Government Bill
101—3
As reported from the committee of the whole House
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Hon Dr Nick Smith
The Parliament of New Zealand enacts as follows:
This Act is the Resource Legislation Amendment Act 2015.
(1)
Subpart 2 of Part 1 (amendments to Resource Management Act 1991) and Part 4 (amendments to Conservation Act 1987) come into force on the day that is 6 months after the date on which this Act receives the Royal assent.
(2)
Subpart 3 of Part 1 (amendments to Resource Management Act 1991 relating to financial contributions) comes into force on the day that is 5 years after the date on which this Act receives the Royal assent.
(2A)
Part 5 (amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012) comes into force on 1 June 2017.
(3)
The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
This Part amends the Resource Management Act 1991 (the principal Act).
In section 2(1), insert in their appropriate alphabetical order:
collaborative group has the meaning given in clause 36 of Schedule 1
collaborative planning process means the process by which a proposed policy statement or plan is prepared or changed in accordance with Part 4 of Schedule 1
combined document means any instrument for which section 80 makes provision
development capacity has the meaning given in section 30(5)
In section 2(1), definition of infrastructure, delete “, in section 30,”.
“, in section 30,”
iwi participation legislation has the meaning given in section 58K
Mana Whakahono a Rohe means an iwi participation arrangement entered into under subpart 2 of Part 5
national planning standard means any of the national planning standards approved under section 58E
After section 3A, insert:
The transitional, savings, and related provisions set out in Schedule 12 have effect according to their terms.
After section 6(g), insert:
the management of significant risks from natural hazards.
After section 12(6), insert:
(7)
This section does not prohibit a regional council from removing structures from the common marine and coastal area, in accordance with the requirements of section 19(3) to (3C) of the Marine and Coastal Area (Takutai Moana) Act 2011, unless those structures are permitted by a coastal permit.
In section 14(3)(b)(ii), replace “an individual’s” with “a person’s”.
“an individual’s”
“a person’s”
After section 18, insert:
Every person exercising powers and performing functions under this Act must take all practicable steps to—
use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions or powers being performed or exercised; and
ensure that policy statements and plans—
include only those matters relevant to the purpose of this Act; and
are worded in a way that is clear and concise; and
promote collaboration between or among local authorities on their common resource management issues.
After section 24(b), insert:
the approval of a national planning standard under section 58E:
In section 24(f), after “national policy statements,”, insert “national planning standards,”.
“national policy statements,”
“national planning standards,”
After section 29(1)(d), insert:
approving, changing, replacing, or revoking a national planning standard under section 58E or 58G, other than to make changes that have no more than a minor effect, correct obvious errors or omissions, or make similar technical changes:
After section 29(4A), insert:
(4B)
The Environmental Protection Authority may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the Authority—
under section 149ZD(4); and
under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.
After section 29(5), insert:
(6)
A delegation under subsection (4B)—
is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and
does not prevent the Environmental Protection Authority from performing the functions or duties, or exercising the powers, concerned.
After section 30(1)(b), insert:
the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in relation to housing and business land to meet the expected demands of the region:
Repeal section 30(1)(c)(v).
In section 30(1)(d)(v), delete “and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances”.
“and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances”
(4)
After section 30(4), insert:
(5)
In this section and section 31,—
business land means land that is zoned for business use in an urban environment, including, for example, land in the following zones:
business and business parks:
centres, to the extent that this zone allows business uses:
commercial:
industrial:
mixed use, to the extent that this zone allows business uses:
retail
development capacity, in relation to housing and business land in urban areas, means the capacity of land for urban development, based on—
the zoning, objectives, policies, rules, and overlays that apply to the land under the relevant proposed and operative regional policy statements, regional plans, and district plans; and
the capacity required to meet—
the expected short and medium term requirements; and
the long term requirements; and
the provision of adequate development infrastructure to support the development of the land
development infrastructure means the network infrastructure for—
water supply, wastewater, and storm water; and
to the extent that it is controlled by local authorities, land transport as defined in section 5(1) of the Land Transport Management Act 2003.
After section 31(1)(a), insert:
the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in respect of housing and business land to meet the expected demands of the district:
Repeal section 31(1)(b)(ii).
In section 32(3), after “statement,”, insert “national planning standard,”.
“statement,”
“national planning standard,”
(1A)
In section 32(4), after “greater”, insert “or lesser”.
“greater”
“or lesser”
After section 32(4), insert:
(4A)
If the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1, the evaluation report must—
summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and
summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.
In section 32(5)(b), delete “publicly”.
“publicly”
In section 32(6), definition of proposal, after “statement,”, insert “national planning standard,”.
In section 32AA(1)(d)(i),—
after “New Zealand coastal policy statement”, insert “or a national planning standard”; and
“New Zealand coastal policy statement”
“or a national planning standard”
delete “publicly”.
In section 32AA(3), after “statement,”, insert “national planning standard,”.
In section 32A(3), after “statement,”, insert “national planning standard,”.
After section 34A(1), insert:
If a local authority is considering appointing 1 or more hearings commissioners to exercise a delegated power to conduct a hearing under Part 1 Part 1 or 5 of Schedule 1,—
the local authority must consult tangata whenua through relevant iwi authorities on whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and
if the local authority considers it appropriate, it must appoint at least 1 commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.
After section 35(2)(c), insert:
the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, or duties are exercised or performed; and
After section 35(2), insert:
(2AA)
Monitoring required by subsection (2) must be undertaken in accordance with any regulations.
In section 35A(1)(c), after “kaitiakitanga”, insert “; and”.
“kaitiakitanga”
“; and”
After section 35A(1)(c), insert:
any Mana Whakahono a Rohe entered into under section 58L.
In section 36(1), delete “, subject to subsection (2),”.
“, subject to subsection (2),”
After section 36(1)(cb), insert:
charges payable by a person who carries out a permitted activity, for the monitoring of that activity, if the local authority is empowered to charge for the monitoring in accordance with section 43A(8):
In section 36(1), delete “Charges fixed under this subsection shall be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.”
“Charges fixed under this subsection shall be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.”
Replace section 36(2) to (8) with:
Charges fixed under this section must be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.
Charges may be fixed under this section only—
in the manner set out in section 150 of the Local Government Act 2002; and
after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and
in accordance with section 36AAA.
A local authority must fix a charge under this section if required to do so by regulations made under section 360E.
Except where regulations are made under section 360E, if a charge fixed under this section is, in any particular case, inadequate to enable a local authority to recover its actual and reasonable costs in respect of the matter concerned, the local authority may require the person who is liable to pay the charge to also pay an additional charge to the local authority.
A local authority must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (5).
Sections 357B to 358 (which deal with rights of objection and appeal against certain decisions) apply in respect of the requirement by a local authority to pay an additional charge under subsection (5).
(8)
Section 36AAB sets out other matters relating to administrative charges.
After section 36, insert:
When fixing charges under section 36, a local authority must have regard to the criteria set out in this section.
The sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates.
A particular person or particular persons should be required to pay a charge only—
to the extent that the benefit of the local authority’s actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or
where the need for the local authority’s actions to which the charge relates results from the actions of those persons; or
in a case where the charge is in respect of the local authority’s monitoring functions under section 35(2)(a) (which relates to monitoring the state of the whole or part of the environment),—
to the extent that the monitoring relates to the likely effects on the environment of those persons’ activities; or
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.
The local authority may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—
in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or
where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority of carrying out any of its functions, powers, and duties.
A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in section 36 that would otherwise be payable.
Where a charge of a kind referred to in section 36 is payable to a local authority, the local authority need not perform the action to which the charge relates until the charge has been paid to it in full.
However, subsection (2) does not apply to a charge to which section 36(1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order).
A local authority must publish and maintain, on an Internet site to which the public has free access, an up-to-date list of charges fixed under section 36.
In section 39B(1)(f), after “Schedule 1”, insert “or given limited notification under clause 5A of that schedule”.
“Schedule 1”
“or given limited notification under clause 5A of that schedule”
After section 42C(d), insert:
to provide planning advice under section 149L to a board of inquiry:
if requested by the Minister, to provide secretarial and support services to a person appointed under another Act to make a decision requiring the application of provisions of this Act as applied or modified by the other Act:
if requested by the Minister, to provide advice and secretarial and support services to the Minister in relation to the Minister’s functions under the streamlined planning process (see subpart 5 of Part 5 and Part 5 of Schedule 1).
After section 42C, insert:
If the Minister asks the EPA under section 42C(dab) to provide secretarial and support services to a person (a supported person),—
the Minister may direct the EPA to recover from that person the actual and reasonable costs incurred by the EPA in providing the services; and
the EPA may recover those costs in accordance with the direction, but only to the extent that they are not provided for by an appropriation under the Public Finance Act 1989.
The EPA must, on request by the supported person, provide an estimate of the costs likely to be recovered under this section.
When recovering costs under this section, the EPA must have regard to the following criteria:
the sole purpose is to recover the reasonable costs incurred in providing the services:
the supported person should be required to pay for costs only to the extent that the benefit of the services provided by the EPA is obtained by that person as distinct from the community as a whole:
the extent to which any activity by the supported person reduces the cost to the EPA of providing the services.
If the EPA requires a supported person to pay costs recoverable under this section, the costs are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction.
In section 43AA, definition of proposed policy statement,—
after “clause 5 of Schedule 1”, insert “, or given limited notification under clause 5A of that schedule,”; and
“clause 5 of Schedule 1”
“, or given limited notification under clause 5A of that schedule,”
replace “clause 20 of Schedule 1” with “clause 20 of that schedule”.
“clause 20 of Schedule 1”
“clause 20 of that schedule”
In section 43AAC(1)(a),—
after “clause 5 of Schedule 1”, insert “or given limited notification under clause 5A of that schedule,”; and
“or given limited notification under clause 5A of that schedule,”
Replace the cross-heading above section 43 with:
(1AA)
After section 43(2)(d), insert:
non-technical methods or requirements:
After section 43(3), insert:
Regulations made under this section may apply—
generally; or
to any specified district or region of any local authority; or
to any specified part of New Zealand.
In section 43A(1)(f), after “permits”, insert “or consents”.
“permits”
“or consents”
(1AB)
In section 43A(2)(a)(i), after “standard”, insert “, including the duration of a consent”.
“standard”
“, including the duration of a consent”
(1AC)
After section 43A(3), insert:
(3A)
However, despite subsection (3), an activity that, in whole or in part, involves a hazardous substance or new organism may be classified as a permitted activity by a national environmental standard.
(3B)
Subsection (3A) applies only—
if the hazardous substance or new organism has been approved under the Hazardous Substances and New Organisms Act 1996; and
to the extent that any adverse effects of the hazardous substance or new organism on the environment are managed under conditions imposed on the approval granted under that Act.
After section 43A(7), insert:
A national environmental standard may empower local authorities to charge for monitoring any specified permitted activities in the standard.
Replace section 43B(3) with:
A rule or resource consent that is more lenient than a national environmental standard prevails over the standard if the standard expressly says that a rule or consent may be more lenient than it.
In section 43B(5), after “granted”, insert “under the district rules”.
“granted”
“under the district rules”
Replace section 43B(6) with:
The following permits and consents prevail over a national environmental standard:
a coastal, water, or discharge permit:
a land use consent granted in relation to a regional rule.
(6A)
Subsection (6) applies—
if those permits or consents are granted before the date on which a relevant national environmental standard is notified in the Gazette:
until a review of the conditions of the permit or consent under section 128(1)(ba) results in some or all of the standard prevailing over the permit or consent.
Replace section 43E(3) with:
A bylaw may be more lenient than a national environmental standard if the standard expressly specifies that the bylaw may be more lenient.
Repeal section 43G.
Replace section 44(1) and (2) with:
Before recommending the making of a national environmental standard to the Governor-General, the Minister must—
comply with section 46A(3); and
prepare an evaluation report for the standard in accordance with section 32; and
have particular regard to that report when deciding whether to recommend the making of the standard; and
publicly notify the report and recommendation made under section 46A(4)(c) or 51(2), as the case requires.
In section 44(3), after “steps”, insert “in section 46A”.
“steps”
“in section 46A”
Replace section 44A(2)(b) with:
the rule in the plan is more lenient than a provision in the standard and the standard does not expressly specify that a rule may be more lenient than the provision in the standard.
After section 45, insert:
A national policy statement must state objectives and policies for matters of national significance that are relevant to achieving the purpose of this Act.
A national policy statement may also state—
the matters that local authorities must consider in preparing policy statements and plans:
methods or requirements in policy statements or plans, and any specifications for how local authorities must apply those methods or requirements, including the use of models and formulas:
the matters that local authorities are required to achieve or provide for in policy statements and plans:
constraints or limits on the content of policy statements or plans:
objectives and policies that must be included in policy statements and plans:
directions to local authorities on the collection and publication of specific information in order to achieve the objectives of the statement:
directions to local authorities on monitoring and reporting on matters relevant to the statement, including—
directions for monitoring and reporting on their progress in relation to any provision included in the statement under this section; and
directions for monitoring and reporting on how they are giving effect to the statement; and
directions specifying standards, methods, or requirements for carrying out monitoring and reporting under subparagraph (i) or (ii):
any other matter relating to the purpose or implementation of the statement.
A national policy statement may apply—
A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings.
Consultation undertaken before this section comes into force in relation to a matter included in a national policy statement satisfies the requirement for consultation under section 46A.
Repeal section 46.
Replace section 46A with:
This section and sections 47 to 51 set out the requirements for preparing a national direction.
In this section and sections 47 to 51, national direction means both or either of the following documents:
a national environmental standard:
a national policy statement.
If the Minister proposes to issue a national direction, the Minister must either—
follow the requirements set out in sections 47 to 51; or
establish and follow a process that includes the steps described in subsection (4).
The steps required in the process established under subsection (3)(b) must include the following:
the public and iwi authorities must be given notice of—
the proposed national direction; and
why the Minister considers that the proposed national direction is consistent with the purpose of the Act; and
those notified must be given adequate time and opportunity to make a submission on the subject matter of the proposed national direction; and
a report and recommendations must be made to the Minister on the submissions and the subject matter of the national direction; and
the matters listed in section 51(1) must be considered as if the references in that provision to a board of inquiry were references to the person who prepares the report and recommendations.
In preparing a national direction, the Minister may, at any time, consult on a draft national direction.
When choosing between subsection (3)(a) and (b), the Minister may consider—
the advantages and disadvantages of preparing the proposed national direction quickly:
the extent to which the proposed national direction differs from—
other national environmental standards:
other national policy statements:
regional policy statements:
plans:
the extent and timing of public debate and consultation that took place before the proposed national direction was prepared:
any other relevant matter.
If the Minister decides, after consulting as required by subsection (3), to recommend that regulations on the same subject matter as that consulted on be made under any of sections 360 to 360G, the consultation under subsection (3) satisfies the requirement to consult the public and iwi authorities in relation to those regulations.
A national policy statement prepared in accordance with this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
In the heading to section 46B, replace “policy statements” with “direction”.
“policy statements”
“direction”
In section 46B, replace “policy statement” with “direction”.
“policy statement”
In section 47(1), replace “policy statement” with “direction”.
Replace the heading to section 48 with “Public notification of proposal for national direction and inquiry”.
“Public notification of proposal for national direction and inquiry”
In section 48(1), replace “policy statement” with “direction”.
In section 48(2)(a), (ab), and (b), replace “policy statement” with “direction”.
In section 49(1), replace “policy statement” with “direction”.
In section 50(1), replace “policy statement” with “direction” in each place.
In section 51(1)(b) and (c), replace “policy statement” with “direction”.
In section 52(1), replace “The Minister,— ” with “In the case of a national policy statement, whether made in accordance with section 46A(3)(a) or (b), the Minister— ”.
“The Minister,— ”
“In the case of a national policy statement, whether made in accordance with section 46A(3)(a) or (b), the Minister— ”
In section 52(1)(a), replace “section 51” with “section 46A(4)(c) or 51, as the case requires”.
“section 51”
“section 46A(4)(c) or 51, as the case requires”
In section 52(1)(c),—
replace “a further” with “an”; and
“a further”
“an”
replace “section 32AA” with “section 32”.
“section 32AA”
“section 32”
In section 55(2)(b), after “statement”, insert “; or”.
“statement”
“; or”
After section 55(2)(b), insert:
if it is necessary to make the document consistent with any constraint or limit set out in the statement.
In section 55(3), replace “specified in” with “directed by”.
“specified in”
“directed by”
Repeal section 55(4).
In section 56, after “state”, insert “objectives and”.
“state”
“objectives and”
In section 57(1), replace “section 46A(1)” with “section 46A(3)”.
“section 46A(1)”
“section 46A(3)”
In section 58, insert as subsections (2) and (3):
A New Zealand coastal policy statement may also include any of the matters specified in section 45A(2) and (4) (which applies as if references to a national policy statement were references to a New Zealand coastal policy statement).
A New Zealand coastal policy statement or any provisions of it may apply—
generally within the coastal environment; or
to any specified part of the coastal environment.
Repeal section 58A.
After section 58A, insert:
The purposes of national planning standards are—
to assist in achieving the purpose of this Act; and
to set out requirements or other provisions relating to any aspect of the structure, format, or content of regional policy statements and plans to address any matter that the Minister considers—
requires national consistency:
is required to support the implementation of a national environmental standard, a national policy statement, a New Zealand coastal policy statement, or regulations made under this Act:
is required to assist people to comply with the procedural principles set out in section 18A.
In this section and sections 58C to 58J, references to the Minister are to be read as references to the Minister of Conservation if, and to the extent that, a matter relates to the coastal marine area.
National planning standards must—
give effect to national policy statements; and
be consistent with—
national environmental standards; and
regulations made under this Act; and
water conservation orders.
National planning standards may specify—
any of the matters specified in section 45A(2) and (4) (which applies as if the national planning standard were a national policy statement):
objectives, policies, methods (including rules), and other provisions to be included in plans:
objectives, policies, methods (but not rules), and other provisions to be included in regional policy statements:
that a local authority must review, under section 128(1), a discharge, coastal, or water permit, or a land use consent required in relation to a regional rule.
For the purpose of subsection (1A)(b), national planning standards may include any rules that could be included in any plan under section 68, 68A to 70A, 76, or 77A to 77D.
A national planning standard may also—
specify the structure and form of regional policy statements and plans:
direct local authorities—
to use a particular structure and form for regional policy statements and plans:
to include specific provisions in their policy statements and plans:
to choose from a number of specific provisions to be included in their policy statements and plans:
direct whether a national planning standard applies generally, to specific regions or districts, or to other parts of New Zealand:
include time frames for local authorities to give effect to the whole or part of a national planning standard, including different time frames for different local authorities:
specify where local provisions must or may be included in regional policy statements and plans:
include requirements that relate to the electronic accessibility and functionality of policy statements and plans.
National planning standards may incorporate material by reference, and Schedule 1AA applies for the purposes of this subsection as if references to a national environmental standard, national policy statement, or New Zealand coastal policy statement included references to the national planning standards.
National planning standards may, for ease of reference, set out (or incorporate by reference) provisions of a national policy statement, New Zealand coastal policy statement, or regulations (including a national environmental standard), but those provisions do not form part of a national planning standard for the purposes of any other provision of this Act or for any other purpose.
If the Minister decides to prepare a national planning standard, the Minister must prepare it in accordance with this section and sections 58E to 58J.
In preparing or amending a national planning standard, the Minister may have regard to—
whether it is desirable to have national consistency in relation to a resource management issue:
whether the national planning standard supports the implementation of national environmental standards, national policy statements, a New Zealand coastal policy statement, or regulations made under this Act:
whether the national planning standard should allow for local circumstances and, if so, to what extent:
whether it is appropriate for the national planning standard to apply to a specified district, region, or other parts of New Zealand rather than nationally:
any other matter that is relevant to the purpose of the national planning standard.
Before approving a national planning standard, the Minister must—
prepare a draft national planning standard; and
prepare an evaluation report in accordance with section 32 and have particular regard to that report before deciding whether to publicly notify the draft; and
publicly notify the draft; and
establish a process that—
the Minister considers gives the public, local authorities, and iwi authorities adequate time and opportunity to make a submission on the draft; and
requires a report and recommendations to be made to the Minister on those comments submissions and the subject matter of the draft.
consider the report and recommendations made under section 58D(3)(d)(ii); and
carry out a further evaluation of the draft national planning standard in accordance with section 32AA and have particular regard to that evaluation when deciding whether to approve the national planning standard.
The Minister may—
approve a national planning standard after changing the draft in the manner that the Minister thinks fit; or
withdraw all or part of a draft national planning standard and give public notice of the withdrawal, including the reasons for the withdrawal.
The Minister must give notice of the approval of a national planning standard in the Gazette.
National planning standards are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
The Minister must ensure that—
public notice is given of the approval of a national planning standard; and
all national planning standards are published together in an integrated format that will assist the implementation of the national planning standards; and
copies of all national planning standards are provided to every local authority.
The Minister must publish all the national planning standards and the reports and any recommendations on them made to the Minister under section 58D(3)(d) on an Internet site to which the public has free access, and may publish the national planning standards and the reports and recommendations in any other way or form that the Minister considers appropriate.
The Minister must ensure that a first set of national planning standards is approved not later than 2 years after the date on which this section comes into force.
The first set of national planning standards must include the following minimum requirements (the minimum requirements):
a structure and form for policy statements and plans, including references to relevant national policy statements, national environmental standards, and regulations made under this Act; and
definitions; and
requirements for the electronic functionality and accessibility of policy statements and plans.
The Minister must ensure that, at all times after the approval of the first set of national planning standards, the minimum requirements are included in a planning standard.
The Minister may change or replace a national planning standard, following the process set out in sections 58D and 58E.
If a change to a national planning standard has not more than a minor effect or corrects errors or makes similar technical alterations, the Minister may make the change without following the process set out in sections 58D and 58E, other than to give notice of the change in the Gazette and on the Internet site referred to in section 58F(2).
If the Minister wishes to revoke a national planning standard in whole or in part, the Minister—
must give the public and iwi authorities notice, with adequate time and opportunity to comment on the proposed revocation; but
may make the revocation and give notice of it in the manner provided for notification of a change in subsection (2).
The revocation of the whole or part of a national planning standard does not have the effect of revoking any provision of a plan included at the direction of, or in reliance on, a revoked provision of the national planning standard.
In this section and sections 58I and 58J, document means any of the following:
a regional policy statement:
a proposed regional policy statement:
a proposed plan:
a plan:
a variation:
a change.
If a national planning standard so directs, a local authority must amend each of its documents—
to include specific provisions in the documents; and
to ensure that the document is consistent with any constraint or limit placed on the content of the document under section 58C(1A)(a) to (c).
An amendment required by subsection (2) must—
be made without using any of the processes set out in Schedule 1; and
be made within the time specified in the national planning standard or (in the absence of a specified time) within 1 year after the date of the notification in the Gazette of the approval of the national planning standard; and
amend the document to include the provisions as directed; and
include any consequential amendments to any document as necessary to avoid duplication or conflict with the amendments; and
be publicly notified not later than 5 working days after the amendments are made under paragraph (d).
If a national planning standard directs a local authority to choose from a number of specific provisions in a national planning standard, the local authority must—
choose an appropriate provision; and
use one of the processes set out in Schedule 1 in order to apply the provision to the local circumstances, but not to decide the content of the provision set by the national planning standard; and
notify any amendment required under this section within the time specified in the national planning standard, using any of the processes provided for by Schedule 1; and
make any consequential amendments to its documents needed to avoid duplication or inconsistency, but without using a process set out in Schedule 1; and
publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.
A document is amended as from the date of the relevant public notice under subsection (2A)(e) or (3)(c).
For the purpose of subsection (3)(a), a national planning standard may specify how local authorities are to choose relevant provisions from the national planning standard.
A local authority must—
make all other amendments to any document that are required to give effect to any provision in a national planning standard that affects the document, using one of the processes set out in Schedule 1; and
notify all amendments required under paragraph (a) not later than 1 year after the date of the notification in the Gazette of the approval of the national planning standard or at another time specified in the national planning standard.
A local authority must also take any other action that is directed by a national planning standard.
(9)
This section and section 58I are subject to the obligations of local authorities, or of any particular local authority, under any other Act that relates to the preparation or change of a policy statement or plan under this Act.
In the case of the first set of national planning standards, if a process provided by Schedule 1 is required, a local authority must make any amendments required not later than the fifth anniversary of the date on which the first set is notified in the Gazette under section 58J, unless—
a different time is specified in the first set; or
subsection (3) applies.
Subsection (3) applies if—
a local authority has notified a proposed policy statement or plan before the first set of national planning standards is notified in the Gazette; and
a process provided by Schedule 1 is required.
If this subsection applies, the local authority must make the amendments required—
within the time specified in the national planning standard; or
if no time is specified, not later than 5 years after the date on which the proposed policy statement or plan becomes operative.
Not later than 1 year after the date on which the approval of the first set of national planning standards is notified in the Gazette, a local authority must make its documents publicly available, free of charge on a single searchable Internet site, as they relate to a particular district or region.
After section 58J (as inserted by section 37 of the Resource Legislation Amendment Act 2015), insert:
In this subpart and Schedule 1,—
area of interest means the area that the iwi and hapū represented by an iwi authority identify as their traditional rohe
initiating iwi authority has the meaning given in section 58N(1)
iwi participation legislation means legislation (other than this Act), including any legislation listed in Schedule 3 of the Treaty of Waitangi Act 1975, that provides a role for iwi or hapū in processes under this Act
Mana Whakahono a Rohe means an iwi participation arrangement entered into under this subpart
participating authorities has the meaning given in section 58N(5)
participating iwi authorities means the iwi authorities that—
have agreed to participate in a Mana Whakahono a Rohe; and
have agreed the order in which negotiations are to be conducted
relevant iwi authority means an iwi authority whose area of interest overlaps with, or is adjacent to, the area of interest of an initiating iwi authority
relevant local authority means a district or regional council whose area of interest overlaps with, or is adjacent to, the area of interest represented by the initiating iwi authority.
The purpose of a Mana Whakahono a Rohe is—
to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under this Act; and
to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e), 7(a), and 8.
In initiating, developing, and implementing a Mana Whakahono a Rohe, the participating authorities must use their best endeavours—
to achieve the purpose of the Mana Whakahono a Rohe in an enduring manner:
to enhance the opportunities for collaboration amongst the participating authorities, including by promoting—
the use of integrated processes:
co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono a Rohe:
in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono a Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities:
to work together in good faith and in a spirit of co-operation:
to communicate with each other in an open, transparent, and honest manner:
to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise:
to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes:
to recognise that a Mana Whakahono a Rohe under this subpart does not limit the requirements of any relevant iwi participation legislation or the agreements associated with that legislation.
At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001, 1 or more iwi authorities representing tangata whenua (the initiating iwi authorities) may invite 1 or more relevant local authorities in writing to enter into a Mana Whakahono a Rohe with the 1 or more iwi authorities.
As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities—
may advise any relevant iwi authorities and relevant local authorities that the invitation has been received; and
must convene a hui or meeting of the initiating iwi authority and any iwi authority or local authority identified under paragraph (a) (the parties) that wishes to participate to discuss how they will work together to develop a Mana Whakahono a Rohe under this subpart.
The hui or meeting required by subsection (2)(b) must be held not later than 60 working days after the invitation sent under subsection (1) is received, unless the parties agree otherwise.
The purpose of the hui or meeting is to provide an opportunity for the iwi authorities and local authorities concerned to discuss and agree on—
the process for negotiation of 1 or more Mana Whakahono a Rohe; and
which parties are to be involved in the negotiations; and
the times by which specified stages of the negotiations must be concluded.
The iwi authorities and local authorities that are able to agree at the hui or meeting how they will develop a Mana Whakahono a Rohe (the participating authorities) must proceed to negotiate the terms of the Mana Whakahono a Rohe in accordance with that agreement and this subpart.
If 1 or more local authorities in an area are negotiating a Mana Whakahono a Rohe and a further invitation is received under subsection (1), the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the Mana Whakahono a Rohe.
If an iwi authority and a local authority have at any time entered into a relationship agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono a Rohe entered into under this subpart.
The participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono a Rohe.
Nothing in this subpart prevents a local authority from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono a Rohe with, 1 or more iwi authorities.
An iwi authority that, at the time of receiving an invitation to a meeting or hui under section 58N(2)(b), does not wish to participate in negotiating a Mana Whakahono a Rohe, or withdraws from negotiations before a Mana Whakahono a Rohe is agreed, may participate in, or initiate, a Mana Whakahono a Rohe at any later time (other than within the period that is 90 days before a triennial election under the Local Electoral Act 2001).
If a Mana Whakahono a Rohe exists and another iwi authority in the same area as the initiating iwi wishes to initiate a Mana Whakahono a Rohe under section 58N(1), that iwi authority must first consider joining the existing Mana Whakahono a Rohe.
The provisions of this subpart apply to any initiation under subsection (1).
A local authority may initiate a Mana Whakahono a Rohe with an iwi authority or with hapū.
The local authority and iwi authority or hapū concerned must agree on—
the process to be adopted; and
the time period within which the negotiations are to be concluded; and
how the Mana Whakahono a Rohe is to be implemented after negotiations are concluded.
If 1 or more hapū are invited to enter a Mana Whakahono a Rohe under subsection (4), the provisions of this subpart apply as if the references to an iwi authority were references to 1 or more hapū, to the extent that the provisions relate to the contents of a Mana Whakahono a Rohe (see sections 58L, 58M, 58Q, 58S, and 58T).
If an invitation is initiated under section 58N(1), the participating authorities must conclude a Mana Whakahono a Rohe within—
18 months after the date on which the invitation is received; or
any other period agreed by all the participating authorities.
A Mana Whakahono a Rohe must—
be recorded in writing; and
identify the participating authorities; and
record the agreement of the participating authorities about—
how an iwi authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification, collaborative, or streamlined planning processes under Schedule 1; and
how the participating authorities will undertake consultation requirements, including the requirements of section 34A(1A) and clause 4A of Schedule 1; and
how the participating authorities will work together to develop and agree on methods for monitoring under the under this Act; and
how the participating authorities will give effect to the requirements of any relevant iwi participation legislation, or of any agreements associated with, or entered into under, that legislation; and
a process for identifying and managing conflicts of interest; and
the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono a Rohe, including the matters described in subsection (2).
The dispute resolution process recorded under subsection (1)(c)(vi) must—
set out the extent to which the outcome of a dispute resolution process may constitute an agreement—
to alter or terminate a Mana Whakahono a Rohe (see subsection (5)):
to conclude a Mana Whakahono a Rohe at a time other than that specified in section 58P:
to complete a Mana Whakahono a Rohe at a later date (see section 58S(2)):
jointly to review the effectiveness of a Mana Whakahono a Rohe at a later date (see section 58S(3)):
to undertake any additional reporting (see section 58S(5)); and
require each of the participating authorities to bear its own costs for any dispute resolution process undertaken.
The dispute resolution process must not require a local authority to suspend commencing, continuing, or completing any process under the Act while the dispute resolution process is in contemplation or is in progress.
A Mana Whakahono a Rohe may also specify—
how a local authority is to consult or notify an iwi authority on resource consent matters, where the Act provides for consultation or notification:
the circumstances in which an iwi authority may be given limited notification as an affected party:
any arrangement relating to other functions, duties, or powers under this Act:
if there are 2 or more iwi authorities participating in a Mana Whakahono a Rohe, how those iwi authorities will work collectively together to participate with local authorities:
whether a participating iwi authority has delegated to a person or group of persons (including hapū) a role to participate in particular processes under this Act.
Unless the participating authorities agree,—
the contents of a Mana Whakahono a Rohe must not be altered; and
a Mana Whakahono a Rohe must not be terminated.
If 2 or more iwi authorities collectively have entered into a Mana Whakahono a Rohe with a local authority, any 1 of the iwi authorities, if seeking to amend the contents of the Mana Whakahono a Rohe, must negotiate with the local authority for that purpose rather than seek to enter into a new Mana Whakahono a Rohe.
This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono a Rohe.
The participating authorities—
may by agreement undertake a binding process of dispute resolution; but
if they do not reach agreement on a binding process, must undertake a non-binding process of dispute resolution.
Whether the participating authorities choose a binding process or a non-binding process, each authority must—
jointly appoint an arbitrator or a mediator; and
meet its own costs of the process.
If the dispute remains unresolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister.
The Minister, with a view to assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono a Rohe, may—
appoint, and meet the costs of, a Crown facilitator:
direct the participating authorities to use a particular alternative dispute resolution process for that purpose.
A local authority that enters into a Mana Whakahono a Rohe under this subpart must review its policies and processes to ensure that they are consistent with the Mana Whakahono a Rohe.
The review required by subsection (1) must be completed not later than 6 months after the date of the Mana Whakahono a Rohe, unless a later date is agreed by the participating authorities.
Every sixth anniversary after the date of a Mana Whakahono a Rohe, or at any other time by agreement, the participating authorities must jointly review the effectiveness of the Mana Whakahono a Rohe, having regard to the purpose of a Mana Whakahono a Rohe stated in section 58L and the guiding principles set out in section 58M.
The obligations under this section are in addition to the obligations of a local authority under—
section 27 (the provision of information to the Minister):
section 35 (monitoring and record keeping).
Any additional reporting may be undertaken by agreement of the participating authorities.
A Mana Whakahono a Rohe does not limit any relevant provision of any iwi participation legislation or any agreement under that legislation.
After section 61(1)(d), insert:
a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
In section 61(2), replace “62(2)” with “62(3)”.
“62(2)”
“62(3)”
Repeal section 62(1)(i)(ii).
In section 62(3), replace “or New Zealand coastal policy statement” with “, a New Zealand coastal policy statement, or a national planning standard”.
“or New Zealand coastal policy statement”
“, a New Zealand coastal policy statement, or a national planning standard”
Replace section 65(3)(c) with:
any risks from natural hazards:
In section 65(4), after “set out in”, insert “Part 2 of”.
“set out in”
“Part 2 of”
In section 65(5), replace “by the regional council in the manner set out in Schedule 1” with “in the manner set out in the relevant Part of Schedule 1”.
“by the regional council in the manner set out in Schedule 1”
“in the manner set out in the relevant Part of Schedule 1”
In section 65(7), replace “local authority” with “regional council”.
“local authority”
“regional council”
After section 66(1)(e), insert:
After section 67(3)(b), insert:
a national planning standard; and
After section 69(3), insert:
On and from the commencement of this subsection, Schedule 3 ceases to be applicable to fresh water.
Replace section 73(1) with:
There must at all times be 1 district plan for each district, prepared in the manner set out in the relevant Part of Schedule 1.
Replace section 73(1A) with:
A district plan may be changed in the manner set out in the relevant Part of Schedule 1.
In section 73(2), after “set out in”, insert “Part 2 or 5 of”.
“Part 2 or 5 of”
After section 74(1)(e), insert:
After section 75(3)(b), insert:
Repeal the cross-heading above section 78.
Before section 79, insert:
In section 79(2), replace “Part 1” with “Parts 1, 4, or 5”.
“Part 1”
“Parts 1, 4, or 5”
In section 79(3)(b), replace “Part 1” with “Parts 1, 4, or 5”.
In section 79(6), replace “Part 1” with “Parts 1, 4, or 5”.
In section 79(7)(b), replace “Part 1” with “Parts 1, 4, or 5”.
Before section 80, insert:
After section 80(6), insert:
In preparing or amending a combined document, the relevant local authorities must apply the requirements of this Part, as relevant for the documents comprising the combined document.
(6B)
The relevant local authorities may also, in preparing the provisions of a regional plan or a district plan, as the case may be, for a combined document that includes a regional policy statement,—
give effect to a proposed regional policy statement; and
have regard to an operative regional policy statement.
In section 80(7), replace “(6)” with “(6B)”.
“(6)”
“(6B)”
After section 80, insert:
This subpart, subpart 7, and Part 4 of Schedule 1 apply if a local authority gives public notice in accordance with clause 38 of Schedule 1 of its intention to use the collaborative planning process—
to prepare or change a proposed policy statement or plan:
to prepare or change a combined regional and district document under section 80.
If this subpart applies,—
clauses 1, 1A(1), 1B, 20, and 20A of Schedule 1 apply; but
the rest of Part 1 of Schedule 1 does not apply, except to the extent that it is expressly applied by this subpart or Part 4 of Schedule 1.
This subpart and Part 5 of Schedule 1 provide a process, through a direction of the responsible Minister, for the preparation of a planning instrument in order to achieve an expeditious planning process that is proportionate to the complexity and significance of the planning issues being considered.
Under this subpart, Schedule 1 applies as follows:
clauses 1A to 3C, 6, 6A, 16, and 20A apply; and
clauses 4, 9, 13, 21 to 27 (other than clauses 25(2)(a)(i) and (ii) and 26(b)), and 28(2) to (6) apply; but
the rest of Part 1 does not apply unless it is expressly applied by—
this subpart; or
Part 5 of Schedule 1; or
a direction given under clause 77 of Schedule 1.
In this subpart and Part 5 of Schedule 1,—
national direction means a direction made by—
a national planning template standard; or
a national environmental standard; or
regulations made under section 360; or
a national policy statement
planning instrument—
means a policy statement or plan; and
includes a change or variation to a policy statement or plan
responsible Minister means the Minister or Ministers who give a direction in accordance with this subpart and Part 5 of Schedule 1, namely,—
the Minister of Conservation, in the case of a regional coastal plan:
both the Minister and the Minister of Conservation, in the case of a proposed planning instrument that is to encompass matters within the jurisdiction of both those Ministers:
the Minister, in every other case.
If a local authority determines that, in the circumstances, it would be appropriate to use the streamlined planning process to prepare a planning instrument, it may apply in writing to the responsible Minister in accordance with clause 74 of Schedule 1 for a direction to proceed under this subpart.
However, a local authority may apply for a direction only if the local authority is satisfied that the application satisfies at least 1 of the following criteria:
the proposed planning instrument will implement a national direction:
as a matter of public policy, the preparation of a planning instrument is urgent:
the proposed planning instrument is required to meet a significant community need:
a plan or policy statement raises an issue that has resulted in unintended consequences:
the proposed planning instrument will combine several policy statements or plans to develop a combined document prepared under section 80:
the expeditious preparation of a planning instrument is required in any circumstance comparable to, or relevant to, those set out in paragraphs (a) to (e).
In relation to a private plan change accepted under clause 25(2)(b) of Schedule 1, a local authority must obtain the agreement of the person requesting the change before the local authority applies for a direction under this section.
If an application is made under this section, it must be submitted to the responsible Minister before the local authority gives notice—
under clause 5 or 5A of Schedule 1, in relation to a proposed planning instrument; or
under clause 38 of Schedule 1, if it intends to use the collaborative planning process; or
under clauses 25(2)(a)(i) and 26(b) of Schedule 1, in relation to a request for a private plan change.
In section 82(1)(c), after “New Zealand coastal policy statement”, insert “or a national planning standard”.
In section 82(2), after “New Zealand coastal policy statement,”, insert “a national planning standard,”.
“New Zealand coastal policy statement,”
“a national planning standard,”
In section 82(4), after “New Zealand coastal policy statement”, insert “or a national planning standard”.
In section 82(4), after “the other policy statement”, insert “or a national planning standard”.
“the other policy statement”
In section 82(4), after “section 55”, insert “or 58H”.
“section 55”
“or 58H”
In section 82(5), after “the other policy statement”, insert “or a national planning standard”.
In section 82(5), after “purpose of the policy statement,”, insert “national planning standard,”.
“purpose of the policy statement,”
In section 82(6), after “section 55(2)”, insert “, and giving effect to the national planning standard includes giving effect to it by complying with section 58H(2)”.
“section 55(2)”
“, and giving effect to the national planning standard includes giving effect to it by complying with section 58H(2)”
Replace the heading to section 85 with “Environment Court may give directions in respect of land subject to controls”.
“Environment Court may give directions in respect of land subject to controls”
In section 85(2)(a), delete “Part 1 of”.
“Part 1 of”
Replace section 85(3) and (4) with:
Subsection (3A) applies in the following cases:
on an application to the Environment Court to change a plan under clause 21 of Schedule 1:
on an appeal to the Environment Court in relation to a provision of a proposed plan or change to a plan.
The Environment Court, if it is satisfied that the grounds set out in subsection (3B) are met, may,—
in the case of a plan or proposed plan (other than a regional coastal plan or proposed regional coastal plan), direct the local authority to do whichever of the following the local authority considers appropriate:
modify, delete, or replace the provision in the plan or proposed plan in the manner directed by the court:
acquire all or part of the estate or interest in the land under the Public Works Act 1981, as long as—
the person with an estate or interest in the land or part of it agrees; and
the requirements of subsection (3D) are met; and
in the case of a regional coastal plan or proposed regional coastal plan,—
report its findings to the applicant, the regional council concerned, and the Minister of Conservation; and
include a direction to the regional council to modify, delete, or replace the provision in the manner directed by the court.
The grounds are that the provision or proposed provision of a plan or proposed plan—
makes any land incapable of reasonable use; and
places an unfair and unreasonable burden on any person who has an interest in the land.
(3C)
Before exercising its jurisdiction under subsection (3A), the Environment Court must have regard to—
Part 3 (including the effect of section 9(3); and
the effect of subsection (1) of this section.
(3D)
The Environment Court must not give a direction under subsection (3A)(a)(ii) unless—
the person with the estate or interest in the land or part of the land concerned (or the spouse, civil union partner, or de facto partner of that person)—
had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or otherwise included in the relevant plan or proposed plan; and
the provision or proposed provision remained in substantially the same form; and
the person with the estate or interest in the land or part of the land consents to the giving of the direction.
Any direction given or report made under subsection (3A) has effect under this Act as if it were made or given under clause 15 of Schedule 1.
Replace section 85(5) to (7) with:
Nothing in subsections (3) to (3D) limits the powers of the Environment Court under clause 15 of Schedule 1 on an appeal under clause 14 of that schedule.
In this section,—
provision of a plan or proposed plan does not include a designation or a heritage order or a requirement for a designation or a heritage order
reasonable use, in relation to land, includes the use or potential use of the land for any activity whose actual or potential effects on any aspect of the environment or on any person (other than the applicant) would not be significant.
In section 86(2), replace “section 185 and section 198” with “sections 85(3A)(a)(ii), 185, and 198”.
“section 185 and section 198”
“sections 85(3A)(a)(ii), 185, and 198”
Replace the cross-heading above section 86A with:
In section 86A(1), delete “or change described in section 86B(6)”.
“or change described in section 86B(6)”
In the heading to section 86B, delete “and changes”.
“and changes”
In section 86B(2)(a), delete “publicly”.
In section 86B(2)(b), delete “public”.
“public”
In section 86D(1)(a), delete “or change”.
“or change”
In section 86D(1)(b), delete “or (6)”.
“or (6)”
In section 86E(1)(a), after “clause 5”, insert “, or given limited notification under clause 5A”.
“clause 5”
“, or given limited notification under clause 5A”
Repeal section 86E(2).
In section 86E(3), delete “or change” in each place.
In section 86E(3), delete “or (2)”.
“or (2)”
In section 86F, insert as subsection (2):
However, until the decisions have been given under clause 10(4) of Schedule 1 on all submissions, subsection (1) does not apply to the rules in a proposed plan that was given limited notification.
In section 86G(1), delete “or a change”.
“or a change”
In section 86G(1), delete “or change”.
In section 123A(2)(b), after “managed”, insert “; or”.
“managed”
After section 123A(2)(b), insert:
a national environmental standard expressly allows a shorter period.
Replace section 128(1)(ba) with:
in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made; or
in the case of a land use consent, in relation to a relevant regional rule; or
In section 139(13)(c), after “making the request”, insert “; and”.
“making the request”
After section 139(13)(c), insert:
if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction.
In section 141, definition of matter, paragraph (c), after “local authority)”, insert “or part of such a request”.
“local authority)”
“or part of such a request”
In section 141, definition of matter, paragraph (d), after “local authority)”, insert “or part of such a request”.
In section 141, definition of matter, paragraph (e), after “plan”, insert “or part of a change to a plan”.
“plan”
“or part of a change to a plan”
In section 141, definition of matter, paragraph (f), after “plan”, insert “or part of a variation to a proposed plan”.
“or part of a variation to a proposed plan”
1
After section 142(3)(a)(iii), insert:
gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) of the definition of matter in section 141; or
Replace section 144(a) with:
later than 5 working days before the date fixed for the commencement of the hearing, if the local authority has notified the matter; or
After section 149C(3)(e), insert:
specify an electronic address for sending submissions; and
After section 149E(3), insert:
If a person who makes an electronic submission on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (3B)), any further correspondence relating to the matter must be served by sending it to that electronic address.
If subsection (3A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).
In section 149E(9), replace “20 working days” with “30 working days”.
“20 working days”
“30 working days”
After section 149F(2)(d), insert:
an electronic address for sending further submissions; and
After section 149F(5), insert:
(5A)
If a person who makes a further electronic submission on a matter to which the further submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (5B)), any further correspondence relating to the matter must be served by sending it to that electronic address.
(5B)
If subsection (5A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).
In section 149G(3)(a), after “New Zealand coastal policy statement,”, insert “a national planning standard,”.
In section 149J(3)(b), replace “must be” with “may (but need not) be”.
“must be”
“may (but need not) be”
After section 149J(3), insert:
The Minister may, if he or she considers it appropriate,—
invite the EPA to nominate persons to be members of the board:
appoint a member of the EPA board to be a member of the board of inquiry.
The Minister may, as he or she sees fit, set terms of reference about administrative matters relating to the inquiry.
Replace section 149K(4) with:
In appointing members, the Minister must consider the need for the board to have available to it, from its members,—
knowledge, skill, and experience relating to—
this Act; and
the matter or type of matter that the board will be considering; and
tikanga Māori; and
the local community; and
the exercise of control over the manner of examining and cross-examining witnesses; and
legal expertise; and
technical expertise in relation to the matter or type of matter that the board will be considering.
After section 149K, insert:
The EPA may—
make decisions regarding administrative and support matters that are incidental or ancillary to the conduct of an inquiry under this Part; or
allow the board of inquiry to make those decisions.
The EPA must have regard to the purposes of minimising costs and avoiding unnecessary delay when exercising its powers or performing its functions under subsection (1)(a) or (b).
Replace section 149L(2) to (4) with:
If a hearing is to be held, the EPA must—
fix a place for the hearing, which must be near to the area to which the matter relates; and
fix the commencement date and time for the hearing; and
give not less than 10 working days’ notice of the matters stated in paragraphs (a) and (b) to—
the applicant; and
every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard.
The EPA may provide a board of inquiry with an estimate of the amount of funding required to process a nationally significant proposal.
A board of inquiry—
must conduct its inquiry in accordance with any terms of reference set by the Minister under section 149J(3B):
must carry out its duties in a timely and cost-effective manner:
may direct that briefs of evidence be provided in electronic form:
must keep a full record of all hearings and proceedings:
may allow a party to question any other party or witness:
may permit cross-examination:
may, without limiting sections 39, 40 to 41D, 99, and 99A,—
direct that a conference of a group of experts be held:
direct that a conference be held with—
any of the submitters who wish to be heard at the hearing; or
the applicant; or
any relevant local authority; or
any combination of such persons:
must, in relation to a nationally significant proposal, have regard to the most recent estimate provided to the board of inquiry by the EPA under subsection (3).
A board of inquiry may obtain planning advice from the EPA in relation to—
the relevant district and regional plans, regional and national policy statements, a national planning standard, national environmental standards, and other similar documents:
the issues raised by the matter being considered by the board.
Replace section 149O(2) with:
On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change that—
states the Minister’s reasons for making a direction in relation to the matter; and
states where the proposed plan or change, accompanying information, and any further information may be viewed; and
specifies any rule in the proposed plan or change that has legal effect on and from the date that public notice of the proposed plan or change is given under this section; and
states that any person may make submissions to the EPA on the proposed plan or change; and
specifies the closing date for receiving submissions; and
specifies an electronic address for sending submissions; and
specifies the address for service of the EPA and the applicant.
In section 149O(4), replace “20 working days” with “30 working days”.
After section 149O(4), insert:
If a person who makes an electronic submission under subsection (3) on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (4B)), any further correspondence relating to the matter must be served by sending it to that electronic address.
If subsection (4A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).
Repeal section 149Q.
In the heading to section 149R, delete “final”.
“final”
Replace section 149R(1) with:
As soon as practicable after the board of inquiry has completed its inquiry on a matter, it must—
make its decision; and
produce a written report.
In section 149R(2), replace “do everything under subsection (1)” with “perform the duties in subsection (1)”.
“do everything under subsection (1)”
“perform the duties in subsection (1)”
Replace section 149R(2A) and (2B) with:
For the purposes of subsection (2), the 9-month period excludes—
the period starting on 20 December in any year and ending with 10 January in the following year:
any time while an inquiry is suspended under section 149ZG(3) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).
In section 149R(3)(e), after “New Zealand coastal policy statement”, insert “or to a national planning standard”.
“or to a national planning standard”
In section 149R(3)(f), after “New Zealand coastal policy statement,”, insert “a national planning standard,”.
In section 149R(4), replace “must send” with “must provide”.
“must send”
“must provide”
After section 149R(7), insert:
For the purposes of subsection (4)(d), the EPA is to be taken to have provided a copy of the final report to a submitter if—
the EPA has published the final report on an Internet site maintained by the EPA to which the public has free access; and
the submitter has specified an electronic address as an address for service (and has not requested that the final report be provided in hard copy form); and
the EPA has sent the submitter at that electronic address a link to the final report published on the Internet site referred to in paragraph (a).
In section 149RA(1), replace “minor mistakes or defects” with “minor omissions, errors, or other defects”.
“minor mistakes or defects”
“minor omissions, errors, or other defects”
After section 149S(3), insert:
For the purposes of subsection (2)(b), the period of 18 months excludes any time while an inquiry is suspended under section 149ZG(3) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).
After section 149ZE, insert:
This section applies when—
the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4); and
the requirement to pay is final, in that the person who is required to pay—
has not objected under section 357B or appealed under section 358 within the time permitted by this Act; or
has objected or appealed and the objection or the appeal has been decided against that person.
The costs referred to in subsection (1) are a debt due to either the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction.
This section applies if—
the EPA has given the person written notice that, unless the costs specified in the notice are paid,—
the EPA may cease to carry out its functions in relation to the matter; and
if it does so, the inquiry will be suspended.
If the person referred to in subsection (1)(b) fails to pay the costs in the required time, the EPA may cease carrying out its functions in respect of the matter.
If the EPA ceases to carry out its functions in respect of the matter, the inquiry is suspended.
If the EPA ceases to carry out its functions in respect of the matter, but subsequently the person required to pay the costs does so,—
the EPA must resume carrying out its functions in respect of the matter; and
the inquiry is resumed.
The EPA must, as soon as practicable after an inquiry is suspended under subsection (3) or is resumed under subsection (4)(b), notify the following that the inquiry is suspended or has resumed (as the case may be):
the board; and
the Minister; and
the relevant local authority; and
every person who has made a submission on the matter.
Nothing in this section affects or prejudices the right of a person to object under section 357B or appeal under section 358, but an objection or an appeal does not affect the right of the EPA under subsection (2) of this section to cease carrying out its functions.
In section 170, delete “publicly”.
In section 170, insert as subsections (2) to (8) and subsection cross-headings:
To obtain consent for the purposes of subsection (1), (4), or (8), the territorial authority must—
notify the requiring authority as to which planning process it intends to use under Schedule 1; and
seek the consent of the requiring authority to use that planning process for considering the requirement; and
if a collaborative planning process is to be used, inform the requiring authority that it must nominate a representative for appointment to the collaborative group.
Subsection (4) applies if a territorial authority—
receives notice of a requirement under section 168; and
proposes to notify that it will use a collaborative planning process under clause 38 of Schedule 1 within 40 working days of receiving the requirement.
If this subsection applies, the territorial authority may, if the requiring authority consents,—
include the requirement with the matters that will be subject to the proposed plan when it gives a notice under clause 38 of Schedule 1; and
include the requirement in the terms of reference set under clause 41 of Schedule 1, instead of complying with section 169.
If the requiring authority agrees to be part of the relevant collaborative group, the provisions of Part 4 of Schedule 1 apply to the notice of requirement.
If the requiring authority does not agree to be part of the collaborative group, or withdraws from the group before the group delivers its report under clause 43 of Schedule 1, the notice of requirement must not proceed using the collaborative planning process proposed under subsection (3)(b).
Subsection (8) applies if a territorial authority—
receives a notice of requirement under section 168; and
within 40 working days of receiving that notice of requirement, proposes to apply to the responsible Minister under section 80C for a direction to use a streamlined planning process.
If this subsection applies, the territorial authority may, if the requiring authority consents, include in its application to the responsible Minister the requirement as well as the matters that will be the subject of the proposed planning instrument, instead of complying with section 169.
After section 189(1), insert:
However, a heritage protection authority that is a body corporate approved under section 188 must not give notice of a requirement for a heritage order in respect of any place or area of land that is private land.
After section 189(5), insert:
Crown includes—
the Sovereign in right of New Zealand; and
departments of State; and
State enterprises named in Schedule 1 of the State-owned Enterprises Act 1986; and
Crown entities within the meaning of section 7 of the Crown Entities Act 2004; and
the mixed ownership model companies named in Schedule 5 of the Public Finance Act 1989; and
local authorities within the meaning of the Local Government Act 2002
private land—
means any land held in fee simple by any person other than the Crown; and
includes—
Maori land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; and
land held by a person under a lease or licence granted to the person by the Crown.
After section 195A, insert:
The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage order to another heritage protection authority.
However, the Minister must not exercise the power under subsection (1) if—
the heritage order relates to private land; and
the transfer of the order is to a body corporate approved under section 188.
In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—
the heritage values of the place or area subject to the heritage order; and
the reasonable use of the place or area despite it being subject to a heritage order; and
any other matters that the Minister considers relevant, such as—
the effect of the heritage order on the property rights of the owner and occupier (if any) of the place or area:
the ability of the heritage protection authority to whom the Minister proposes to transfer the heritage order to protect the place or area.
Before the Minister may make a determination to transfer responsibility for a heritage order under this section, the Minister must serve written notice of the Minister’s intention to do so on—
the heritage protection authority currently responsible for the heritage order; and
the heritage protection authority to whom the Minister proposes to transfer that responsibility; and
the owner and occupier (if any) of the place or area subject to the heritage order and any other person with a registered interest in that place or area; and
the territorial authority in whose district the place or area subject to the order is located.
The persons or organisations served with a notice under subsection (3) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.
The Minister must take into account all objections and submissions received within the specified time before making a final determination.
In subsection (1A), private land has the meaning given in section 189(6).
The Minister must publish a notice in the Gazette of the Minister’s determination under section 195B.
The territorial authority in whose district the place or area subject to an order under section 195B is located must note the transfer of responsibility for the heritage order by amending the district plan accordingly as soon as is reasonably practicable without using a process set out in Schedule 1.
In section 265(1)(c), after “Principal Environment Judge”, insert “or an Environment Judge”.
“Principal Environment Judge”
“or an Environment Judge”
Replace section 267(1) with:
An Environment Judge—
must, as soon as practicable after the lodging of proceedings, consider whether to convene a conference presided over by a member of the court; and
may, at any time after the lodging of proceedings, require the parties, or any Minister, local authority, or other person that or who has given notice of intention to appear under section 274, to be present at a conference presided over by a member of the court.
Each person required to be present at a conference must—
be present in person; or
have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise at the conference.
Replace section 268 with:
At any time after proceedings are lodged, the Environment Court may, for the purpose of facilitating the resolution of any matter, ask a member of the Environment Court or another person to conduct an ADR process before or at any time during the course of a hearing.
The Environment Court may act under this section on its own motion or on request.
A member of the Environment Court who conducts an ADR process is not disqualified from resuming his or her role to decide a matter if—
the parties agree that the member should resume his or her role and decide the matter; and
the member concerned and the court are satisfied that it is appropriate for him or her to do so.
In this section and section 268A, ADR process means an alternative dispute resolution process (for example, mediation) designed to facilitate the resolution of a matter.
This section applies to an ADR process conducted under section 268.
Each party to the proceedings must participate in the ADR process in person or by a representative, unless leave is granted under this section.
Each person required to participate in an ADR process must—
have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process.
A party to the proceedings may apply to the Environment Court for leave not to participate in the ADR process.
The Environment Court may grant leave if it considers that it is not appropriate for the party to participate in the ADR process.
After section 276(3), insert:
This section applies subject to section 277A.
After section 277, insert:
This section applies to an appeal brought by way of a rehearing under clause 59 of Schedule 1.
In conducting the appeal, the Environment Court has full discretion to rehear all or any part of the evidence received by the local authority or panel whose decision is the subject of the appeal.
The Environment Court must rehear the evidence of a witness if the court has reason to believe that the record of evidence of that person made by direction of the local authority or panel is or may be incomplete in any material way.
A party to the appeal may introduce new evidence with the leave of the Environment Court.
The Environment Court may grant leave under subsection (4), but only if it considers that the proposed new evidence was not able to be produced at the hearing conducted by the local authority or panel.
After section 279(4), insert:
In the case of an appeal under section 120, in addition to exercising the powers conferred by subsections (1) to (4), an Environment Judge sitting alone may—
exercise any other powers of the Environment Court that may be conferred by the Principal Environment Judge either generally or in relation to a particular matter; and
exercise those powers on any terms and conditions that the Principal Environment Judge may think fit.
After section 280(1), insert:
If proceedings relate to an appeal under section 120, 1 or more Environment Commissioners sitting without an Environment Judge may,—
in relation to a particular matter, exercise any of the powers conferred by section 279(1) to (4) on an Environment Judge sitting alone that may be conferred by the Environment Judge after a conference held under section 267 in relation to that matter; and
exercise the powers referred to in paragraph (a) on any terms and conditions that the Environment Judge may think fit.
Repeal section 280(1A).
Replace section 281A with:
A person may apply to the Registrar for a waiver, reduction, or postponement of the payment to the court of any fee prescribed by regulations made under this Act.
The application must be made in the prescribed form (if any).
The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any prescribed criteria, that—
the person responsible for paying the fee is unable to pay the fee in whole or in part; or
in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised.
In section 293(3)(b), replace “the” with “a”.
“the”
“a”
After section 293(3)(b), insert:
a national planning standard:
In section 293(5)(a), replace “the New Zealand coastal policy statement,” with “a New Zealand coastal policy statement, a national planning standard,”.
“the New Zealand coastal policy statement,”
“a New Zealand coastal policy statement, a national planning standard,”
In section 308B(3), delete “clause 6(4) or 29(1B) of”.
“clause 6(4) or 29(1B) of”
In section 310(b)(i), after “New Zealand coastal policy statement”, insert “or a national planning standard”.
In section 310(ba)(i), after “for the region”, insert “or a relevant provision or proposed provision of a national planning standard”.
“for the region”
“or a relevant provision or proposed provision of a national planning standard”
In section 310(bb)(i), after “regional policy statement”, insert “or a relevant provision or proposed provision of a national planning standard”.
“regional policy statement”
In section 352A(4), definition of Registrar, replace “section 2(1)” with “section 5”.
“section 2(1)”
“section 5”
In section 357B(a), replace “section 36(3)” with “section 36(5)”.
“section 36(3)”
“section 36(5)”
In section 357D(1)(c), replace “section 36(3)” with “section 36(5)”.
After section 360(1)(b), insert:
prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under section 281A, the criteria that the Registrar must apply to—
assess a person’s ability to pay a fee; and
identify proceedings that concern matters of public interest:
In section 360(1)(ba), after “under this Act”, insert “(including offences prescribed under paragraph (ho))”.
“under this Act”
“(including offences prescribed under paragraph (ho))”
Replace section 360(1)(bb) with:
prescribing forms for infringement notices and any particulars to be contained in infringement notices, including infringement fees (which may be different fees for different offences)—
not exceeding a fee of $2,000 for each infringement offence prescribed under paragraph (ho):
not exceeding a fee of $100 per stock unit for each infringement offence prescribed under paragraph (ho) that is differentiated on the basis of the number of stock units, to a maximum fee of $2,000 for each infringement offence:
not exceeding a fee of $1,000 in any other case:
After section 360(1)(d), insert:
prescribing the form and content (including conditions) of water permits and discharge permits:
In section 360(1)(hk), replace “section 35(2)(a)(ii)” with “section 35(2) and (2AA)”.
“section 35(2)(a)(ii)”
“section 35(2) and (2AA)”
After section 360(1)(hk)(i), insert:
matters by reference to which monitoring must be carried out:
After section 360(1)(hm), insert:
prescribing measures for the purpose of excluding stock from water bodies, estuaries, and coastal lakes and lagoons, including regulations that—
apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):
apply generally in relation to water bodies, estuaries, and coastal lakes and lagoons or to specified kinds of water bodies, estuaries, and coastal lakes and lagoons:
apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, and coastal lakes and lagoons:
prescribe technical requirements for the purposes of the regulations (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):
prescribing infringement offences for the contravention of, or non-compliance with, any regulations made under paragraph (hn):
prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—
local authorities:
the holders of resource consents:
other persons:
provide that, despite sections 68(2) and 76(2), a more stringent rule in a plan prevails over a regulation made under paragraph (hn):
After section 360(2), insert:
Any consultation undertaken before the commencement of subsection (1)(bb), (hn), or (ho), in relation to a regulation made under those paragraphs, satisfies the consultation requirements in relation to that regulation.
After section 360(2E), insert:
(2F)
Regulations made under subsection (1)(hn) or (ho) may specify—
that rules inconsistent with those regulations be withdrawn or amended—
to the extent necessary to remove the inconsistency; and
as soon as practicable after the date on which the regulations come into force; but
without using any of the processes under Schedule 1 for changing a plan or proposed plan; and
in relation to a rule made before the commencement of the regulations,—
the extent to which a matter that the regulations apply to continues to have effect; or
the period for which a matter that the regulations apply to continues to have effect.
(2G)
If regulations specify a matter under subsection (2F), 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.
After section 360B(2)(c)(iii)(B), insert:
After section 360C, insert:
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to prohibit or remove specified rules or types of rules that would duplicate, overlap with, or deal with the same subject matter as is included in other legislation.
The Governor-General may, by Order in Council made on the recommendation of the Minister but subject to subsection (1A), make regulations to prohibit or remove specified rules or types of rules that would duplicate, overlap with, or deal with the same subject matter that is included in other legislation.
Subsection (1) does not apply to rules or types of rules that regulate the growing of crops that are genetically modified organisms.
(1B)
In subsection (1A), genetically modified organisms has the meaning given in section 2(1) of the Hazardous Substances and New Organisms Act 1996.
Regulations made under this section may require that rules inconsistent with those regulations be withdrawn or amended—
without using any of the processes under Schedule 1 for changing a plan or proposed plan.
If regulations include a requirement under subsection (4), their withdrawal or amendment must be publicly notified by the local authority not later than 5 working days after they have been withdrawn or amended.
Regulations made under this section—
may specify, in relation to a rule made before the commencement of the regulations,—
the period for which a matter that the regulations apply to continues to have effect; and
may apply—
to any specified district or region; or
Section 360(2) and (4) applies to regulations made under this section.
Before recommending that regulations be made under section 360D, the Minister must—
notify the public, relevant local authorities, and relevant iwi authorities of the proposed regulations; and
the Minister considers gives the public, the relevant local authorities, and the relevant iwi authorities adequate time and opportunity to comment on the proposed regulations; and
requires a report and recommendation to be made to the Minister on the comments received under subparagraph (i); and
ensure that an evaluation report is prepared under section 32; and
have particular regard to that report when deciding whether to recommend that regulations be made; and
publicly notify the report and recommendation required under paragraph (b)(ii).
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of specifying the charges that a local authority is required to fix under section 36(1) (see section 36(4)).
must not fix the amount to be charged by local authorities under section 36(1); but
may require local authorities—
to fix charges for hearings commissioners determining plan changes or resource consent applications, in accordance with a delegation from the local authority under section 34A(1), where a hearing is held:
before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing:
may require local authorities to fix charges for the functions referred to in section 36(1)(b).
Regulations that relate to a function referred to in section 36(1)(b)—
must specify the class or classes of application in respect of which each charge is to be fixed; and
must include a schedule of charges to be applied by local authorities, fixed on the basis of—
the class of application; and
the complexity of the class of application to which the charges apply; and
may specify a class or classes of additional charges that may apply.
Replace section 401B(a) with:
authorises the holder to occupy any part of the common marine and coastal area; and
Part 16 is repealed.
Amend Schedule 1 as set out in Schedule 1 of this Act.
In Schedule 1AA, after clause 1(3), insert:
Any material or documents that may be incorporated by reference under this schedule may be in electronic form, and may include any electronic tools, models, and databases that are appropriate for inclusion in a national environmental standard, a national policy statement, or a New Zealand coastal policy statement.
A requirement to provide a copy of any material or document incorporated by reference under this schedule is satisfied if an electronic copy is provided.
In Schedule 4,—
clause 6(1)(c), delete “substances and”; and
“substances and”
clause 7(1)(f), delete “or the use of hazardous substances”.
“or the use of hazardous substances”
Amend Schedule 12 as set out in Schedule 2 of this Act.
Amend the enactments specified in Schedule 3 as set out in that schedule.
boundary activity and boundary rule have the meanings given in section 87AAB
fast-track application has the meaning given in section 87AAC
infringed boundary, in relation to a boundary activity, has the meaning given in section 87AAB
public boundary has the meaning given in section 87AAB
In section 2(1), replace the definition of public notice with:
public notice has the meaning given in section 2AB
Replace section 2AA(2) with:
In this Act, unless the context otherwise requires,—
affected customary marine title group has the meaning given in section 95G
affected person means a person who, under section 95E or 149ZCF, is an affected person in relation to the application or matter
affected protected customary rights group has the meaning given in section 95F
limited notification means serving notice of the application or matter on any affected person within the time limit specified by section 95, 169(1), or 190(1)
notification means public notification or limited notification of the application or matter
public notification means giving public notice by—
giving notice of the application or matter in the manner required by section 2AB; and
giving that notice within the time limit specified by section 95, 169(1), or 190(1); and
serving notice of the application or matter on every prescribed person.
After section 2AA, insert:
If this Act requires a person to give public notice of something, the person must—
publish on an Internet site to which the public has free access a notice that—
includes all the information that is required to be publicly notified; and
is in the prescribed form (if any); and
publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates.
The notice and the short summary of the notice must be worded in a way that is clear and concise.
Replace section 11(1)(a) with:
a subdivision permitted by subsection (1A); or
After section 11(1), insert:
A person may subdivide land under subsection (1)(a) if—
either—
the subdivision is expressly allowed by a resource consent; or
the subdivision does not contravene a national environmental standard, a rule in a district plan, or a rule in a proposed district plan for the same district (if there is one); and
the subdivision is shown on a survey plan that is—
deposited under Part 10 by the Registrar-General of Land, in the case of a survey plan described in paragraph (a)(i) or (b) of the definition of survey plan in section 2(1); or
approved as described in section 228 by the Chief Surveyor, in the case of a survey plan described in paragraph (a)(ii) of the definition of survey plan in section 2(1).
In section 35(5)(ga), after “37”, insert “, 87BA, 87BB”.
“37”
“, 87BA, 87BB”
After section 36(1)(ad), insert:
charges payable by persons proposing to undertake an activity, for the carrying out by the local authority of its functions in relation to issuing a notice under section 87BA or 87BB stating whether the activity is a permitted activity:
charges payable by a person making an objection under section 357A(1)(f) or (g), if the person requests under section 357AB that the objection be considered by a hearings commissioner, for the cost of the objection being considered and decided in accordance with the request:
In section 41A, replace “section 41B or section 41C” with “any of sections 41B to 41D”.
“section 41B or section 41C”
“any of sections 41B to 41D”
Repeal section 41C(7) to (9).
After section 41C, insert:
An authority conducting a hearing on a matter described in section 39(1) may direct that a submission or part of a submission be struck out if the authority is satisfied that at least 1 of the following applies to the submission or the part:
it is frivolous or vexatious:
it discloses no reasonable or relevant case:
it would be an abuse of the hearing process to allow the submission or the part to be taken further:
it is supported only by evidence that, though purporting to be independent expert evidence, has been prepared by a person who is not independent or who does not have sufficient specialised knowledge or skill to give expert evidence on the matter:
it contains offensive language.
An authority—
may make a direction under this section before, at, or after the hearing; and
must record its reasons for any direction made.
A person whose submission is struck out, in whole or in part, has a right of objection under section 357.
Replace section 48(1) with:
As soon as practicable after its appointment, a board of inquiry must ensure that—
public notice of the proposed national policy statement and inquiry is given; and
a copy of the short summary of the notice referred to in section 2AB(1)(b), along with details of the Internet site where the notice can be accessed, is published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin.
After section 87AA, insert:
An activity is a boundary activity if—
the activity requires a resource consent because of the application of 1 or more boundary rules, but no other district rules, to the activity; and
no infringed boundary is a public boundary.
boundary rule means a district rule, or part of a district rule, to the extent that it relates to—
the distance between a structure and 1 or more boundaries of an allotment; or
the dimensions of a structure in relation to its distance from 1 or more boundaries of an allotment
infringed boundary, in relation to a boundary activity,—
means a boundary to which an infringed boundary rule applies:
if there is an infringement to a boundary rule when measured from the corner point of an allotment (regardless of where the infringement is to be measured from under the district plan), means every allotment boundary that intersects with the point of that corner:
if there is an infringement to a boundary rule that relates to a boundary that forms part of a private way, means the allotment boundary that is on the opposite side of the private way (regardless of where the infringement is to be measured from under the district plan)
public boundary means a boundary between an allotment and any road, river, lake, coast, esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown.
An application is a fast-track application if—
the application is for a resource consent for 1 or both of the following, but no other, activities:
a controlled activity that requires consent under a district plan (other than a subdivision of land):
an activity prescribed, or identified in the manner prescribed, under section 360F(1)(a); and
the application includes an address for service that is an electronic address.
An application described in subsection (1) ceases to be a fast-track application if—
a consent authority gives public or limited notification of the application; or
a hearing is to be held for the application; or
at the time the application is lodged, the applicant notifies the consent authority that the applicant wishes to opt out of the fast track process.
To avoid doubt, if an application ceases to be a fast-track application under subsection (2)(a) or (b),—
the application is not incomplete by reason only that it does not include the information referred to in section 88(2)(c); but
a consent authority may, under section 92, request the applicant to provide any of the information referred to in section 88(2)(c).
To avoid doubt, when an application ceases to be a fast-track application,—
the application becomes subject to the standard processing requirements (including any time periods for doing anything) under this Act that would have applied if the application had not been a fast-track application; and
those time periods are deemed to have been running from the time they would have begun if this section had not applied and are not reset as from the time the application ceases to be fast-track.
If an activity is a boundary activity,—
the activity may be a permitted activity if the requirements of section 87BA are satisfied:
there are restrictions on who may be notified of an application for a resource consent for the activity (see sections 95A(4) and (5) and 95B(7)):
the right of appeal under section 120 against the whole or any part of a decision of a consent authority is excluded unless the decision relates to a resource consent for a non-complying activity.
If an application is a fast-track application,—
a consent authority must, within the time limit specified in section 95 for fast-track applications, decide whether to give public or limited notification of the application; and
notice of a decision on the application must be given within the time limit specified in section 115(4A); and
except as provided for in paragraphs (a) and (b), this Act applies to the application in the same way as it applies to any other application for a resource consent.
This overview is by way of explanation only. If any provision of this Act conflicts with this overview, that provision prevails.
After section 87B, insert:
A boundary activity is a permitted activity if—
the person proposing to undertake the activity provides to the consent authority—
a description of the activity; and
a plan (drawn to scale) of the site at which the activity is to occur, showing the height, shape, and location on the site of the proposed activity; and
the full name and address of each owner of the site; and
the full name and address of each owner of an allotment with an infringed boundary; and
each owner of an allotment with an infringed boundary—
gives written approval for the activity; and
signs the plan referred to in paragraph (a)(ii); and
the consent authority notifies the person proposing to undertake the activity that the activity is a permitted activity.
If a person proposing to undertake an activity provides information to a consent authority under this section, the consent authority must,—
if subsection (1)(a) and (b) are satisfied, give a notice under subsection (1)(c); or
if subsection (1)(a) and (b) are not satisfied, notify the person of that fact and return the information to the person.
The consent authority must take the appropriate action under subsection (2) within 10 working days after the date on which it receives the information it needs to make a decision under subsection (2)(a) or (b).
A notice given under this section must be in writing.
If a person has submitted an application for a resource consent for a boundary 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.
A notice given under subsection (1)(c) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.
An activity is a permitted activity if—
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 (including any national environmental standard), a plan, or a proposed plan; and
any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and
any adverse effects of the activity on a person are less than minor; and
the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity.
A consent authority may give a notice under subsection (1)(d)—
after receiving an application for a resource consent for the activity; or
on its own initiative.
The notice must be in writing and must include—
details of the site at which the activity is to occur; and
the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision.
If a person has submitted an application for a resource consent 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.
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.
Replace section 88(2)(b) with:
in the case of a fast-track application, include the prescribed information relating to the activity (if any) (see section 360F(1)(b)); and
in the case of any other application or a fast-track application where there are no prescribed information requirements relating to the activity, include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required by Schedule 4.
Replace section 88(3)(b) with:
include the information required by subsection (2)(b) or (c) (as applicable).
Replace sections 95 to 95B with:
A consent authority must, within the time limit specified in subsection (2),—
decide, in accordance with sections 95A and 95B, whether to give public or limited notification of an application for a resource consent; and
notify the application if it decides to do so.
The time limit is,—
in the case of a fast-track application, 10 working days after the day the application is first lodged; and
in the case of any other application, 20 working days after the day the application is first lodged.
A consent authority must follow the steps set out in this section, in the order given, to determine whether to publicly notify an application for a resource consent.
Determine whether the application meets any of the criteria set out in subsection (3) and,—
if the answer is yes, publicly notify the application; and
if the answer is no, go to step 2.
The criteria for step 1 are as follows:
the applicant has requested that the application be publicly notified:
public notification is required under section 95C:
the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.
Determine whether the application meets either of the criteria set out in subsection (5) and,—
if the answer is yes, go to step 4 (step 3 does not apply); and
if the answer is no, go to step 3.
The criteria for step 2 are as follows:
the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification:
the application is for a resource consent for 1 or more of the following, but no other, activities:
a controlled activity:
a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity:
a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity:
a prescribed activity (see section 360G(1)(a)(i)).
In subsection (5), residential activity means an activity that requires resource consent under a regional or district plan and that is associated with the construction, alteration, or use of 1 or more dwellinghouses on land that, under a district plan, is intended to be used solely or principally for residential purposes.
Determine whether the application meets either of the criteria set out in subsection (8) and,—
if the answer is no, go to step 4.
The criteria for step 3 are as follows:
the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification:
the consent authority decides, in accordance with section 95D, that the activity will have or is likely to have adverse effects on the environment that are more than minor.
Determine whether special circumstances exist in relation to the application that warrant the application being publicly notified and,—
if the answer is no, do not publicly notify the application, but determine whether to give limited notification of the application under section 95B.
A consent authority must follow the steps set out in this section, in the order given, to determine whether to give limited notification of an application for a resource consent, if the application is not publicly notified under section 95A.
Determine whether there are any—
affected protected customary rights groups; or
affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).
Determine—
whether the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement made in accordance with an Act specified in Schedule 11; and
whether the person to whom the statutory acknowledgement is made is an affected person under section 95E.
Notify the application to each affected group identified under subsection (2) and each affected person identified under subsection (3).
Determine whether the application meets either of the criteria set out in subsection (6) and,—
the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes limited notification:
the application is for a resource consent for either or both of the following, but no other, activities:
a prescribed activity (see section 360G(1)(a)(ii)).
Determine whether, in accordance with section 95E, the following persons are affected persons:
in the case of a boundary activity, an owner of an allotment with an infringed boundary; and
in the case of any activity prescribed under section 360G(1)(b), a prescribed person in respect of the proposed activity.
In the case of any other activity, determine whether a person is an affected person in accordance with section 95E.
Notify each affected person identified under subsections (7) and (8) of the application.
(10)
Determine whether special circumstances exist in relation to the application that warrant notification of the application to any persons to whom limited notification would otherwise be precluded other persons not already determined to be eligible for limited notification under this section (excluding persons assessed under section 95E as not being affected persons), and,—
if the answer is yes, notify those persons; and
if the answer is no, do not notify anyone else.
In section 95C(1), replace “Despite section 95A(1), a consent authority must publicly notify an application for a resource consent if” with “A consent authority must publicly notify an application for a resource consent (see section 95A(2) and (3)) if”.
“Despite section 95A(1), a consent authority must publicly notify an application for a resource consent if”
“A consent authority must publicly notify an application for a resource consent (see section 95A(2) and (3)) if”
In section 95D, replace “section 95A(2)(a)” with “section 95A(8)(b)”.
“section 95A(2)(a)”
“section 95A(8)(b)”
In section 95D(c),—
delete “controlled or”; and
“controlled or”
delete “reserves control or”.
“reserves control or”
Replace section 95E with:
For the purpose of giving limited notification of an application for a resource consent for an activity to a person under section 95B(4) and (9) (as applicable), a person is an affected person if the consent authority decides that the activity’s adverse effects on the person are minor or more than minor (but are not less than minor).
The consent authority, in assessing an activity’s adverse effects on a person for the purpose of this section,—
may disregard an adverse effect of the activity on the person if a rule or a national environmental standard permits an activity with that effect; and
must, if the activity is a controlled activity or a restricted discretionary activity, disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule or a national environmental standard reserves control or restricts discretion; and
must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11.
A person is not an affected person in relation to an application for a resource consent for an activity if—
the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or
the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.
Subsection (4) prevails over subsection (1).
In the heading to section 95F, replace “Status of” with “Meaning of affected”.
“Status of”
“Meaning of affected”
In section 95F, replace “A consent authority must decide that a protected customary rights group is an affected protected customary rights group” with “A protected customary rights group is an affected protected customary rights group”.
“A consent authority must decide that a protected customary rights group is an affected protected customary rights group”
“A protected customary rights group is an affected protected customary rights group”
In the heading to section 95G, replace “Status of” with “Meaning of affected”.
In section 95G, replace “A consent authority must decide that a customary marine title group is an affected customary marine title group” with “A customary marine title group is an affected customary marine title group”.
“A consent authority must decide that a customary marine title group is an affected customary marine title group”
“A customary marine title group is an affected customary marine title group”
After section 104(1)(a), insert:
any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and
In section 104D(1), replace “for the purpose of section 95A(2)(a)” with “for the purpose of notification”.
“for the purpose of section 95A(2)(a)”
“for the purpose of notification”
Replace section 106(1)(a) and (b) with:
there is a significant risk from natural hazards; or
After section 106(1), insert:
For the purpose of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of—
the likelihood of natural hazards occurring (whether individually or in combination); and
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and
any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).
In section 108(1), replace “subject to any regulations” with “subject to section 108AA and any regulations”.
“subject to any regulations”
“subject to section 108AA and any regulations”
After section 108, insert:
A consent authority must not include a condition in a resource consent for an activity unless—
the applicant for the resource consent agrees to the condition; or
the condition is directly connected to 1 or both of the following:
an adverse effect of the activity on the environment:
an applicable district or regional rule, or a national environmental standard; or
the condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent.
Subsection (1) does not limit this Act or regulations made under it.
This section does not limit section 77A (power to make rules to apply to classes of activities and specify conditions), 106 (consent authority may refuse subdivision consent in certain circumstances), or 220 (condition of subdivision consents).
For the purpose of this section, a district or regional rule or a national environmental standard is applicable if the application of that rule or standard to the activity is the reason, or one of the reasons, that a resource consent is required for the activity.
Nothing in this section affects section 108(2)(a) (which enables a resource consent to include a condition requiring a financial contribution).
After section 115(4), insert:
Despite anything else in this section, if the application is a fast-track application, notice of the decision must be given within 10 working days after the date the application was first lodged with the authority.
After section 120(1), insert:
However, there is no right of appeal under this section against the whole or any part of a decision of a consent authority referred to in subsection (1) to the extent that the decision relates to 1 or more of the following, but no other, activities:
a boundary activity, unless the boundary activity is a non-complying activity:
a subdivision, unless the subdivision is a non-complying activity:
a residential activity as defined in section 95A(6), unless the residential activity is a non-complying activity.
A person who has a right of appeal under this section subsection (1)(b) may appeal only in respect of a matter raised in the person’s submission (excluding any part of the submission that is struck out under section 41D).
In section 120(2), after “sections 357A,”, insert “357AB,”.
“sections 357A,”
“357AB,”
After section 139(8), insert:
(8A)
The authority must not issue a certificate if a notice for the activity is in force under section 87BA(1)(c) or 87BB(1)(d).
In section 139(9), after “357A”, insert “, 357AB,”.
“357A”
“, 357AB,”
In section 139(12), replace “120” with “120(1) or (2)”.
“120”
“120(1) or (2)”
In section 139A(9), after “119”, insert “, 120(1A) and (1B),”.
“119”
“, 120(1A) and (1B),”
In section 139A(10), after “357A”, insert “, 357AB,”.
In section 149ZB(3), replace “sections 95A to 95G” with “sections 149ZCB to 149ZCF”.
“sections 95A to 95G”
“sections 149ZCB to 149ZCF”
In section 149ZC(2), replace “sections 95A to 95G (but without the time limit specified by section 95)” with “sections 149ZCB to 149ZCF”.
“sections 95A to 95G (but without the time limit specified by section 95)”
Replace section 149ZC(2) with:
The Minister must apply sections 149ZCB to 149ZCF in making his or her decision under subsection (1).
In section 149ZC(4), delete “(but ignoring the time limit specified by section 95)”.
“(but ignoring the time limit specified by section 95)”
After section 149ZC, insert:
Sections 149ZCB to 149ZCF apply to the EPA’s recommendation under section 149ZB and the Minister’s decision under section 149ZC on whether to notify an application or a notice to which section 149ZB relates.
The Minister may, in his or her discretion, decide whether to require the EPA to publicly notify an application or a notice.
Despite subsection (1), the EPA must publicly notify an application or a notice if—
the Minister decides (under section 149ZCE) that the activity that is the subject of the application or notice will have, or is likely to have, adverse effects on the environment that are more than minor; or
the applicant requests public notification of the application or notice; or
a rule or national environmental standard requires public notification of the application or notice.
Despite subsections (1) and (2)(a), the EPA must not publicly notify the application or notice if—
a rule or national environmental standard precludes public notification of the application or notice; and
subsection (2)(b) does not apply.
Despite subsection (3), the EPA may publicly notify an application or a notice if the Minister decides that special circumstances exist in relation to the application or notice.
To avoid doubt, if an application or notice is to be publicly notified in accordance with this section, section 149ZC(3) applies sections 149C to 149E apply.
If the Minister decides not to require the EPA to publicly notify an application or a notice, the Minister must decide if there are any affected persons (under section 149ZCF), affected protected customary rights groups, or affected customary marine title groups in relation to the activity.
If the Minister decides not to require the EPA to publicly notify an application or a notice, the Minister must, in relation to the activity,—
decide if there is any affected person (under section 149ZCF); and
identify any affected protected customary rights group or affected customary marine title group.
The EPA must give limited notification of the application or notice to any affected person unless a rule or national environmental standard precludes limited notification of the application or notice.
The EPA must give limited notification of the application or notice to an affected protected customary rights group or affected customary marine title group even if a rule or national environmental standard precludes public or limited notification of the application or notice.
In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities.
To avoid doubt, if an application or notice is to be limited notified in accordance with this section, section 149ZC (4) applies.
Despite section 149ZCB(1), the EPA must publicly notify an application or notice if—
the Minister has not already required the EPA to give public or limited notification of the application or notice; and
subsection (2) applies.
This subsection applies if the EPA requests further information on the application or notice under section 149(2) 149(2)(a), but the applicant—
does not provide the information before the deadline concerned; or
refuses to provide the information.
This section applies despite any rule or national environmental standard that precludes public or limited notification of the application or notice.
For the purpose of deciding under section 149ZCB(2)(a) whether an activity will have or is likely to have adverse effects on the environment that are more than minor, the Minister—
must disregard any effects on persons who own or occupy—
the land in, on, or over which the activity will occur or apply; or
any land adjacent to that land; and
may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and
in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and
must disregard trade competition and the effects of trade competition; and
must disregard any effect on a person who has given written approval in relation to the relevant application or notice.
The Minister must decide that a person is an affected person, in relation to an activity, if the adverse effects of the activity on the person are minor or more than minor (but are not less than minor).
The Minister, in making his or her decision,—
may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and
in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the activity does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and
Despite anything else in this section, the Minister must decide that a person is not an affected person if—
the person has given, and not withdrawn, approval for the activity in a written notice received by the authority before the authority has decided whether there are any affected persons; or
it is unreasonable in the circumstances to seek the person’s written approval.
In section 151, repeal the definition of public notice.
In section 165C, definition of public notice, replace “section 151” with “section 2AB”.
“section 151”
“section 2AB”
Replace section 168A(1A) with:
The territorial authority must decide whether to notify the notice of requirement under sections 149ZCB to 149ZCF, which apply with all necessary modifications and as if—
a reference to an application or notice were a reference to the notice of requirement; and
a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and
a reference to an activity were a reference to the designation.
The territorial authority must decide whether to notify the notice of requirement under—
subsection (1AA); or
sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 149ZCF, which apply with all necessary modifications and as if—
Despite section 149ZCB(1), a territorial authority must publicly notify the notice if—
it has not already decided whether to give public or limited notification of the notice; and
further information is requested from the territorial authority under section 92(1), but the territorial authority—
refuses to provide the information; or
the territorial authority is notified under section 92(2)(b) in relation to the commissioning of a report, but the territorial authority—
does not respond before the deadline concerned; or
refuses to agree to the commissioning of the report.
Subsection (1AA) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
Replace section 168A(2) with:
Sections 96, 97, and 99 to 103 apply to the notice of requirement with all necessary modifications and as if—
a reference to a resource consent were a reference to the requirement; and
a reference to an applicant or a consent authority were a reference to the territorial authority; and
a reference to an application for a resource consent were a reference to the notice of requirement; and
After section 168A(3), insert:
The effects to be considered under subsection (3) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the requirement, as long as those effects result from measures proposed or agreed to by the requiring authority.
Replace section 169(1) with:
If a territorial authority is given a notice of requirement under section 168, the territorial authority must, within 10 working days, decide whether to notify the notice under sections 149ZCB to 149ZCF, which apply with all necessary modifications and as if—
a reference to an applicant were a reference to the requiring authority; and
a reference to the Minister or the EPA were a reference to the territorial authority; and
the territorial authority notifies the requiring authority under section 92(2)(b) that it wants to commission a report, but the requiring authority—
If a territorial authority is given notice of a requirement under section 168, the territorial authority must, within 10 working days, decide whether to notify the notice under—
subsection (1A); or
the territorial authority requests further information from the requiring authority under section 92(1), but the requiring authority—
Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
Replace section 169(2) with:
Unless the territorial authority applies section 170, sections 92 to 92B and 96 to 103 apply to the notice of requirement with all necessary modifications and as if—
a reference to a consent authority were a reference to the territorial authority; and
a reference to an activity were a reference to the designation; and
a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 171.
After section 171(1), insert:
The effects to be considered under subsection (1) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.
Replace section 189A(2) with:
a reference to an activity were a reference to the heritage order.
subsection (2A); or
(2B)
Subsection (2A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
Replace section 189A(9) with:
Sections 99 to 103 apply to the notice of requirement with all necessary modifications and as if—
Replace section 190(1) with:
If a territorial authority is given a notice of requirement under section 189, the territorial authority must, within 10 working days, decide whether to notify the notice under sections 149ZCB to 149ZCF, which apply with all necessary modifications and as if—
a reference to an applicant were a reference to the heritage protection authority; and
If a territorial authority is given a notice of requirement under section 189, the territorial authority must decide whether to notify the notice under—
the territorial authority requests further information from the heritage protection authority under section 92(1), but the heritage protection authority—
the territorial authority notifies the heritage protection authority under section 92(2)(b) that it wants to commission a report, but the heritage protection authority—
Replace section 190(7) with:
Sections 92 to 92B and 98 to 103 apply to the notice of requirement with all necessary modifications and as if—
a reference to an applicant were a reference to the requiring heritage protection authority; and
a reference to an activity were a reference to the heritage order; and
a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 191.
In section 198AD(1), replace “95E(3)” with “149ZCF(3)”.
“95E(3)”
“149ZCF(3)”
Replace section 204(1)(a) with:
public notice of the application is given; and
a copy of the short summary of the notice referred to in section 2AB(1)(b), along with details of the Internet site where the notice can be accessed, is published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; and
In section 220(1)(d),—
replace “erosion, subsidence, slippage, or inundation” with “natural hazards”; and
“erosion, subsidence, slippage, or inundation”
“natural hazards”
replace “subsidence, slippage, erosion, or inundation” with “natural hazards”.
“subsidence, slippage, erosion, or inundation”
Replace section 352(1) with:
Where a notice or other document is to be served on a person for the purposes of this Act,—
if the person has specified an electronic address as an address for service for the matter to which the document relates, and has not requested a method of service listed in paragraph (b), the document must be served by sending it to the electronic address:
if the person has not specified an electronic or other address as an address for service or if the person has requested any of the following methods of service, the document may be served by the requested method or any of the following methods:
delivering it personally to the person (other than a Minister of the Crown):
delivering it at the usual or last known place of residence or business of the person:
sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the person:
posting it to the PO box address that the person has specified as an address for service:
leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service:
sending it to the fax number that the person has specified as an address for service.
However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service.
In section 352(4A)(b), replace “email address” with “electronic address”.
“email address”
“electronic address”
In section 352(5), replace “subsection (1)(c) or (d)” with “subsection (1)(b)(iii) or (iv)”.
“subsection (1)(c) or (d)”
“subsection (1)(b)(iii) or (iv)”
In section 357(2), replace “section 41C(7)” with “section 41D”.
“section 41C(7)”
“section 41D”
After section 357A, insert:
An applicant for a resource consent who has a right of objection under section 357A(1)(f) or (g) (as applied by section 357A(2) to (5)) may, when making the objection, request that the objection be considered by a hearings commissioner.
If a consent authority receives a request under this section, the authority must, under section 34A(1), delegate its functions, powers, and duties under sections 357C and 357D to 1 or more hearings commissioners who are not members of the consent authority.
After section 357C(2), insert:
A notice of an objection made under section 357A(1)(f) or (g) may include a request that the objection be considered by a hearings commissioner instead of by the consent authority.
After section 357C, insert:
This section applies if a hearings commissioner is considering an objection made under section 357A(1)(f) or (g) (see section 357AB).
The hearings commissioner may do 1 or more of the following:
require the person or body making the objection to provide further information:
require the consent authority to provide further information:
commission a report on any matter raised in the objection.
However, the hearings commissioner must not require further information or commission a report unless he or she considers that the information or report will assist the hearings commissioner to make a decision on the objection.
In section 358(1), delete “Appeals from objections under section 357(3A), (4), or (8) or, for objections only to a board of inquiry, under section 357(2) are excluded.”
“Appeals from objections under section 357(3A), (4), or (8) or, for objections only to a board of inquiry, under section 357(2) are excluded.”
After section 358(1), insert:
However, appeals from the following objections are excluded:
an objection under section 357A(1)(f) or (g) in respect of a consent authority’s decision decision of a consent authority or hearings commissioner on an application or a review described in section 357A(2) to (5), if the right of appeal against the decision to the Environment Court in the first instance is excluded by section 120(1A):
an objection to an authority under section 357(2), if the submission relates to an application for a resource consent, a review of a resource consent, or an application to change or cancel a condition of a resource consent:
an objection to an authority under section 357(3A) or (8):
an objection to a board of inquiry under section 357(2) or (4).
In section 360(1)(hi), replace “sections 41B and 41C” with “sections 41B to 41D”.
“sections 41B and 41C”
“sections 41B to 41D”
In section 360(1)(hj), after “section 127”, insert “, or for decisions on activities permitted under section 87BA(1)(c),”.
“section 127”
“, or for decisions on activities permitted under section 87BA(1)(c),”
After section 360E(2)(c) (as inserted by section 105 of the Resource Legislation Amendment Act 2015), insert:
may require local authorities to fix charges listed in section 36(1) for notices issued under section 87BA or 87BB stating whether an activity is a permitted activity.
After section 360E (as inserted by section 105 of the Resource Legislation Amendment Act 2015), insert:
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
prescribing, for the purpose of section 87AAC (meaning of fast-track application), particular activities or classes of activities, or the methods or criteria that a consent authority must use to identify particular activities or classes of activities; and
prescribing, for the purpose of section 88(2)(b) (making an application), the information that an application for a resource consent must include if it is a fast-track application.
The Minister—
must not recommend that regulations be made under subsection (1)(a) unless he or she is satisfied that the scale and complexity of the activities are unlikely to warrant a consent authority taking more than 10 working days to notify an applicant of the authority’s decision on a relevant application; and
must not recommend that regulations be made under subsection (1)(b) unless he or she is satisfied that the prescribed information requirements are proportional to the likely effects of activities that may be the subject of a fast-track application.
In subsection (2), relevant application, in relation to an activity, means an application for a resource consent for the activity.
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
prescribing particular activities or classes of activities, or the methods or criteria that a consent authority must use to identify particular activities or classes of activities,—
for the purpose of section 95A(5)(b)(iii) (to preclude public notification of an application for a resource consent for the activity):
for the purpose of section 95B(6)(b)(ii) (to preclude limited notification of an application for a resource consent for the activity):
prescribing, for the purpose of section 95B(7) (to limit who may be considered an affected person in respect of an application for a resource consent),—
particular activities or classes of activities, or the methods or criteria that a consent authority must use to identify particular activities or classes of activities:
particular persons or classes of persons, or the methods or criteria that a consent authority must use to identify particular persons or classes of persons.
The Minister must not—
make a recommendation for the purpose of subsection (1)(a)(i) unless the Minister is satisfied that the nature and likely effects of the activities are unlikely to warrant public notification of a relevant application or review in accordance with section 95D; or
make a recommendation for the purpose of subsection (1)(a)(ii) unless the Minister is satisfied that the nature and likely effects of the activities are unlikely to warrant limited notification of a relevant application or review in accordance with section 95B to affected persons under section 95E section 95B(1) to (9); or
make a recommendation for the purpose of subsection (1)(b) unless the Minister is satisfied that the nature and likely effects of the activities referred to in subsection (1)(b)(i) are unlikely to warrant limited notification of a relevant application or review in accordance with section 95B to affected persons referred to in section 95B(8) other than persons or classes of persons referred to in subsection (1)(b)(ii).
In subsection (2), relevant application or review, in relation to an activity, means an application for a resource consent for the activity, a review of a resource consent for the activity, or an application to change or cancel a condition of a resource consent for the activity.
In Schedule 1, after clause 10, insert:
A local authority must, before the time for making its decision under clause 10, apply to the Minister for an extension of the time for giving a decision under that clause if the local authority is unable, or is likely to be unable, to meet the requirement of clause 10(4)(a) (under which decisions must be given within 2 years of notification of a proposed policy statement or plan).
An application under subclause (1) must be in writing, and must set out—
the reasons for the request for an extension; and
the duration of the extension required.
Before applying for an extension, a local authority must take into account—
the interests of any person who, in its opinion, may be directly affected by an extension; and
the interests of the community in achieving adequate assessment of the effects of the proposed policy statement or plan or change to a policy statement or plan; and
its duty under section 21 to avoid unreasonable delay.
may decline or agree to an extension applied for under subclause (1); but
in the case of a regional coastal plan, must consider the views of the Minister of Conservation before granting an extension.
The Minister must serve notice of his or her decision on the local authority.
If the Minister grants an extension, the local authority must give public notice of that extension.
This clause applies instead of section 37 if the time limit prescribed by clause 10(4)(a) is to be extended.
In Schedule 1, after clause 69(1)(g) (as inserted by section 108 of the Resource Legislation Amendment Act 2015), insert:
section 41D (which provides for submissions to be struck out before or at a hearing).
In Schedule 1, after clause 69(1) (as inserted by section 108 of the Resource Legislation Amendment Act 2015), insert:
If a panel exercises a power under section 41D,—
a person whose submission is struck out has a right to objection under section 357 as if the references in that section to an authority were references to the panel; and
sections 357C to 358 apply to the panel as the body to which the objection is made under section 357.
Repeal section 108(2)(a), (9), and (10).
Repeal section 108AA(5) (as inserted by section 133B of the Resource Legislation Amendment Act 2015).
Repeal section 110.
Repeal section 111.
In section 222(1),—
delete “or on the making of a financial contribution (as defined in section 108(9))”; and
“or on the making of a financial contribution (as defined in section 108(9))”
delete “or make the financial contribution (as the case may be)”.
“or make the financial contribution (as the case may be)”
In section 407(1), delete “108(2)(a) or”.
“108(2)(a) or”
Repeal section 409.
Repeal section 411.
In Schedule 12, after clause 16 (as inserted by section 110 of the Resource Legislation Amendment Act 2015), insert the clauses set out in Schedule 4 of this Act.
Amend the enactments specified in Schedule 5 as set out in that schedule.
This Part (other than section 165) amends the Reserves Act 1977 (the principal Act).
In the heading to section 15, replace “Exchange” with “Minister may authorise exchange”.
“Exchange”
“Minister may authorise exchange”
In section 15(2), replace “scheme under the Town and Country Planning Act 1977” with “plan under the Resource Management Act 1991”.
“scheme under the Town and Country Planning Act 1977”
“plan under the Resource Management Act 1991”
After section 15, insert:
A person may apply to the administering body of a recreation reserve to exchange all or part of the land comprised in the reserve (the recreation reserve land) for other land to be held for the same purposes if—
the application is made jointly—
with an application for a resource consent under section 88(1) and (1A) of the Resource Management Act 1991 (the RMA); or
with a request for a change to a district plan or a regional plan (including a regional coastal plan) under section 65(4) and (4A) or 73(2) and (2A) of the RMA; and
the recreation reserve land is vested in the administering body for the reserve; and
the administering body of the reserve is also the relevant local authority under the RMA.
If an application is made under subsection (1)(a)(i), subsection (4) applies if—
the application to exchange the recreation reserve land has been—
processed in accordance with section 88(6)(a) of the RMA; and
publicly notified under section 95A of the RMA; and
the resource consent—
has been granted; but
is subject to the granting of the application to exchange the recreation reserve land; and
the time allowed under the RMA for appeals against the decision to grant the resource consent has expired and any appeals have been determined.
If an application is made under subsection (1)(a)(ii), subsection (4) applies if—
processed in accordance with clause 21(5)(a) of Schedule 1 of the RMA; and
publicly notified under clause 26 of Schedule 1 of the RMA; and
the plan change—
has been approved by the local authority; but
the time allowed under the RMA for appeals against the decision to change the plan has expired and any appeals have been determined.
If this subsection applies, the administering body must—
make a decision on the application to exchange the recreation reserve land; and
if it decides to grant the application, authorise the exchange of the recreation reserve land by notice in the Gazette; and
advise the applicant of the decision.
The administering body must not grant the application unless—
it has had regard to any submissions that were made on the application during the public notification process under the RMA and that relate to the exchange; and
it considers that the exchange would result in a net benefit for recreation opportunities for the community that uses, benefits from, or enjoys the reserve.
If the administering body authorises the exchange, section 15(3) to (8) applies as if the exchange were an exchange effected under section 15.
This section amends the Resource Management Act 1991.
After section 36(1), insert:
To avoid doubt, charges may be fixed under subsection (1) to recover costs incurred by the consent authority for performing its functions under—
sections 88 to 88F, 91(1) and (2), 91A to 92B, 95, 95A(2), and 96 to 103B in relation to an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 that is made jointly with an application for a resource consent:
Part 2 of Schedule 1 in relation to an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 that is made jointly with a request for a change to a district plan or regional plan.
After section 65(4), insert:
A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 if the regional council—
is also the administering body in which the recreation reserve land is vested; and
agrees that the request and application may be made jointly.
After section 73(2), insert:
A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 if the territorial authority—
After section 88(1), insert:
A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the relevant consent authority—
agrees that the applications may be made jointly.
After section 88(5), insert:
If a joint application is made under subsection (1A), the application to exchange recreation reserve land must be—
processed, with the resource consent application, in accordance with sections 88 to 88F, 91(1) and (2), 91A to 92B, 95, 95A(2), and 96 to 103B; then
decided under section 15AA of the Reserves Act 1977.
After section 95A(2)(b), insert:
the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977; or
After section 114(7), insert:
If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977, the consent authority must advise the applicant that—
the resource consent is subject to a decision by the administering body on the application to exchange the recreation reserve land; and
the decision on the exchange will be made under section 15AA of the Reserves Act 1977 after the time allowed for appeals against the decision to grant the resource consent has expired and any appeals have been determined; and
the resource consent will not commence until the date determined under section 116B.
In section 116(1), replace “section 116A” with “sections 116A and 116B”.
“section 116A”
“sections 116A and 116B”
After section 116A, insert:
If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977,—
the consent authority must notify the applicant when the procedures in sections 15 and 15AA of that Act are complete; and
the resource consent commences on—
the date of the notification under paragraph (a); or
any later date that is specified in the notification.
In Schedule 1, after clause 21(4), insert:
If a request for a plan change is made jointly with an application to exchange recreation reserve land (as permitted by section 65(4A) or 73(2A)), the application must be—
processed, with the request for a plan change, in accordance with this Part, other than clauses 27 and 29(4) to (8); then
(11)
In Schedule 1, after clause 29(8), insert:
If the decision to change a plan is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977, the local authority must advise the person who requested the plan change that—
the plan change is subject to a decision by the administering body on the application to exchange the recreation reserve land; and
the decision on the exchange will be made under the Reserves Act 1977 after the time allowed for appeals against the decision on the plan change has expired and any appeals have been completed.
This Part amends the Public Works Act 1981 (the principal Act).
After section 2, insert:
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Replace section 4C(2) with:
Despite subsection (1), the Minister for Land Information must not delegate the power to issue a notice of intention to take land under section 23(1).
After section 24(6), insert:
The Environment Court may, whether or not the parties consent,—
accept evidence that was presented at a hearing described in section 39(1) of the Resource Management Act 1991, or at a related inquiry or appeal heard by the court; and
direct how evidence is to be given to the court.
In section 59, replace the definition of owner with:
owner, in relation to land, includes—
a person who occupies the land under a lease, sublease, or licence, or a renewal of a lease, sublease, or licence, that—
is granted by the owner of the fee simple of the land or by the lessee of the land; and
is not—
a weekly tenancy agreement; or
a monthly tenancy agreement; or
a tenancy to which the Residential Tenancies Act 1986 applies; or
a statutory tenancy (as defined in section 207 of the Property Law Act 2007):
a tenant for life of the land:
a beneficial owner of the land
Replace section 72(1) with:
Compensation of up to $50,000 must be paid to the owner of land if—
the land has been notified; and
the land is taken or acquired for the public work for which it was notified; and
the land contains a dwelling that is used as the land owner’s principal place of residence; and
the payment of compensation is not excluded by subsection (2) or (3).
The amount of compensation paid under subsection (1) must be determined in accordance with section 72A.
The compensation paid under subsection (1) must not in total exceed $50,000 regardless of—
the number of owners of the land; or
the nature of the estate or interest that the various owners of the land may hold.
In section 72(6), replace “had he been a weekly or a monthly tenant” with “if the lessee or sublessee had been a tenant (as defined in section 75(4))”.
“had he been a weekly or a monthly tenant”
“if the lessee or sublessee had been a tenant (as defined in section 75(4))”
After section 72, insert:
The amount of compensation paid under section 72(1) must be determined as follows:
$35,000 must be paid to the owner of the land if the owner qualifies for compensation under section 72(1); and
a further $10,000 must be paid to the owner if—
the Minister or local authority, as applicable, and the owner, within 6 months after the negotiation start date, execute an agreement for the sale and purchase of the land under section 17; and
the agreement specifies a date on which vacant possession of the land, and all buildings and structures on the land, will be given to the notifying authority; and
a further $5,000 may be paid to the owner if the Minister (if the land is taken or acquired for a Government work) or local authority (if the land is taken or acquired for a local work) decides, in his, her, or its discretion, that—
the personal circumstances of the owner warrant such a payment and compensation is not otherwise paid under this Act for this purpose; or
the circumstances concerning the acquisition of the owner’s principal place of residence warrant such a payment and compensation is not otherwise paid under this Act for this purpose.
In this section, negotiation start date means the earlier of the following:
the date on which the notifying authority notifies the owner of land in writing that it intends to acquire the land under section 17:
the date on which the notifying authority serves notice in relation to land in accordance with section 18(1)(a).
In this section and sections 72C and 72D, unless the context otherwise requires,—
category value means the portion of total land value for each category of interest or estate in land (for example, for all leasehold interests in land)
individual value means the portion of category value that is payable to a qualifying owner, determined by the percentage of the relevant category of interest or estate that is held by the owner in land
land means all land that is acquired or taken from an owner under this Act by the Minister or a local authority for a particular notified public work
notification date means the date on which land is notified
qualifying owners means the owners of land who qualify for compensation under section 72C(1) and are not disqualified under section 72D(2)
total land value means the total amount of compensation payable under this Act, as assessed in accordance with section 62, for land
vacant possession date means the date on which vacant possession of land, and all buildings and structures on the land, is given to the notifying authority.
Compensation must be paid to an owner of land if—
either of the following applies:
the land does not contain a dwelling that was used as the owner of the land’s principal place of residence for the period between the notification date and the vacant possession date:
the owner used a dwelling on the land as his or her principal place of residence for less than a substantial part of the period between the notification date and the vacant possession date; and
the payment of compensation is not excluded by section 72D.
The compensation paid under subsection (1) must—
equal 10% of the total land value; or
be $250 if 10% of the total land value is equal to or less than $250; or
be $25,000 if 10% of the total land value is equal to or more than $25,000.
However, the compensation paid under subsection (1) must not in total exceed $25,000 regardless of—
the nature of the estate or interest each of the owners has in the land.
If compensation is paid under subsection (1) for land that is owned by more than 1 person, the compensation must be—
paid only to the qualifying owners; and
apportioned between the qualifying owners in proportion to the individual value each owner has in the land.
The amount of compensation paid under this section to an owner who is a lessee or sublessee of the land under a lease or sublease that will expire less than 5 years after the vacant possession date—
must be reduced so that it bears the same proportion as the period from the vacant possession date to the date of expiry of the lease or sublease bears to a period of 5 years; but
must not be reduced to less than the amount that the owner would have received under section 75 if the owner had been a tenant (as defined in section 75(4)).
For the purposes of subsection (5), the date on which a lease or sublease that contains a right of renewal will expire is deemed to be the date on which it would have expired if the right of renewal had been exercised.
Compensation must not be paid to an owner of land under section 72C(1) unless vacant possession of the land and all buildings and structures on the land is given to the notifying authority by that owner—
on or before the vacant possession date, or any later date that the authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
within 1 month after the date on which the authority serves notice on the vendor or the person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the authority allows, if—
the land is acquired under an agreement that does not specify a vacant possession date; or
no agreement for sale is entered into and the land is taken by Proclamation.
Compensation must not be paid under section 72C(1) unless the person giving vacant possession—
is one of the following:
an owner of the land on the notification date:
the spouse, civil union partner, or de facto partner of an owner of the land on the notification date:
the person beneficially interested in the land if an owner dies after the notification date; and
was an owner of the land on the vacant possession date; and
was an owner of the land for a substantial part of the period between the notification date and the vacant possession date; and
was—
not a willing party to the taking or acquisition of the land; or
a willing party to the taking or acquisition principally because the land had been notified.
Compensation must not be paid under section 72C(1) to an owner of land if that person is paid compensation for the loss of a dwelling on that land under section 72(1).
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend section 72, 72A, or 72C by doing any or all of the following:
increasing the compensation limit in section 72(1) and (1B):
increasing the compensation limits in section 72A(1)(a) to (c):
increasing or decreasing the percentages in section 72C(2)(a) to (c):
increasing the compensation limits in section 72C(2)(b) and (c) and (3).
The Minister must not recommend the making of an Order in Council under this section unless the Minister is of the opinion that it is necessary or desirable to do so having regard to the following:
the purposes of the compensation payable under sections 72 and 72C (including the differences between the acquisition of land that includes the owner’s home and the acquisition of land that does not include the owner’s home):
national average land and house sale prices:
the New Zealand Consumer Price Index:
the level of solatium or similar compensation payable in comparable circumstances in jurisdictions outside New Zealand that have similar property rights and land acquisition regimes:
changes to the matters referred to in paragraphs (b) to (d) since the compensation limits and percentages were last changed:
comments received in response to public consultation under subsection (3).
Before recommending the making of an Order in Council under this section, the Minister must publicly consult about the proposed changes.
An Order in Council cannot be made under subsection (1)—
until after the expiry of 5 years from the date of commencement of Part 3 of the Resource Legislation Amendment Act 2015; or
more frequently than once every 5 years.
In section 75(1)(b), delete “weekly or monthly”.
“weekly or monthly”
After section 75(3), insert:
In this section, tenant means a person who has—
a statutory tenancy (as defined in section 207 of the Property Law Act 2007).
Repeal section 249.
Before Schedule 1, insert the Schedule 1AA set out in Schedule 6 of this Act.
This Part (other than sections 182A and 182B) amends the Conservation Act 1987 (the principal Act).
In section 2(1), definition of working day, paragraph (c), replace “25 December in any year and ending with 15 January” with “20 December in any year and ending with 10 January”.
“25 December in any year and ending with 15 January”
“20 December in any year and ending with 10 January”
After section 3, insert:
The transitional, savings, and related provisions (if any) set out in Schedule 1AA have effect according to their terms.
Replace sections 17S and 17T with:
Every application for a concession must include the following information:
a description of the proposed activity:
a description identifying the places where the proposed activity will be carried out (including the status of those places):
a description of—
the potential effects of the proposed activity:
any actions that the applicant proposes to take to avoid, remedy, or mitigate any adverse effects of the proposed activity:
details of the type of concession for which the applicant is applying:
a statement of—
the proposed duration of the concession; and
the reasons for the proposed duration:
relevant information relating to the applicant, including any information relevant to the applicant’s ability to carry out the proposed activity:
if the applicant applies for a lease, a licence granting an interest in land, or an easement,—
reasons for the request; and
sufficient information to satisfy the Minister that, in terms of section 17U, it is both lawful and appropriate to grant the lease, licence, or easement (as the case may be).
If the Minister is satisfied that an application does not contain all of the information required by section 17S, he or she may return the application to the applicant.
The Minister may only do so within 10 working days after receiving the application.
If the Minister returns an application, he or she must give the applicant reasons for the decision to do so.
If an application is resubmitted after having been returned, the application is to be treated as a new application.
If the Minister is satisfied that an application obviously does not comply with, or is obviously inconsistent with, the provisions of this Act or any relevant conservation management strategy or conservation management plan, he or she may decline the application.
The Minister may make his or her decision on the basis of the information provided in or with the application, and without making further inquiry.
The Minister may only do so within 20 working days after the expiry of the period referred to in section 17SA(2).
If the Minister declines an application, he or she must inform the applicant and give the applicant reasons for the decision.
The Minister must publicly notify every application for—
a lease; or
a licence for a term (including renewals) of more than 10 years.
The Minister may publicly notify any other application for a licence if, having regard to the effects of the licence, he or she considers it appropriate to do so.
The Minister may publicly notify any application for a permit or an easement if, having regard to the effects of the permit or easement, he or she considers it appropriate to do so.
However, this section does not apply to—
an application that—
does not comply with section 17R(2); or
is returned under section 17SA or 17SD; or
is declined under section 17SB:
an application for the grant of a lease or licence resulting from the exercise of a right of renewal or extension, or a right to a new lease or licence, that is contained in a lease or licence.
The Minister may, by notice in writing, require an applicant for a concession to supply any further information (including an environmental impact assessment) that the Minister considers necessary to enable a decision to be made.
The applicant must provide the information within any reasonable time that is specified in the notice.
An environmental impact assessment that is provided for the purposes of this section must be—
in the form set out in Schedule 4 of the Resource Management Act 1991; or
in any other form that the Minister requires.
If the applicant does not provide all of the information within the specified time and the Minister determines that the information not provided is necessary to enable a decision to be made on the application, the Minister may return the application to the applicant with the reasons for the determination.
However, the Minister cannot return the application under subsection (4) if—
the applicant, within the specified time, advises the Minister that some or all of the requested information will not be provided and requests that the application be considered anyway; or
the application has been publicly notified.
The Minister may, at the applicant’s expense,—
commission a report or seek advice from any person (including the Director-General) on any matters raised in relation to an application:
obtain, from any source, any existing relevant information on the proposed activity (or structure) that is the subject of the application.
The Minister must—
provide the applicant with a copy of any information obtained under subsection (1); and
provide the applicant with any reasonable time that the Minister considers appropriate in which to comment on the information provided.
To avoid doubt, the report or advice under subsection (1) may include a review of the application and any information provided by the applicant.
The Minister must consider an application for a concession if the application—
complies with section 17R(2); and
is not returned under section 17SA; and
is not declined under section 17SB; and
is not returned under section 17SD(4).
The Minister must consider the application when,—
if public notification is required or the Minister considers it appropriate under section 17SC, section 49 has been complied with; and
if the Minister sought further information under section 17SD,—
the information has been provided; or
the time specified in the notice for providing the information has expired and the information has not been provided; and
if the Minister obtained any information under section 17SE, section 17SE(2) has been complied with.
In section 17U(1)(d), replace “section 17S or section 17T” with “sections 17S, 17SD, and 17SE”.
“section 17S or section 17T”
“sections 17S, 17SD, and 17SE”
After section 17U(7), insert:
Nothing in this Act or any other Act requires the Minister to grant any concession if he or she considers that the grant of a concession is inappropriate in the circumstances of the particular application having regard to the matters set out in this section.
In section 49(2), after “gives public notice of intention to exercise any power conferred by this Act”, insert “or gives public notice of an application for a concession”.
“gives public notice of intention to exercise any power conferred by this Act”
“or gives public notice of an application for a concession”
Replace section 49(2)(b) with:
the Minister must give persons and organisations wishing to make objections or submissions the following time to do so:
in the case of the exercise of a power, at least 40 working days:
in the case of an application for a concession, at least 20 working days; and
every objection or submission must be sent to the Director-General at the place, and by the date, specified in the notice; and
Before Schedule 1, insert as Schedule 1AA the schedule set out in Schedule 7 of this Act.
This section amends the Crown Minerals Act 1991.
In section 61C(3)(a), after “application were”, insert “an application for a concession that is”.
“application were”
“an application for a concession that is”
This section amends the Wild Animal Control Act 1977.
In section 12A(3)(a), after “modifications”, insert “as if the giving of the notice under subsection (2) were an exercise of power under that Act”.
“modifications”
“as if the giving of the notice under subsection (2) were an exercise of power under that Act”
This Part (other than sections 236 and 237) amends the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (the principal Act).
Replace section 3(6) to (8A) with:
Part 3 provides for the making of regulations for the purposes of this Act.
Subpart 1 provides for activities to be permitted, discretionary, or prohibited activities.
Subpart 2 provides for the Minister to make EEZ policy statements that state objectives and policies to support decision-making on applications for marine consents.
Subparts 2A to 2D set out the processes for—
applying for marine consents; and
disclosure and notification of applications for marine consents and the making of submissions; and
consideration of applications for marine consents, including the appointment of boards of inquiry for applications relating to publicly notifiable section 20 activities; and
deciding applications for marine consents, including the matters that must be considered by the marine consent authority deciding the application.
(8B)
Subpart 2E sets out matters relating to marine consents, including their nature, when they commence, their duration, and their review, correction, and cancellation.
After section 3(9), insert:
(9A)
Subpart 4 sets out the processes for acceptance of decommissioning plans and for amendment of accepted plans.
Replace section 3(10) with:
Subpart 1 provides for objections to decisions of marine consent authorities.
(10A)
Subparts 1A and 1B provide for appeals to the High Court on questions of law against decisions of the EPA and of boards of inquiry.
(10B)
Subpart 1C provides for representation at proceedings before the High Court.
In section 4(1), definition of applicant, delete “or 87B”.
“or 87B”
In section 4(1), replace the definition of dumping with:
dumping—
means—
any deliberate disposal into the sea of waste or other matter from ships, aircraft, and structures at sea; and
any deliberate disposal into the sea of ships, aircraft, and structures at sea; and
any storage of waste or other matter in the seabed and the subsoil of the seabed from ships, aircraft and structures at sea; and
any abandonment or toppling at site of structures at sea for the sole purpose of deliberate disposal; but
does not include—
the disposal into the sea of waste or other matter incidental to, or derived from, the normal operations of ships, aircraft, and structures at sea and their equipment, other than waste or other matter transported by or to ships, aircraft, and structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such waste or other matter on such ships, aircraft and structures; or
placement of matter for a purpose other than the mere disposal of the matter, but only if the placement is not contrary to the aims of the 1996 Protocol to the London Convention; or
abandonment in the sea of matter (for example, cables, pipelines, and marine research devices) placed for a purpose other than the mere disposal of it; and
does not include the disposal or storage of waste or other matter directly arising from, or related to, the exploration, exploitation, and associated offshore processing of seabed mineral resources
In section 4(1), replace the definition of marine consent with:
marine consent or consent means—
a marine consent (including a marine discharge consent or a marine dumping consent) granted under section 62; or
an emergency dumping consent
In section 4(1), definitions of marine discharge consent and marine dumping consent, replace “under section 87F” with “under section 62”.
“under section 87F”
“under section 62”
In section 4(1), definition of non-notified activity, paragraph (b), replace “notified” with “notified; or”.
“notified”
“notified; or”
In section 4(1), definition of non-notified activity, after paragraph (b), insert:
is the subject of an application to which section 38(3) applies
(2C)
In section 4(1), definition of permitted activity, replace “is permitted” with “is a permitted activity”.
“is permitted”
“is a permitted activity”
(2D)
In section 4(1), definition of prohibited activity, replace “is prohibited” with “is a prohibited activity”.
“is prohibited”
“is a prohibited activity”
(2E)
In section 4(1), replace the definition of public notice with:
public notice has the meaning given in section 7A
In section 4(1), definition of submitter, replace “section 46” with “section 48”.
“section 46”
“section 48”
In section 4(1), insert in their appropriate alphabetical order:
accepted decommissioning plan means a decommissioning plan accepted under section 100B
EEZ policy statement means a statement issued under section 37D
London Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972)
marine consent authority, in relation to an application for a marine consent, means,—
in the case of a non-notified activity, the EPA:
in the case of a publicly notifiable activity that is a section 20 activity,—
a board of inquiry appointed under section 53:
the EPA—
before a board of inquiry is appointed:
in respect of any matter that is outside the scope of the functions, powers, and duties of the board of inquiry:
in the case of a publicly notifiable activity other than a section 20 activity, the EPA
publicly notifiable application means an application for a marine consent for a publicly notifiable activity
section 20 activity means an activity referred to in section 20(2) or (4)
treat, in relation to waste or other matter, means to treat so as to avoid, remedy, or mitigate the adverse effects of dumping
After section 7, insert:
If this Act requires the Environmental Protection Authority to give public notice of something, the EPA must—
publish on its Internet site a notice that—
publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in—
the cities of Auckland, Wellington, Christchurch, and Dunedin; and
the region adjacent to the area that is the subject of the matter to which the notice relates.
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Replace section 9(1A)(c) with:
subparts 2A to 2E of Part 3A, to the extent that they relate to marine dumping consents and marine discharge consents:
In section 10(3)(b), after “regulations”, insert “under section 27, 29A, 29B, or 29E”.
“regulations”
“under section 27, 29A, 29B, or 29E”
In section 12(a), replace “the Environmental Protection Authority” with “marine consent authorities”.
“the Environmental Protection Authority”
“marine consent authorities”
In section 12(c), replace “the EPA” with “a marine consent authority”.
“the EPA”
“a marine consent authority”
In section 12(d), replace “section 45” with “section 47”.
“section 45”
“section 47”
Replace section 13(1)(d)(i) with:
Part 3A, which deals with marine consents:
After section 13(1)(e), insert:
to provide advice and administrative and secretarial services to boards of inquiry:
In section 16, insert as subsection (2):
In subsection (1), a reference to a marine consent does not include a marine discharge consent or a marine dumping consent.
Replace section 18 with:
The Māori Advisory Committee may provide advice as follows:
to the Environmental Protection Authority in accordance with sections 19 and 20 of the Environmental Protection Authority Act 2011:
to a marine consent authority, if its advice is sought under section 57(1)(b).
After section 20(2)(b), insert:
the abandonment of a submarine pipeline that is on or under the seabed:
In section 21(3), replace “one that is described in section 20” with “a section 20 activity or a discharge of a harmful substance,”.
“one that is described in section 20”
“a section 20 activity or a discharge of a harmful substance,”
In section 21(3)(b), replace “section 41” with “section 44”.
“section 41”
“section 44”
Replace section 21(4) and (5) with:
If the application for a marine consent described in subsection (3) is returned by the EPA under section 44, subsection (3) applies to any new application that replaces the returned application.
In section 22(4), replace “Section 41 applies” with “Sections 41 to 44 apply”.
“Section 41 applies”
“Sections 41 to 44 apply”
In section 22(6)(b), replace “section 41” with “section 44”.
Replace section 22(7) and (8) with:
If the application for a marine consent described in subsection (6) is returned by the EPA under section 44, subsection (6) applies to any new application that replaces the returned application.
In section 25(4), replace “Part 3” with “Part 4”.
“Part 3”
“Part 4”
Replace the Part 3 heading and the subpart 1 heading in Part 3 with:
After section 29D, insert:
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing 1 or more of the following:
information that must be included in a decommissioning plan under section 100A(2):
the process for dealing with a decommissioning plan under section 100B(1)(a):
the criteria against which a decommissioning plan must be assessed under section 100B(1)(b).
However, the Minister must not recommend the making of regulations under this section unless section 32 has been complied with.
In section 32(1), after “29A,”, insert “29E,”.
“29A,”
“29E,”
In section 32(2)(a)(ii), replace “or 29A” with “, 29A, or 29E”.
“or 29A”
“, 29A, or 29E”
In section 34A(3)(c)(ii), after “waste”, insert “or other matter”.
“waste”
“or other matter”
Replace the cross-heading above section 35 with:
Replace sections 35 to 58 (and the headings and cross-headings in between) with:
An activity is a permitted activity if it is described in regulations as a permitted activity.
A person may undertake a permitted activity without a marine consent if the activity complies with any terms and conditions specified (for the activity) in regulations.
A person intending to undertake a permitted activity must notify the Environmental Protection Authority before undertaking the activity if required to do so by regulations.
An activity is a discretionary activity if regulations—
describe the activity as discretionary; or
allow the activity with a marine consent; or
do not classify the activity as permitted, discretionary, or prohibited.
A person must have a marine consent before undertaking a discretionary activity.
Subsection (2) is subject to section 21.
An activity is a prohibited activity if it is described in regulations as a prohibited activity.
No person may apply for a marine consent for a prohibited activity.
No marine consent may be granted for a prohibited activity.
Subject to section 23, no person may undertake a prohibited activity.
The purpose of EEZ policy statements is to state objectives and policies to support decision-making on applications for marine consents in accordance with the purpose of this Act.
An EEZ policy statement may apply to all or part of the exclusive economic zone and the continental shelf.
In determining whether it is desirable to prepare an EEZ policy statement, the Minister may have regard to—
the actual or potential effects of the use, development, or protection of natural resources:
New Zealand’s obligations under any international conventions that relate to the marine environment:
the matters in subpart 2 of Part 1:
Before issuing an EEZ policy statement, the Minister must—
notify the public, iwi authorities, regional councils, and persons whose existing interests may be affected of—
the proposed statement; and
the Minister’s reasons for considering that the proposed statement will support decision-making on applications for marine consents; and
establish a process that the Minister considers gives the public, iwi authorities, regional councils, and persons whose existing interests are likely to be affected adequate time and opportunity to comment on the subject matter of the proposed statement.
In determining whether to issue the EEZ policy statement, the Minister must consider—
the actual or potential effects of the use, development, or protection of natural resources; and
New Zealand’s obligations under any international conventions that relate to the marine environment; and
the matters in subpart 2 of Part 1; and
any submissions received on the proposed EEZ policy statement; and
any other matter that the Minister considers relevant.
The Minister, after considering the matters in section 37C, may make any changes, or no changes, to the proposed EEZ policy statement, as he or she thinks fit.
The Minister may withdraw all or part of a proposed EEZ policy statement at any time before the statement is approved under subsection (4).
The Minister must notify the persons mentioned in section 37B(a) of any withdrawal under subsection (2), including the reasons for the withdrawal.
The Governor-General may, by Order in Council, on the recommendation of the Minister, approve an EEZ policy statement.
The Minister must, as soon as practicable after an EEZ policy statement has been approved,—
issue the statement by notice in the Gazette; and
publicly notify the statement; and
send a copy of the statement to the EPA; and
provide every person who made a submission on the proposal with a copy of the approved statement.
The Minister may review, change, or revoke an EEZ policy statement in accordance with sections 37B to 37D as if the review, change, or revocation were a proposed EEZ policy statement.
Despite subsection (1), the Minister may amend an EEZ policy statement without regard to sections 37B to 37D if the amendment is of minor effect or corrects a minor error.
When an EEZ policy statement is reviewed, the Minister must give notice of the review in the Gazette.
If an EEZ policy statement has been changed, the Minister must—
issue the revised statement by notice in the Gazette; and
send a copy of the revised statement to the EPA; and
When an EEZ policy statement is revoked, the Minister must notify the revocation by notice in the Gazette.
An EEZ policy statement may incorporate material by reference under sections 150 to 157.
An EEZ policy statement is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Any person may apply to the Environmental Protection Authority for a marine consent, marine discharge consent, or a marine dumping consent to undertake a discretionary activity.
An application must—
be made in the prescribed form; and
fully describe the proposal; and
include an impact assessment prepared in accordance with section 39 and any requirements prescribed in regulations; and
if the application relates to an activity referred to in section 20(2)(a), (b), or (c), include a description in general terms of how and when it is proposed that the structure, submarine pipeline, or submarine cable will be dealt with at the end of its life.
If the application relates to an activity that is to be undertaken in connection with the decommissioning of an offshore installation used in connection with petroleum production, or a structure, submarine pipeline, or submarine cable associated with such an installation,—
the application must include an accepted decommissioning plan that covers the activity; and
the proposed carrying out of the activity must be in accordance with that plan.
An impact assessment must—
describe the activity (or activities) for which consent is sought; and
describe the current state of the area where it is proposed that the activity will be undertaken and the environment surrounding the area; and
identify persons whose existing interests are likely to be adversely affected by the activity; and
identify the effects of the activity on the environment and existing interests (including cumulative effects and effects that may occur in New Zealand or in the sea above or beyond the continental shelf beyond the outer limits of the exclusive economic zone); and
identify the effects of the activity on the biological diversity and integrity of marine species, ecosystems, and processes; and
identify the effects of the activity on rare and vulnerable ecosystems and habitats of threatened species; and
describe any consultation undertaken with persons described in paragraph (c) and specify those persons who have given written approval to the activity; and
include copies of any written approvals to the activity; and
specify any possible alternative locations for, or methods for undertaking, the activity that may avoid, remedy, or mitigate any adverse effects; and
specify the measures that could be taken to avoid, remedy, or mitigate the adverse effects identified (including measures that the applicant intends to take).
An impact assessment must also,—
if it relates to an application for a marine discharge consent, describe the effects of the activity on human health:
if it relates to an application for a marine dumping consent,—
describe the effects of the activity on human health; and
specify any practical opportunities to reuse, recycle, or treat the waste or other matter:
if it relates to any other application, describe the effects on human health that may arise from the effects of the activity on the environment.
An impact assessment must contain the information required under subsections (1) and (2) in—
such detail as corresponds to the scale and significance of the effects that the activity may have on the environment and existing interests; and
sufficient detail to enable the Environmental Protection Authority and persons whose existing interests are or may be affected to understand the nature of the activity and its effects on the environment and existing interests.
The impact assessment complies with subsections (1)(c) to (f) and (2) if the Environmental Protection Authority is satisfied that the applicant has made a reasonable effort to identify the matters described in those provisions.
The measures that must be specified under subsection (1)(j) include any measures required by another marine management regime and any measures required by or under the Health and Safety at Work Act 2015 that may have the effect of avoiding, remedying, or mitigating the adverse effects of the activity on the environment or existing interests.
The Environmental Protection Authority must, within 20 working days after receiving an application, determine whether the application complies with section 38.
The Environmental Protection Authority may commission an independent review of an impact assessment for the purpose of determining whether the impact assessment complies with section 39.
If the EPA intends to commission a review, it must—
advise the applicant in writing; and
include, with that advice, the EPA’s reasons for wanting to commission a review.
The applicant may object under section 101 to a decision by the EPA to commission a review.
The EPA must, as soon as is reasonably practicable after receiving the results of a review, send a copy of the results to the applicant.
If the Environmental Protection Authority considers that an application does not comply with section 38 (including because the impact assessment does not comply with section 39 or any requirements prescribed in regulations), the EPA may, in writing, request further information from an applicant to complete an application.
An applicant must, within 5 working days after receiving a request under subsection (1),—
provide the information; or
write to the EPA telling it that the applicant refuses to provide the information.
The EPA must continue to process an application even if the applicant—
does not respond to the request; or
The EPA must, within 20 working days after an incomplete application is received by the EPA,—
return the incomplete application; and
give the applicant a written explanation for its finding that the application is incomplete.
If, after the EPA returns an application as incomplete, the application is sent to the EPA again, the application must be treated as a new application.
The applicant may object under section 101 to a decision under subsection (1).
the Environmental Protection Authority receives more than 1 application for a marine consent in relation to the same proposal (related applications); and
at least 1 of the related applications must be publicly notified under section 47(1)(b)(i); and
the EPA considers that—
the related applications should be heard (if more than 1 are to be heard) at the same time and place; or
decisions on the related applications should be made on the same date.
The EPA may extend a time period that applies to the processing of the related applications in order to ensure that—
they are heard (if more than 1 are to be heard) at the same time and place:
decisions on the related applications are made on the same date.
However, the EPA may not extend the time period beyond the latest date that applies to any of the related applications.
If any of the related applications is a publicly notifiable application for a section 20 activity, the EPA must delegate its functions under sections 51 to 75 in relation to any other applications to the board of inquiry to allow all of the applications to be determined together unless the applicant requests otherwise.
If the Environmental Protection Authority is satisfied that an application for a marine consent for a non-notified activity is complete, the EPA—
must serve a copy of the application on any of the following that the EPA considers may be affected by the application:
iwi authorities:
customary marine title groups:
protected customary rights groups:
may serve a copy of the application on the following if the EPA considers it appropriate in the circumstances:
Ministers with responsibilities that may be affected by the activity for which consent is sought:
Maritime New Zealand:
other persons that the EPA considers have existing interests that may be affected by the application:
regional councils whose regions may be affected by the application.
If the Environmental Protection Authority is satisfied that an application for a marine consent for a publicly notifiable activity is complete, it must,—
if the application is for a section 20 activity, immediately notify the Minister in writing that an application has been made (to allow a board of inquiry to be appointed under section 53); and
within 20 working days,—
give public notice of the application; and
serve a copy of the notice on—
every other Minister with responsibilities that may be affected by the activity for which consent is sought:
iwi authorities that the EPA considers may be affected by the application:
customary marine title groups that the EPA considers may be affected by the application:
protected customary rights groups that the EPA considers may be affected by the application:
The notice under subsection (1)(b)(i) must—
be in the prescribed form; and
give a summary of the application for consent; and
specify where the application is available for inspection.
Any person may make a submission to the Environmental Protection Authority about an application for a marine consent.
A submission must be in the prescribed form.
A submitter must provide a copy of the submission to the applicant as soon as is reasonably practicable after serving it on the EPA.
Submissions must be made not later than 30 working days after public notification of the application under section 47.
As soon as is reasonably practicable after the closing date for submissions, the Environmental Protection Authority must give the applicant a list of all the submissions that it has received in relation to the relevant application.
The Environmental Protection Authority must conduct a hearing on an application for a marine consent for a non-notified activity if the applicant requests a hearing.
The EPA may conduct a hearing, even if the applicant does not request one, if the EPA considers it necessary or desirable.
Schedule 2 applies to hearings of applications for marine consents for non-notified activities.
If an application is for a publicly notifiable activity other than a section 20 activity, the Environmental Protection Authority must conduct a hearing on an application if the applicant or a submitter requests a hearing.
The EPA may conduct a hearing, even if neither the applicant nor any submitter requests one, if the EPA considers it necessary or desirable.
Schedule 3 applies to hearings under this section.
As soon as practicable on being notified in accordance with section 47(1)(a), the Minister must appoint a board of inquiry to—
decide an application for a section 20 activity; and
complete the performance or exercise of the functions, duties, and powers prescribed in this Part, in relation to the application (including any appeals in relation to the matter that are filed in any court).
The Minister may, as the Minister sees fit, set terms of reference about administrative matters relating to the inquiry.
The Minister must appoint 3 to 5 suitable persons to be members of the board of inquiry.
In appointing a person to the board, the Minister must consider the need for the board to have available to it from its members, knowledge, skill, and experience relating to—
the activity or type of activities that the board will be considering; and
relevant technical expertise.
The Minister must appoint a chairperson.
The chairperson may (but need not) be a current, former, or retired Environment Court Judge or a retired High Court Judge.
Schedule 4 applies to boards of inquiry and applications considered by a board of inquiry.
A member of a board of inquiry 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 board.
A marine consent authority must deal with any application for a marine consent as promptly as is reasonable in the circumstances.
If section 38(3) applies to the application (and it is not returned under section 44), the Environmental Protection Authority must decide the application no more than 9 months after it determines under section 41 that the application is complete.
A marine consent authority may request that an applicant provide further information relating to an application.
A request may be made at any reasonable time—
before a hearing under section 51 or 52 or Schedule 4; or
if no hearing is held, before the marine consent authority makes a decision on the application.
A request must be in writing and set out the marine consent authority’s reasons for requesting further information.
The marine consent authority must, in the case of a publicly notified application, provide a copy of the information provided by the applicant to every submitter as soon as practicable after the later of—
the date on which it receives the information; and
the date on which the submitter makes a submission.
An applicant who receives a request under section 55(1) must, within 5 working days after the date of the request,—
write to the marine consent authority telling it that the applicant agrees to provide the information; or
write to the marine consent authority telling it that the applicant refuses to provide the information.
After the marine consent authority receives the applicant’s letter under subsection (1)(b), the marine consent authority must—
set a reasonable time within which the applicant must provide the information; and
write to the applicant advising the applicant of the date by which the applicant must provide the information.
The marine consent authority must consider the application under section 59 even if the applicant—
agrees to provide the information under subsection (1)(b) but does not do so; or
refuses to provide the information under subsection (1)(c).
A marine consent authority may—
commission an independent review of an impact assessment (if no review was commissioned under section 42):
seek advice from the Māori Advisory Committee on any matter related to the application:
seek advice or information from any person on any aspect of—
an application for a marine consent; or
the activity to which an application relates:
commission any person to provide a report on any aspect of—
the activity to which an application relates.
The marine consent authority must advise an applicant in writing—
if it intends to commission a review or report or seek advice or information; and
of the reasons for wanting to do so.
Subsection (1) applies at any reasonable time—
before a hearing is held; or
if no hearing is to be held, before a decision on the application is made.
An applicant may object under section 101 to a decision to commission a review or a report, or to seek advice or information.
The marine consent authority must, as soon as is reasonably practicable after receiving any advice or report under this section, notify the applicant and every submitter that the advice or report is available at the EPA’s office.
The marine consent authority may request that an applicant for a marine consent and 1 or more submitters—
meet to discuss any matters in dispute in relation to the application for consent; or
enter mediation to resolve any matters in dispute in relation to the application for consent.
The person who conducts the meeting or mediation must report on the outcome of the meeting or mediation to—
the marine consent authority; and
the persons who were at the meeting or mediation.
The report must set out—
the matters that were agreed at the meeting or mediation; and
the matters that were not resolved.
The report must not include anything communicated or made available on a without prejudice basis at the meeting or during the mediation.
Replace the cross-heading above section 59 with:
In the heading to section 59, replace “Environmental Protection Authority’s” with “Marine consent authority’s”.
“Environmental Protection Authority’s”
“Marine consent authority’s”
In section 59(1), replace “the Environmental Protection Authority” with “a marine consent authority”.
In section 59(2), replace “The EPA” with “If the application relates to a section 20 activity (other than an activity referred to in section 20(2)(ba)), a marine consent authority”.
“The EPA”
“If the application relates to a section 20 activity (other than an activity referred to in section 20(2)(ba)), a marine consent authority”
In section 59(2)(k), after “regulations”, insert “(other than EEZ policy statements)”.
“(other than EEZ policy statements)”
In section 59(2)(l), after “law”, insert “(other than EEZ policy statements)”.
“law”
In section 59(2)(m), (3), (4), (5), and (6), replace “EPA” with “marine consent authority” in each place.
“EPA”
“marine consent authority”
After section 59(2), insert:
If the application is for a marine discharge consent, the EPA must take into account—
the matters described in subsection (2), except paragraph (c); and
the effects on human health of the discharge of harmful substances if consent is granted.
If the application is for a marine dumping consent or relates to an activity referred to in section 20(2)(ba), the EPA must take into account—
the matters described in subsection (2), except paragraphs (c), (f), (g), and (i); and
the effects on human health of the dumping of waste or other matter, or the abandonment of the pipeline, if consent is granted; and
any alternative methods of disposal of the waste, other matter, or pipeline that could be used; and
whether there are practical opportunities to reuse, recycle, or treat the waste, other matter, or pipeline.
Before section 59(3)(a), insert:
EEZ policy statements; and
Replace section 59(3)(b) with:
any advice, reports, or information sought under this Part and received in relation to the application; and
In section 60, replace “the Environmental Protection Authority” with “a marine consent authority”.
In section 61(1), replace “the Environmental Protection Authority” with “a marine consent authority”.
In section 61(2) and (3), replace “EPA” with “marine consent authority”.
Replace section 61(4) with:
Subsection (3) does not—
apply to an application for—
a marine dumping consent; or
a marine discharge consent; or
a marine consent in relation to an activity referred to in section 20(2)(ba); or
limit section 63 or 64.
In section 62(1), replace “the EPA” with “a marine consent authority”.
After section 62(1), insert:
However, the marine consent authority must refuse an application for a marine dumping consent or an application relating to an activity referred to in section 20(2)(ba) if—
the marine consent authority considers that the waste, other matter, or pipeline may be reused, recycled, or treated without—
more than minor adverse effects on human health or the environment; or
imposing costs on the applicant that are unreasonable in the circumstances; or
the waste, other matter, or pipeline is identified in such a way that it is not possible to assess the potential effects of dumping or abandoning it on human health or the environment; or
the marine consent authority considers that dumping the waste or other matter or abandoning the pipeline is not the best approach to its disposal in the circumstances.
In section 62(2) and (3), replace “EPA” with “marine consent authority”.
In section 63(1), replace “The Environmental Protection Authority” with “A marine consent authority”.
“The Environmental Protection Authority”
“A marine consent authority”
In section 63(2), (3), and (4), replace “EPA” with “marine consent authority”.
In section 63(2)(b), after “that”, insert “, if section 64 applies,”.
“that”
“, if section 64 applies,”
Before section 64(1), insert:
This section does not apply to—
a marine consent in relation to an activity referred to in section 20(2)(ba).
In section 64(1), replace “The Environmental Protection Authority” with “A marine consent authority”.
In section 64(3), replace “the EPA” with “a marine consent authority”.
In section 65(1), replace “the Environmental Protection Authority” with “a marine consent authority”.
In section 65(2)(d), (e), and (f), and (3), replace “EPA” with “marine consent authority” in each place.
In section 68(1)(b), replace “section 47” with “section 49”.
“section 49”
Replace section 69 with:
Every decision of a marine consent authority on an application for a marine consent must—
be in writing; and
include the reasons for the decision.
In the heading to section 70, replace “Environmental Protection Authority’s” with “marine consent authority’s”.
“marine consent authority’s”
In section 70(1), replace “Environmental Protection Authority” with “marine consent authority”.
“Environmental Protection Authority”
In section 70(1)(a)(iv) and (3), replace “EPA” with “marine consent authority”.
Above section 71, insert:
In section 73(1), after “marine consent”, insert “(other than a marine discharge consent or a marine dumping consent)”.
“marine consent”
“(other than a marine discharge consent or a marine dumping consent)”
After section 73(1), insert:
The duration of a marine discharge consent or a marine dumping consent is—
the term specified in the consent, which must not be more than 35 years; or
if no term is specified, 5 years after the date of the granting of the consent.
In section 73(2), replace “the Environmental Protection Authority” with “a marine consent authority”.
In section 74(2)(d), replace “the EPA” with “a marine consent authority”.
In section 74(3)(b), replace “declined” with “refused”.
“declined”
“refused”
After section 75, insert:
This section applies to a marine consent that has been granted by a board of inquiry under section 62(1)(a).
The EPA has all the functions, duties, and powers in relation to the marine consent as if it had granted the consent itself.
In section 78(2), replace “section 45(1)” with “section 47(1)(b)(ii)”.
“section 45(1)”
“section 47(1)(b)(ii)”
In section 78A, replace “section 44A(a)” with “section 46(a)”.
“section 44A(a)”
“section 46(a)”
In section 79(1), replace “Sections 42 to 44 and 45 to 58” with “Sections 45 to 57 (other than sections 46, 51, 53, and 54)”.
“Sections 42 to 44 and 45 to 58”
“Sections 45 to 57 (other than sections 46, 51, 53, and 54)”
In section 79(1A), replace “Sections 42 to 44B (and the Schedule)” with “Sections 46, 51, and 55 to 57”.
“Sections 42 to 44B (and the Schedule)”
“Sections 46, 51, and 55 to 57”
In section 79(2), replace “section 44(1)(a)” with “section 57(1)(a)”.
“section 44(1)(a)”
“section 57(1)(a)”
Above section 84, insert:
In section 84,—
replace “The EPA” with “A marine consent authority”:
replace “minor mistakes or defects” with “minor omissions, errors, or other defects”.
In section 87(3)(a), replace “section 45” with “section 47”.
Repeal subpart 2A of Part 3.
In section 88, repeal the definitions of consent authority and relevant consent authority.
In section 88, insert in their appropriate alphabetical order:
processing, in relation to an application, means processing—
if no hearing is held, before a decision is made on the application
relevant resource consent authority means—
the resource consent authority responsible for a district or region in which part of a cross-boundary activity is or is intended to be undertaken; or
the Minister of Conservation, in relation to the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island
resource consent authority means a consent authority as that term is defined in section 2(1) of the Resource Management Act 1991
Replace section 91(1) and (2) with:
If a person makes a joint application for consent, the joint application must be sent to—
the relevant resource consent authority; and
the Environmental Protection Authority.
In section 92, replace “Subpart 2 applies” with “Subparts 2A to 2D apply”.
“Subpart 2 applies”
“Subparts 2A to 2D apply”
After section 93(1), insert:
However, the EPA cannot make a decision under subsection (1) if the application for a marine consent has been referred to a board of inquiry.
In section 93(3)(a), replace “relevant consent authority” with “relevant resource consent authority”.
“relevant consent authority”
“relevant resource consent authority”
In section 93(3)(b), replace “as incomplete under section 41” with “under section 44 as if it were incomplete”.
“as incomplete under section 41”
“under section 44 as if it were incomplete”
Replace the heading to section 94 with “Joint processing must cease when application for resource consent referred to Environment Court”.
“Joint processing must cease when application for resource consent referred to Environment Court”
Repeal section 94(1) to (3).
In section 94(7), replace “subpart 2” with “subpart 2A”.
“subpart 2”
“subpart 2A”
After section 94, insert:
The Environmental Protection Authority may decide that the application for a resource consent and the application for a marine consent that comprise the joint application must cease to be processed as a joint application and continue to be processed separately.
However, the EPA cannot make a decision under subsection (1) if the joint application for consent has been referred to a board of inquiry.
Subsection (1) applies only if—
the EPA and the relevant resource consent authority agree that the applications are sufficiently unrelated that a joint process is not necessary; or
one application must be publicly notified, but not the other; or
a hearing is required for one application, but not the other; or
the joint processing of the applications for resource consent and marine consent that comprise the joint application for consent is not administratively efficient.
In any case described in subsection (1),—
the relevant resource consent authority must resume processing the application for resource consent under the Resource Management Act 1991; and
the EPA must resume processing the application for a marine consent under subpart 2A.
Replace section 96 with:
The Environmental Protection Authority is responsible for ensuring the efficient and co-ordinated processing of a joint application for consent for a cross-boundary activity.
The EPA must, in relation to the joint application, liaise with the relevant resource consent authority to—
prepare a request for further information under section 55 so that, where practicable, the request covers all the information needed in relation to the whole cross-boundary activity; and
ensure that, if both applications must be publicly notified, they are notified jointly by the EPA and the relevant resource consent authority; and
set a closing date for the making of submissions (if applicable); and
receive submissions and provide copies of them to the relevant resource consent authority; and
provide general administrative services.
The EPA may extend a time period that applies to the processing of the application for a marine consent in order to ensure that (where applicable)—
the application for a marine consent is notified jointly with the application for resource consent:
submissions on the applications close on the same date.
Replace section 98 with:
Subject to sections 99 and 99A,—
the relevant marine consent authority must decide an application for a marine consent, a marine discharge consent, or marine dumping consent that is part of a joint application for consent; and
the relevant resource consent authority must decide the application for a resource consent that is part of a joint application.
Sections 59 to 71 apply to an application for a marine consent, a marine discharge consent, or a marine dumping consent.
Sections 104 to 116 of the Resource Management Act 1991 apply to the application for a resource consent.
In section 99(3), replace “sections 44B, 50 to 58, and 68” with “sections 51 and 52”.
“sections 44B, 50 to 58, and 68”
“sections 51 and 52”
In section 99(4)(a), replace “section 45(2)” with “section 47”.
“section 45(2)”
In section 99(4)(a)(ii), replace “section 46” with “section 48”.
In section 99(4)(b), replace “the EPA” with “a marine consent authority”.
After section 99, insert:
This section applies to a joint application for consent if—
the application for a marine consent is for a section 20 activity; and
the application for a resource consent that is or is part of a proposal of national significance is to be referred to a board of inquiry under section 142(2)(a) or 147(1)(a) of the Resource Management Act 1991.
The responsible Ministers must, as soon as practicable after being notified in accordance with section 47(1)(a), appoint a board of inquiry to—
decide the joint application; and
perform or exercise the functions, duties, and powers of a marine consent authority, prescribed in subparts 2C to 2E, in relation to the application (including any appeals in relation to the matter that are filed in any court).
The responsible Ministers must appoint 3 to 5 suitable persons to be members of the board of inquiry.
The Minister may, if he or she considers it appropriate, invite the EPA to nominate persons to be members of the board.
In appointing a person to the board, the responsible Ministers must consider the need for the board to have available to it, from its members,—
this Act and the Resource Management Act 1991; and
The EPA must—
process the application for a marine consent together with the associated application for a resource consent; and
publicly notify the application under section 47(1)(a) if the application has not already been notified; and
receive submissions made under section 48.
Sections 51 to 53 do not apply to the application for a marine consent.
Despite subsection (7), clauses 1 to 4 and 14 of Schedule 4 do apply to the processing of the application for a marine consent.
The following provisions of the Resource Management Act 1991 apply to the processing of the application for a marine consent as if the application were part of the associated application for a resource consent:
section 149L (which deals with the conduct of the inquiry):
section 149R (which requires the board to produce a final report), but not subsections (3)(e) and (f) and (4)(b) and (c):
section 149RA(1) and (2) (which allows the board to make minor corrections to board decisions and resource consents):
section 149S (which allows the Minister for the Environment to extend the time by which the board must report), but not subsection (4)(b):
section 149V (which provides for appeals against decisions to be on questions of law only) as if the reference in that section to section 149R(4)(a) to (f) were a reference to section 149R(4)(a), (d), (e), and (f).
In this section, responsible Ministers means—
the Minister for the time being responsible for the administration of the Resource Management Act 1991.
After section 100, insert:
The owner or operator of an offshore installation used in connection with petroleum production, or a structure, submarine pipeline, or submarine cable associated with such an installation, may submit a decommissioning plan to the Environmental Protection Authority for acceptance.
The decommissioning plan must—
identify the offshore installations, structures, submarine pipelines, and submarine cables that are to be decommissioned; and
fully describe how and when they are to be decommissioned; and
if it is a revised decommissioning plan referred to in section 100C, identify the changes from the accepted decommissioning plan that it is intended to replace; and
include any other information required by the regulations.
The regulations may elaborate on what information is required to be included in the plan under subsection (2)(a) to (c).
When a decommissioning plan is submitted, the Environmental Protection Authority must—
deal with the plan in accordance with the process prescribed by the regulations; and
assess the plan against the criteria prescribed by the regulations.
Having assessed the plan, the EPA must,—
if it is satisfied that the plan meets those criteria, accept the plan as the accepted decommissioning plan for the installations, structures, pipelines, and cables to which it relates; or
otherwise, refuse to accept the plan.
To avoid doubt, the EPA may refuse to accept a plan if it considers that it does not have adequate information to determine whether it meets the criteria.
The EPA must give to the owner or operator—
written notice of its decision under subsection (2); and
if it refuses to accept the plan, written reasons for that decision.
If the owner or operator of an offshore installation, structure, submarine pipeline, or submarine cable wishes to amend the accepted decommissioning plan (the current plan), it may submit a revised decommissioning plan to the Environmental Protection Authority under section 100A.
If the EPA accepts the revised plan under section 100B(2)(a),—
the current plan ceases to be the accepted decommissioning plan; and
the revised plan becomes the accepted decommissioning plan in its place.
Regulations made for the purposes of section 100B must provide for public consultation in relation to a decommissioning plan that has been submitted for acceptance.
However, in relation to a revised decommissioning plan referred to in section 100C, the regulations may provide for either or both of the following:
that public consultation is required only in relation to the changes from the current plan (as defined in section 100C) to the revised plan:
that public consultation is not required if the EPA is satisfied that the effect on the environment and existing interests of implementing the revised decommissioning plan would not be materially different from, or would be less than, the effect of implementing the current plan.
Regulations are to be regarded as providing for public consultation in relation to a plan if the regulations—
require the EPA to publicly notify the plan; and
allow any person who wishes to make a submission about the plan a reasonable opportunity to do so; and
require the owner or operator of the offshore installation, structure, submarine pipeline, or submarine cable to consider each submission and either—
amend the plan in response to the submission; or
explain to the EPA why it does not propose to amend the plan in response to the submission.
In Part 4, replace the subpart 1 heading with:
Replace section 101(1) with:
An applicant for a marine consent may object to a decision of a marine consent authority—
under section 41 that an application is incomplete; or
under section 42 to commission a review; or
under section 57 to commission a review or seek advice.
In section 101(2),—
delete “under section 58(5)”; and
“under section 58(5)”
replace “the EPA” with “a marine consent authority”.
In section 102(1), replace “the Environmental Protection Authority” with “a marine consent authority”.
In section 102(3), replace “EPA” with “marine consent authority”.
In section 103(1), replace “The Environmental Protection Authority” with “A marine consent authority”.
In section 103(2), replace “EPA” with “marine consent authority” in each place.
After section 104, insert:
In section 105(1)(b), replace “decline” with “refuse”.
“decline”
“refuse”
Repeal section 109.
After section 113, insert:
The applicant for a consent or any submitter on an application for a consent may appeal to the High Court against the whole or a part of a decision of a board of inquiry to—
grant an application for a consent; or
refuse an application; or
impose any conditions on a consent.
An appeal lodged under this section may be only on a question of law.
This section is in addition to the rights provided for in section 101.
An appellant must file a notice of appeal with the Registrar of the High Court in Wellington within 15 working days after the date on which the appellant is notified of the decision of a board of inquiry.
The appellant must also serve a copy of the notice of the appeal on the board of inquiry and the EPA within the time limit specified in subsection (1).
The notice of appeal must specify—
the decision or part of the decision appealed against; and
the error of law alleged by the appellant; and
the grounds of appeal with sufficient particularity for the court and other parties to understand them; and
the relief sought.
The appellant must serve a copy of the notice of appeal on—
the applicant or consent holder, if the appellant is not the applicant or consent holder; and
any submitter on the application for consent, or a change of the consent conditions, or a review of consent conditions.
The appellant must comply with subsection (4) no later than 5 working days after the appeal is filed.
The board of inquiry must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal.
The applicant for, or holder of, the consent to which the appeal relates and any submitters who wish to appear on an appeal to the High Court must give notice of intention to appear to—
the appellant; and
the Registrar of the High Court; and
the Environmental Protection Authority; and
the board of inquiry.
The notice to appear must be served within 10 working days after the person is served with the notice of appeal.
The parties to an appeal before the High Court are—
the board of inquiry whose decision is being appealed; and
a person who gives notice of intention to appear under section 113C; and
a person who becomes a party to an appeal under section 113E.
The High Court may dismiss an appeal if—
the appellant does not appear at the hearing of the appeal; or
the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal.
An appeal is ready for hearing when the appellant notifies the Registrar of the High Court that the notice of appeal has been served on all parties to the proceedings.
The Registrar must arrange a hearing date as soon as practicable after being notified that the notice of appeal has been served on all parties to the proceedings.
The High Court Rules apply if a procedural matter is not provided for by sections 113A to 113G.
Any party to an appeal under section 113D may apply to the Supreme Court for leave to appeal a decision of the High Court under this subpart, but only on a question of law.
The Supreme Court may—
grant leave; or
deny leave; or
remit the appeal to the Court of Appeal.
No appeal may be made from any appeal determined by the Court of Appeal under subsection (2)(c).
An application for leave for the purposes of subsection (1) must be filed no later than 10 working days after the determination of the High Court.
The following persons may be a party to any proceedings before the High Court under this Act:
the Attorney-General, representing a relevant aspect of the public interest:
the relevant resource consent authority in relation to proceedings affecting a cross-boundary activity to which subpart 3 of Part 3A applies.
A person described in subsection (1) may become a party to the proceedings by giving notice to the High Court and to all other parties within 15 working days after—
the period for lodging a notice of appeal ends, if the proceedings are an appeal:
the proceedings are commenced, in any other case.
The notice given under subsection (2) must state—
the proceedings in which the person has an interest; and
whether the person supports or opposes the proceedings and the reasons for that support or opposition; and
if applicable, the grounds for seeking representation under subsection (1)(a); and
an address for service.
A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsection (5).
Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal or other proceeding.
A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.
In section 134G(2)(b), replace “section 55” with “a provision of the Commissions of Inquiry Act 1908 as applied by clause 4 of Schedule 2, clause 5 of Schedule 3, or clause 9 of Schedule 4”.
“a provision of the Commissions of Inquiry Act 1908 as applied by clause 4 of Schedule 2, clause 5 of Schedule 3, or clause 9 of Schedule 4”
In section 137(1) and (2), replace “6” with “12”.
“6”
“12”
Replace section 141(2) with:
The power to enter and inspect allows the person to—
inspect any item found in a place, vehicle, vessel, or structure entered in accordance with subsection (1):
take a sample of any substance:
seize anything that may be lawfully seized:
conduct examinations, tests, inquiries, and demonstrations:
require the production of, and copy, any document or part of a document.
After section 142(d), insert:
a board of inquiry appointed under section 53, 99, or 99A.
In section 143(2), replace “include” with “include (but are not limited to)”.
“include”
“include (but are not limited to)”
Replace section 148(1) with:
If a notice or other document is to be served on a person for the purposes of this Act,—
it must, if the person has specified an electronic address as an address for service for the matter to which the document relates, be served by sending it to the electronic address; and
it may, if paragraph (a) does not apply, be served by any of the following methods:
delivering it personally to the person, except if the person is a Minister of the Crown:
sending it to the usual or last known electronic address of the person:
posting it to the post office box address that the person has specified as an address for service:
After section 158B, insert:
The Environmental Protection Authority may provide WorkSafe with any information that the EPA holds and that the EPA considers may assist WorkSafe in the performance of WorkSafe’s functions under the WorkSafe New Zealand Act 2013.
WorkSafe may provide the EPA with any information that WorkSafe holds and that it considers may assist the EPA in the performance of the EPA’s functions under this Act.
If any information provided by the EPA under subsection (1) is the subject of a direction made under section 158, that section continues to apply to the information and WorkSafe must comply with that section.
In section 161(4), replace “Section 41” with “Section 44”.
“Section 41”
“Section 44”
In section 161(5)(b)(ii) and (6), replace “section 41” with “section 44”.
In section 162(2),—
after “subsection (3)”, insert “where the activity has adverse effects on the environment or existing interests”; and
“subsection (3)”
“where the activity has adverse effects on the environment or existing interests”
delete “on the environment or existing interests of an activity”.
“on the environment or existing interests of an activity”
In section 163(3)(b)(ii) and (4), replace “section 41” with “section 44”.
In section 164A, delete “section 87F of”.
“section 87F of”
In section 164B(2), replace “section 87F” with “this Act”.
“section 87F”
“this Act”
In section 166(4), replace “Section 41” with “Section 44”.
In section 166(5)(b)(ii) and (6), replace “section 41” with “section 44”.
Insert the Schedule 1 set out in Schedule 7A of this Act as the first schedule to appear after the last section of the principal Act.
In the Schedule heading, after “Schedule”, insert “2”.
“Schedule”
“2”
In the Schedule heading, replace “s 44B” with “s 51(3)”.
“s 44B”
“s 51(3)”
After the Schedule (which is renamed by section 234 as Schedule 2), insert as Schedules 3 and 4 the schedules set out in Schedule 8 of this Act.
This section amends the Environmental Protection Authority Act 2011.
In the heading to section 19, replace “Function” with “Functions”.
“Function”
“Functions”
Replace section 19(1) with:
The functions of the Māori Advisory Committee are—
to provide advice and assistance to the EPA on matters relating to policy, process, and decisions of the EPA under an environmental Act or this Act; and
to provide advice to a marine consent authority when the committee’s advice is sought under section 57(1)(b) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
This section amends the Maritime Transport Act 1994.
In section 261(5)(b), delete “section 87F of”.
s 108
In Schedule 1, after clause 1, insert:
A proposed policy statement or plan must be prepared in accordance with any applicable Mana Whakahono a Rohe.
A local authority may comply with clause 3(1)(d) in any particular case by consulting relevant iwi authorities about a proposed policy statement or plan in accordance with a Mana Whakahono a Rohe.
Nothing in this schedule limits any relevant iwi participation legislation or agreement under that legislation.
In Schedule 1, replace clause 4(1) and (2) with:
This clause applies to a new district plan or review of a district plan under section 79(1).
The territorial authority must give written notice to any requiring authority that has a designation that has not lapsed in the relevant part of the district plan.
The purpose of the notice is to invite those requiring authorities to give written notice to the territorial authority stating whether the requiring authority requires the designation to be included, with or without modification, in the proposed plan.
(1C)
Subclause (1A) applies before the territorial authority—
notifies the district plan, change, or variation under clause 5; or
notifies a decision to use a collaborative planning process under clause 38; or
applies to the Minister for a direction under section 80C to enter the streamlined planning process.
(1D)
The written notice must—
give the requiring authority at least 30 working days to respond; and
state which planning process under this schedule it proposes to use or request; and
specify the final date for the requiring authority to provide its written notice; and
advise the requiring authority whether the territorial authority intends to include the designation in the matters that the collaborative group may consider under the terms of reference set under clause 41.
If a territorial authority intends to use a collaborative planning process under clause 38, the written notice it gives under subclause (1A) requesting the requiring authority or heritage protection authority to advise the territorial authority of the following matters must also be given to any heritage protection authority that has a heritage order that has not lapsed:
whether the requiring authority or heritage protection authority wishes to be part of the collaborative group; and
if so, the name of the person to represent the requiring authority or heritage protection authority on the collaborative group.
If the requiring authority or heritage protection authority agrees to be part of the collaborative group, the provisions of Part 4 of this schedule apply to the processes for review, the making of submissions, hearings, decision making on the designation or heritage order, and appeal rights.
If the requiring authority or heritage protection authority does not agree to be part of the collaborative group,—
the collaborative group may consider the designation or heritage order, but only if it is within the terms of reference of the collaborative group; and
the territorial authority must include in the proposed plan—
the designation or heritage order; and
any consensus recommendations on the designation or heritage order; and
the provisions of Part 4 of this schedule apply to the processes for review, the making of submissions, and hearings; and
the provisions of Part 1 of this schedule apply to decision making on a designation or heritage order and on any appeal rights.
In Schedule 1, clause 4(5), after “apply”, insert “or any requirement to which clause 41A applies”.
“apply”
“or any requirement to which clause 41A applies”
In Schedule 1, repeal clause 4(8).
In Schedule 1, after clause 4, insert:
Before notifying a proposed policy statement or plan, a local authority must—
provide a copy of the relevant draft proposed policy statement or plan to the iwi authorities consulted under clause 3(1)(d); and
have particular regard to any advice received on a draft proposed policy statement or plan from those iwi authorities.
When a local authority provides a copy of the relevant draft proposed policy statement or plan in accordance with subclause (1), it must allow adequate time and opportunity for the iwi authorities to consider the draft and provide advice on it.
In Schedule 1, replace clause 5(1)(b) with:
if the local authority decides to proceed with the proposed policy statement or plan, do one of the following, as appropriate:
publicly notify the proposed policy statement or plan:
give limited notification, as provided for in clause 5A.
In Schedule 1, after clause 5, insert:
This clause applies to a proposed change or variation.
The local authority may give limited notification, but only if it is able to identify all the persons directly affected by the proposed change or a variation of a proposed policy statement or plan.
The local authority must serve limited notification on all persons identified as being directly affected by the proposed change or variation.
A notice given under this clause must state—
where the proposed change or variation may be inspected; and
that only the persons given limited notification under this clause may make a submission on the proposed change or variation; and
the process for participating in the consideration of the proposed change or variation; and
the closing date for submissions; and
the address for service of the local authority.
The local authority may provide any further information relating to a proposed change or variation that it thinks fit.
The closing date for submissions must be at least 20 working days after limited notification is given under this clause.
If limited notification is given, the local authority may adopt, as an earlier closing date, the last day on which the local authority receives, from all the directly affected persons, a submission, or written notice that no submission is to be made.
The local authority must provide a copy of the proposed change or variation, without charge, to—
the Minister for the Environment; and
for a change to, or variation of, a regional coastal plan, the Minister of Conservation and the Director-General of Conservation; and
for a change to, or variation of, a district plan, the regional council and adjacent local authorities; and
for a change to, or variation of, a policy statement or regional plan, the constituent territorial authorities and adjacent regional councils; and
tangata whenua of the area, through iwi authorities.
If limited notification is given in relation to a proposed change under this clause, the local authority must make the change or variation publicly available in the central public library of the relevant district or region, and may also make it available in any other place that it considers appropriate.
The obligations on the local authority under subclause (4) are in addition to those under section 35 (which relates to the keeping of records).
In Schedule 1, heading to clause 6, after “submissions”, insert “under clause 5”.
“submissions”
“under clause 5”
In Schedule 1, after clause 6, insert:
If limited notification is given under clause 5A on a proposed change to a policy statement or plan, the only persons who may make submissions or further submissions on the proposed change are—
the persons given limited notification under clause 5A(3); and
the persons provided with a copy of the proposed change under clause 5A(8).
However, if a person with a right to make a submission could gain an advantage in trade competition through making a submission, that person may make a submission only if directly affected by an effect of the proposed change that—
adversely affects the environment; and
does not relate to trade competition or the effects of trade competition.
The local authority in its own area may make a submission.
Submissions must be made in the prescribed form.
In Schedule 1, after clause 7(2), insert:
However, in the case of a submission on a proposed change to a policy statement or plan, if a local authority has given limited notification under clause 5A, it must give notice of the matters listed in subclause (1), as relevant, instead of giving public notice, to—
In Schedule 1, after clause 8(1), insert:
However, in the case of submissions on a proposed change to a policy statement or plan, the only persons (in addition to the relevant local authority) who may make a further submission are—
the persons given a copy of the proposed change under clause 5A(8).
In Schedule 1, clause 8(2), after “further submission”, insert “given under subclause (1) or (1A)”.
“further submission”
“given under subclause (1) or (1A)”
In Schedule 1, clause 8(2), after “clause 6”, insert “or 6A”.
“clause 6”
“or 6A”
In Schedule 1, clause 8A(1), after “clause 8”, insert “(1) or (1A)”.
“clause 8”
“(1) or (1A)”
In Schedule 1, clause 8A(1)(b), after “clause 6”, insert “or 6A”.
In Schedule 1, clause 16B(2), delete “public”.
In Schedule 1, after clause 21(3), insert:
However, in relation to a policy statement or plan approved under Part 4 of this schedule, no request may be made to change the policy statement or plan earlier than 3 years after the date on which it becomes operative under clause 20 (as applied by section 80A(2)(a)).
In Schedule 1, clause 21(4), replace “Part 1 shall apply” with “Part 1, 4, or 5 applies”.
“Part 1 shall apply”
“Part 1, 4, or 5 applies”
In Schedule 1, clause 25(2)(a)(i), after “clause 5”, insert “or 5A”.
“or 5A”
In Schedule 1, after clause 25(2), insert:
However, if a direction is applied for under section 80C, the period between the date of that application and the date when the application is declined under clause 76(1) must not be included in the calculation of the 4-month period specified by subclause (2)(a)(i).
In Schedule 1, clause 25(2)(a)(ii), replace “Part 1” with “Part 1 or 4”.
“Part 1 or 4”
In Schedule 1, clause 25(5), after “that decision”, insert “, including the decision on notification”.
“that decision”
“, including the decision on notification”
In Schedule 1, clause 26(b), delete “publicly”.
In Schedule 1, clause 26, insert as subclause (2):
However, if a direction is applied for under section 80C, the period between the date of that application and the date when the application is declined under clause 76(1) must not be included in the calculation of the 4–month period specified in subclause (1)(b)(i).
In Schedule 1, after clause 26, insert:
In exercising or performing any powers, functions, or duties under this Part, a local authority must comply with any Mana Whakahono a Rohe that specifically provides a role for iwi authorities in relation to any plan or change requested under this Part.
In Schedule 1, clause 31(a) and (b), replace “Part 1” with “Part 1, 4, or 5”.
“Part 1, 4, or 5”
In Schedule 1, clause 33(a) and (b), replace “Part 1” with “Part 1, 4, or 5”.
In Schedule 1, after clause 35, insert:
In this Part,—
appointer means the local authority that appoints a review panel for the purposes of this Part
collaborative group means a group of persons appointed by a local authority under clause 40 for the purpose of assisting the local authority to prepare or change a proposed policy statement or plan that relates to its functions under section 30 or 31, as the case may be
review panel and panel mean a panel established under clause 63.
A local authority may decide to use the collaborative planning process to prepare or change a policy statement or plan.
In determining whether the collaborative planning process is to be used to prepare or change a policy statement or plan, a local authority must consider—
whether the resource management issues to be dealt with in the policy statement or plan would benefit from the use of the collaborative planning process, having regard to the scale and significance of the relevant resource management issues; and
the views and preferences expressed by persons who are likely to be affected by those resource management issues or who have an interest in them; and
whether the local authority has the capacity to support the collaborative planning process, having regard to the financial and other costs of the process; and
whether a requirement, designation, or heritage order could be considered within a collaborative planning process; and
whether there are people in the community able and willing to participate effectively in the collaborative planning process as members of a collaborative group; and
whether any matters of national significance are likely to arise and, if so, whether these could be dealt within the collaborative planning process; and
whether the relevant provisions of any iwi participation legislation that applies in an area could be accommodated within the collaborative planning process, as required by this Part.
Before determining to use the collaborative planning process, a local authority must be satisfied that use of the process is not inconsistent with the local authority’s obligations under any relevant iwi participation legislation or Mana Whakahono a Rohe.
A local authority must give public notice of its decision made under clause 37, stating—
the extent of the area that will be subject to the proposed policy statement or plan and the subject matter, including any requirement, designation, or heritage order; and
where the decision and reasons for the decision of the local authority may be inspected.
If a local authority gives notice that it intends to use the collaborative planning process to prepare or change a policy statement or plan, it is not permitted to withdraw from that process at any stage and progress the preparation of a policy statement or plan under any of the other processes in this schedule.
However, subclause (2) does not apply if—
a local authority has been unable to appoint a collaborative group in accordance with clause 40; or
a collaborative group has breached its terms of reference and the local authority has followed the process specified for dispute resolution in the terms of reference, but the dispute is not resolved; or
the collaborative group and the local authority, after following the dispute resolution process specified in the terms of reference, agree that there are insufficient consensus recommendations on which to proceed to prepare a policy statement or plan.
If a local authority gives notice under clause 38 of its decision to use the collaborative planning process, it must establish a collaborative group.
In establishing a collaborative group, a local authority must appoint—
at least 1 person chosen by iwi authorities to represent the views of tangata whenua; and
in the case of a regional policy statement or plan (other than one prepared by a unitary authority), at least 1 person to represent the views of territorial authorities within the relevant area; and
in the case of a regional coastal plan, 1 person chosen by any customary marine title holder to represent the views of any customary marine title groups within the relevant area; and
other persons who, in the opinion of the local authority, have the knowledge, experience, and skills (including skills in collaboration) that are relevant to the resource management issues to be considered by the group; and
the nominated representative of a requiring authority or heritage protection authority, as the case requires, if the relevant authority has indicated its willingness to be a member of the collaborative group under section 170(2)(c) or clause 4(2) of this schedule.
If the terms of reference under clause 41 include a requirement, designation, or heritage order, the local authority must invite the following persons to nominate representatives for the collaborative group:
landowners and occupiers likely to be directly affected by decisions relating to the requirement, designation, or heritage order; and
any other person that the local authority identifies as being affected.
The local authority may, as it considers necessary, appoint 1 or more representatives from those nominated under subclause (1A).
A local authority may appoint as many persons as it considers appropriate, having regard to—
the scale and significance of the resource management issues to be dealt with; and
the need to comply with subclauses (4) and (5).
A local authority must not appoint persons who are employees or officers of any local authority within the relevant area.
However, the collaborative group may include 1, but not more than 1, elected or appointed member from the local authority that is using the collaborative planning process to prepare or change a policy statement or plan.
If a combined instrument is to be prepared under section 80, the collaborative group may include 1, but not more than 1, elected or appointed member from each local authority that is using the collaborative planning process to prepare or change a policy statement or plan.
The appointments made under this clause must result in a collaborative group whose membership, collectively, reflects a balanced range of the community’s interests, values, and investments in the relevant area as they relate to the resource management issues to be considered by the group.
The Local Government Official Information and Meetings Act 1987 applies to a collaborative group established under this Part as if it were a committee of the local authority under the Local Government Act 2002.
A local authority must set the terms of reference for a collaborative group that it establishes, in consultation with that group.
The terms of reference must direct a collaborative group—
to consider specified matters; and
to report to a local authority with consensus recommendations for a proposed policy statement or plan within a specified time; and
to consider how to comply with the obligations identified by the local authority that arise under this Act or any other enactment that applies to the preparation or changing of a policy statement or plan under this Act; and
to consider how to give effect to the provisions of a national policy statement, a New Zealand coastal policy statement, or a national planning standard that are identified by the local authority as relevant; and
to consider how to comply with the provisions in regulations (including any national environmental standards) and water conservation orders that are identified by the local authority as relevant; and
to consider how to comply with the obligations that are identified by the local authority as arising under—
the provisions of any relevant iwi participation legislation, or any agreement entered into under that legislation:
the provisions of any relevant legislation that require a local authority, in preparing or changing a policy statement or plan under this Act, to give particular consideration to a document prepared under other legislation; and
to establish and use a process for seeking the views of the community of the relevant area on the work that the collaborative group is carrying out and to specify how the local authority will support the collaborative group; and
to prepare an evaluation of the costs and benefits of any recommendations it makes to the local authority.
The terms of reference must include—
the period for which a collaborative group is established (including the period until any appeals are completed); and
whether, and, if so, how much, members of a group are to be paid; and
how the local authority will provide resources to a group for the period between the establishment of a collaborative group and the date on which the local authority’s decision is made under clause 54; and
a dispute resolution process that the local authority must use if necessary in relation to a collaborative group, including—
the process for removing and replacing any of the group’s members or discharging the group:
the decisions that are required to withdraw from the collaborative planning process under clause 38(3)(c).
A local authority may, at any time after consulting a collaborative group, amend the terms of reference that apply to the group.
The local authority must give public notice and notice to the chairperson of the collaborative group if amendments are made to the terms of reference under subclause (4).
A notice given under subclause (5) must state where a copy of the amended terms of reference may be inspected.
The terms of reference are binding on both the local authority and the collaborative group.
This clause applies if, after a notice is given under clause 38 and before the collaborative group reports under clause 43, a territorial authority—
receives a notice of requirement under section 168 or 189; or
issues a notice of requirement under section 168A or 189A.
If the collaborative group, requiring authority, and territorial authority agree,—
a notice of requirement may proceed through the collaborative planning process instead of using the procedures of Part 8 of this Act; and
the requiring authority responsible for the notice of requirement must nominate, and the territorial authority must appoint, a representative for the collaborative group; and
the territorial authority must apply the provisions of clause 40(1A) and (1B).
However, if the requiring authority does not agree to be part of the collaborative group, or withdraws from the group before the collaborative group delivers its report under clause 43, the notice of requirement may not proceed using a collaborative process, but must proceed using another process under this Act.
The terms of reference set under clause 41 must be amended as necessary to reflect the new notice of requirement.
The territorial authority must give public notice in accordance with clause 42 of the new notice of requirement.
As soon as practicable after establishing a collaborative group and providing the terms of reference, a local authority must give public notice that it has appointed a collaborative group and has set its terms of reference.
The public notice must—
include details of the appointments; and
state where the terms of reference may be inspected.
A collaborative group must determine its own procedure.
A collaborative group may commission 1 or more reports on a matter relevant to its terms of reference without the approval of the local authority.
However, the local authority must approve a commission if the local authority is to meet the costs of the commission.
Officers and employees of the local authority may, at the request of a collaborative group, provide technical, executive, or secretarial support to a collaborative group.
Officers and employees of any other local authority may attend the meetings of a collaborative group as technical advisers, if the chairperson of the group agrees.
Section 43 of the Local Government Act 2002 (which relates to indemnification) applies to the members of a collaborative group as if the group were a committee of a local authority.
A collaborative group must report to the local authority in accordance with the terms of reference.
The report must include—
a record of the recommendations on which the collaborative group has reached consensus and the reasons for the consensus position; and
a summary of the costs and benefits that the collaborative group has identified in relation to those recommendations; and
a summary of any alternative options that the collaborative group considered; and
a record of the matters that the collaborative group considered but on which it did not reach consensus; and
a summary of how the collaborative group obtained and considered the views of the community of the relevant area.
A local authority must publicly notify the report received under clause 43, stating where the report may be inspected.
As soon as is reasonably practicable after the report of a collaborative group is publicly notified under clause 44, the local authority must—
prepare a proposed policy statement or plan or change in conjunction with the collaborative group; and
comply with subclauses (2) and (3) and clauses 2 and 3.
A proposed policy statement or plan—
must give effect to the consensus position reached by a collaborative group; and
may include provisions—
that are necessary or appropriate for giving effect to or implementing the consensus position; and
for matters on which the collaborative group did not reach a consensus position, provided those matters were within the terms of reference given to the collaborative group.
However, subclause (2)(a) does not apply if, in giving effect to the consensus position, the proposed policy statement or plan would not comply with—
the relevant provisions of Parts 4 and 5 of this Act; or
any other provisions of this Act or of any other enactment that apply to the preparation or changing of a policy statement or plan under this Act.
A requirement, designation, or heritage order must be included in a proposed plan notified by the requiring authority under section 168 or 189 or clause 4, unless—
the requirement, designation, or heritage order is included in the terms of reference set under clause 41; and
there are consensus recommendations that apply (see subclause (2)(a)).
Before notifying a proposed policy statement or plan prepared or changed under clause 45(1), a local authority must—
provide a copy of the relevant draft proposed policy statement or draft plan to tangata whenua of the relevant area through the relevant iwi authorities, ensuring that the iwi authorities have adequate time and opportunity to provide advice to the local authority; and
have particular regard to any advice received on the draft policy statement or draft plan from the iwi authorities if, and to the extent that, the advice is not inconsistent with the consensus position.
This section applies only if the local authority does not have a Mana Whakahono a Rohe with any relevant iwi authority.
Before a local authority may notify a proposed policy statement or plan prepared or changed under clause 45(1), it must prepare an evaluation report under section 32 for the proposed policy statement or plan or a change to a policy statement or plan.
The evaluation report must state the extent (if any) to which the proposed policy statement, plan, or change does not give effect to the consensus position, and the reasons for that.
The local authority must have particular regard to the evaluation report before notifying a proposed policy statement or plan or change.
A local authority must publicly notify a proposed policy statement or plan prepared or changed under clause 45.
A proposed policy statement or plan notified under subclause (1) must be treated as if it were publicly notified under clause 5(1)(b)(i).
In carrying out its obligation to give public notice under subclause (1), the local authority must comply with—
clause 5(2) and (3) (which relates to the contents and timing of the notice); and
clause 5 (other than subclause (1)).
Clauses 6 to 8A apply to the making of submissions to a local authority on a proposed policy statement, plan, or change notified under clause 48.
A challenge to any part of a proposed policy statement or plan or change on the grounds that it does not comply with clause 45(2) may be made only in a submission to the relevant local authority under clause 6 or 8 (as applied by subclause (1)).
Not later than 3 months after the closing date for further submissions as notified under clause 7(1)(d) (as applied by clause 49), a local authority must prepare a report that includes—
an analysis of whether the decisions requested by submitters are consistent or inconsistent with the consensus position of the collaborative group; and
the response of the local authority to the decisions requested.
The local authority must—
provide a copy of that report to the collaborative group and to tangata whenua of the relevant area through iwi authorities; and
invite comments on the report and the proposed policy statement or plan from the collaborative group and the iwi authorities.
A review panel established by a local authority under clause 63 must hold a hearing on any submissions lodged under clause 6 or 8 (as applied by clause 49).
Notice of the date, time, and place of any hearing must be given to every submitter and to the chairperson of the collaborative group at least 10 working days before the hearing.
Clauses 63 to 73 apply to the establishment and procedures of a review panel.
At the same time as a collaborative group gives comments to a local authority under clause 50(2)(b), the collaborative group may give notice to the local authority that the group has appointed one of its members to attend the hearing of the review panel in order to assist the panel by—
clarifying matters included in the proposed policy statement or plan:
discussing with the panel issues raised in submissions:
providing any relevant information that the panel may request.
Subclause (1) does not exclude any member of the collaborative group from making a submission to the panel on the proposed policy statement or plan.
A review panel established by the local authority must provide a report to the local authority with recommendations on—
the proposed policy statement or plan; and
the matters raised in submissions.
a statement about the extent to which a proposed policy statement or plan, as notified, is inconsistent with the consensus position of the collaborative group; and
the panel’s reasons for accepting or rejecting submissions and, for that purpose, the panel may group submissions according to—
the provisions of the proposed policy statement or plan to which they relate; or
any other provisions of this Act or of any other Act that apply to the preparation or changing of a policy statement or plan under this Act; and
a further evaluation of the proposed policy statement or plan in accordance with section 32AA; and
the panel’s recommendations in respect of—
any changes it proposes to the policy statement or plan; and
whether the recommended changes would be consistent with the consensus position of the relevant collaborative group; and
a requirement, designation, or heritage order that complies with sections 168A(2A) and (3), 171, 189A(10), and 191.
The review panel must not recommend changes to a proposed policy statement or plan—
unless it is satisfied that the changes are needed to ensure that the proposed policy statement or plan complies with—
the relevant provisions of Parts 4, 5, and 8 of this Act; or
the provisions in any other enactment that require a local authority, in preparing or changing a policy statement or plan under this Act, to give particular consideration to a document prepared under that other enactment; or
unless—
the collaborative group is given the opportunity to comment on the review panel’s proposed changes; and
those comments, whether in support or otherwise, are included in the report.
If a review panel proposes to change a requirement, designation, or heritage order,—
the review panel must seek comments from the relevant requiring authority or heritage protection authority (including an authority that is a territorial authority); and
the relevant authority must advise the review panel whether it—
supports the proposed changes; or
seeks further changes; or
disagrees with the changes proposed by the review panel; and
the review panel must include the comments of the authority in the report the panel provides under subclause (1).
A review panel must not recommend changes to an existing designation or heritage order—
that is included without modification in a proposed plan; and
on which no submissions have been received.
In making recommendations to the local authority, the review panel may only make recommendations that are within the scope of—
the proposed policy statement or plan as notified; and
the submissions on the proposed policy statement or plan; and
any comments—
received under clause 50(2)(b); or
provided to the review panel under clause 73.
A review panel is not required to deal individually with each submission, and may group submissions according to the provisions or matter to which they relate.
As soon as is reasonably practicable after receiving a report from a review panel, a local authority must decide whether to accept or reject each recommendation in the report.
If a local authority rejects a recommendation, it must develop an alternative provision for its proposed policy statement or plan, giving reasons for the alternative provision.
An alternative provision must be within the scope of—
a matter raised in a submission; or
the reports and comments provided to a review panel under clause 73; or
comments received under clause 50(2)(b) or 53(4)(b).
Before deciding on an alternative provision, a local authority must—
prepare an evaluation of the alternative provision under section 32; and
ascertain whether the alternative provision is inconsistent with the consensus position; and
ascertain whether any inconsistency is necessary to ensure that the proposed policy statement or plan complies with—
the relevant provisions of Parts 4, 5, and 8 of this Act; and
the provisions of any relevant enactment, including any enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975, that require a local authority, in preparing or changing a proposed policy statement or plan under this Act, to give particular consideration to a document prepared under any other enactment; and
specify any other reasons why the alternative provision is preferred.
When making a decision under subclause (1), a local authority—
is not required to consult any person or to consider the submissions or other evidence of any person; and
must not consider any submission or other evidence unless it was made available to the review panel before the panel made the recommendation on which the local authority makes its decision.
A territorial authority must not make a recommendation or decision in respect of an existing designation or heritage order that—
is included without modification in a proposed plan; and
on which no submissions were received.
Subclause (7) applies to a designation or heritage order—
that must be included in a proposed plan under clause 4(5) (because the requiring authority or heritage protection authority gave notice under clause 4(3)); and
to which clause 4(2B) applies.
The territorial authority must—
recommend to the requiring authority or heritage protection authority that it confirm, modify, impose conditions on, or withdraw the designation or heritage order concerned; and
provide the recommendations to the requiring authority or heritage protection authority for its decision under clause 13.
If subclause (7) applies, the designation or heritage order must be considered in accordance with Part 1 of this schedule from the point when the recommendations of the territorial authority are sent to the requiring authority for its decision under clause 13.
If the collaborative planning process is used by a regional council to prepare or change a regional coastal plan, the Minister of Conservation must approve the proposed plan.
Clauses 18 and 19 apply, with the necessary modifications, to the consideration and approval of a proposed regional coastal plan prepared or changed using the collaborative planning process.
Not later than 2 years after notifying a proposed policy statement or plan or change under clause 48(1), a local authority must—
publicly notify—
its decision under clause 54(1) and (2); and
the report and recommendations of the review panel; and
the place where the decision and reasons may be inspected; and
serve copies of the public notice electronically on each person who made a submission under clause 49.
When publicly notifying a decision in respect of a requirement, designation, or heritage order under this clause, the territorial authority must serve the notice on landowners and occupiers identified under clause 40(1A) who, in the opinion of the local authority, are likely to be directly affected by the decision.
On and from the date on which the decision is publicly notified, the proposed policy statement or plan is amended in accordance with the decision.
Clause 14 of Schedule 12 provides the transitional arrangements for the early use of a collaborative planning process.
The only rights of appeal that are available in respect of decisions made under clause 54 are—
by way of a rehearing under clause 59:
on a question of law under clause 60.
An appeal by way of rehearing may be made in respect of a decision by a local authority under clause 54(1) or (2)—
to change a provision of a proposed policy statement or plan in a way that is inconsistent with the recommendations of the review panel under clause 53:
to include a matter in the proposed policy statement or plan that was not based on a consensus position, because—
it had been included under clause 45(2)(b)(ii); or
it was recommended by the review panel but opposed by the collaborative group under clause 53(4)(b):
to accept or reject a recommendation of the review panel under clause 53(1) for a provision in the proposed plan in relation to a requirement, designation, or heritage order that the requiring authority or heritage protection authority did not support, or supported with changes under clause 53(4A)(b).
The following groups and persons may appeal to the Environment Court under subclause (1):
a collaborative group that provided, in relation to the provision or matter that is the subject of the appeal,—
comments to a local authority under clause 50(2)(b):
information to a panel under clause 52:
an iwi authority that provided comments to a local authority under clause 50(2)(b), but only in relation to a provision or matter on which it provided those comments:
a person who made a submission to the local authority under clause 6 or 8 (as applied by clause 49), but only in relation to a provision or matter on which the person made a submission:
the relevant requiring authority or heritage protection authority, in relation to a decision under subclause (1)(c).
However, there is no right of appeal under this clause if the local authority records in its decision that a change has been made (or not made) to a provision of a proposed policy statement or plan to ensure that the proposed policy statement or plan complies with—
Parts 4, 5, and 8 of this Act, as relevant:
the provisions in any enactment, including any enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975, that require a local authority, in preparing or changing a policy statement or plan under this Act, to give particular consideration to a document prepared under any other enactment.
Section 277A applies to an appeal under this clause.
A group or person specified in clause 59(2) may appeal to the Environment Court against a decision of a local authority made under clause 54(1) if there is no right of appeal in relation to that matter under clause 59.
An appeal under this clause is an appeal on a question of law only.
A notice of appeal under clause 59 or 60 must,—
not later than 30 working days after a local authority publicly notifies a decision under clause 56,—
be lodged with the Environment Court in the prescribed form; and
be served on the local authority whose decision is the subject of the appeal; and
in relation to a designation or heritage order included in the proposed plan, be served on the relevant requiring authority or heritage protection authority; and
if the notice of appeal relates to the coastal marine area, be served on the Minister of Conservation not later than 5 working days after the notice of appeal is lodged with the Environment Court.
Parts 11 and 11A of this Act apply to appeals under clauses 59 and 60.
The following provisions of Part 1 of this schedule apply, as far as they are relevant and with the necessary modifications, to a proposed policy statement or plan:
clauses 16 to 16B (which relate to amending, varying, or merging a variation with, a proposed policy statement or plan); and
clause 17 (which relates to the final consideration and approval of a proposed policy statement or plan, other than a regional coastal plan); and
clauses 18 and 19 (which relate to the consideration and ministerial approval of a regional coastal plan).
If a proposed policy statement or plan is prepared in accordance with the collaborative planning process, any variation to that statement or plan must also be undertaken in accordance with the collaborative planning process.
A review panel must be established by a local authority (the appointer) to hear submissions and make recommendations on a proposed policy statement, plan, or change in the course of the collaborative planning process undertaken under this Part.
Every panel established under clause 63 must comprise at least 3, but not more than 8, members, including the chairperson of the panel.
The majority of the members of a panel must be persons who are not elected or appointed members of an appointer.
A panel must consist of members who collectively have the appropriate knowledge, skills, and experience in relation to—
the matter or type of matter that is to be the subject of the hearing; and
the conduct of cross-examination in legal proceedings; and
the local community.
All the members of a panel must be accredited.
Every panel must include at least 1 member who—
has an understanding of tikanga Māori and the perspective of tangata whenua; and
is appointed after consultation with tangata whenua through the relevant iwi authorities.
A panel (other than one provided for in subclause (7)) must include the chairperson or other member nominated by the Minister if the Minister gives notice, not later than 5 working days after the date by which further submissions must be lodged under clause 7(1)(d), of his or her intention to make a nomination.
A panel established to hear submissions that relate to a proposed regional coastal plan must include the chairperson or other member nominated jointly by the Minister and the Minister of Conservation if the Ministers give notice, not later than 5 working days after the date by which further submissions must be lodged under clause 7(1)(d), of their intention to make a nomination.
Members must be appointed in accordance with clause 65.
In making appointments as required by clauses 63 and 64, an appointer must give written notice to each member appointed, stating—
the date on which the appointment takes effect; and
the term of the appointment.
As soon as practicable after the members of a panel have been appointed, the appointer concerned must notify the appointments on an Internet site to which the public has free access, stating—
that the panel has been established; and
the purpose for which the panel is established.
An appointer may appoint—
a member to replace a member who ceases to hold office:
additional members, after the initial appointments, if the total number of members on a panel is not more than 8, including the chairperson.
This clause applies, to the extent that it is relevant, to the appointment of a replacement member or an additional member.
Every panel continues until it has performed its functions and exercised its powers in relation to the matters for which the panel is established (including the period required to complete any appeals).
A member of a panel remains a member until the earliest of the following:
the panel to which the member is appointed ceases to exist:
the member’s term of office ends:
the member dies or is no longer able to perform the functions and duties of a member on account of ill health or other indisposition:
the member resigns by giving 20 working days’ written notice to the appointer:
the member is removed from office under subclause (3).
An appointer may, at any time for just cause, remove a member from a panel by providing written notice to the member, and a copy of that notice to the chairperson of the panel, that states—
the date on which the member’s removal takes effect, which must not be earlier than the date on which the notice is received by the member; and
the reasons for the removal.
A member of a panel is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
In subclause (3), just cause includes misconduct, an inability to perform the functions of office, a neglect of duty, and any breach of the collective duties of the panel or the individual duties of members.
A member of a panel is not liable for anything the member does, or omits to do, in good faith in performing the functions and duties or exercising the powers of a panel.
The function of every panel is—
to conduct a public hearing of submissions; and
to make recommendations to a local authority on a proposed policy statement or plan under the collaborative planning process.
A panel has the same powers and duties as a local authority under the following provisions:
section 39 (which provides for how hearings are to be conducted), except section 39(2)(c) and (d):
section 39C (which sets out the effect of a lack of accreditation):
section 40 (which provides for the persons who may be heard at hearings):
section 41 (which provides for the application of certain provisions of the Commissions of Inquiry Act 1908):
section 41A (which relates to the control of hearings):
section 41B (which provides for the giving of directions as to the time for providing evidence in relation to a hearing):
section 41C (which sets out the directions and requests that may be given before or at a hearing), except section 41C(4).
A panel may exercise the powers conferred by clause 8AA, except that in clause 8AA(2) to (6) the references to a local authority are to be read as references to a panel.
Subclause (3) applies for the purpose of clarifying or facilitating the resolution of a matter relating to a proposed policy statement or plan.
If a panel considers it appropriate, it may on its own initiative, or if requested, invite anyone who made a submission on a proposed policy statement or plan to meet with the local authority.
Every panel must—
regulate its own procedure in a manner that is appropriate and fair in the circumstances; and
keep a full record of its proceedings.
Parts 1 to 6 and sections 48 and 53 of the Local Government Official Information and Meetings Act 1987 apply to a panel as if that panel were a committee appointed by a local authority under the Local Government Act 2002.
In the event of an equality of votes, the chairperson of the panel has a casting vote.
At any time before or during a hearing, a panel may commission, or require an appointer to commission, a report on any matter, including a report by an officer of a local authority, as the panel considers necessary.
A report does not need to repeat material included in submissions.
An appointer must—
make any report commissioned under this clause available for inspection as soon as practicable at its offices or on an Internet site to which the public has free access; and
give written notice to the persons who made submissions that a report has been commissioned and is available for inspection.
A panel may request, from the person making a report under this clause, any information and advice that the panel considers is relevant and reasonably necessary to enable the panel to make recommendations under clause 68(b).
A panel may, at any time during a hearing, direct that a conference of experts be convened for the purpose of—
clarifying a matter relating to the proposed policy statement or plan:
facilitating the resolution of a matter relating to a proposed policy statement or plan.
A member of the panel, or a person appointed for the purpose by the panel, must be appointed to act as the facilitator of the conference.
If directed by the panel to do so, the facilitator must prepare a report on the conference and provide it to the panel and persons attending the conference.
No information given or made available to the conference on a without prejudice basis may be included in a report given under subclause (3).
The appointer or his or her representatives may not attend a conference unless authorised to do so by the panel.
An appointer must provide a review panel with copies of—
the publicly notified proposed policy statement or plan that is the subject of a hearing before the panel; and
the report of the relevant collaborative group provided under clause 43; and
an evaluation report required by clause 47; and
the submissions that were received on the proposed policy statement or plan by the closing date for submissions; and
the report prepared by the relevant local authority under clause 50; and
any planning documents recognised by an iwi authority and lodged with the relevant local authority; and
any documentation relevant to obligations arising for the relevant local authority under any relevant iwi participation legislation or Mana Whakahono a Rohe; and
any comments provided to the relevant local authority under clause 50(2)(b) by an iwi authority or the relevant collaborative group; and
any other relevant information held by the local authority and requested by the panel.
Information may be provided under this clause electronically or on an Internet site to which the review panel has access.
An application to a Minister for a direction under section 80C to use the streamlined planning process must—
set out the following matters:
a description of the planning issue (including any requirement, designation, or heritage order) for which a planning instrument is required, with an explanation as to how the proposal meets any of the criteria set out in section 80C(2); and
an explanation of why use of the streamlined planning process is appropriate as an alternative to using the process under Part 1 of this schedule; and
a description of the process that the local authority wishes to use and the time frames that it proposes for the steps in that process, having regard to the relevant criteria under section 80C(2); and
the persons that the local authority considers are likely to be affected by the proposed planning instrument; and
a summary of any consultation undertaken on the proposed planning instrument by the local authority, or intended to be undertaken, including consultation with iwi authorities under clauses 1A to 3C; and
the implications of using the process that the local authority wishes to use for any relevant iwi participation legislation or Mana Whakahono a Rohe entered into under subpart 2 of Part 5 of this Act.
The requirements of this clause apply to a local authority’s request to use the streamlined planning process.
The responsible Minister must have regard to—
the local authority’s written request; and
whether the local authority has, in the Minister’s opinion, provided sufficient information in support of its request; and
any relevant obligations set out in any iwi participation legislation or Mana Whakahono a Rohe; and
any other matters that the Minister considers relevant; and
the purpose of the streamlined planning process, as stated in section 80B(1).
The responsible Minister may require the local authority to provide any further information in support of its request that he or she may reasonably specify in writing.
In relation to the streamlined planning process that he or she is proposing to implement by way of a direction under clause 77, the responsible Minister must consult—
the local authority; and
any other relevant Ministers of the Crown; and
any person who has requested a private plan change that is accepted under clause 25(2)(b); and
any requiring authority that has consented under section 170 to include a requirement.
The responsible Minister may consult any other person about the content of the streamlined planning process that the Minister is proposing.
The responsible Minister must ensure that the streamlined planning process to be implemented by a direction given under clause 77 is not inconsistent with obligations under any relevant iwi participation legislation or Mana Whakahono a Rohe.
The responsible Minister may decide a local authority’s application for a direction to enter the streamlined planning process by—
giving a direction under clause 77 that the local authority use the streamlined process set by the Minister in that direction; or
declining the local authority’s request.
The responsible Minister’s decision (and direction, if issued) must be—
given in writing with reasons; and
served by the Minister on the relevant local authority; and
served by the local authority,—
in the case of a notice of requirement, designation, or heritage order, on the relevant requiring authority or heritage protection authority; and
in the case of a private plan change, on the person who requested the change.
A direction applied for under section 80C is given under this clause.
In deciding the content of the direction, the responsible Minister must have regard to—
the purpose of the proposed streamlined planning process, the local authority’s request, and any supplementary information provided by the local authority; and
the views of persons and bodies consulted under clause 75(4) or (4A).
The direction—
must provide for the matters set out in subclause (4); and
must include the Minister’s statement of expectations for the local authority; and
may include any matters provided for in subclause (5).
The streamlined planning process set out in the direction must, at a minimum, provide for—
consultation with affected parties on the proposed planning instrument, including with the responsible Minister and iwi authorities (if not already undertaken); and
public notification of the proposed planning instrument in accordance with clause 5 (other than clause 5(3)), or limited notification under clause 5A (other than clause 5A(6)); and
an opportunity for written submissions under clause 6 or 6A; and
a report showing how submissions have been considered and the changes (if any) made to the proposed planning instrument; and
the preparation of an evaluation report on the proposed planning instrument under section 32 or 32AA, as may be relevant; and
decision makers to give particular regard to the report prepared under paragraph (e); and
the time period within which the streamlined planning process must be completed.
The responsible Minister may also include in the streamlined planning process any other procedural requirements and time frames not provided for under subclause (4)(g) that the Minister considers appropriate, including—
any reporting requirements; and
any relevant planning process requirements set out in this schedule or elsewhere in this Act.
If a direction includes a requirement for a hearing, the restrictions of section 39(2)(c) and (d) (which relates to questioning and cross-examination in a hearing) do not apply.
A direction under clause 77 is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
As soon as is reasonably practicable after a direction has been made in accordance with clause 77, the responsible Minister must notify it in the Gazette.
The relevant local authority must ensure that, as soon as is reasonably practicable after a direction has been notified in the Gazette, the public can access or download the direction free of charge at or from an Internet site maintained by the local authority or on its behalf.
The responsible Minister may initiate an amendment of a direction.
A local authority may request in writing that the responsible Minister amend a direction that applies to that local authority, setting out the reasons for the request.
The responsible Minister may amend his or her direction as the Minister thinks appropriate.
Unless an amendment made under this clause has no more than a minor effect or is made to correct a technical error, clauses 75(2) to (5), 76(2), 77(3), and 79 apply.
A local authority may apply in writing to request that the responsible Minister approve an extension to any time frames that apply to the local authority under the Minister’s direction.
The Minister must consider and determine the application.
If a time limit is set in a direction,—
section 37 does not apply to permit a time period set in a direction to be extended; but
section 37 applies to permit a local authority to waive a failure of a person to comply with the time or method of serving a document, but not to waive a failure of the local authority to comply with the direction.
A local authority—
must comply with the terms of a direction given under clause 77 (other than in respect of the Minister’s statement of expectations included in the direction); but
must have regard to that statement.
The direction applies as from time to time amended in accordance with clause 80 and subject to any extension of time allowed under clause 81.
A local authority that is subject to a direction under clause 77 must submit to the responsible Minister, within the time required by the direction,—
the proposed planning instrument, including any recommendations it contains in respect of requirements, designations, or heritage orders; and
a summary report of the written submissions; and
a report showing how submissions have been considered and any modifications made to the proposed planning instrument in light of the submissions; and
the evaluation reports required by sections 32 and 32AA; and
a summary document showing how the local authority has had regard to the statement of expectations; and
a summary document showing how the proposed planning instrument complies with the requirements of—
any relevant national direction; and
this Act or regulations made under it; and
any other information and documentation that is specified in the direction.
However, the territorial authority must consult the relevant requiring authority or heritage protection authority on the recommendations before it submits to the Minister information required by subclause (1)(a) that relates to a requirement, designation, or heritage order.
The local authority may provide any further information in addition to the requirements of subclause (1).
The responsible Minister may—
refer the proposed planning instrument submitted under clause 83(1)(a) back to the local authority—
with his or her approval; or
for further consideration, with or without specific recommendations for changes to the proposed planning instrument; or
decline to approve the proposed planning instrument.
In deciding which action to take under subclause (1), the responsible Minister must have regard to—
whether the local authority has complied with the procedural requirements, including time frames, required by the direction; and
whether, and if so, how the local authority—
has had regard to the statement of expectations; and
has met the requirements of this Act, regulations made under it, and any relevant national direction.
In making his or her decision on a proposed planning instrument, the responsible Minister may have regard to—
the purpose of the streamlined planning process; and
any other matter relevant to the Minister’s decision.
The responsible Minister’s decision on a proposed planning instrument must be in writing with reasons and be served on the local authority.
This clause applies if the responsible Minister approves or declines, under clause 84(1)(a)(i) or (b), a local authority’s proposed planning instrument that includes a requirement, designation, or heritage order.
If the responsible Minister approves the proposed planning instrument under clause 84(1)(a)(i), any recommendation of the territorial authority included in the instrument on a requirement, designation, or heritage order becomes an approved recommendation.
If the responsible Minister declines to approve the proposed planning instrument under clause 84(1)(b), any recommendation of the territorial authority approved by the Minister on a requirement, designation, or heritage order, must be treated,—
in the case of a requirement, as a recommendation to withdraw the requirement:
in the case of an existing designation or heritage order, as a recommendation to confirm the designation or heritage order without change.
The local authority must serve the approved recommendations on the relevant requiring authority or heritage protection authority, and clauses 9, 11(2) and (3), and 13 apply, as the case requires,
See clause 91 for notification requirements.
This clause applies if the responsible Minister refers a local authority’s proposed planning instrument back to the local authority for further consideration under clause 84(1)(a)(ii), with or without any recommended changes.
The responsible Minister may extend any time frame in the relevant direction as may be required for the purposes of this clause to ensure that the local authority can comply with the direction.
reconsider the proposed planning instrument in light of the responsible Minister’s stated reasons and any recommended changes; and
make any changes that the local authority considers appropriate; and
consult the requiring authority or heritage protection authority if the local authority has reconsidered a recommendation relating to the inclusion of a requirement, designation, or heritage order in the proposed planning instrument; and
resubmit the revised proposed planning instrument to the responsible Minister.
The responsible Minister may reconsider the local authority’s revised proposed planning instrument and approve it once he or she is satisfied that it meets the requirements for approval in clause 84.
If the responsible Minister declines to approve a local authority’s proposed planning instrument under clause 84(1)(b), the local authority must notify the Minister’s decision under clause 91, giving the Minister’s reasons for the decision.
The local authority must not proceed further with the proposed planning instrument under this subpart.
However, this clause does not apply to recommendations on any provisions of the instrument that relate to a requirement, designation, or heritage order (see clause 85).
If a local authority that is subject to a direction under clause 77 has initiated the preparation of a policy statement or plan, the local authority may withdraw the proposed planning instrument set out in the direction at any time before the responsible Minister’s decision is made under clause 84.
A person who has requested a private plan change may withdraw the request at any time before the Minister makes a decision under clause 84.
The local authority must give public notice of a withdrawal under subclause (1) or (1A), including the reasons for the withdrawal.
The direction given under clause 77 ceases to have effect and is revoked when the withdrawal under subclause (1) or (1A) is publicly notified.
If the responsible Minister wishes to revoke, in whole or in part, a direction given under clause 77, the Minister—
must consult the relevant local authority about the proposal to revoke the direction; and
must give public notice, with adequate time and opportunity for the public to comment on the proposal; and
must give notice of the revocation in the Gazette; but
may otherwise make the revocation without further consultation.
If a direction is revoked, the proposed planning instrument is withdrawn.
The relevant local authority must give public notice if the proposed planning instrument is withdrawn.
This clause applies when the responsible Minister has made a decision on a proposed planning instrument under clause 84(1)(a)(i) or (b).
The local authority concerned must give public notice of the responsible Minister’s decision on the proposed planning instrument as follows:
if the Minister approves the instrument,—
the Minister’s decision must be publicly notified; and
the planning instrument becomes operative in accordance with clause 20 and the provisions of that clause apply:
if the Minister does not approve the proposed planning instrument, the Minister must—
give public notice of the decision; and
state in that notice that the proposed planning instrument has no further effect.
Not later than 5 working days after the Minister’s decision is publicly notified, the local authority must serve the public notice on—
all submitters; and