Natural and Built Environment Bill

Hon David Parker

Natural and Built Environment Bill

Government Bill



Explanatory note
3Purpose of this Act
4Tiriti o Waitangi
5System outcomes
6Decision-making principles
8Meaning of public notice
9Application of Act to ships and aircraft of foreign States
10General transitional, savings, and related provisions
11Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
12Act binds the Crown
13Environmental responsibility
14Duty to avoid, minimise, remedy, offset, or provide redress for adverse effects
15Duty to avoid unreasonable noise
16Other legal requirements not affected
17Restrictions relating to land
18Restrictions relating to subdivision of land
19Restrictions on use of coastal marine area
20Restrictions relating to use of beds of lakes and rivers
21Restrictions relating to water
22Restrictions on discharging contaminants
23Restrictions on dumping and incinerating in coastal marine area
24Restrictions on discharging harmful substances in coastal marine area
25Prohibitions relating to radioactive waste etc in coastal marine area
26Certain existing uses protected in relation to land
27When existing use rights may be lost
28Certain existing activities on surface of water allowed
29Certain existing building works allowed
30Certain existing lawful activities allowed
32National planning framework
33Purpose of national planning framework
34National planning framework to be made as regulations
35Te Ture Whaimana
36Resource allocation principles
37Purpose of setting environmental limits
38Environmental limits
39How environmental limits are to be set
40Form of environmental limits
41Interim limits for ecological integrity
42Interim limits for human health
43Setting interim limits
44Exemptions from environmental limits may be directed
45Essential features of exemption
46When exemptions not to be directed
47Purpose of setting targets
48Form of targets
49Mandatory targets associated with limits
50Minimum level targets
51Discretionary targets
52Matters to be considered when deciding to set limits or targets
53Monitoring of limits and targets and responses
54Management units
55Matters relevant to setting management units
56National planning framework must include strategic direction and provide for monitoring
57National planning framework must provide direction on system outcomes
58National planning framework must provide direction on certain matters
59National planning framework may direct how certain provisions must be given effect
60Contents of national planning framework
61Effects management framework
62When effects management framework applies
63Requirements when effects management framework applies
64Scope of possible exemptions
65Assessment of alternatives
66Limits to exemptions
67Considerations that apply to grant of exemptions
68Giving effect to the national planning framework in plans
69Giving effect to the national planning framework in regional spatial strategies
70When regional planning committees directed to choose provisions from framework
71Regional planning committee must amend plan if plan rule duplicates or conflicts with framework rule
72Regional planning committee may amend plan to refer to provision in framework
73Regional planning committee or local authority must take action directed by framework
74Responsibility for enforcement of framework rules
75Direction to review consents and permits
76Direction relating to conditions of resource consents
77Notification requirements for resource consent applications
78Consequences if framework rule states an activity is permitted
79Activity with significant adverse effects on environment must not be permitted activity
80Standards, methods, and requirements
81Specific matters that national planning framework may prescribe
82National planning framework may provide for transitional provisions
83Monitoring and reporting by regional planning committees and local authorities
84National planning framework may include provision about other matters
85Incorporation by reference
86Adaptive management approach
87Directions on allocation method
88Use of market-based allocation method to determine right to apply for resource consent for certain activities
89Framework rule prevails unless exceptions apply
90Relationship between framework rule and water conservation orders
91Relationship between framework rules and bylaws
92Relationship between framework rules and designations
93Preparation, change, review, and publication of national planning framework
94Responsible minister
95Natural and built environment plans
96Purpose of plans
97Scope of plans
98How plans are prepared, notified, and made
99General considerations relevant to regional planning committee decisions
100Regional planning committees to be appointed
101Schedules 7 and 8 apply
102What plans must include
103General: matters within the responsibility of regional councils and territorial authorities
104Plans must be consistent with regional spatial strategies
105What plans may include
106Te Oranga o te Taiao statement
107Considerations relevant to preparing and changing plans
108Matters that must be disregarded when preparing or changing plans
109Plans must be consistent with regional spatial strategies
110Adaptive management approach in plan
111Statutory acknowledgements to be attached to plans
112Specific requirements relating to environmental contributions
113Plan must require all permitted aquaculture activities to be registered with consent authority
114What is required if aquaculture activity described as permitted
115Aquaculture zones
116Amendments to plan that affect customary marine title area
117Purpose and effect of rules
118Rules about discharges
119Activities affecting relationship of customary marine title group with their customary marine title area
120Imposition of coastal occupation charges
121Rules relating to aquaculture zones
122Rules relating to contaminated land
123Rules relating to esplanade reserves
124Limitations applying to making of rules relating to water and coastal marine area
125Limitations applying to making rules relating to tree protection
126Rules relating to allocation methods for certain resources
127Rules may specify applications to be dealt with under process for affected application consenting process
128How plan may require or permit use of market-based allocation method
129Rule may allow receipt of certain applications outside required time frame
130When rules have legal effect
131Rules that have early or delayed legal effect
132When rule has legal effect if resolution to delay rescinded
133Environment Court may provide for legal effect of rule
134Rules with early or delayed legal effect must be identified
135When rules to be treated as operative
136Rule does not include rule not operative or having legal effect
137Rules adversely affecting protected customary rights holders
138Rules relating to wāhi tapu conditions
139Land subject to controls
140Jurisdiction of Environment Court over land subject to controls
141Court’s determination
142Power to acquire land
143Boundary adjustments
144Plan or proposed plan must be updated to reflect changes to aquaculture settlement area
145Presumption of validity
146Duty of local authorities to observe own plans
148Restrictions on making submissions
149Restrictions on representation at appeals
150Restrictions on representation
151Further prohibitions
152Types of resource consents
153How activities are categorised
154How to decide which activity category applies
155Consideration to be given to statutory acknowledgements
156Activities may be permitted with or without requirements
157Consent authority may permit activity by waiving compliance with certain requirements, conditions, or permissions
158Discretionary activities or prohibited activities
159Description of type of activity to remain the same
160When this subpart applies
161Right to apply may be transferred
162Right to apply lapses in certain circumstances
163Prior consultation not needed
164Recovery of costs incurred in consultation and engagement
165Sections 166 to 172 apply to resource consent applications
166Request for application to go directly to Environment Court
167Consent authority to return request in certain circumstances
168Consent authority’s decision on request
169Consent authority’s subsequent processing
170Environment Court determines application
171Residual powers of consent authority
172When consent authority must determine application
173How to apply for resource consent
174Incomplete applications
175Deferral pending application for additional consents
176Applicant may have processing of notified application suspended
177When suspension of processing of notified application ceases
178Notified application may be returned if suspended after certain period
179Applicant may have processing of non-notified application suspended
180When suspension of processing of non-notified application ceases
181Non-notified application may be returned after certain period
182Withdrawal of application for resource consent
183Further information, or agreement, may be requested
184Consideration of certain matters required before information requested
185Responses to request
186Responses to notification
187Processing time frames
188What can be excluded from consideration of time periods
189Excluded time periods relating to provision of further information
190Excluded time periods relating to direct referral
191Excluded time periods relating to other matters
192Excluded time periods relating to pre-request aquaculture agreements
193Exclusion of period when processing of non-notified application suspended
194Excluded time periods relating to non-payment of administrative charges
195Excluded time periods under Urban Development Act 2020
196Applications to territorial authorities for resource consents where land is in coastal marine area
197Applications affecting navigation to be referred to Maritime New Zealand
198Purpose of notification
199Consent authority must comply with notification requirements or determine notification status
200National planning framework or plans may set or provide for consent authority to determine notification requirements
201Determination of whether person is affected person or person from whom approval required
202Determination of affected protected customary rights group and affected customary marine title group
203Public notification not required for controlled activity
204Public notification for discretionary activity
205When to require public notification
206When to require limited notification
207Prohibiting public or limited notification
208Provision of relevant information to post-settlement governance entity
209Who may make submissions
210Form and service of submissions
211Time limit for submissions
212Applicant to be advised of submissions
213Preliminary meetings
215Hearing of applications
216Hearing date and notice
217Hearing by commissioner if requested by applicant or submitter
218Joint hearings by 2 or more consent authorities of applications that relate to same proposal
219Combined hearings of applications that relate to same proposal
220Time limit for completion of hearing of notified application
221Requirement to provide report and other evidence
222Technical review of draft conditions of consent
223Consideration of resource consent application
224Determination of applications for discretionary activity
225Determination of applications for controlled activities
226Consideration of activities affecting drinking water supply source water
227Matters relevant to certain applications
228Consent authority may refuse subdivision consent in certain circumstances
229Granting of certain discharge or coastal permits restricted
230Applications to undertake aquaculture activities
231General requirements before conditions may be included
232Particular conditions that may be included in resource consent
233Adaptive management approach
235Special provisions in respect of bonds or covenants
236Refund of money and return of land where activity does not proceed
237Use of environmental contributions
238Refund of environmental contributions
239Limits to setting environmental contributions
240Condition of certain consents to pay rent, royalties, etc.
241Decisions on applications to be in writing, etc
242Time limits for notification of decision
243Notification of decision
244Purpose and overview of regional ADR
245Use of regional ADR
246Matter that must be considered by planning committee
247Where plan requires party to use regional ADR to resolve dispute
248Party who wishes to use regional ADR must give notice
249How voluntary regional ADR process is confirmed
250How plan directed regional ADR process is confirmed
251Adjudication of dispute and effect of adjudicator’s decision
252Appeal against decision in plan-directed ADR
253Right to appeal
254Procedure for appeal
255Consents not real or personal property
256Resource consents for water related activities does not convey property right in water
257Coastal permits
258When a resource consent commences: generally
259When a resource consent commences: non-notified application
260When resource consent commences: if objection made
261When resource consent commences: section 261(2) cases
262When resource consent commences: consent granted by Environment Court or board of inquiry
263When resource consent commences: common marine and coastal area
264When coastal permit for certain aquaculture activities may commence
265When resource consent commences if subject to grant of application to exchange recreation reserve land
266Duration of consent
267Duration of consent for aquaculture activities
268Exercise of resource consent while applying for new consent
269When sections 270 and 271 apply and when they do not apply
270Applications by existing holders of resource consents
271Applications by persons who are not existing holders of resource consents
272Lapsing of consents
273Cancellation of consent
274Change or cancellation of consent condition on application by consent holder
275Duration of certain resource consent activities
276When section 275 does not affect duration of resource consent
277Circumstances when consent conditions can be reviewed
278Notice of review
279Public notification, submissions, and hearing, etc
280Matters to be considered in review
281Decisions on review of consent conditions
282Consent authority to report on review of consent conditions
283Powers under Part 11 not affected
284Minor corrections of resource consents
285Land use and subdivision consents attach to land
286Transferability of coastal permits
287Transferability of water permits
288Transferability of discharge permits
289Consent authority may prevent transfer under sections 286 to 288
290Consent authority may order review of consent conditions
291Surrender of consent
292Activities allowed under consents
293Special provisions relating to coastal permits for dumping and incineration
294Application for certificate of compliance
295Consent authorities to issue COC
296When consent authority must not issue COC
297Status of COC
298EPA to issue COC for certain activities
299Application for certificate of existing use
300Consent authorities to issue EUC
301Status of certificate of EUC
302Permitted activity notices
303Duration of PANs
304Defined terms
305Consent authority must deal with affected consent applications under this subpart if required by rule
306Consent authority must determine and publicly notify required time period
307Part 5 applies to affected application subject to this subpart
3082 or more affected applications must be dealt with at same time
309Consent authority must provide certain information to affected applicants
310When processing time frame for affected applications commence
311Suspension of processing
312Consent authority may request Environment Court to determine affected applications
313Affected applicant must not make certain requests unless all other affected applicants agree
314Decision maker must consider merits of affected applications and apply criteria
315Alternative consenting process for specified housing and infrastructure
316Activities eligible for specified housing and infrastructure fast-track consenting process
317Ineligible activities
318Application to use specified housing and infrastructure fast-track consenting process
319If accepted, application must be notified or consulted on
320Submissions on application to use specified housing and infrastructure fast-track consenting process
321Expert consenting panel must decide whether hearing is appropriate
322Procedure if hearing held
323Limited suspension
324Consideration of application by panel
325Decisions may be issued in stages
326Final decision on application
327Appeal rights
329Minister may call in matter that is or is part of proposal of national significance
330Requirements about direction under section 329
331Restriction on when regional planning committees may request call in
332Restriction on when Minister may call in matter
333EPA to advise and make recommendations to Minister in relation to call-in
334Matter lodged with EPA
335Application of other provisions
336EPA to recommend course of action to Minister
337Minister makes direction after EPA recommendation
338Proposals relating to coastal marine area
339EPA may request further information or commission report
340EPA must serve Minister’s direction on local authority or regional planning committee, and applicant
341Local authority’s or regional planning committee’s obligations if matter called in
342EPA must give public notice of Minister’s direction
343Minister may instruct EPA to delay giving public notice pending application for additional consents
344EPA to receive submissions on matter if public notice of direction has been given
345EPA to receive further submissions if matter is proposed plan change or variation
346EPA must provide board or court with necessary information
347Regional planning committee may not notify further change or variation in certain circumstances
348Limitation on withdrawal of change or variation
349Minister to appoint board of inquiry
350How members appointed
351EPA may make administrative decisions
352Conduct of inquiry
353Process if matter is before board of inquiry is plan change or variation
354Consideration of matter by board
355Board to produce report
356Minor corrections of board decisions, etc
357Minister may extend time by which board must report
358Matter referred to Environment Court
359Consideration of matter by Environment Court
360Appeal from decisions only on question of law
361Regional planning committee to implement decision of board or court about proposed plan change or variation
362Residual powers of local authority
363EPA must refer matter to local authority and regional planning committee if direction made by Minister
364Local authority or regional planning committee must process referred matter
365Minister’s powers to intervene in matter
366How EPA must deal with certain applications and notices of requirement
367Minister to decide whether application or notice of requirement to be notified
368Application of sections 369 to 373
369Public notification of application or notice at Minister’s discretion
370Limited notification of application or notice
371Public notification of application or notice after request for further information
372Minister to decide if adverse effects likely to be more than minor
373Minister to decide if person is affected person
374Costs of processes under this Part recoverable from applicant
375Remuneration, allowances, and expenses of boards of inquiry
376Liability to pay costs constitutes debt due to EPA or the Crown
377Process may be suspended if costs outstanding
378Purpose of water conservation orders
379Meaning of water conservation order
380How to apply for water conservation order
381Appointment of special tribunal
382Administrative matters relating to special tribunal
383Public notification of application
384Submissions to special tribunal
385Hearing by special tribunal
386Matters that must be considered by special tribunal
387Special tribunal to report on application
388Right to make submissions to Environment Court
389Requirement to hold inquiry
390Who may be heard at inquiry
391Matters that must be considered by Environment Court
392Report of Environment Court
393Making of water conservation order
394Reasons for not accepting recommendation
395Revocation or amendment of water conservation order
396Legal effect of water conservation order
397Relationship between plans and water conservation order
398Plan to be amended if water conservation order granted
401Application of this subpart
402Farm must have certified freshwater farm plan if it meets land use threshold
403Main duties of farm operators
404Contents of freshwater farm plan
405Certification of freshwater farm plan
406Audit of farm for compliance with certified freshwater farm plan
407Functions of regional councils
408Records that must be kept by regional council
409Regional council must appoint certifiers and auditors
410Relationship between certified freshwater farm plan and specified instruments
411Regulations relating to freshwater farm plans
413Meaning of nitrogenous fertiliser
414Obligation to comply with regulations
417Polluter pays principle
418Landowner’s obligations when land used for activity or industry listed in HAIL
419Landowner obligations when land is contaminated
420Obligations of regional council
421Territorial authority must consider effects of proposed development, etc, on contaminated land
422Classification of significantly contaminated land
423EPA’s role in relation to contaminated land sites of national significance
424Identifying the polluter
425EPA must consult local authority before taking action
426Actual and reasonable costs may be recovered from polluter
427EPA may recover costs from local authority
428Allocation framework does not apply to matters under this Part
429Interpretation and relationship of subpart with rest of Act
430Power of consent authorities to refuse to receive applications for coastal permits
431Applications in relation to aquaculture settlement areas
432Provisions about occupation of common marine and coastal area
433Plan may specify allocation methods
434Matters to be considered before including allocation rule in plan or proposed plan
435Offer of authorisations for activities in common marine and coastal area in accordance with plan
436Offer of authorisations
437When applications not to be made unless applicant holds authorisation in accordance with plan
438Power to give directions relating to allocation of authorisations for space provided for in plan
439Regional council or regional planning committee may request use of allocation method
440Stay on applications following request under section 439
441Minister may approve use of allocation method
442Period of approval to use public tender or other method to allocate authorisations
443Regional council must offer authorisations if Minister approves
444During period of approval, no person may apply unless they hold authorisation
445Authorisation does not confer right to coastal permit
446Authorisation may be transferred
447Authorisation lapses in certain circumstances
448Public notice of offer of authorisations
449Requirements for offers for authorisations
450Preferential rights of iwi
451Acceptance of offer for authorisations
452Grant of authorisation
453Tender money
454Use of tender money
455Regional council or planning committee may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
456Minister responsible for aquaculture may suspend receipt of application
457Effect on applications of request under section 455
458Suspensions at initiative of Minister
459Minister may suspend applications to occupy the common marine and coastal area for purposes of aquaculture activities
460Subsequent requests for direction in relation to suspension of receipt of applications
461Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
462Minister may decide at own initiative to give direction
463Direction to process and hear applications together
464Content of direction
465Regional council must comply with direction
466Application of sections 467 to 472
468Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 166 to 172
469Processing of affected applications
470Hearing of affected applications
471Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 329
472Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
474Processing applications for existing permit holders
475Applications for space already used for aquaculture activities
476Additional criteria for considering applications for permits for space already used for aquaculture activities
477Request for aquaculture zone decision
478Aquaculture zones subject to quota management system
479Coastal permits for aquaculture activities in aquaculture zone
480Extension of aquaculture zone decision
483Order in Council may require holding of authorisation
484Application of Order in Council
485Publication, etc, of Order in Council
486Particulars of Order in Council to be endorsed on plan
487Effect of Order in Council
488Calling of public tenders for authorisations
489Requirements of tender
490Acceptance of tender, etc
491Notice of acceptance of tender
492Grant of authorisation
493Authorisation does not confer right to coastal permit, etc
494Authorisation may be transferred
495Authorisation to lapse in certain circumstances
496Tender money
498Recognition of protected Māori land as taonga tuku iho
499Application to become requiring authority
500Criteria for approval as requiring authority
501Public notice of approval as requiring authority
502Revocation of approval as requiring authority
503Notice of requirement for designation
504Primary and secondary CIPs
505Process for confirming designation
506How to give notice of requirement
507Notification of notices of requirement and CIPs
508Secondary CIP notification, changes, and information requests
509Further information, submissions, and hearing for notice of requirement
510Application of resource consent hearing provisions
511Discretion to include requirement in proposed plan
512Recommendation by regional planning committee
513Decision of requiring authority
514Notification of decision on designation
515Designation to be provided for in plan
516Effect of designation
517Land subject to existing designation
518Interim effect of requirements for designations
519Appeal to Environment Court
520Appeals relating to sections 516(1)(b), 517(2), and 518(2)
521Alteration of designation
522Removal of designation
523Lapsing of designations that have not been given effect to
524Environment Court may order taking of land
525Compulsory acquisition powers
526Transfer of rights and responsibilities for designations
527When financial responsibility is transferred to responsible SPV
528Sections 529 to 534 apply to requirements under section 503 or 521
529Requiring authority’s request
530Regional planning committees decision on request
531Regional planning committee’s subsequent processing
532Environment Court decides
533Residual powers of regional planning committee
534When regional planning committee must deal with requirement
535Sections 536 to 540 apply to certain requirements
536Regional planning committee’s decision
537Regional planning committee’s subsequent processing
538Environment Court decides
539Residual powers of regional planning committee
540When territorial authority must deal with requirement
541Application to become heritage protection authority
542Consent of owners of Māori land
543Notice to territorial authority
544When heritage protection order takes effect
545Effect of heritage protection order
546Territorial authority to act on notice
547Territorial authority or regional planning committee may request further information from heritage protection authority
548Plan change process following notification of heritage protection order
549Land subject to existing heritage protection order or designation
550Appeals relating to section 545
551Alteration of heritage protection order
552Transfer of heritage protection order
553Notice of determination
554Removal of heritage protection order
556Identification of places of national importance
557Criteria to be prescribed for identifying significant biodiversity areas
558Considerations relevant to setting criteria
559Protection of places of national importance
560Provision may be made for cultural heritage to be identified on closed register
561Protection of significant biodiversity areas
562Criteria for identifying HVBAs
563Limits to activities within HVBAs
564Exemptions from protection of HVBA
565Limits to exemptions
566Considerations that apply to the grant of exemptions
567Power to declare critical habitat
569Meaning of subdivision of land
570Meaning of allotment
571Meaning of survey plan
572Requirements for approval of survey plans
573Approval of survey plan
574Certificate of approval by territorial authority
575Requirements relating to conditions of subdivision consent
576Approval if esplanade reserves or esplanade strips required
577If separate survey plan approved
578Requirements if subdivided land includes river or lake bed or is in coastal marine area
579Depositing survey plans for subdivisions
580Requirements for depositing survey plans
581Requirements to lodge documents with Registrar-General of Land
582Requirement for certificate of compliance with consent conditions
583Requirement for consent if land will vest in territorial authority or the Crown
584Requirement for certificate of compliance with building code requirements
585Requirements relating to conditions of subdivision consent
586When records of title may be issued
587Vesting of roads
588Vesting of reserves or other land
589Land shown on survey plan as coastal marine area becomes part of common marine and coastal area
590Compensation when esplanade reserve taken from allotment of less than 4 hectares
591Compensation when esplanade reserve or strip taken from allotment of 4 hectares or more
592Compensation when bed of river or lake vests in Crown
593Compensation when land becomes part of common marine and coastal area
594Amount of compensation
595How to object to determinations of amount of compensation
596Agreement to sell land or building before deposit of survey plan
597Requirement for approval and deposit of plans of survey after reclamation
598Regional council may approve survey plans for reclamations
599Requirements for plans of survey for reclamations
600Certificate of approval by regional council
601How plans of survey for reclamations are deposited by Registrar-General of Land
602Deposit requirements for plans of survey for reclamations
603Effect of deposit of plans of survey for reclamations
604Purposes of esplanade reserves and esplanade strips
605Purpose of access strip
606New reserves and strips required when land is subdivided
607Reserves required to supplement land previously set aside or reserved
608New reserves and strips required when land is reclaimed
609Esplanade strips created by agreement
610Access strips created by agreement
611How reserves are set aside
612How strips are created
613Closure of strips to public
614Vesting in the Crown or regional council
615Purpose of this subpart
616Conditions about esplanade reserves and esplanade strips
617Conditions requiring easements to be granted or reserved
618Condition requiring easement to be extinguished
619Revocation of conditions about easements
620Requirement to consult Registrar-General of Land before imposing condition about amalgamation
621Requirements for amalgamation
622Requirement that amalgamated land be held in 1 record of title
623Requirement for covenant against transfer of allotments
624Prior registered instruments protected
625 Requirement for protection against natural hazards
626Other requirements relevant to subdivision consents
627Issue of certificates of completion
628Consent notice for subdivision consent that has ongoing requirements
629How notices of ongoing conditions are varied or cancelled
630Functions and powers of Minister for Environment
631Minister for Environment may investigate and make recommendations in respect of local authorities and regional planning committees
632Minister for Environment may appoint substitute for local authority
633Minister may direct preparation of plan change or variation
634Ministers may direct review of plan to be commenced
635Minister may direct that other action be taken
636Functions of Minister of Conservation
637Functions of Minister responsible for aquaculture
638Delegation of functions by Ministers
639Functions of EPA
640Delegations to EPA by Ministers
641Certain directions prohibited
642Functions of regional planning committees
643Functions of regional councils and unitary authorities
644Matters for which regional councils and unitary authorities responsible
645Functions of territorial authorities and unitary authorities
646Matters for which territorial authority or unitary authority responsible
647Role of local authorities to implement and administer plans and strategies
648Minister of Conservation has certain powers of local authority
649Local authorities to prepare compliance and enforcement strategy
650Transfer of powers
651Limits to transfer of powers
652Procedural and other matters relevant to transfer of powers
653Delegation by local authorities
654Further provisions on delegation
655Delegation of powers and functions to employees and other persons
656Power to make joint management agreements
657When local authority or regional planning committee may act alone
658Effect of joint management agreement
659National Māori Entity established
660Purpose of National Māori Entity
661Independence of National Māori Entity
662Functions, powers, and duties of National Māori Entity
663Obligation to report on monitoring activities
664Responses to reports
665Information held by National Māori Entity
667Term of office of members
668Chairperson and deputy chairperson
669Removal and resignation of chairperson, deputy chairperson, and members
670Recovery of certain costs
671National Māori Entity may change name
672Regulation making power
673Application of Crown Entities Act 2004 to National Māori Entity
674Application of certain other Acts
676Purpose of Mana Whakahono ā Rohe
677Guiding principles
678Limitations on implementing Mana Whakahono ā Rohe arrangement
679Initiation of Mana Whakahono ā Rohe
680Other opportunities to initiate Mana Whakahono ā Rohe
681Time frame for settling Mana Whakahono ā Rohe
682Contents of Mana Whakahono ā Rohe
683Dispute resolution process
684Resolution of disputes in course of negotiations
685Further dispute resolution methods
686Jurisdiction of Māori Land Court under this Act
687Matters relevant to determination
688Notifying, reviewing, and monitoring
689Establishment of Working Group
690Purpose of Working Group
691Terms of reference for Working Group
692Requirement for report and response
693Freshwater allocation matters
695Proceedings to be heard by Environment Judge
696Scope and effect of declaration
697Application for declaration
698Notification of application
699Decision on application
700Scope of enforcement order
701Compliance with enforcement order
702Application for enforcement order
703Notification of application
704Right to be heard
705Decision on application
706Interim enforcement order
707Change or cancellation of enforcement order
708Scope of abatement notice
709Compliance with abatement notice
710Form and content of abatement notice
712Environment Court may order stay of abatement notice
713Cancellation of abatement notice
714Meaning of excessive noise
715Issue and effect of excessive noise direction
716Compliance with an excessive noise direction
717Restrictions on certain applications for enforcement orders and abatement notices
718Monetary benefit orders
719Environment Court may revoke or suspend resource consent
720Declaration relating to trade competition
721Costs if declaration made
722Proceedings for damages in High Court
723NBE regulator may accept enforceable undertakings
724Undertaking may include requirements as to compensation or penalties
725Notice of decision and reasons for decision
726When enforceable undertaking is enforceable
727Compliance with enforceable undertaking
728Contravention of enforceable undertaking
729Withdrawal or variation of enforceable undertaking
730Proceedings for alleged contravention
731Adverse publicity orders
732Plan may require financial assurance
733Form of financial assurance
735Special provisions in respect of bonds
736Environmental restoration account
737Amount of financial assurance
738Independent assessment of amount of financial assurance
739Method for calculating financial assurance amount
740Costs associated with financial assurance
741NBE regulator may review financial assurance
742NBE regulator may amend financial assurance
743NBE regulator may make a claim on financial assurance
744Procedure for claim on financial assurance in the event of person’s failure to remediate or clean up
745Procedure for claim on financial assurance in the event of immediate or serious risk
746Notice to replenish financial assurance
747Specified conditions for release of financial assurance
748Application for release of financial assurance
749Transfer of financial assurance
750Enforcement of financial assurance
751Exclusion of certain provisions where emergency works or remedial action necessary
752Defence in case of unforeseen emergency
753Power to take preventive or remedial action
754Resource consents for emergency works
755Emergency works under Civil Defence Emergency Management Act 2002
756Reimbursement or compensation for emergency works
757Protection against imprisonment for dumping and discharge offences involving foreign ships
758Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent (placeholder)
759Limitation period for offences or civil penalties under this Act
760Offences against this Act
761Liability of principal for acts of agents
762Strict liability and defences
763Liability and defences for discharging harmful substances
764Burden of proving defences
766Insurance against fines unlawful
767Infringement offences
768Who may issue infringement notices
769When infringement notice may be issued
770Revocation of infringement notice before payment made
771What infringement notice must contain
772How infringement notice may be served
773Payment of infringement fees
774Reminder notices
775Regulations relating to infringement offences
776Pecuniary penalty order
777Liability of principals and employers
779Other orders instead of or in addition to pecuniary penalty order
780Person not liable for fine and pecuniary penalty for same conduct
781Cost recovery
782Regulations relating to compliance and monitoring activities
783Local authorities to monitor to effectively carry out their functions and duties under this Act
784Local authorities and planning committees to take action in significant risk situations and other circumstances
785Regional monitoring and reporting strategies
786NBE regulators to publish information about their functions, duties, and powers
787Functions, duties, and powers of Ministry
788Authorisation and responsibilities of enforcement officers
789Duty to give certain information
790Power of entry for inspection
791Power of entry for survey
792Application for warrant for entry for search
793Application of Search and Surveillance Act 2012
794Direction and execution of warrant for entry for search
796Enforcement functions of EPA
797Intervention by EPA
798EPA may change enforcement functions
799EPA enforcement officers
800EPA may require information from local authority
801Additional reporting requirements
802Order for payment of EPA’s costs in bringing a prosecution
803Provisions relating to Environment Court
804Procedural principles
805Best information
806Service of documents
807Mode of service of summons on master or owner of ship
808Notices and consents in relation to Maori land
809Availability of documents by electronic and other means
810Crown’s existing rights to resources to continue
811Vesting of reclaimed land
812Application for consent to unlawful reclamation
813Enforcement powers against unlawful reclamations
814Rights or interests in freshwater and geothermal resources preserved
815Matters may be determined by arbitration
816Duty to gather information and keep records
817Regional councils must share records of protected customary rights with regional planning committee
818Local authority Māori participation policies
819Duty to keep records relating to iwi and hapū
820Purpose of records
821Administrative charges and additional charges
822Criteria for fixing administrative charges
823Other matters relating to administrative charges
824Local authority policy on discounting administrative charges
825Money obtained through market-based allocation method
826How money collected from market-based allocation methods must be applied
827Regulations relating to market-based allocation method
828Rights of objection against certain decisions
829Right of objection to consent authority against certain decisions or requirements
830Objection under section 829(1)(d) or (e) may be considered by hearings commissioner
831Right of objection in relation to imposition of additional charges or recovery of costs
832Procedure for making and hearing objection under sections 828 to 831
833Powers of hearings commissioner considering objection under section 829(1)(d) or (e)
834Decision on objections made under sections 828 to 831
835Appeals against certain decisions or objections
836Evaluation framework
838Parliamentary Commissioner for Environment to review evaluation reports
839Local authorities to report on costs of functions under this Act and Spatial Planning Act 2022
840Minister may make grants and loans
841Supply of information
842Information must be supplied to Minister of Conservation
843Regional councils to pay rents, royalties, and other money received into Crown Bank Account
844Cost recovery for specified function of EPA
845Power of waiver and extension of time limits
846Requirements for waivers and extensions
847Persons to have powers of consent authority for purposes of sections 845 and 846
848Regulations relating to payment of fees and charges
849Regulations relating to network utility operations
850Regulations relating to local authority functions under this Act or Spatial Planning Act 2022
851Regulations amending plans in relation to aquaculture activities and allocation processes
852Conditions to be satisfied before regulations made under section 851
853Regional planning committee obligations
854Emergency response regulations
855Regulations relating to administrative charges and other amounts
856Regulations relating to specified housing and infrastructure fast-track consenting process
857Regulations relating to infringement offences
858Regulations relating to general matters
859Conflicts with special Acts
861Consequential amendments

The Parliament of New Zealand enacts as follows: