Resource Management Amendment Bill

  • enacted

Hon David Parker

Resource Management Amendment Bill

Government Bill

180—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Amendments to Resource Management Act 1991
3Amendments to Resource Management Act 1991
4Section 2 amended (Interpretation)
5Section 4 amended (Act to bind the Crown)
6Section 11 amended (Restrictions on subdivision of land)
7Section 29 amended (Delegation of functions by Ministers)
8Section 38 amended (Authorisation and responsibilities of enforcement officers)
9Section 42C amended (Functions of EPA)
10Section 44 amended (Restriction on power to make national environmental standards)
11Section 46A amended (Single process for preparing national directions)
12Section 48 amended (Public notification of proposal for national direction and inquiry)
12ASection 51 amended (Matters to be considered and board of inquiry’s report)
12BSection 58R amended (Contents of Mana Whakahono a Rohe)
12CSection 61 amended (Matters to be considered by regional council (policy statements))
12DSection 66 amended (Matters to be considered by regional council (plans))
12ESection 70A repealed (Application to climate change of rules relating to discharge of greenhouse gases)
12FSection 70B repealed (Implementation of national environmental standards)
12GSection 74 amended (Matters to be considered by territorial authority)
13Subpart 4 of Part 5 replaced
Subpart 4—Freshwater planning process
80AFreshwater planning process
14Section 80C amended (Application to responsible Minister for direction)
15Section 87AAC amended (Meaning of fast-track application)
16Section 88 amended (Making an application)
17Section 88B amended (Time limits from which time periods are excluded in relation to applications)
18Section 88E amended (Excluded time periods relating to other matters)
19New sections 88G and 88H inserted
88GExclusion of period when processing of non-notified application suspended
88HExcluded time periods relating to non-payment of administrative charges
20Section 91A amended (Applicant may have processing of application suspended)
21Section 91B amended (When suspension of processing cease)
22Section 91C amended (Application may be returned if suspended after certain period)
23New sections 91D to 91F inserted
91DApplicant may have processing of non-notified application suspended
91EWhen suspension of processing of non-notified application ceases
91FNon-notified application may be returned after certain period
24Section 95A amended (Public notification of consent applications)
25Section 95B amended (Limited notification of consent applications)
25ASection 104E repealed (Applications relating to discharge of greenhouse gases)
25BSection 104F repealed (Implementation of national environmental standards)
26Section 120 amended (Right to appeal)
27Section 128 amended (Circumstances when consent conditions can be reviewed)
28Section 129 amended (Notice of review)
28ASection 140 amended (Outline of this Part)
28BSection 141 amended (Interpretation)
28CSection 142 amended (Minister may call in matter that is or is part of proposal of national significance)
28DSection 143 amended (Restriction on when local authority may request call in)
28ESection 149C amended (EPA must give public notice of Minister’s direction)
28FSection 149E amended (EPA to receive submissions on matter if public notice of direction has been given)
28GSection 149F amended (EPA to receive further submissions if matter is request, change, or variation)
28HSection 149H amended (Local authority may not notify further change or variation in certain circumstances)
28ISection 149I amended (Limitation on withdrawal of change or variation)
28JSection 149M amended (Process if matter is request for regional plan or change and particular circumstances apply
28KSection 149N amended (Process if section 149M applies or proposed plan or change not yet prepared)
29Section 149P amended (Consideration of matter by board)
30Section 149U amended (Consideration of matter by Environment Court)
30ASection 149W amended (Local authority to implement decision of board or court about proposed regional plan or change or variation)
31Section 170 amended (Discretion to include requirement in proposed plan)
32Section 171 amended (Recommendation by territorial authority)
33Section 174 amended (Appeals)
33ASection 187 amended (Meaning of heritage order and heritage protection authority)
34Section 198E amended (Environment Court decides)
35Section 198K amended (Environment Court decides)
35ASection 202 amended (Minister’s obligations upon receipt of application)
36Section 248 amended (Membership of Environment Court)
37Section 249 amended (Eligibility for appointment as an Environment Judge or alternate Environment Judge)
38Section 250 amended (Appointment of Environment Judges and alternate Environment Judges)
39Section 250A amended (Judge not to undertake other employment or hold other office)
40Section 250B amended (Protocol relating to activities of Judges)
41Section 251 amended (Principal Environment Judge)
42Section 251A amended (Appointment of acting Principal Environment Judge)
43Section 252 amended (When an alternate Environment Judge may act)
43ASection 254 amended (Appointment of Environment Commissioner or Deputy Environment Commissioner)
44Section 255 amended (When a Deputy Environment Commissioner may act)
45Section 259 amended (Special advisors)
46Section 261 amended (Protection from legal proceedings)
47Section 265 amended (Environment Court sittings)
48Section 279 amended (Powers of Environment Judge sitting alone)
49Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)
50Section 281 amended (Waivers and directions)
51Section 288A amended (Information regarding reserved judgments)
52Section 288B amended (Recusal guidelines)
53Section 311 amended (Application for declaration)
54Section 316 amended (Application for enforcement order)
55Section 324 amended (Form and content of abatement notice)
56Section 325 amended (Appeals)
57Section 325A amended (Cancellation of abatement notice)
58Section 325B amended (Restrictions on certain applications for enforcement orders and abatement notices)
59Section 330B amended (Emergency works under Civil Defence Emergency Management Act 2002)
60Section 332 amended (Power of entry for inspection)
61Section 336 amended (Return of property seized under sections 323 and 328)
62Section 338 amended (Offences against this Act)
63Section 339C amended (Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent)
64Section 342 amended (Fines to be paid to local authority instituting prosecution)
65Section 343D amended (Entitlement to infringement fees)
66New Part 12A inserted
Part 12A
Enforcement functions of EPA
343ETerms used in this Part
343FEnforcement functions of EPA
343GIntervention by EPA
343HEPA may change enforcement functions
343IEPA enforcement officers
343JEPA may require information from local authority
343KAdditional reporting requirements
343LOrder for payment of EPA’s costs in bringing a prosecution
67Section 353 amended (Notices and consents in relation to Maori land)
68Section 355B amended (Enforcement powers against unlawful reclamations)
69Section 357 amended (Right of objection against certain decisions)
69ASection 358 amended (Appeals against certain decisions or objections)
70Section 360 amended (Regulations)
71Sections 360D, 360E, 360G, and 360H repealed
72Schedule 1 amended
73Schedule 12 amended
Part 2
Amendments to other enactments
Subpart 1—Amendments to Resource Legislation Amendment Act 2017
74Amendments to Resource Legislation Amendment Act 2017
75Section 2 amended (Commencement)
76Subpart 3 of Part 1 repealed
77Schedules 4 and 5 repealed
Subpart 2—Consequential amendments to other enactments
78Consequential amendments to other enactments
Schedule
Consequential amendments
Legislative history

The Parliament of New Zealand enacts as follows: