Natural and Built Environment Bill

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Hon David Parker

Natural and Built Environment Bill

Government Bill

186—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Purpose and preliminary matters
	Subpart 1—Purpose and related matters
3	Purpose of this Act
4	Tiriti o Waitangi
5	System outcomes
6	Decision-making principles
	Subpart 2—Other preliminary matters
	Definitions
7	Interpretation
8	Meaning of public notice
	Miscellaneous
9	Application of Act to ships and aircraft of foreign States
10	General transitional, savings, and related provisions
11	Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
12	Act binds the Crown
	Part 2 Duties and restrictions
	Subpart 1—Duties applying to all persons when carrying out activities under this Act
13	Environmental responsibility
14	Duty to avoid, minimise, remedy, offset, or provide redress for adverse effects
15	Duty to avoid unreasonable noise
16	Other legal requirements not affected
	Subpart 2—Restrictions relating to land, coastal marine area, river and lake beds, water, and discharges
	Land
17	Restrictions relating to land
	Subdivision of land
18	Restrictions relating to subdivision of land
	Coastal marine area
19	Restrictions on use of coastal marine area
	River and lake beds
20	Restrictions relating to use of beds of lakes and rivers
	Water
21	Restrictions relating to water
	Discharges
22	Restrictions on discharging contaminants
23	Restrictions on dumping and incinerating in coastal marine area
24	Restrictions on discharging harmful substances in coastal marine area
25	Prohibitions relating to radioactive waste etc in coastal marine area
	Subpart 3—Existing uses that are protected
26	Certain existing uses protected in relation to land
27	When existing use rights may be lost
28	Certain existing activities on surface of water allowed
29	Certain existing building works allowed
30	Certain existing lawful activities allowed
	Part 3 National planning framework
31	Interpretation
	Subpart 1—Requirement for national planning framework
32	National planning framework
33	Purpose of national planning framework
34	National planning framework to be made as regulations
35	Te Ture Whaimana
36	Resource allocation principles
	Subpart 2—Environmental limits and targets
	Environmental limits
37	Purpose of setting environmental limits
38	Environmental limits
39	How environmental limits are to be set
40	Form of environmental limits
	Interim limits
41	Interim limits for ecological integrity
42	Interim limits for human health
43	Setting interim limits
	Exemptions
44	Exemptions from environmental limits may be directed
45	Essential features of exemption
46	When exemptions not to be directed
	Targets
47	Purpose of setting targets
48	Form of targets
49	Mandatory targets associated with limits
50	Minimum level targets
51	Discretionary targets
52	Matters to be considered when deciding to set limits or targets
53	Monitoring of limits and targets and responses
	Management units
54	Management units
55	Matters relevant to setting management units
	Subpart 3—Other required content
56	National planning framework must include strategic direction and provide for monitoring
57	National planning framework must provide direction on system outcomes
58	National planning framework must provide direction on certain matters
	Subpart 4—Matters that may be provided for
59	National planning framework may direct how certain provisions must be given effect
60	Contents of national planning framework
	Subpart 5—Effects management framework
61	Effects management framework
62	When effects management framework applies
63	Requirements when effects management framework applies
64	Scope of possible exemptions
65	Assessment of alternatives
66	Limits to exemptions
67	Considerations that apply to grant of exemptions
	Subpart 6—Giving effect to national planning framework
68	Giving effect to the national planning framework in plans
69	Giving effect to the national planning framework in regional spatial strategies
70	When regional planning committees directed to choose provisions from framework
71	Regional planning committee must amend plan if plan rule duplicates or conflicts with framework rule
72	Regional planning committee may amend plan to refer to provision in framework
73	Regional planning committee or local authority must take action directed by framework
74	Responsibility for enforcement of framework rules
	Subpart 7—Consents and permits
75	Direction to review consents and permits
76	Direction relating to conditions of resource consents
77	Notification requirements for resource consent applications
78	Consequences if framework rule states an activity is permitted
79	Activity with significant adverse effects on environment must not be permitted activity
	Subpart 8—Other matters that national planning framework may provide for
80	Standards, methods, and requirements
81	Specific matters that national planning framework may prescribe
82	National planning framework may provide for transitional provisions
83	Monitoring and reporting by regional planning committees and local authorities
84	National planning framework may include provision about other matters
85	Incorporation by reference
	Subpart 9—Directions on approaches and methods
	Adaptive management approach
86	Adaptive management approach
	Allocation method
87	Directions on allocation method
88	Use of market-based allocation method to determine right to apply for resource consent for certain activities
	Subpart 10—How framework rule relates to other instruments
89	Framework rule prevails unless exceptions apply
90	Relationship between framework rule and water conservation orders
91	Relationship between framework rules and bylaws
92	Relationship between framework rules and designations
	Subpart 11—Preparation, change, and review of national planning framework
93	Preparation, change, review, and publication of national planning framework
94	Responsible minister
	Part 4 Natural and built environment plans
	Subpart 1—Preliminary matters
	Purpose and scope of plans
95	Natural and built environment plans
96	Purpose of plans
97	Scope of plans
98	How plans are prepared, notified, and made
99	General considerations relevant to regional planning committee decisions
100	Regional planning committees to be appointed
101	Schedules 7 and 8 apply
	Subpart 2—Contents of plans
102	What plans must include
103	General: matters within the responsibility of regional councils and territorial authorities
104	Plans must be consistent with regional spatial strategies
105	What plans may include
106	Te Oranga o te Taiao statement
107	Considerations relevant to preparing and changing plans
108	Matters that must be disregarded when preparing or changing plans
	Consistency with regional spatial strategies
109	Plans must be consistent with regional spatial strategies
110	Adaptive management approach in plan
	Statutory acknowledgements
111	Statutory acknowledgements to be attached to plans
	Environmental contributions
112	Specific requirements relating to environmental contributions
	Aquaculture activities
113	Plan must require all permitted aquaculture activities to be registered with consent authority
114	What is required if aquaculture activity described as permitted
115	Aquaculture zones
	Protection of customary marine title areas
116	Amendments to plan that affect customary marine title area
	Subpart 3—Rules in plans
117	Purpose and effect of rules
118	Rules about discharges
119	Activities affecting relationship of customary marine title group with their customary marine title area
120	Imposition of coastal occupation charges
121	Rules relating to aquaculture zones
122	Rules relating to contaminated land
123	Rules relating to esplanade reserves
	Limitations applying to certain rules
124	Limitations applying to making of rules relating to water and coastal marine area
125	Limitations applying to making rules relating to tree protection
	Allocation methods
126	Rules relating to allocation methods for certain resources
127	Rules may specify applications to be dealt with under process for affected application consenting process
128	How plan may require or permit use of market-based allocation method
129	Rule may allow receipt of certain applications outside required time frame
	Legal effect of rules
130	When rules have legal effect
131	Rules that have early or delayed legal effect
132	When rule has legal effect if resolution to delay rescinded
133	Environment Court may provide for legal effect of rule
134	Rules with early or delayed legal effect must be identified
	Operative effect of rules
135	When rules to be treated as operative
136	Rule does not include rule not operative or having legal effect
	Subpart 4—Miscellaneous matters relevant to the making and implementation of plans
	Protected customary rights
137	Rules adversely affecting protected customary rights holders
138	Rules relating to wāhi tapu conditions
	Controls over land
139	Land subject to controls
140	Jurisdiction of Environment Court over land subject to controls
141	Court’s determination
142	Power to acquire land
143	Boundary adjustments
	Obligations on local authorities
144	Plan or proposed plan must be updated to reflect changes to aquaculture settlement area
145	Presumption of validity
146	Duty of local authorities to observe own plans
	Subpart 5—Trade competition
	Trade competition not relevant consideration under this Act
147	Interpretation
148	Restrictions on making submissions
149	Restrictions on representation at appeals
150	Restrictions on representation
151	Further prohibitions
	Part 5 Resource consenting and proposals of national significance
	Subpart 1—Preliminary provisions
152	Types of resource consents
153	How activities are categorised
154	How to decide which activity category applies
155	Consideration to be given to statutory acknowledgements
156	Activities may be permitted with or without requirements
157	Consent authority may permit activity by waiving compliance with certain requirements, conditions, or permissions
158	Discretionary activities or prohibited activities
159	Description of type of activity to remain the same
	Subpart 2—Right to apply for resource consent relating to certain resources
160	When this subpart applies
161	Right to apply may be transferred
162	Right to apply lapses in certain circumstances
	Subpart 3—Application for resource consent
163	Prior consultation not needed
164	Recovery of costs incurred in consultation and engagement
	Direct referral to Environment Court
165	Sections 166 to 172 apply to resource consent applications
166	Request for application to go directly to Environment Court
167	Consent authority to return request in certain circumstances
168	Consent authority’s decision on request
169	Consent authority’s subsequent processing
170	Environment Court determines application
171	Residual powers of consent authority
172	When consent authority must determine application
	Applying for resource consent
173	How to apply for resource consent
174	Incomplete applications
	Deferral of application
175	Deferral pending application for additional consents
	Processing of application may be suspended
176	Applicant may have processing of notified application suspended
177	When suspension of processing of notified application ceases
178	Notified application may be returned if suspended after certain period
179	Applicant may have processing of non-notified application suspended
180	When suspension of processing of non-notified application ceases
181	Non-notified application may be returned after certain period
182	Withdrawal of application for resource consent
	Consent authority may require further information
183	Further information, or agreement, may be requested
184	Consideration of certain matters required before information requested
185	Responses to request
186	Responses to notification
	Exclusion of various time periods
187	Processing time frames
188	What can be excluded from consideration of time periods
189	Excluded time periods relating to provision of further information
190	Excluded time periods relating to direct referral
191	Excluded time periods relating to other matters
192	Excluded time periods relating to pre-request aquaculture agreements
193	Exclusion of period when processing of non-notified application suspended
194	Excluded time periods relating to non-payment of administrative charges
195	Excluded time periods under Urban Development Act 2020
196	Applications to territorial authorities for resource consents where land is in coastal marine area
197	Applications affecting navigation to be referred to Maritime New Zealand
	Subpart 4—Notification of applications for resource consent
	Purpose of notification
198	Purpose of notification
	Notification requirements
199	Consent authority must comply with notification requirements or determine notification status
200	National planning framework or plans may set or provide for consent authority to determine notification requirements
201	Determination of whether person is affected person or person from whom approval required
202	Determination of affected protected customary rights group and affected customary marine title group
203	Public notification not required for controlled activity
204	Public notification for discretionary activity
205	When to require public notification
206	When to require limited notification
207	Prohibiting public or limited notification
208	Provision of relevant information to post-settlement governance entity
	Submissions on applications
209	Who may make submissions
210	Form and service of submissions
211	Time limit for submissions
212	Applicant to be advised of submissions
213	Preliminary meetings
	Subpart 5—Hearings and decisions
	Hearings
214	Mediation
215	Hearing of applications
216	Hearing date and notice
217	Hearing by commissioner if requested by applicant or submitter
218	Joint hearings by 2 or more consent authorities of applications that relate to same proposal
219	Combined hearings of applications that relate to same proposal
220	Time limit for completion of hearing of notified application
221	Requirement to provide report and other evidence
222	Technical review of draft conditions of consent
	Decisions
223	Consideration of resource consent application
224	Determination of applications for discretionary activity
225	Determination of applications for controlled activities
226	Consideration of activities affecting drinking water supply source water
227	Matters relevant to certain applications
228	Consent authority may refuse subdivision consent in certain circumstances
229	Granting of certain discharge or coastal permits restricted
230	Applications to undertake aquaculture activities
	Conditions of resource consents
231	General requirements before conditions may be included
232	Particular conditions that may be included in resource consent
233	Adaptive management approach
234	Bonds
235	Special provisions in respect of bonds or covenants
236	Refund of money and return of land where activity does not proceed
237	Use of environmental contributions
238	Refund of environmental contributions
239	Limits to setting environmental contributions
240	Condition of certain consents to pay rent, royalties, etc.
	Formal requirements about decisions
241	Decisions on applications to be in writing, etc
242	Time limits for notification of decision
243	Notification of decision
	Resolution of certain disputes before application for resource consent determined
244	Purpose and overview of regional ADR
245	Use of regional ADR
246	Matter that must be considered by planning committee
247	Where plan requires party to use regional ADR to resolve dispute
248	Party who wishes to use regional ADR must give notice
249	How voluntary regional ADR process is confirmed
250	How plan directed regional ADR process is confirmed
251	Adjudication of dispute and effect of adjudicator’s decision
252	Appeal against decision in plan-directed ADR
	Appeals
253	Right to appeal
254	Procedure for appeal
	Subpart 6—Nature of consents, review, and transfer
	Nature of resource consent
255	Consents not real or personal property
256	Resource consents for water related activities does not convey property right in water
257	Coastal permits
	Commencement of resource consents
258	When a resource consent commences: generally
259	When a resource consent commences: non-notified application
260	When resource consent commences: if objection made
261	When resource consent commences: section 261(2) cases
262	When resource consent commences: consent granted by Environment Court or board of inquiry
263	When resource consent commences: common marine and coastal area
264	When coastal permit for certain aquaculture activities may commence
265	When resource consent commences if subject to grant of application to exchange recreation reserve land
	Duration
266	Duration of consent
267	Duration of consent for aquaculture activities
268	Exercise of resource consent while applying for new consent
269	When sections 270 and 271 apply and when they do not apply
270	Applications by existing holders of resource consents
271	Applications by persons who are not existing holders of resource consents
272	Lapsing of consents
273	Cancellation of consent
274	Change or cancellation of consent condition on application by consent holder
275	Duration of certain resource consent activities
276	When section 275 does not affect duration of resource consent
	Review of consent conditions by consent authority
277	Circumstances when consent conditions can be reviewed
278	Notice of review
279	Public notification, submissions, and hearing, etc
280	Matters to be considered in review
281	Decisions on review of consent conditions
282	Consent authority to report on review of consent conditions
283	Powers under Part 11 not affected
284	Minor corrections of resource consents
	Transfer of consents
285	Land use and subdivision consents attach to land
286	Transferability of coastal permits
287	Transferability of water permits
288	Transferability of discharge permits
289	Consent authority may prevent transfer under sections 286 to 288
290	Consent authority may order review of consent conditions
291	Surrender of consent
292	Activities allowed under consents
293	Special provisions relating to coastal permits for dumping and incineration
	Certificates of compliance
294	Application for certificate of compliance
295	Consent authorities to issue COC
296	When consent authority must not issue COC
297	Status of COC
298	EPA to issue COC for certain activities
	Certificates of existing use
299	Application for certificate of existing use
300	Consent authorities to issue EUC
301	Status of certificate of EUC
	Permitted activity notices
302	Permitted activity notices
303	Duration of PANs
	Subpart 7—Affected application consenting process
304	Defined terms
305	Consent authority must deal with affected consent applications under this subpart if required by rule
306	Consent authority must determine and publicly notify required time period
307	Part 5 applies to affected application subject to this subpart
308	2 or more affected applications must be dealt with at same time
309	Consent authority must provide certain information to affected applicants
310	When processing time frame for affected applications commence
311	Suspension of processing
312	Consent authority may request Environment Court to determine affected applications
313	Affected applicant must not make certain requests unless all other affected applicants agree
314	Decision maker must consider merits of affected applications and apply criteria
	Subpart 8—Specified housing and infrastructure fast-track consenting process
315	Alternative consenting process for specified housing and infrastructure
316	Activities eligible for specified housing and infrastructure fast-track consenting process
317	Ineligible activities
318	Application to use specified housing and infrastructure fast-track consenting process
319	If accepted, application must be notified or consulted on
320	Submissions on application to use specified housing and infrastructure fast-track consenting process
321	Expert consenting panel must decide whether hearing is appropriate
322	Procedure if hearing held
323	Limited suspension
324	Consideration of application by panel
325	Decisions may be issued in stages
326	Final decision on application
327	Appeal rights
	Subpart 9—Proposal of national significance
328	Interpretation
	Matter lodged with local authority
329	Minister may call in matter that is or is part of proposal of national significance
330	Requirements about direction under section 329
331	Restriction on when regional planning committees may request call in
332	Restriction on when Minister may call in matter
333	EPA to advise and make recommendations to Minister in relation to call-in
	Matter lodged with EPA
334	Matter lodged with EPA
335	Application of other provisions
336	EPA to recommend course of action to Minister
337	Minister makes direction after EPA recommendation
	General provisions for matter lodged with local authority or EPA
338	Proposals relating to coastal marine area
339	EPA may request further information or commission report
	How matter processed if direction made to refer matter to board of inquiry or court
340	EPA must serve Minister’s direction on local authority or regional planning committee, and applicant
341	Local authority’s or regional planning committee’s obligations if matter called in
342	EPA must give public notice of Minister’s direction
343	Minister may instruct EPA to delay giving public notice pending application for additional consents
344	EPA to receive submissions on matter if public notice of direction has been given
345	EPA to receive further submissions if matter is proposed plan change or variation
346	EPA must provide board or court with necessary information
347	Regional planning committee may not notify further change or variation in certain circumstances
348	Limitation on withdrawal of change or variation
	Subpart 10—How matter decided if direction made to refer matter to board of inquiry or court
	Matter decided by board of inquiry
349	Minister to appoint board of inquiry
350	How members appointed
351	EPA may make administrative decisions
352	Conduct of inquiry
353	Process if matter is before board of inquiry is plan change or variation
354	Consideration of matter by board
355	Board to produce report
356	Minor corrections of board decisions, etc
357	Minister may extend time by which board must report
	Matter decided by Environment Court
358	Matter referred to Environment Court
359	Consideration of matter by Environment Court
	Appeals
360	Appeal from decisions only on question of law
	Subpart 11—Miscellaneous provisions
	Process after decision of board of inquiry or court on certain matters
361	Regional planning committee to implement decision of board or court about proposed plan change or variation
362	Residual powers of local authority
	Minister makes direction to refer matter to local authority
363	EPA must refer matter to local authority and regional planning committee if direction made by Minister
364	Local authority or regional planning committee must process referred matter
	Minister’s powers to intervene in matter
365	Minister’s powers to intervene in matter
	Process if related matter already subject to direction to refer to board of inquiry or court
366	How EPA must deal with certain applications and notices of requirement
367	Minister to decide whether application or notice of requirement to be notified
368	Application of sections 369 to 373
369	Public notification of application or notice at Minister’s discretion
370	Limited notification of application or notice
371	Public notification of application or notice after request for further information
372	Minister to decide if adverse effects likely to be more than minor
373	Minister to decide if person is affected person
	Costs of processes under this Part
374	Costs of processes under this Part recoverable from applicant
375	Remuneration, allowances, and expenses of boards of inquiry
376	Liability to pay costs constitutes debt due to EPA or the Crown
377	Process may be suspended if costs outstanding
	Part 6 Water and contaminated land management
	Subpart 1—Water conservation orders
	Purpose and meaning
378	Purpose of water conservation orders
379	Meaning of water conservation order
380	How to apply for water conservation order
	Appointment of, and process to be followed by, special tribunal
381	Appointment of special tribunal
382	Administrative matters relating to special tribunal
383	Public notification of application
384	Submissions to special tribunal
385	Hearing by special tribunal
386	Matters that must be considered by special tribunal
387	Special tribunal to report on application
	Environment Court
388	Right to make submissions to Environment Court
389	Requirement to hold inquiry
390	Who may be heard at inquiry
391	Matters that must be considered by Environment Court
392	Report of Environment Court
	Making, and revoking or amending, water conservation order
393	Making of water conservation order
394	Reasons for not accepting recommendation
395	Revocation or amendment of water conservation order
396	Legal effect of water conservation order
397	Relationship between plans and water conservation order
	Amendments to plan if water conservation order granted
398	Plan to be amended if water conservation order granted
	Subpart 2—Freshwater farm plans
399	Purpose
400	Interpretation
401	Application of this subpart
402	Farm must have certified freshwater farm plan if it meets land use threshold
403	Main duties of farm operators
404	Contents of freshwater farm plan
405	Certification of freshwater farm plan
406	Audit of farm for compliance with certified freshwater farm plan
407	Functions of regional councils
408	Records that must be kept by regional council
409	Regional council must appoint certifiers and auditors
410	Relationship between certified freshwater farm plan and specified instruments
411	Regulations relating to freshwater farm plans
	Subpart 3—Effect of certain nutrients on quality and ecosystems on freshwater
412	Purpose
413	Meaning of nitrogenous fertiliser
414	Obligation to comply with regulations
415	Regulations
	Subpart 4—Contaminated land
416	Purpose
417	Polluter pays principle
	Landowner’s obligations
418	Landowner’s obligations when land used for activity or industry listed in HAIL
419	Landowner obligations when land is contaminated
	Regional council obligations
420	Obligations of regional council
	Territorial authority duties
421	Territorial authority must consider effects of proposed development, etc, on contaminated land
	Significantly contaminated land
422	Classification of significantly contaminated land
	EPA
423	EPA’s role in relation to contaminated land sites of national significance
	Costs of pollution
424	Identifying the polluter
425	EPA must consult local authority before taking action
426	Actual and reasonable costs may be recovered from polluter
427	EPA may recover costs from local authority
	Part 7 Coastal matters
428	Allocation framework does not apply to matters under this Part
	Subpart 1—Occupation of common marine and coastal area
	Preliminary provisions
429	Interpretation and relationship of subpart with rest of Act
	Managing occupation in common marine and coastal area
430	Power of consent authorities to refuse to receive applications for coastal permits
431	Applications in relation to aquaculture settlement areas
	Provisions in plan relating to occupation of common marine and coastal area
432	Provisions about occupation of common marine and coastal area
433	Plan may specify allocation methods
434	Matters to be considered before including allocation rule in plan or proposed plan
435	Offer of authorisations for activities in common marine and coastal area in accordance with plan
436	Offer of authorisations
437	When applications not to be made unless applicant holds authorisation in accordance with plan
438	Power to give directions relating to allocation of authorisations for space provided for in plan
	Ministerial approval of use of method of allocating authorisations
439	Regional council or regional planning committee may request use of allocation method
440	Stay on applications following request under section 439
441	Minister may approve use of allocation method
442	Period of approval to use public tender or other method to allocate authorisations
443	Regional council must offer authorisations if Minister approves
444	During period of approval, no person may apply unless they hold authorisation
	Authorisations
445	Authorisation does not confer right to coastal permit
446	Authorisation may be transferred
447	Authorisation lapses in certain circumstances
448	Public notice of offer of authorisations
449	Requirements for offers for authorisations
450	Preferential rights of iwi
451	Acceptance of offer for authorisations
452	Grant of authorisation
453	Tender money
454	Use of tender money
	Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area
455	Regional council or planning committee may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
456	Minister responsible for aquaculture may suspend receipt of application
457	Effect on applications of request under section 455
458	Suspensions at initiative of Minister
459	Minister may suspend applications to occupy the common marine and coastal area for purposes of aquaculture activities
460	Subsequent requests for direction in relation to suspension of receipt of applications
	Processing and hearing together of applications for coastal permits for aquaculture activities in common marine and coastal area
461	Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
462	Minister may decide at own initiative to give direction
463	Direction to process and hear applications together
464	Content of direction
465	Regional council must comply with direction
	Processing and hearing together of applications for coastal permits
466	Application of sections 467 to 472
467	Interpretation
468	Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 166 to 172
469	Processing of affected applications
470	Hearing of affected applications
471	Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 329
472	Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
	Subpart 2—Order in which applications by existing consent holders are to be processed
473	Application
474	Processing applications for existing permit holders
475	Applications for space already used for aquaculture activities
476	Additional criteria for considering applications for permits for space already used for aquaculture activities
	Subpart 3—Aquaculture zones
477	Request for aquaculture zone decision
478	Aquaculture zones subject to quota management system
479	Coastal permits for aquaculture activities in aquaculture zone
480	Extension of aquaculture zone decision
	Subpart 4—Coastal tendering
481	Application
482	Interpretation
483	Order in Council may require holding of authorisation
484	Application of Order in Council
485	Publication, etc, of Order in Council
486	Particulars of Order in Council to be endorsed on plan
487	Effect of Order in Council
488	Calling of public tenders for authorisations
489	Requirements of tender
490	Acceptance of tender, etc
491	Notice of acceptance of tender
492	Grant of authorisation
493	Authorisation does not confer right to coastal permit, etc
494	Authorisation may be transferred
495	Authorisation to lapse in certain circumstances
496	Tender money
	Part 8 Matters relevant to natural and built environment plans
	Subpart 1—Designations
	Preliminary provisions
497	Interpretation
498	Recognition of protected Māori land as taonga tuku iho
	Who can exercise designations powers
499	Application to become requiring authority
500	Criteria for approval as requiring authority
501	Public notice of approval as requiring authority
502	Revocation of approval as requiring authority
	Designation instruments
503	Notice of requirement for designation
504	Primary and secondary CIPs
505	Process for confirming designation
	Process for designations
506	How to give notice of requirement
507	Notification of notices of requirement and CIPs
508	Secondary CIP notification, changes, and information requests
509	Further information, submissions, and hearing for notice of requirement
510	Application of resource consent hearing provisions
	Further provisions relating to designations
511	Discretion to include requirement in proposed plan
512	Recommendation by regional planning committee
513	Decision of requiring authority
514	Notification of decision on designation
515	Designation to be provided for in plan
516	Effect of designation
517	Land subject to existing designation
518	Interim effect of requirements for designations
519	Appeal to Environment Court
520	Appeals relating to sections 516(1)(b), 517(2), and 518(2)
521	Alteration of designation
522	Removal of designation
523	Lapsing of designations that have not been given effect to
524	Environment Court may order taking of land
525	Compulsory acquisition powers
526	Transfer of rights and responsibilities for designations
527	When financial responsibility is transferred to responsible SPV
	Streamlining decision making on designations
528	Sections 529 to 534 apply to requirements under section 503 or 521
529	Requiring authority’s request
530	Regional planning committees decision on request
531	Regional planning committee’s subsequent processing
532	Environment Court decides
533	Residual powers of regional planning committee
534	When regional planning committee must deal with requirement
535	Sections 536 to 540 apply to certain requirements
536	Regional planning committee’s decision
537	Regional planning committee’s subsequent processing
538	Environment Court decides
539	Residual powers of regional planning committee
540	When territorial authority must deal with requirement
	Subpart 2—Heritage protection orders
541	Application to become heritage protection authority
542	Consent of owners of Māori land
543	Notice to territorial authority
544	When heritage protection order takes effect
545	Effect of heritage protection order
546	Territorial authority to act on notice
547	Territorial authority or regional planning committee may request further information from heritage protection authority
548	Plan change process following notification of heritage protection order
549	Land subject to existing heritage protection order or designation
550	Appeals relating to section 545
551	Alteration of heritage protection order
552	Transfer of heritage protection order
553	Notice of determination
554	Removal of heritage protection order
	Subpart 3—Places of national importance, including places of significant biodiversity and areas of highly vulnerable biodiversity
555	Interpretation
556	Identification of places of national importance
557	Criteria to be prescribed for identifying significant biodiversity areas
558	Considerations relevant to setting criteria
559	Protection of places of national importance
	Cultural heritage
560	Provision may be made for cultural heritage to be identified on closed register
	Significant biodiversity
561	Protection of significant biodiversity areas
	Areas of highly vulnerable biodiversity
562	Criteria for identifying HVBAs
563	Limits to activities within HVBAs
564	Exemptions from protection of HVBA
565	Limits to exemptions
566	Considerations that apply to the grant of exemptions
567	Power to declare critical habitat
	Part 9 Subdivision and reclamation
568	Interpretation
	Subpart 1—Subdivision of land
	Interpretation
569	Meaning of subdivision of land
570	Meaning of allotment
571	Meaning of survey plan
	How survey plans for subdivisions are approved
572	Requirements for approval of survey plans
573	Approval of survey plan
574	Certificate of approval by territorial authority
575	Requirements relating to conditions of subdivision consent
576	Approval if esplanade reserves or esplanade strips required
577	If separate survey plan approved
578	Requirements if subdivided land includes river or lake bed or is in coastal marine area
	How survey plans for subdivisions are deposited
579	Depositing survey plans for subdivisions
	Deposit requirements
580	Requirements for depositing survey plans
581	Requirements to lodge documents with Registrar-General of Land
582	Requirement for certificate of compliance with consent conditions
583	Requirement for consent if land will vest in territorial authority or the Crown
584	Requirement for certificate of compliance with building code requirements
	Conditions
585	Requirements relating to conditions of subdivision consent
	Effect of deposit of survey plans for subdivisions
586	When records of title may be issued
587	Vesting of roads
588	Vesting of reserves or other land
589	Land shown on survey plan as coastal marine area becomes part of common marine and coastal area
	Compensation
590	Compensation when esplanade reserve taken from allotment of less than 4 hectares
591	Compensation when esplanade reserve or strip taken from allotment of 4 hectares or more
592	Compensation when bed of river or lake vests in Crown
593	Compensation when land becomes part of common marine and coastal area
594	Amount of compensation
595	How to object to determinations of amount of compensation
	Miscellaneous
596	Agreement to sell land or building before deposit of survey plan
	Subpart 2—Reclamations
597	Requirement for approval and deposit of plans of survey after reclamation
	Approval of plans of survey
598	Regional council may approve survey plans for reclamations
599	Requirements for plans of survey for reclamations
600	Certificate of approval by regional council
	How plans of survey for reclamations are deposited
601	How plans of survey for reclamations are deposited by Registrar-General of Land
602	Deposit requirements for plans of survey for reclamations
603	Effect of deposit of plans of survey for reclamations
	Subpart 3—Esplanade reserves, esplanade strips, and access strips
	Purposes
604	Purposes of esplanade reserves and esplanade strips
605	Purpose of access strip
	Requirements to create reserves and strips when land is subdivided
606	New reserves and strips required when land is subdivided
607	Reserves required to supplement land previously set aside or reserved
	Requirements to create reserves and strips when land is reclaimed
608	New reserves and strips required when land is reclaimed
	Agreements to create strips
609	Esplanade strips created by agreement
610	Access strips created by agreement
	How reserves are set aside and strips created
611	How reserves are set aside
612	How strips are created
	Closure of strips to public
613	Closure of strips to public
	Miscellaneous
614	Vesting in the Crown or regional council
	Subpart 4—Subdivision consent conditions and related provisions
615	Purpose of this subpart
	Esplanade reserves and esplanade strips
616	Conditions about esplanade reserves and esplanade strips
	Easements
617	Conditions requiring easements to be granted or reserved
618	Condition requiring easement to be extinguished
619	Revocation of conditions about easements
	Amalgamation of land
620	Requirement to consult Registrar-General of Land before imposing condition about amalgamation
621	Requirements for amalgamation
622	Requirement that amalgamated land be held in 1 record of title
623	Requirement for covenant against transfer of allotments
624	Prior registered instruments protected
	Protection against natural hazards
625	Requirement for protection against natural hazards
626	Other requirements relevant to subdivision consents
	Certificates of completion
627	Issue of certificates of completion
	Notices of ongoing requirements
628	Consent notice for subdivision consent that has ongoing requirements
629	How notices of ongoing conditions are varied or cancelled
	Part 10 Exercise of functions, powers, and duties under this Act
	Subpart 1—Functions, powers, and duties of Ministers
630	Functions and powers of Minister for Environment
631	Minister for Environment may investigate and make recommendations in respect of local authorities and regional planning committees
632	Minister for Environment may appoint substitute for local authority
633	Minister may direct preparation of plan change or variation
634	Ministers may direct review of plan to be commenced
635	Minister may direct that other action be taken
636	Functions of Minister of Conservation
637	Functions of Minister responsible for aquaculture
	Delegations and directions
638	Delegation of functions by Ministers
	Subpart 2—Environmental Protection Authority
639	Functions of EPA
640	Delegations to EPA by Ministers
641	Certain directions prohibited
	Subpart 3—Functions of regional planning committees
642	Functions of regional planning committees
	Subpart 4—Matters for which local authorities are responsible
	Local authorities
643	Functions of regional councils and unitary authorities
644	Matters for which regional councils and unitary authorities responsible
645	Functions of territorial authorities and unitary authorities
646	Matters for which territorial authority or unitary authority responsible
647	Role of local authorities to implement and administer plans and strategies
	Minister of Conservation
648	Minister of Conservation has certain powers of local authority
	Local authorities to have compliance and enforcement strategy
649	Local authorities to prepare compliance and enforcement strategy
	Transfer of powers
650	Transfer of powers
651	Limits to transfer of powers
652	Procedural and other matters relevant to transfer of powers
	Delegation of functions, powers, or duties
653	Delegation by local authorities
654	Further provisions on delegation
655	Delegation of powers and functions to employees and other persons
	Joint management agreements
656	Power to make joint management agreements
657	When local authority or regional planning committee may act alone
658	Effect of joint management agreement
	Subpart 5—National Māori Entity
659	National Māori Entity established
660	Purpose of National Māori Entity
661	Independence of National Māori Entity
	Monitoring and reporting functions
662	Functions, powers, and duties of National Māori Entity
663	Obligation to report on monitoring activities
664	Responses to reports
665	Information held by National Māori Entity
	Provisions relating to membership of National Māori Entity
666	Membership
667	Term of office of members
668	Chairperson and deputy chairperson
669	Removal and resignation of chairperson, deputy chairperson, and members
670	Recovery of certain costs
	Power to adopt new name
671	National Māori Entity may change name
	Regulations
672	Regulation making power
	Application of Crown Entities Act 2004
673	Application of Crown Entities Act 2004 to National Māori Entity
	Application of other Acts
674	Application of certain other Acts
	Subpart 6—Mana Whakahono ā Rohe
675	Definitions
676	Purpose of Mana Whakahono ā Rohe
677	Guiding principles
678	Limitations on implementing Mana Whakahono ā Rohe arrangement
679	Initiation of Mana Whakahono ā Rohe
680	Other opportunities to initiate Mana Whakahono ā Rohe
681	Time frame for settling Mana Whakahono ā Rohe
682	Contents of Mana Whakahono ā Rohe
683	Dispute resolution process
684	Resolution of disputes in course of negotiations
685	Further dispute resolution methods
686	Jurisdiction of Māori Land Court under this Act
687	Matters relevant to determination
688	Notifying, reviewing, and monitoring
	Subpart 7—Freshwater Working Group
	Establishment and role of Working Group
689	Establishment of Working Group
690	Purpose of Working Group
691	Terms of reference for Working Group
692	Requirement for report and response
693	Freshwater allocation matters
	Part 11 Compliance and enforcement
694	Interpretation
	Subpart 1—Enforcement and compliance measures ordered by Environment Court
	How certain proceedings to be heard
695	Proceedings to be heard by Environment Judge
	Declarations
696	Scope and effect of declaration
697	Application for declaration
698	Notification of application
699	Decision on application
	Enforcement orders
700	Scope of enforcement order
701	Compliance with enforcement order
702	Application for enforcement order
703	Notification of application
704	Right to be heard
705	Decision on application
706	Interim enforcement order
707	Change or cancellation of enforcement order
	Abatement notices
708	Scope of abatement notice
709	Compliance with abatement notice
710	Form and content of abatement notice
711	Appeals
712	Environment Court may order stay of abatement notice
713	Cancellation of abatement notice
	Excessive noise
714	Meaning of excessive noise
715	Issue and effect of excessive noise direction
716	Compliance with an excessive noise direction
	Restrictions relating to enforcement orders and abatement orders
717	Restrictions on certain applications for enforcement orders and abatement notices
	Monetary benefit orders
718	Monetary benefit orders
	Revocation or suspension of resource consent for non-compliance with legislation
719	Environment Court may revoke or suspend resource consent
	Declaration if certain restrictions contravened
720	Declaration relating to trade competition
721	Costs if declaration made
722	Proceedings for damages in High Court
	Subpart 2—Enforceable undertakings
723	NBE regulator may accept enforceable undertakings
724	Undertaking may include requirements as to compensation or penalties
725	Notice of decision and reasons for decision
726	When enforceable undertaking is enforceable
727	Compliance with enforceable undertaking
728	Contravention of enforceable undertaking
729	Withdrawal or variation of enforceable undertaking
730	Proceedings for alleged contravention
	Adverse publicity orders
731	Adverse publicity orders
	Subpart 3—Financial assurances
732	Plan may require financial assurance
733	Form of financial assurance
734	Bonds
735	Special provisions in respect of bonds
736	Environmental restoration account
737	Amount of financial assurance
738	Independent assessment of amount of financial assurance
739	Method for calculating financial assurance amount
740	Costs associated with financial assurance
741	NBE regulator may review financial assurance
742	NBE regulator may amend financial assurance
743	NBE regulator may make a claim on financial assurance
744	Procedure for claim on financial assurance in the event of person’s failure to remediate or clean up
745	Procedure for claim on financial assurance in the event of immediate or serious risk
746	Notice to replenish financial assurance
747	Specified conditions for release of financial assurance
748	Application for release of financial assurance
749	Transfer of financial assurance
750	Enforcement of financial assurance
	Subpart 4—Miscellaneous provisions relating to compliance and enforcement action
	Emergency works
751	Exclusion of certain provisions where emergency works or remedial action necessary
752	Defence in case of unforeseen emergency
753	Power to take preventive or remedial action
754	Resource consents for emergency works
755	Emergency works under Civil Defence Emergency Management Act 2002
756	Reimbursement or compensation for emergency works
757	Protection against imprisonment for dumping and discharge offences involving foreign ships
758	Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent (placeholder)
	Subpart 5—Offences, penalties, and related provisions
	Limitation periods
759	Limitation period for offences or civil penalties under this Act
	Offences
760	Offences against this Act
761	Liability of principal for acts of agents
762	Strict liability and defences
763	Liability and defences for discharging harmful substances
764	Burden of proving defences
	Penalties
765	Penalties
766	Insurance against fines unlawful
	Infringement offences
767	Infringement offences
768	Who may issue infringement notices
769	When infringement notice may be issued
770	Revocation of infringement notice before payment made
771	What infringement notice must contain
772	How infringement notice may be served
773	Payment of infringement fees
774	Reminder notices
	Regulations
775	Regulations relating to infringement offences
	Pecuniary penalties
776	Pecuniary penalty order
777	Liability of principals and employers
778	Amount
779	Other orders instead of or in addition to pecuniary penalty order
780	Person not liable for fine and pecuniary penalty for same conduct
	Cost recovery under this Part
781	Cost recovery
	Subpart 6—Provisions relating to monitoring, etc
782	Regulations relating to compliance and monitoring activities
783	Local authorities to monitor to effectively carry out their functions and duties under this Act
784	Local authorities and planning committees to take action in significant risk situations and other circumstances
785	Regional monitoring and reporting strategies
786	NBE regulators to publish information about their functions, duties, and powers
787	Functions, duties, and powers of Ministry
	Enforcement and other powers
788	Authorisation and responsibilities of enforcement officers
789	Duty to give certain information
	Powers of entry and search
790	Power of entry for inspection
791	Power of entry for survey
792	Application for warrant for entry for search
793	Application of Search and Surveillance Act 2012
794	Direction and execution of warrant for entry for search
	Subpart 7—Enforcement functions of EPA
795	Interpretation
796	Enforcement functions of EPA
797	Intervention by EPA
798	EPA may change enforcement functions
799	EPA enforcement officers
800	EPA may require information from local authority
801	Additional reporting requirements
802	Order for payment of EPA’s costs in bringing a prosecution
	Part 12 Miscellaneous provisions
	Environment Court
803	Provisions relating to Environment Court
	Procedural and information principles
804	Procedural principles
805	Best information
	Service of documents
806	Service of documents
807	Mode of service of summons on master or owner of ship
808	Notices and consents in relation to Maori land
809	Availability of documents by electronic and other means
	Existing rights
810	Crown’s existing rights to resources to continue
811	Vesting of reclaimed land
812	Application for consent to unlawful reclamation
813	Enforcement powers against unlawful reclamations
	Protection of rights or interests in freshwater and geothermal resources
814	Rights or interests in freshwater and geothermal resources preserved
	Arbitration
815	Matters may be determined by arbitration
	Obligations relating to gathering and sharing information
816	Duty to gather information and keep records
817	Regional councils must share records of protected customary rights with regional planning committee
818	Local authority Māori participation policies
819	Duty to keep records relating to iwi and hapū
820	Purpose of records
	How administrative charges to be set
821	Administrative charges and additional charges
822	Criteria for fixing administrative charges
823	Other matters relating to administrative charges
824	Local authority policy on discounting administrative charges
825	Money obtained through market-based allocation method
826	How money collected from market-based allocation methods must be applied
827	Regulations relating to market-based allocation method
	Rights of objection
828	Rights of objection against certain decisions
829	Right of objection to consent authority against certain decisions or requirements
830	Objection under section 829(1)(d) or (e) may be considered by hearings commissioner
831	Right of objection in relation to imposition of additional charges or recovery of costs
832	Procedure for making and hearing objection under sections 828 to 831
833	Powers of hearings commissioner considering objection under section 829(1)(d) or (e)
834	Decision on objections made under sections 828 to 831
835	Appeals against certain decisions or objections
	System performance
836	Evaluation framework
837	Reporting
838	Parliamentary Commissioner for Environment to review evaluation reports
839	Local authorities to report on costs of functions under this Act and Spatial Planning Act 2022
	Additional powers of Minister for Environment and Minister of Conservation
840	Minister may make grants and loans
841	Supply of information
842	Information must be supplied to Minister of Conservation
	Miscellaneous matters
843	Regional councils to pay rents, royalties, and other money received into Crown Bank Account
844	Cost recovery for specified function of EPA
845	Power of waiver and extension of time limits
846	Requirements for waivers and extensions
847	Persons to have powers of consent authority for purposes of sections 845 and 846
	Regulations
848	Regulations relating to payment of fees and charges
849	Regulations relating to network utility operations
850	Regulations relating to local authority functions under this Act or Spatial Planning Act 2022
851	Regulations amending plans in relation to aquaculture activities and allocation processes
852	Conditions to be satisfied before regulations made under section 851
853	Regional planning committee obligations
854	Emergency response regulations
855	Regulations relating to administrative charges and other amounts
856	Regulations relating to specified housing and infrastructure fast-track consenting process
857	Regulations relating to infringement offences
858	Regulations relating to general matters
	Special Acts
859	Conflicts with special Acts
	Repeals, revocations, and amendments
860	Repeal
861	Consequential amendments
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
	Schedule 3 Principles for biodiversity offsetting
	Schedule 4 Principles for biodiversity redress
	Schedule 5 Principles for cultural heritage offsetting redress
	Schedule 6 Preparation, change, and review of national planning framework
	Schedule 7 Preparation, change, and review of natural and built environment plans
	Schedule 8 Provisions relating to membership, support, and operations of regional planning committees
	Schedule 9 Water quality classes
	Schedule 10 Information required in application for resource consent
	Schedule 11 Provisions about esplanade strips and access strips
	Schedule 12 Incorporation of documents by reference in plans
	Schedule 13 Environment Court
	Schedule 14 Acts that include statutory acknowledgements
	Schedule 15 Amendments to other legislation

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Natural and Built Environment Bill

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