 Consent notices and completion certificates
43 Approval of survey plans by authorised agency
44 Restrictions on deposit of survey plan
45 Subdivision by the Crown
46 Other provisions relating to survey plans
47 Covenant against transfer of allotments
48 Survey plan approved subject to grant or reservation of easements
Additional provisions relating to resource consents
48A Effect of grant of resource consent under this Act
49 Nature and duration of resource consent
50 Lapsing of resource consent
51 Change, cancellation, or review of consent condition on application by consent holder
52 No public notification, submissions, or hearings on review
53 Matters to be considered in review
54 Decision on review of consent conditions
55 Minor corrections of resource consents
56 Surrender of consent
57 Certificates of compliance
59 Monitoring of resource consents
Subpart 3—Requests for plan changes and variations to proposed plans
60 Application of subpart
60A Subpart overrides restriction on amendments or variations to proposed Auckland combined plan
61 Requests for changes to plan or variation to proposed plan
Process for request for plan change or variation to proposed plan where adjacent owners give prior approval
62 Process for requests where adjacent owners give prior approval
Process for request for plan change or variation to proposed plan where adjacent owners do not give prior approval
63 Application of sections 64 to 71
64 Further information may be required and request may be modified
65 Authorised agency to consider request
65A Effect of decision on concurrent application
66 Preparation of plan change or variation, notification, and submissions
66A Submission to expand land covered by request must be notified
67 Hearings
68 Decision on request
68B Consideration of plan change request and concurrent application
Time limit for decision, requirement for public notification, and effect of decision
69 Decision to be given and notified within 130 working days after making of request
70 Effect of notifying decision to approve plan change or variation
Adoption of request for plan change or variation to proposed plan by authorised agency
71 Authorised agency may adopt request for plan change or variation to proposed plan
Concurrent plan change or variation processes
72 Interface between concurrent plan change or variation processes under this Act and Resource Management Act 1991
Subpart 4—Other provisions of Resource Management Act 1991 that apply in relation to applications, etc, under subparts 2 and 3
73 Other provisions of Resource Management Act 1991 applying
74 Administrative charges
Subpart 5—Provisions relating to rights of appeal and objection
75 Limited right of appeal and objection
76 Right of appeal against resource consent decisions relating to qualifying developments of 4 or more storeys
77 No review of decisions unless right of appeal exercised
78 Rights of objection
79 Procedure for making and hearing objections
80 Decisions on objections
81 No right to appeal against decisions on objections
Subpart 6—Miscellaneous
Functions and powers of chief executive
82 Chief executive has powers of consent authority
83 Delegation of functions and powers of chief executive
84 Transfer of functions and powers of chief executive
85A Effect of performance and exercise of functions and powers by chief executive
ATA panel
86 Accord territorial authority may appoint panel
87 Delegation of functions and powers to ATA panel
Regulations
88 Regulations
Transitional provisions
89 Transitional provisions
Schedule 1Regions and districts that have significant housing supply and affordability issues for purposes of Act
Schedule 1APeriods excluded from time limits specified in Part 2
Schedule 2Transitional provisions
Legislative history
The Parliament of New Zealand enacts as follows: