Natural and Built Environment Bill

Natural and Built Environment Bill

Government Bill

186—1

Explanatory note

General policy statement

The Natural and Built Environment Bill (NBE Bill) repeals and replaces the Resource Management Act 1991 (RMA), working in tandem with the Spatial Planning Bill (SP Bill). Once passed, the Bills will be known as the Natural and Built Environment Act (NBA) and the Spatial Planning Act (SPA). A Climate Adaptation Bill will be introduced later to address complex issues associated with managed retreat.

The NBE Bill (sometimes also referred to as the NBA Bill in reference to the Act it will become) provides an integrated framework for regulating both environmental management and land use planning. It enables use and development within environmental limits and targets. It requires both positive outcomes to be achieved, and adverse effects to be appropriately managed.

The NBE Bill is an omnibus Bill as it amends more than 1 Act. It is introduced under Standing Order 267(1)(a) as the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy to establish a new resource management system.

The new resource management system created by these Bills has been designed to achieve 5 objectives:

  • protect and, where necessary, restore the natural environment, including its capacity to provide for the well-being of present and future generations:

  • better enable development within environmental biophysical limits including a significant improvement in housing supply, affordability and choice, and timely provision of appropriate infrastructure, including social infrastructure:

  • give effect to the principles of te Tiriti o Waitangi and provide greater recognition of te ao Māori, including mātauranga Māori:

  • better prepare for adapting to climate change and risks from natural hazards, and better mitigate emissions contributing to climate change:

  • improve system efficiency and effectiveness and reduce complexity, while retaining local democratic input.

Achieving these objectives will address multiple problems with the current resource management system. For example, the NBE Bill is expected to help:

  • embed the expansive supply of land and house building opportunities in the places they are needed, to avoid inflated urban land costs:

  • enable renewable electricity generation, to affordably decarbonise the economy:

  • address cumulative environmental effects, to halt the slide in environmental outcomes.

Proposals

Purpose

The purpose of the NBE Bill updates the RMA’s focus on sustainable management. The purpose is to:

  • enable the use, development, and protection of the environment in a way that:

    • supports the well-being of present generations without compromising the well-being of future generations; and

    • promotes outcomes for the benefit of the environment; and

    • complies with environmental limits and their associated targets; and

    • manages adverse effects; and

  • recognises and upholds te Oranga o te Taiao.

The purpose is an intergenerational environmental test for all New Zealanders. It draws on te Oranga o te Taiao, a te ao Māori concept that speaks to the health of the natural environment, the essential relationship between the health of the natural environment and its capacity to sustain life, and the interconnectedness of all parts of the environment.

Importantly, the purpose does not prohibit use and development, but it will affect how use and development is undertaken.

Both limbs of the purpose are intended to work together to encourage and facilitate more environmentally responsible behaviours and choices, and to recognise that the use of resources must be exercised in a way that is consistent with broader environmental and social goals, and that contributes to the maintenance of ecological integrity.

Outcomes

The NBE Bill shifts the focus of the current resource management system from managing adverse effects to promoting positive outcomes. Principles will provide further assistance on how decisions to achieve outcomes should be made.

The Bill contains a list of system outcomes that must be provided for. These outcomes will play a different role to the lists of matters in sections 6 and 7 of the RMA. The outcomes are no longer intended to simply serve as matters to be considered in decision-making. Rather, the outcomes will guide national direction, strategies, and plans, which will in turn guide consideration of resource consent applications.

There is no hierarchy among the outcomes, affording discretion for decision-makers in how they are pursued once limits and targets are met. Additional requirements to identify and protect nationally important places will help ensure these matters are appropriately managed.

The hierarchy of various instruments that will be made under the Bill is retained, as described by the Supreme Court for the RMA in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd [2014] NZSC 38.

Adverse effects

Managing adverse effects will still be an important feature of the new system. The NBE Bill includes a general duty on everyone to avoid, minimise, remedy, offset, or take steps to provide redress for any adverse effect on the environment.

The Bill also provides that any activity creating an adverse effect that is more than trivial on specified nationally important places or highly vulnerable biodiversity areas can only be considered for approval if an exemption applies.

Te Tiriti o Waitangi

The NBE Bill requires all persons exercising powers and performing functions and duties under it to “give effect” to the principles of te Tiriti o Waitangi, as is the case under the Conservation Act 1987.

The Bill also aims to provide iwi, hapū, and Māori with opportunities to participate at all levels of the RM system.

Among other matters, the Bill will provide for opportunities such as:

  • providing for proactive monitoring of te Tiriti performance by a National Māori Entity:

  • decomplicating the use of current tools within the RMA (Mana Whakahono ā Rohe, Transfers of Power and Joint Management Agreements):

  • providing for a minimum of 2 Māori appointed members on regional planning committees (RPC), out of a minimum committee membership of 6.

Allocation of resources

The NBE Bill includes an enabling framework for allocating resources, with specific provisions for freshwater, in natural and built environment plans (NBE plans).

Three principles of sustainability, equity, and efficiency will guide the development of allocation methods in NBE plans for freshwater resources. These principles may be applied to other resources, or be required through the National Planning Framework (NPF).

A Freshwater Working Group will be established to make recommendations on matters relating to freshwater allocation, and on a process for engagement between the Crown and iwi and hāpu, at the regional or local level, on freshwater allocation.

National Planning Framework

The NBE Bill provides for all the functions of existing RMA national direction instruments, as well as some new functions to be consolidated into the NPF which will be made as secondary legislation.

The NPF will provide directions on the integrated management of the environment in relation to matters of national significance and matters requiring national or sub-national consistency.

The NPF will be rolled out in stages to support timely implementation of the future system. The first NPF will transition the policy intent of existing RMA national direction, as well as the medium density residential standards enabled through legislation in 2021 to assist with addressing housing supply demand and promoting urban development.

The first NPF will also contain new content on infrastructure (developed by the Infrastructure Commission/Te Waihanga) and natural hazards. Additional content will be added to the NPF over time.

Environmental limits

The Minister must set limits in the NPF for air, indigenous biodiversity, coastal water, estuaries, freshwater and soil, and may also set limits on other aspects of the natural environment. The purpose of limits is to prevent the ecological integrity of the natural environment from further degradation, and to protect human health. They may be set directly in the NPF, or the NPF may require that they be set out in NBE plans.

Limits are set as a minimum biophysical state for a management unit, or as the maximum amount of harm or stress to the natural environment that may be permitted in a management unit. For example, a limit in relation to air quality could specify a threshold concentration for a specific contaminant in an airshed, and the NPF or NBE plans must direct what actions need to be taken to prevent a breach of the limit.

The NBE Bill allows the Minister to direct time-limited exemptions to limits for ecological integrity if requested by an RPC. Any exemption must be justified by public benefits and designed to result in the least possible net loss of ecological integrity that is compatible with the activity. The Minister may not direct exemptions where ecological integrity is unacceptably degraded or where it would lead to an irreversible loss of ecological integrity.

Targets

Targets are either set directly in the NPF or prescribed to be set out in NBE plans made under the NBA. Minimum level targets must be set if the Minister is satisfied that an area of the natural environment is unacceptably degraded. The Minister also has discretionary powers to set targets for achieving environmental outcomes prescribed in the NBA, the NPF or in an NBE plan. Targets must be measurable, have a specified time limit for their achievement, and be designed to assist in achieving an outcome.

Other content

The NPF will be required to include:

  • direction on each system outcome:

  • direction to help resolve conflicts between outcomes:

  • strategic directions (for example, on the key long-term environmental issues and priorities):

  • content specifying how the effectiveness and implementation of the NPF will be monitored:

  • direction on non-commercial housing and papakāinga on Māori land, enabling development capacity well ahead of expected demand, enabling infrastructure and development corridors, and enabling renewable electricity generation and its transmission.

The NPF may give direction and specifications relating to regional spatial strategies (RSS) and NBE plans. This includes the ability to specify structure and form, direct the inclusion of specific provisions, and include requirements as to electronic accessibility and functionality. This will help make plans easier to use.

The NPF may direct consent authorities to review consents and permits within a specified time, include conditions that must be imposed on consents, and set notification requirements.

The NPF may give directions that provide further detail on the meaning of the resource allocation principles (sustainability, equity, and efficiency) and on allocation methods that must be given effect to through NBE plans to allocate specified resources.

Any direction through the NPF on an allocation method must be issued having regard to the allocation principles.

Spatial planning

The SP Bill aims to help co-ordinate and integrate decisions made under relevant legislation, through requiring the development of a long-term RSS in each region of the country.

Further details on the SP Bill and spatial planning are provided in the general policy statement for that Bill.

Regional planning committees

The NBE Bill requires RPC to be established in each region, comprising members from local government, Māori, and central government (though central government members only participate in relation to RSS).

RPC will be established as committees of all councils in the region. They will be stewards of RSS and NBE plans under the new system. An RPC will prepare RSS and NBE plans covering every local authority in the region, with local authorities retaining responsibility for implementing and administering NBE plans. This enables a reduction from over 100 RMA plans to 15 NBE plans under the NBA.

An RPC has separate legal standing from its constituent authorities and organisations for the purpose of commencing, or being a party to, or being heard in legal proceedings.

The composition of an RPC will be agreed following a regionally led process (with the Local Government Commission deciding if agreement is not reached). This is intended to allow each committee’s composition to reflect its region’s specific circumstances. All local authorities in the region will have direct representation on RPC where that is their preference. Māori will appoint a minimum of 2 members.

RPC will have a minimum of 6 members and will not have an upper size limit. Some bespoke arrangements may be required to uphold existing Treaty settlement arrangements, existing RMA arrangements and Nga Hapū and Ngāti Porou commitments. This may require amendments to the relevant Treaty settlement or other legislation, or specific provisions in the legislation.

An RPC will appoint a director of their secretariat who will be responsible for providing support and bringing together staff to draft NBE plans.

Natural and built environment plans

The NBE Bill will consolidate planning documents into a single NBE plan for each region. The Nelson and Tasman regions will develop a single plan together. NBE plans must further the purpose of the Act and will provide a framework for managing the natural and built environment for each region.

NBA plan functions and features

NBE plans will have similar functions to those performed by regional policy statements, and district and regional plans under the current system, in regulating land use and natural resource use in each region through rules and policies. They will:

  • give effect to the NPF:

  • apply environmental limits and targets set in the NPF, and set environmental limits and targets for the region if directed by the NPF:

  • be consistent with the relevant RSS.

Other aspects of plans include:

  • provisions to manage the effects of the use, development, and protection of land and the associated natural and built environment:

  • rules regarding discharges:

  • provision for cultural heritage to be identified on a closed register if there is good reason for withholding the precise location:

  • rules to allocate (via allocation methods) the taking or use of water, the taking or use of heat or energy of water or material surrounding geothermal water, and the capacity of air or water to assimilate a discharge of a contaminant:

  • rules requiring environmental contributions in relation to activities:

  • a greater emphasis on monitoring with the aim of providing more informed and responsive planning regulation.

Local authorities must develop a policy relating to Māori participation, in collaboration with iwi authorities and groups that represent hapū. This will reflect priorities of Māori within the region and how the local authority will work with Māori.

Developing the NBE plan

The NBE plan development process will assist early collaboration. This includes the ability for parties to register to engage. A new process allows “enduring submissions” to be lodged before notification of plans and throughout the plan hearings process. This will reduce complexity and repetition for participants.

Statements of community outcomes (SCO) and statements of regional environmental outcomes (SREO) are proposed as voluntary instruments to provide local authorities with a mechanism to directly input local voice into NBE plans. SCOs will be prepared by territorial authorities and will express the views of a district or local communities. SREO will be prepared by regional councils to address any significant resource management issues faced by a region.

Plan evaluation will also occur early in the process, where it is most useful for decision- makers and participants. The process will be more proportionate than equivalent requirements in the RMA (section 32 reports). Importantly, an evaluation report will have to be expressed succinctly and plainly; and be prepared and presented in a way that is useful for decision-makers and the public, and will encourage a cost-effective process.

The Ministry for the Environment will have an auditing role, which will involve checking the draft plan for compliance with the NPF and environmental limits and targets. Local authorities will also be able to review and comment on the draft plan before it is notified.

Independent hearing panels and restrictions on appeals

An Independent Hearing Panel (IHP) will hear submissions on an NBE plan and make recommendations to the RPC on the proposed plan.

The IHP consists of a chairperson and 3–6 members, and up to 2 additional members from the regional candidate pool that are approved by the responsible Minister and appointed by the Chief Environmental Court Judge. The NBE Bill will specify skills, knowledge, and experience that IHP members must collectively hold. The Chief Environment Court Judge must consult the National Māori Entity regarding the required collective skills, knowledge, and experience for members of IHPs.

There will be a robust IHP process to consider evidence and hear submissions. Where an IHP recommendation is accepted by the RPC, appeals are limited to points of law in the High Court. Where an IHP recommendation is rejected, merit-based appeals can be made to the Environment Court.

Review of NBE plans and plan changes

Each RPC will be responsible for reviewing and changing its own NBE plan. The RPC, a local authority or any other party can initiate or request a change to an NBE plan. There are three pathways for undertaking plan changes, which are designed to respond to the scale and nature of the issues being considered.

Most plan changes will use the standard process. For less complex issues (such as local rezoning, local centre planning, amending a heritage schedule, or localised natural resource issues), RPC can use a proportionate process. There will be an ability for limited notification, and independent commissioners are appointed to hear submissions. An urgent process is also available which is more expedient but is subject to specific criteria.

Independent plan changes (requested by any other person) are provided for. Local authorities are responsible for accepting or rejecting an independent plan change request. Requested plan changes must meet the requirements of the region’s NBE plan, including being consistent with the RSS.

Water conservation orders and heritage protection orders

The NBE Bill also makes provision for water conservation orders and heritage protection orders as mechanisms to protect values associated with water and heritage respectively.

Consenting

Councils will continue to be the consent authorities for consents, certificates and registering for permitted activities. The consents and permitting regime will be directed by the planning instruments.

The NBE Bill aims to foster a proportionate process by stipulating that the consent authority is not required to hold a hearing for notified consents, even if an applicant or submitter wish to be heard.

Activity categories

NBE plans will categorise activities into four categories: permitted, controlled, discretionary and prohibited. The NBE Bill prescribes the intent of each category to improve consistency in how they are implemented across regions.

The scope of the permitted activity category is broadened to enable NBE plans to permit activities with written approval and certification by a qualified person. This is intended to remove unnecessary consents such as those for activities with localised effects or requiring monitoring.

The controlled category is intended for activities that align with outcomes and have known effects, and there will be a limited discretion to decline.

The discretionary category is the more stringent category where the effects are generally unknown and may not meet outcomes. These consents will require broader assessment and information requirements.

Plans will be required to outline circumstances where certain activities are prohibited and should be declined.

Notification

The NPF or NBE plans are intended to specify notification classes for activities that trigger consents. They may identify affected persons for notification of consent applications. This aims to reduce discretion and uncertainty at the consenting level.

In certain circumstances, notification and clear identification of affected persons may not be practical. The NPF or NBE plan may delegate the ability to determine who is notified and identify affected persons to consent authorities. This gives flexibility to respond to local circumstances. The same approach is required for consents that will be amended or reviewed after issuance.

Notification decisions made by consent authorities (if delegated by NBE plans) can be challenged in the Environment Court by way of declaration. (Currently this is via judicial review to the High Court, which can create extra cost and delay.)

The NPF will be able to make rules, categorise activities and specify notification status and identify affected persons as described above.

Existing uses

There will be additional flexibility to respond when there are poor environmental outcomes. The NBE Bill empowers NBE plans to make rules that will affect existing rights and land use consents when there is harm to the natural environment or risks associated with natural hazards, climate change or contaminated land. Some of these could be directed by the NPF. Consent authorities will also be able to cancel land use consents through a review process on similar grounds. There will also be broader powers in relation to durations of consent, if directed by an NBE plan or the NPF.

Designations

Requiring authority eligibility will now include fire and emergency services, and port operators to designate for land-based activities (outside the coastal marine area).

There will also be an ability for certain providers to apply to the Minister for the Environment to be a requiring authority for ‘public good’ infrastructure.

Designation and construction implementation plans

Designations will be available in a “two-stage” process that separates the securing of the spatial footprint through a “notice of requirement” (NOR) for a designation from the environmental management assessment.

This approach enables requiring authorities to secure land for future infrastructure earlier, and to protect that land from conflicting land use, without needing to provide detailed information about how the effects of (future) construction and operation will be managed. In conjunction with increased lapse dates, this aims to enable better strategic planning and more cost-effective delivery of infrastructure.

Construction and Implementation Plans (CIPs) will be the planning mechanism that identifies and authorises the works required to construct the designated infrastructure.

The designation processes will be considered by RPC and will make notification decisions and recommendations to requiring authorities.

Alternative pathways, including for infrastructure

There will be three separate alternative pathways for planning and consenting.

Proposals of National Significance and Direct Referral will continue to be provided for. The NBE Bill will allow the fast-track process introduced during the Covid epidemic to continue for consents and designations relating to specified housing and infrastructure projects.

The Minister decides if a project is eligible and must consider whether another pathway is more appropriate.

The pathway is broadly based on the fast-track consenting pathway introduced in the COVID-19 Recovery (Fast-track Consenting) Act 2020.

Compliance, monitoring, and enforcement

The compliance, monitoring and enforcement aspects of the future system will be strengthened to drive better compliance and environmental outcomes.

Councils will carry out compliance, monitoring and enforcement and the EPA will retain its RMA enforcement functions. These aspects will be strengthened to drive better compliance and environmental outcomes. Changes include:

  • a suite of new civil enforcement tools:

  • prohibition of insurance to pay for fines:

  • ability for consent authorities to consider compliance history when processing consent applications:

  • ability for regulators to apply to have a consent revoked:

  • ability for regulators to recover the actual and reasonable costs associated with permitted activity monitoring and investigations of non-compliance:

  • an increase to maximum financial penalties:

  • a requirement for all councils to have an up-to-date compliance, monitoring, and enforcement strategy.

Monitoring and system oversight

Councils will continue to monitor a range of matters, including the state of the environment, the effectiveness of NBE plans, the exercise of resource consents and permitted activities, and the efficiency and effectiveness of NBA processes. The NPF will set out any methods, indicators, or other requirements that apply to monitoring.

RPC will be responsible for producing a regional monitoring and reporting strategy to help coordinate monitoring and reporting across the region. Monitoring information gathered by local authorities will feed into three yearly reports from councils to an RPC to make decisions on any issues, opportunities, or outcomes the NBE plan should address. An RPC will also be required to produce a 5 yearly assessment of environmental changes and trends within their region. Iwi, hapū, and Māori will have the opportunity to work and agree monitoring methods and approaches with councils.

Oversight of the future system will be strengthened and includes a requirement for the government to develop a system monitoring, reporting and evaluation framework, and regular government reporting to Parliament on system performance, including its efficiency and cost effectiveness.

The Parliamentary Commissioner for the Environment has a new role in the NBE Bill to review the government’s reporting on system performance and provide a report to Parliament.

Departmental disclosure statement

The Ministry for the Environment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

The Ministry for the Environment produced a regulatory impact assessment on 21 September 2022 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

This Bill repeals and replaces the Resource Management Act 1991 (RMA).

Clause 1 is the Title clause.

Clause 2 is the commencement clause. It provides that specified provisions of the Bill come into force on the day after the Bill receives Royal assent, while the rest of the Bill comes into force as appointed by the Governor-General by 1 or more Orders in Council made on the recommendation of certain Ministers. There is provision for those Orders in Council to bring provisions into force for different purposes and for different districts, regions, or areas of New Zealand. The Ministers may not recommend the making of an Order in Council to enable the regional planning committee to be initiated for any region or regions until the necessary measures are in place to protect Treaty of Waitangi settlement arrangements or as agreed by the relevant governance entities. The Ministers may make recommendations 2 years after Royal assent in the absence of such measures or agreements.

Part 1Purpose and preliminary matters

Subpart 1—Purpose and related matters

Clause 3 is the purpose clause. The purpose of the Bill is to enable the use, development, and protection of the environment in the ways specified in clause 3(a) and to recognise and uphold Oranga o te Taiao, as defined in clause 7.

Clause 4 requires all persons who exercise powers and perform functions and duties under the Bill to give effect to the principles of te Tiriti Waitangi. The equivalent provision in the RMA, section 8, requires those principles to be taken into account rather than given effect to.

Clause 5 sets out the outcomes that must be provided for by planning documents at the national and local level (system outcomes): that is, by the national planning framework (NPF) and by natural and built environment plans (plans).

Clause 6 sets decision-making principles for the Minister for the Environment (the Minister) and regional planning committees. There is an obligation on all decision makers to favour caution and proportionate protection of the environment in information is uncertain or inadequate.

Subpart 2—Other preliminary matters

Clauses 7 and 8 define terms used in the Bill.

Clauses 9 to 12 provide for the application of the Bill, for transitional matters, and for the Bill to bind the Crown. Clause 10 and Schedule 1 provide general transitional, savings, and related provisions. Clause 11 and Schedule 2 provide transitional, savings and relating provisions for upholding the integrity, intent, and effect of Treaty Settlements, the Ngā Hapū o Ngāti Porou Act 2019, and other arrangements.

Part 2Duties and restrictions

Subpart 1—Duties applying to all persons when carrying out activities under this Act.

Clause 13 provides for application of the ethic of stewardship. referring to the responsibility of the community at large to protect and sustain the health and well-being of the natural environment.

Clauses 14 and 15 create overarching duties relating to managing adverse effects and avoiding unreasonable noise.

Clause 16 provides that the Bill does not affect legal requirements under other legislation and rules of law.

Subpart 2—Restrictions relating to land, coastal marine area, river and lake beds, water, and discharges

Clauses 17 to 25 set out the general duties and restrictions that applies to the land, subdivision, the coastal marine area, lake and river beds, water, and discharges. The duties and restrictions are set by reference to rules in the NPF (framework rules), rules set by plans (plan rules), and resource consents.

Subpart 3—Existing uses that are protected

Clauses 16 to 30 are about how changes to framework rules or plan rules affect certain uses and activities that are lawfully established before a change takes effect.

Part 3National planning framework

Clause 31 defines terms used in Part 3.

Subpart 1—Requirement for national planning framework

Clause 32 requires there to be a NPF at all times.

The purpose of the NPF is set out in clause 33.

Clause 34 requires the NPF to be made in the form of regulations. The regulations will be made by Order in Council on the recommendation of the Minister.

Clause 35 is about the relationship between Te Ture Whaimana (a direction-setting document for the Waikato and Waipā Rivers) and planning instruments made under the Bill.

Clause 36 sets resource allocation principles, which are relevant as follows:

  • the Minister must have regard to them when developing certain directions in the NPF (see clause 87):

  • a planning committee must have regard to them when developing certain rules in a plan (see clause 126):

  • a consent authority must have regard to them when considering the time period which it will receive certain consent applications (see clause 306).

Subpart 2—Environmental limits and targets

Clauses 37 to 46 provide for the NPF to set environmental limits. The purpose of an environmental limit is to prevent the degradation of the ecological integrity of the natural environment and to protect human health (clause 37). Environmental limits are mandatory for some aspects of the natural environment (clause 38). An environmental limit may be set in conjunction with an interim limit (clause 41) and may be subject to exemptions (clauses 44 to 46).

Clauses 47 to 53 provide for the NPF to set targets. The purpose of a target is to help improve the state of the natural and built environment (clause 47). Targets must be measurable, have a time limit, and be designed to achieve progressive improvement over time (clause 48). Targets are mandatory for some aspects of the natural environment (clauses 49 to 52). The NPF must require monitoring of, and reporting against, limits and targets.

Clause 54 and 55 are about management units. A management unit is a geographic area defined for the purpose of planning and managing activities to meet an environmental limit or a target.

Subpart 3—Other required content

Clauses 56 to 58 require the NPF to include strategic direction and provide for monitoring (clause 56), and to provide direction on environmental outcomes and other specified matters (clauses 57 and 58).

Subpart 4—Matters that may be provided for

Clauses 59 and 60 are about discretionary NPF content. The NPF may require certain provisions of the NPF to be given effect through plans or regional spatial strategies (clause 59) and may include other content (clause 60).

Subpart 5—Effects management framework

Clauses 61 to 67 provide for an effects management framework. The framework is a means of managing adverse effects (as set out in clause 61) that must be applied to adverse effects on significant biodiversity areas and specified cultural effects and may be applied to other resources (clause 62). When applied to adverse effects on significant biodiversity areas and specified cultural effects, the effects management framework requires offsetting and redress (clause 63 and Schedules 3 to 5). Exemptions may apply (clauses 64, 66, and 67).

Subpart 6—Giving effect to national planning framework

Clauses 68 to 74 are about how the NPF is given effect through plans and regional spatial strategies (see the Spatial Planning Bill), including the agencies that will have enforcement responsibilities.

Subpart 7—Consents and permits

Clauses 75 to 79 are about how the NPF is given effect in relation to resource consent categories, applications, notification, and conditions.

Subpart 8—Other matters that national planning framework may provide for

Clauses 80 to 85 are about other matters that the NPF may provide for, including monitoring and reporting.

Subpart 9—Directions on approaches and methods

Clauses 86 enables the NPF to require a plan to direct the use of an adaptive management approach (see also clause 110). The requirements of an adaptive management approach are set out in clause 233.

Clause 87 and 88 enable the NPF to provide for certain matters relating to resource allocation.

Subpart 10—How framework relates to other instruments

Clauses 89 to 92 set out the relationships between framework rules and other instruments or decisions. These include plan rules, consents, permits, water conservation orders, bylaws, and designations.

Subpart 11—Preparation, change, and review of national planning framework

Clause 93 requires the NPF to be prepared, reviewed, and published as required by Schedule 6.

Clause 94 sets out who is the responsible Minister for provisions of the NPF that apply to particular areas. For provisions that apply only to the coastal marine area, the Minister of Conservation is the responsible Minister, but that Minister must consult the Minister for the Environment. For provisions that apply only outside the coastal marine area, the Minister for the Environment is the responsible area. For provisions that apply to both types of area, the Minister for the Environment is the responsible Minister but must consult the Minister of Conservation.

Part 4Natural and built environment plans

Subpart 1—Preliminary matters

Clause 95 requires there to be a plan for each region at all times. For that purpose, the districts of the Nelson City Council and Tasman District Council, which are unitary authorities, are treated as a single region.

Plans provide for the integrated management of the natural and built environment in the region that the plan relates to (clause 96). A plan must give effect to the NPF and be consistent with the relevant regional spatial strategy (clause 97).

Clause 98 requires plans to be made by regional planning committees using the process set out in Schedule 7. Regional planning committees must have regard to the extent to which it is appropriate for conflicts between environmental outcomes to be resolved by the plan or by resource consents or designations, subject to direction by the national planning framework (clause 99).

Clause 100 provides for the appointment of regional planning committees. Schedule 8 sets out provisions on the membership, support, and operations of a regional planning committee. A regional planning committee must have at least 6 members, some appointed by local authorities and others by Māori appointing bodies.

Subpart 2—Contents of plans

Clause 102 to 116 set out what plans must and may include.

Subpart 3—Rules in plans

Clauses 117 to 136 are about plan rules. See also Schedule 9, which is about water quality classes and is relevant to plan rules about the quality of coastal water.

Subpart 4—Miscellaneous matters relevant to the making and implementation of plans

Clauses 137 to 146 provide for miscellaneous matters that are relevant to how plans are made and implemented.

Subpart 5—Trade competition

Clauses 147 to 151 prevent effects on trade competition, on their own, from being considered a basis for making submissions or becoming a party to proceedings.

Part 5Resource consenting and proposals of national significance

Subpart 1—Preliminary matters

Clause 152 sets out the types of resource consent provided for by the Bill. These are:

  • land use consents:

  • subdivision consents:

  • coastal permits:

  • water permits:

  • discharge permits.

Clause 153 sets out the activity categories provided by the Bill. These are:

  • permitted activities (no resource consent required, but other requirements may apply):

  • controlled activities (resource consent required, consent authority makes decisions in accordance with relevant provisions of NPF or plan and within limited discretion conferred by them):

  • discretionary activities (resource consent required, consent authority makes decisions in accordance with relevant provisions of NPF or plan):

  • prohibited activities (no resource consent may be applied for or granted).

Clause 154 sets out the general rules for determining which category applies to an activity. Clauses 155 to 159 provide for other matters that are relevant to determining activity categories.

See also Schedule 11, which is about information required in applications for resource consent.

Subpart 2—Right to apply for resource consent in relation to certain resources

Clauses 160 to 162 are about the right to apply for a resource consent for activities to which a market-based allocation method applies (see clause 88).

Subpart 3—Application for resource consent

Clauses 163 to 197 provide for how consent applications are made and processed.

Subpart 4—Notification of applications for resource consent

Clauses 198 to 213 are about the notification of consent applications.

The purpose of notifying an application for resource consent is to obtain further information about the application from individuals or members of the public and, through that information, to better understand the proposed activity and its effects (clause 198).

Clauses 199 to 208 are about how the notification status of an activity is determined (see clause 205) and who should be notified or informed of an application for resource consent (see clause 206).

Clauses 209 to 213 are about how to make submissions about an application for resource consent, if it is notified. A consent authority may invite or require the applicant and submitters to attend a preliminary meeting.

Subpart 5—Hearings and decisions

Clauses 214 to 222 provide for mediation and hearings on an application for a resource consent that has been notified.

Clauses 223 to 230 are about how consent applications are decided.

Clauses 231 to 240 are about conditions that may be included in a resource consent, if it is granted.

Clauses 241 to 243 provides for how and when decisions on consent applications must be given and who must be notified of the decision.

Clauses 244 to 252 provide for the use of alternative dispute resolution methods (ADR). ADR may be mandatory, if required by a plan, or voluntary.

Clauses 253 and 254 provide certain persons with a right of appeal against a consent authority’s decision on an application for resource consent, an application for a change of consent conditions, or a review of consent conditions.

Subpart 6—Nature of consents, review, and transfer

Clauses 255 to 257 are about the nature of resource consents.

Clauses 258 to 265 are about when resource consents commence.

Clauses 266 to 276 are about the duration of resource consents.

Clauses 277 to 284 are about when and how consent conditions can be reviewed.

Clauses 285 to 290 are about when resource consents can be transferred.

Clause 291 is about when and how the holder of a resource consent may surrender it, and their ongoing obligations.

Clause 292 authorises people other than the consent holder to act under a resource consent if they have the consent holder’s permission. Some restrictions apply.

Clause 293 makes special provision for how consent authorities are to consider applications for certain coastal permits (for dumping and incineration).

Clauses 294 to 298 provide for consent authorities to issue certificates of compliance for activities that may be done lawfully in a particular location without a resource consent.

Clauses 299 to 301 provide for consent authorities to issue certificates of existing use for activities that are being done lawfully in a particular location on the date on which the certificate is issued.

Clauses 302 and 303 provide for consent authorities to issue permitted activity notices as required by the NPF or a plan.

Subpart 7—Affected application pathway

Clauses 304 to 314 provide an alternative consenting pathway for affected applications. A consent application is an affected application if a framework rule or plan rule requires it to be heard, processed, and determined under subpart 7 of Part 5. Affected applications are decided by consent authorities.

Subpart 8—Specified housing and infrastructure fast-track consenting process

Clauses 315 to 327 provide an alternative consenting prcoess for the activities listed in clause 316 (eligible activities), which relate to communications, energy, housing, transport, water, and other central and local government assets. Consent applications or notices of requirement for eligible activities go the Environmental Protection Authority (EPA), and the Minister for the Environment decides whether to accept them. The decision on the application or notice of requirement is made by an expert consenting panel. The panel decides whether it is appropriate to hold a hearing.

Subpart 9—Proposals of national significance

Clauses 328 to 348 provide an alternative consenting pathway for matters that are, or are part of, a proposal of national significance. The Minister may refer the matter to a board or inquiry or the Environment Court for decision.

Subpart 10—How matter is decided if direction made to refer matter to board of inquiry or court

Clauses 349 to 360 are about how a matter is decided if it is referred to a board of inquiry or the Environment Court for decision under subpart 9.

Subpart 11—Miscellaneous provisions

Clauses 361 to 377 makes further provision in relation to matters that are referred to a board of inquiry or the Environment Court for decision under subpart 9.

Part 6Water and contaminated land management

Subpart 1—Water conservation orders

Clauses 378 to 398 provide for water conservation orders.

The purpose of a water conservation order is to recognise and sustain the amenity or intrinsic value of waters (clause 378). An application for a water conservation order is made to the Minister (clause 380). The Minister appoints a special tribunal to hear and report on the application (clause 381). Certain persons may make submissions to the Environment Court on the special tribunal’s report (clause 388). If it receives submissions, the Environment Court must conduct a public inquiry into the report (clause 389). After the public inquiry, the Environment Court reports to the Minister (clause 392). The Minister decides whether to recommend that a water conservation order be made (clause 393).

The legal effect of a water conservation order is set out in clause 396.

Clause 397 sets out the relationship between plans and water conservation orders.

A water conservation order may trigger changes to a plan (clause 398).

Subpart 2—Freshwater farm plans

Clauses 399 to 411 are about freshwater farm plans.

The purpose of subpart 2 of Part 6 is to better control the adverse effects of farming on freshwater and freshwater ecosystems in the parts of New Zealand that are specified by an Order in Council (clauses 399 and 401).

The operators of farms in the specified parts of New Zealand must have a certified freshwater farm plan if the farms meet the threshold set out in clause 402.

Clause 410 sets out the relationship between certified freshwater farm plans and designations, framework rules, plan rules, resource consents, water conservation orders, and regulations.

Clause 411 is an empowering provision for regulations relating to freshwater farm plans.

Subpart 3—Freshwater: effect of certain nutrients on quality and ecosystems

Clauses 412 to 415 are intended to enable better monitoring of actions taken to improve freshwater quality and freshwater ecosystems (clause 412). Regulations may require people to collect and provide information relating to the sale and purchase of nitrogenous fertiliser (clause 414).

Subpart 4—Contaminated land

Clauses 416 to 427 provide a framework for managing contaminated land as described in clause 416.

Part 7Coastal matters

Subpart 1—Occupation of common marine and coastal area

Clauses 428 to 472 make special provision about consent applications for the occupation of space in the common marine and coastal area, including:

  • how plans may deal with the allocation of space in the common marine and coastal area; and

  • how authorisations for space in the common marine and coastal area are allocated and processed.

Subpart 2—Order in which applications by existing consent holders are to be processed

Clauses 473 to 476 are about applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities. These provisions apply only to applications made at a time when the method of allocations for the space and the activity is not provided for by the plan.

Subpart 3—Aquaculture zones

Clauses 477 to 480 are about aquaculture zones, how aquaculture zone decisions are made, and when applications may be made for coastal permits for aquaculture activities in an aquaculture zone.

Subpart 4—Coastal tendering

Clauses 481 to 496 are about the following activities in the coastal marine area:

  • the removal of sand, shingle, shell, or other natural material; and

  • the reclamation or drainage of any foreshore or seabed.

An Order in Council made under clause 483 may require people to have an authorisation for the activity before they apply for a coastal permit that would allow them to undertake it. The Minister for the Environment may offer authorisations by public tender (clause 488).

Part 8Matters relevant to natural and built environment plans

Subpart 1—Designations

Clauses 497 to 540 are about designations. Clauses 516 and 517 set the effect of including a designation in a plan. Clause 518 sets out the effect of a notice of requirement for a designation during the period before the requirement is included in the plan, cancelled, or withdrawn.

Subpart 2—Heritage protection orders

Clauses 541 to 554 provide for heritage protection orders. The effect of a heritage protection order is set out in clause 545.

Subpart 3—Places of national importance, including places of significant biodiversity and areas of highly vulnerable biodiversity

Clauses 555 to 567 make special provision for protecting places of national importance. Clause 559 describes how these places are protected.

Part 9Subdivision and reclamation

Subpart 1—Subdivision of land

Clauses 569 to 596 sets out requirements relating to subdividing land, including how survey plans for subdivisions are approved by the territorial authority and deposited by the Registrar-General of Land.

Subpart 2—Reclamations

Clauses 597 to 603 set out requirements relating to reclamations, including about how survey plans for reclamations are approved by the territorial authority and deposited by the Registrar-General of Land.

Subpart 3—Esplanade reserves, esplanade strips, and access strips

Clauses 604 to 614 are about when esplanade reserves, esplanade strips, and access are required and how they are set aside or created. Schedule 11 sets out further provisions about how esplanade strips and access strips are created.

Subpart 4—Subdivision consent conditions and related provisions

Clauses 615 to 629 are about consent conditions and other requirements relating to subdivisions.

Part 10Exercise of functions, powers, and duties under this Act

Subpart 1—Functions, powers, and duties of Ministers

Clauses 630 to 638 set out functions, powers, and duties of the Minister for the Environment, the Minister of Conservation, and the Minister responsible for aquaculture, and how they may be delegated by Ministers.

Subpart 2—Environmental Protection Authority

Clauses 639 to 641 set out functions of the EPA and how they may be delegated to Ministers.

Subpart 3—Functions of regional planning committees

Clause 642 sets out the functions of regional planning committees.

Subpart 4—Matters for which local authorities are responsible

Clauses 643 to 658 is about the functions of local authorities and the matters for which they are responsible.

Subpart 5—National Maori Entity

Clauses 659 to 674 establish and make provision for a National Māori Entity. The purpose of the National Māori Entity is set out in clause 660.

Subpart 6—Mana Whakahono a Rohe

Clauses 675 to 688 provide for Mana Whakahono ā Rohe. Clause 676 sets out the purpose of adopting a Mana Whakahono ā Rohe, and clause 677 sets out the guiding principles participating authorities must use to initiate, develop, and implement them.

Subpart 7—Freshwater Working Group

Clauses 689 to 693 establish and set requirements relating to the Freshwater Working Group. Clause 690 sets out the purpose of the Working Group.

Part 11Compliance and enforcement

Subpart 1—Enforcement and compliance measures ordered by Environment Court

Clauses 695 to 722 provide for enforcement and compliance measures ordered by the Environment Court. These include declarations, enforcement orders, abatement notices, excessive noise restrictions, monetary benefit orders, and a power to revoke or suspend resource consents.

Subpart 2—Enforceable undertakings

Clauses 723 to 730 are about enforceable undertakings. Clause 731 provides for adverse publicity orders.

Subpart 3—Financial assurances

Clauses 732 to 750 are about financial assurances and bonds.

Subpart 4—Miscellaneous provisions relating to compliance and enforcement action

Clauses 751 to 758 are miscellaneous provisions that relate to emergency works.

Subpart 5—Offences, penalties, and related provisions

Clause 759 to 781 provide for offences and associated penalties, infringement offences, pecuniary penalties, and cost recovery.

Subpart 6—Provisions relating to monitoring, etc

Clauses 782 to 787 are about compliance and monitoring.

Subpart 7—Enforcement functions of EPA

Clauses 795 to 802 are about the EPA’s enforcement functions.

Part 12Miscellaneous provisions

Clauses 803 to 858 provide for a range of miscellaneous matters, including procedural and information principles, service of documents, the gathering and sharing of information, administrative charges, rights of objection, and regulation-making powers.

Clause 803 and Schedule 13 continue the Environment Court and make provision for its constitution, membership, powers, and procedure.

Clause 859 is about the relationship between the provisions of the Bill and any function, power, or duty imposed or conferred on a local authority or other public body by Acts that include statutory acknowledgements. These Acts are listed in Schedule 13. In the case of a conflict, the provisions of the Bill prevail.

Clause 860 repeals the RMA.

Clause 861 makes the consequential amendments set out in Schedule 15.

Schedules

There are 15 schedules, providing for matters relevant to the Bill as follows:

  • Schedule 1 sets out the transition provisions required:

  • Schedule 2 provides transitional arrangements relevant to the intention to uphold, within the reformed systems provided for by this Bill, redress arrangements in Treaty of Waitangi settlements, the NHNP Act, and other arrangements with Māori that were designed for implementationin the context of the RMA:

  • Schedules 3, 4, and 5 set out principles for offsetting and redress in relation to biodiversity and cultural heritage:

  • Schedule 6 sets out the process for preparing, changing, and reviewing the national planning framework:

  • Schedule 7 sets out the process for preparing, changing, and reviewing natural and built environment plans:

  • Schedule 8 sets out provisions relating to the membership, support, and operations of regional planning committees:

  • Schedule 9 describes the water quality classes relevant to the management of water:

  • Schedule 10 describes the information that is required to support resource consent applications:

  • Schedule 11 contains provisions relevant to esplanade strips and access strips:

  • Schedule 12 makes provision for the incorporation of documents by reference and the applicable conditions:

  • Schedule 13 provides for the continuation of the Environment Court and its Judges and Commissioners. including their jurisdiction and operations:

  • Schedule 14 sets out a list of the Acts that include a statutory acknowledgement as part of the redress provided in Treaty of Waitangi settlements:

  • Schedule 15 sets out the amendments to other legislation required as a result of the changes proposed by this Bill.

Hon David Parker

Natural and Built Environment Bill

Government Bill

186—1

Contents

Explanatory note
1Title
2Commencement
3Purpose of this Act
4Tiriti o Waitangi
5System outcomes
6Decision-making principles
7Interpretation
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
31Interpretation
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
147Interpretation
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
214Mediation
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
234Bonds
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
328Interpretation
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
399Purpose
400Interpretation
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
412Purpose
413Meaning of nitrogenous fertiliser
414Obligation to comply with regulations
415Regulations
416Purpose
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
467Interpretation
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
473Application
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
481Application
482Interpretation
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
497Interpretation
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
555Interpretation
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
568Interpretation
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
666Membership
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
675Definitions
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
694Interpretation
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
711Appeals
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
734Bonds
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
765Penalties
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
778Amount
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
795Interpretation
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
837Reporting
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
860Repeal
861Consequential amendments

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Natural and Built Environment Act 2022.

2 Commencement

(1)

The following provisions come into force on the day after Royal assent:

(a)

Parts 1 and 3, Part 12 (except sections 860 and 861), and Schedule 14:

(b)

section 16:

(c)

subpart 3 of Part 2 (sections 26 to 30):

(d)

subpart 5 of Part 4 (sections 147 to 151):

(e)

sections 399 to 411:

(f)

section 782:

(g)

section 789:

(h)

Schedules 1, 2, 3, 4, 5, 6, 10, and 13:

(i)

clause 8 of Schedule 11.

(2)

Sections 499 to 502 come into force 3 months after Royal assent.

(3)

The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council made on the recommendation of the Minister for the Environment.

(4)

One or more Orders in Council may be made under this section appointing different dates for the commencement of different provisions and for different purposes.

(5)

An Order in Council may bring different provisions of this Act into force on different dates for—

(a)

different districts or regions of local authorities; or

(b)

any area of New Zealand specified in the order.

(6)

An Order in Council made under this section on the recommendation of the Minister for the Environment and the Minister for Māori Crown Relations: Te Arawhiti and, in the case of the Gisborne region, also on the recommendation of the Minister for Treaty of Waitangi Negotiations, may bring into force on 1 or more dates provisions to enable the regional planning committee composition process set out in Schedule 8 to be initiated for any region or regions.

(7)

The Ministers may make a recommendation under subsection (6) only if—

(a)

amendments to provisions of the relevant Treaty settlement legislation, as agreed by the relevant governance entities, have been enacted; or

(b)

the relevant governance entities, Ngā hapū o Ngāti Porou, and the relevant iwi or hapū have reached agreement on the transitioning of existing Mana Whakahono ā Rohe and Joint Management Arrangements; or

(c)

in the absence of that enactment or those agreements, 2 years has elapsed since the date on which this Act received the Royal assent.

(8)

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Part 1 Purpose and preliminary matters

Subpart 1—Purpose and related matters

3 Purpose of this Act

The purpose of this Act is to—

(a)

enable the use, development, and protection of the environment in a way that—

(i)

supports the well-being of present generations without compromising the well-being of future generations; and

(ii)

promotes outcomes for the benefit of the environment; and

(iii)

complies with environmental limits and their associated targets; and

(iv)

manages adverse effects; and

(b)

recognise and uphold te Oranga o te Taiao.

4 Tiriti o Waitangi

All persons exercising powers and performing functions and duties under this Act must give effect to the principles of te Tiriti o Waitangi.

5 System outcomes

To assist in achieving the purpose of this Act, the national planning framework and all plans must provide for the following system outcomes:

(a)

the protection or, if degraded, restoration, of—

(i)

the ecological integrity, mana, and mauri of—

(A)

air, water, and soils; and

(B)

the coastal environment, wetlands, estuaries, and lakes and rivers and their margins; and

(C)

indigenous biodiversity:

(ii)

outstanding natural features and outstanding natural landscapes:

(iii)

the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins:

(b)

in relation to climate change and natural hazards, achieving—

(i)

the reduction of greenhouse gas emissions:

(ii)

the removal of greenhouse gases from the atmosphere:

(iii)

the reduction of risks arising from, and better resilience of the environment to, natural hazards and the effects of climate change:

(c)

well functioning urban and rural areas that are responsive to the diverse and changing needs of people and communities in a way that promotes—

(i)

the use and development of land for a variety of activities, including for housing, business use, and primary production; and

(ii)

the ample supply of land for development, to avoid inflated urban land prices; and

(ii)

housing choice and affordability; and

(ii)

an adaptable and resilient urban form with good accessibility for people and communities to social, economic, and cultural opportunities; and

(d)

the availability of highly productive land for land-based primary production:

(e)

the recognition of, and making provision for, the relationship of iwi and hapū and the exercise of their kawa, tikanga (including kaitiakitanga), and mātauranga in relation to their ancestral lands, water, sites, wāhi tapu, wāhi tūpuna, and other taonga:

(f)

the protection of protected customary rights and recognition of any relevant statutory acknowledgement:

(g)

the conservation of cultural heritage:

(h)

enhanced public access to and along the coastal marine area, lakes, and rivers:

(i)

the ongoing and timely provision of infrastructure services to support the well-being of people and communities.

6 Decision-making principles

(1)

To assist in achieving the purpose of this Act, the Minister and every regional planning committee, in making decisions under the Act, must—

(a)

provide for the integrated management of the environment; and

(b)

actively promote the outcomes provided for under this Act; and

(c)

recognise the positive effects of using and developing the environment to achieve the outcomes; and

(d)

manage the effects of using and developing the environment in a way that achieves, and does not undermine, the outcomes; and

(e)

manage the cumulative adverse effects of using and developing the environment.

(2)

If, in relation to making a decision under this Act, the information available is uncertain or inadequate, all persons exercising functions, duties, and powers under this Act must favour—

(a)

caution; and

(b)

a level of environmental protection that is proportionate to the risks and effects involved.

(3)

All persons exercising powers and performing functions and duties under this Act must recognise and provide for the responsibility and mana of each iwi and hapū to protect and sustain the health and well-being of te taiao in accordance with the kawa, tikanga (including kaitiakitanga), and mātauranga in their area of interest.

Subpart 2—Other preliminary matters

Definitions

7 Interpretation

In this Act, unless the context otherwise requires,—

abatement notice means a notice served under section 708

abiotic means non-living parts of the environment

access strip means a strip of land created by the registration of an easement in accordance with clause 6 of Schedule 12

accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

accredited means holding a qualification approved and notified under clause 82 of Schedule 7

ADR process has the meaning given in clause 60 of Schedule 13

adverse effect does not include a trivial effect

affected application has the meaning given in section 304

affected application consenting process means the process described in sections 305 to 314

affected person means a person who is specified by or under this Act as an affected person in relation to an application for a resource consent or a matter

agent and agent of a ship means—

(a)

an agent in New Zealand of the owner of a ship; or

(b)

an agent of a ship

aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth

airport means any defined area of land or water intended or designed to be used, whether wholly or partly, for the landing, departure, movement, or servicing of aircraft

allocation framework means any directions in the national planning framework under section 87 relating to allocation methods and includes provisions in any plan that give effect to those directions

allocation method means, except in Part 7, a method to determine the allocation of a resource, and includes (but is not limited to) the following:

(a)

consensus:

(b)

standard consenting process:

(c)

affected application pathway:

(d)

auction or tender

allotment has the meaning given in section 570

applicant for the purposes of Part 5, has the meaning given in section 328

aquaculture activities

(a)

means any activity described in section 19 that is carried out for the purpose of the breeding, hatching, cultivating, rearing, or ongrowing fish, aquatic life, or seaweed for harvest if the breeding, hatching, cultivating, rearing, or ongrowing involves the occupation of a coastal marine area; and

(b)

includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but

(c)

does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—

(i)

is not in the exclusive and continuous possession or control of the person undertaking the activity; or

(ii)

cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed; and

(d)

does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment

aquaculture settlement area has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004

aquaculture zone means an area established in a plan for the purpose of managing aquaculture activities

aquaculture zone decision has the meaning given in section 186C of the Fisheries Act 1996

aquatic life has the meaning given in section 2(1) of the Fisheries Act 1996

arable land use means the use of land to grow any of the following crops for harvest:

(a)

grain cereal, legumes, or pulse grain:

(b)

herbage seed:

(c)

oilseed:

(d)

maize grain, maize silage, cereal silage, or mangels:

(e)

crops grown for seed multiplication:

(f)

a crop prescribed in regulations made under section 411(1)(a)

area of interest means the area that iwi authorities or groups representing hapū identify as their traditional rohe

auditor, in relation to freshwater farm plans, has the meaning given in section 400

bed means,—

(a)

in relation to a river,—

(i)

for the purposes of esplanade reserves, esplanade strips, and subdivisions, the space of land that the waters of the river cover at its annual fullest flow without overtopping its banks:

(ii)

in all other cases, the space of land that the waters of the river cover at its fullest flow without overtopping its banks; and

(b)

in relation to a lake (other than a lake controlled by artificial means),—

(i)

for the purposes of esplanade reserves, esplanade strips, and subdivisions, the space of land that the waters of the lake cover at its highest level without exceeding its margin:

(ii)

in all other cases, the space of land that the waters of the lake cover at its highest level without exceeding its margin; and

(c)

in relation to a lake controlled by artificial means, the space of land that the waters of the lake cover at its maximum permitted operating level:

(d)

in relation to the sea, the submarine areas covered by the internal waters and the territorial sea

benefits and costs includes benefits and costs of any kind, whether monetary or non-monetary

best practicable option, in relation to a discharge of a contaminant or an emission of noise, means the best method for preventing or minimising the adverse effects on the environment having regard, among other things, to—

(a)

the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and

(b)

the financial implications, and the effects on the environment, of that option when compared with other options; and

(c)

the current state of technical knowledge and the likelihood that the option can be successfully applied

biophysical means relating to biotic or abiotic physical features

business land means land that is zoned for business use in an urban area, including, for example, the following zones:

(a)

business and business parks:

(b)

business centres, to the extent that the zone allows business uses:

(c)

commercial:

(d)

industrial:

(e)

mixed use, to the extent that the zone allows business uses:

(f)

retail

cadastral survey dataset has the meaning given in section 4 of the Cadastral Survey Act 2002

certificate of approval has the meaning given in section 568

certificate of code compliance, in relation to a survey plan for a subdivision of land, has the meaning given in section 568

certificate of completion, in relation to a subdivision consent, has the meaning given in section 568

certificate of compliance means a certificate granted by a consent authority or the EPA under section 295

certificate of compliance with consent conditions, in relation to a subdivision consent, has the meaning given in section 568

certified freshwater farm plan has the meaning given in section 400

certifier has the meaning given in section 400

chief executive means the chief executive of the Ministry for the Environment

CIP has the meaning given in section 497

clause 94 order has the meaning given in clause 1 of Schedule 13

climate change means a change of climate that is—

(a)

attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and

(b)

in addition to natural climate variability observed over comparable time periods

closed register has the meaning given in section 555

coastal marine area means the foreshore, seabed, and coastal waters, and the air space above the water,—

(a)

of which the seaward boundary is the outer limits of the territorial sea; and

(b)

of which the landward boundary is the line of mean high-water springs, except that where that line crosses a river, the landward boundary at that point is whichever is the lesser of—

(i)

1 kilometre upstream from the mouth of the river; or

(ii)

the point upstream that is calculated by multiplying the width of the river mouth by 5

coastal permit has the meaning set out in section 152

coastal water means seawater within the outer limits of the territorial sea, and includes—

(a)

seawater with a substantial freshwater component; and

(b)

seawater in estuaries, fiords, inlets, harbours, or embayments

commercial aquaculture has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004

commercial fishing has the meaning given in section 2(1) of the Fisheries Act 1996

common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

company lease means a lease or licence (including a licence within the meaning of section 122 of the Land Transfer Act 2017) or other right of occupation of any building or part of any building on, or to be erected on, any land—

(a)

that is granted by a company owning an estate or interest in the land; and

(b)

that is held by a person by virtue of being a shareholder in the company

conditions, in relation to plans and resource consents, includes terms, standards, restrictions, and prohibitions

consent authority means a local authority or other person whose permission is required to carry out an activity for which a resource consent is required under this Act

conservation area has the meaning given in section 568

conservation planning document has the meaning given in section 555

constable has the meaning given in section 4 of the Policing Act 2008

constituent districts, in relation to a region, means the districts that lie wholly or in part within the boundaries of the region

contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat that either by itself or in combination with the same, similar, or other substances, energy, or heat,—

(a)

when discharged into water, changes or is likely to change the physical, chemical, or biological condition of the water; or

(b)

when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged

contaminated land means land where a contaminant is present—

(a)

in any physical state in, on, or under the land; and

(b)

in concentrations that—

(i)

exceed an environmental limit; or

(ii)

pose an unacceptable risk to human health or the environment

contravene includes to fail to comply with

controlled activity means an activity described in section 153

critical habitat has the meaning given in section 555

cross lease means a lease of a building or part of a building on, or to be erected on, on land that is—

(a)

granted by an owner of the land; and

(b)

held by a person who has an estate or interest in an undivided share in the land

Crown organisation has the meaning given in section 4 of the Crown Organisations (Criminal Liability) Act 2002

cultural heritage

(a)

means those aspects of the environment that contribute to an understanding and appreciation of New Zealand’s history and cultures that possess any of the following qualities:

(i)

archaeological:

(ii)

architectural:

(iii)

cultural:

(iv)

historic:

(v)

scientific:

(vi)

technological; and

(b)

includes—

(i)

historic sites, structures, places, and areas; and

(ii)

archaeological sites; and

(iii)

sites of significance to Māori, including wāhi tapu and wāhi tūpuna; and

(iv)

the surroundings associated with sites referred to in subparagraphs (i) to (iii); and

(v)

cultural landscapes

customary marine title agreement means an agreement entered into under section 95 of the Marine and Coastal Area (Takutai Moana) Act 2011

customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

deposit, in relation to a survey plan,—

(a)

means a deposit by the Registrar-General of Land under the Land Transfer Act 2017; and

(b)

includes approval by the chief executive of Land Information New Zealand under section 579(3) (which section 579(4)(a) deems to be a deposit by the Registrar-General of Land)

deposit requirements has the meaning given in section 568

designation means a provision made in a plan to give effect to a notice of requirement made by a requiring authority under section 503 and any associated primary CIP

determination, in relation to coastal permits for aquaculture activities, has the meaning given in section 264

development capacity, in relation to housing and business land, means the capacity of land for urban development, based on—

(a)

the zoning, outcomes, policies, rules, and overlays that apply to the land under the relevant proposed and operative plans; and

(b)

the capacity to meet—

(i)

the expected medium-and short-term requirements; and

(ii)

the long-term requirements

(c)

the provision of adequate development infrastructure to support the development of the land

development infrastructure means the network of infrastructure for—

(a)

water supply, wastewater, and storm water; and

(b)

land transport (as defined in section 5(1) of the Land Transport Management Act 2003), to the extent that it is controlled by the local authorities

Director of Maritime New Zealand and Director mean the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994

discharge includes to emit, deposit, and allow to escape

discharge permit has the meaning set out in section 152(e)

discretionary activity means an activity described in section 153

district, in relation to a territorial authority,—

(a)

means the district of the territorial authority as determined in accordance with the Local Government Act 2002; and

(b)

includes, for the purposes of section 196, any area in the coastal marine area

dumping

(a)

means,—

(i)

in relation to waste or other matter, its deliberate disposal; and

(ii)

in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment; but

(b)

does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation, if—

(i)

those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation; or

(ii)

the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter

dwellinghouse means—

(c)

any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and

(d)

includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but

(e)

does not include the land upon which the residence is sited

ecological integrity means the ability of the natural environment to support and maintain the following:

(a)

representation: the occurrence and extent of ecosystems and indigenous species and their habitats; and

(b)

composition: the natural diversity and abundance of indigenous species, habitats, and communities; and

(c)

structure: the biotic and abiotic physical features of ecosystems; and

(d)

functions: the ecological and physical functions and processes of ecosystems

ecosystem means any system of organisms interacting with their physical environment and with each other, at any scale

effect

(a)

includes, irrespective of the scale, intensity, duration, or frequency,—

(i)

any positive or adverse effect; and

(ii)

any temporary or permanent effect; and

(iii)

any past, present, or future effect; and

(iv)

any cumulative effect arising over time or in combination with other effects; and

(b)

also includes—

(i)

any potential effect of high probability; and

(ii)

any potential effect of low probability which has a high potential impact

effects management framework means the framework described in section 31 in Part 3

eligible infrastructure has the meaning given in section 8 of the Infrastructure Funding and Financing Act 2020

emissions reduction plan means the emissions reduction plan or national adaptation plan prepared under the Climate Change Response Act 2000

employee includes,—

(a)

in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and

(b)

in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) of the Defence Act 1990)

enforceable undertaking means an undertaking accepted by an NBE regulator under section 723

enforcement action has the meaning given in section 795

enforcement function has the meaning given in section 795

enforcement officer, in relation to any provision of this Act, means a person appointed by a local authority, consent authority, the Department of Conservation, or the EPA to exercise the functions, powers, or duties of an enforcement officer under that provision

engagement agreement means an agreement provided for under Part 1 of Schedule 7

environment means, as the context requires,—

(a)

the natural environment:

(b)

people and communities and the built environment that they create:

(c)

the social, economic, and cultural conditions that affect the matters stated in paragraphs (a) and (b) or that are affected by those matters

Environment Court means the Environment Court continued by clause 3 of Schedule 13

environmental contribution and contribution mean a contribution—

(a)

in money:

(b)

in land, including an esplanade or esplanade strip (other than if required in respect of a subdivision):

(c)

as a combination of money and land; but

(d)

do not include Maori land (within the meaning of Te Ture Whenua Maori Act 1993), unless that Act provides otherwise

environmental limit means a limit set for ecological integrity of human health, as provided for in sections 39 and 40

Environmental Protection Authority and EPA mean the authority established by section 7 of the Environmental Protection Authority Act 2011

esplanade reserve means a reserve within the meaning of the Reserves Act 1977—

(a)

that is—

(i)

a local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 588; or

(ii)

a reserve vested in the Crown or a regional council under section 614; and

(b)

that is vested in the territorial authority, regional council, or the Crown for 1 or more purposes set out in section 604

esplanade strip means a strip of land created by the registration of an instrument in accordance with section 612 for a purpose or purposes set out in section 604

existing use certificate means a certificate issued under section 299 or 300

exploration has the meaning given in section 2(1) of the Crown Minerals Act 1991

extended order means a clause 94 order with the extended effect described in clause 94(4) of Schedule 13

farm operator has the meaning given in section 400

fish has the same meaning as in section 2(1) of the Fisheries Act 1996

fisheries resources has the same meaning as in section 2(1) of the Fisheries Act 1996

fishing has the same meaning as in section 2(1) of the Fisheries Act 1996

foreshore

(a)

means any land covered and uncovered by the flow and ebb of the tide at mean spring tides; but

(b)

in relation to land that forms part of the bed of a river, does not include any area that is not within the coastal marine area

framework outcomes means outcomes provided for in the national planning framework

framework rule means a rule in the national planning framework

freshwater means all water except coastal water and geothermal water

geothermal energy

(a)

means energy derived or derivable from, and produced with earth by natural heat phenomena; and

(b)

includes all geothermal water

geothermal water

(a)

means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more; and

(b)

includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena

greenhouse gas has the meaning given in section 4(1) of the Climate Change Response Act 2002

HAIL means the Hazardous Activities and Industries List published on an Internet site maintained by the Ministry for the Environment

harmful substance means any substance prescribed by regulations as a harmful substance for the purpose of this definition

harvestable spat has the meaning given in section 2(1) of the Fisheries Act 1996

hazardous substance includes any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance

heritage protection authority means—

(a)

any Minister of the Crown, including—

(i)

the Minister of Conservation acting either on their own initiative or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and

(ii)

the Minister for Māori Development acting either on their own initiative or on the recommendation of any iwi authority, group representing hapū, or other Māori entity with interests in a given place:

(b)

a local authority acting either on its own initiative or on the recommendation of any iwi authority, group representing hapū, or other Māori entity with interests in a given place:

(c)

Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 13(1)(i) of the Heritage New Zealand Pouhere Taonga Act 2014:

(d)

any Māori entity or body corporate that is approved as a heritage protection authority under section 541

heritage protection order means an interim order made by a heritage protection authority and notified under section 543 to protect the place identified in the order until the order ends under section 545(4)(b)

highly vulnerable biodiversity area and HVBA have the meaning given in section 555

horticultural land use has the meaning given in section 400

IHP means an independent hearings panel

incident, for the purposes of Part 11, have the meaning given in section 795

incinerate, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction

indigenous biodiversity

(a)

means the variety of indigenous living organisms and the ecological complexes of which they are a part; and

(b)

includes diversity within species, between species, and the diversity of ecosystems

industrial or trade premises

(a)

means—

(i)

premises used for industrial or trade purposes; and

(ii)

premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes; or

(iii)

premises used for composting organic materials; or

(iv)

other premises from which a contaminant is discharged in connection with any industrial or trade process; but

(b)

does not include any production land

industrial or trade process includes—

(a)

every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material; and

(b)

any intervening storage of the raw material, partly processed matter, or product

infrastructure means the structures, facilities and networks required to support the functioning of communities and the health and safety of people and includes:

(a)

infrastructure provided by a requiring authority; and

(b)

infrastructure provided by a network utility operator; and

(c)

eligible infrastructure within the meaning of section 8 of the Infrastructure Funding and Financing Act 2020; and

(d)

activities undertaken by Kāinga Ora under section 131 of the Urban Development Act 2020; and

(e)

nationally significant infrastructure within the meaning of section 9 of the Urban Development Act 2020; and

(f)

district or regional resource recovery or waste disposal facilities; and

(g)

a relevant school or institution as defined in the Education and Training Act 2020; and

(h)

a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; and

(i)

fire and emergency services facilities

infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 775 as the infringement fee for the offence

infringement offence means an offence specified as such in regulations made under section 775

interim enforcement order means an order made under section 702

internal waters has the meaning given in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

intrinsic values, in relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including—

(a)

their biological and genetic diversity; and

(b)

the essential characteristics that determine an ecosystem’s integrity, form, functioning, and resilience

iwi authority means the authority that represents an iwi and which is recognised by that iwi as having the authority to do so

iwi and hapū participation legislation means legislation (other than this Act) that provides a role for iwi or hapū in processes under this Act, including—

(a)

the Acts listed in of the Treaty of Waitangi Act 1975; and

(b)

the Acts listed in Schedule 14

joint management agreement means an agreement that—

(a)

is made by a local authority with 1 or more—

(i)

public authorities, as defined in paragraph (b) of the definition of public authority:

(ii)

iwi authorities or groups that represent hapu; and

(b)

provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority’s functions, powers, or duties under this Act relating to a natural or physical resource; and

(c)

specifies the functions, powers, or duties; and

(d)

specifies the natural or physical resource; and

(e)

specifies whether the natural or physical resource is in the whole of the region or district or part of the region or district; and

(f)

may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and

(g)

if paragraph (f) applies, specifies how the parties to the joint management agreement are to make decisions; and

(h)

may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding

kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources

lake means a body of freshwater which is entirely or nearly surrounded by land

land

(a)

includes land covered by water and the airspace above land; and

(b)

in a framework rule or plan rule dealing with a matter within the responsibility of a regional council under section 644, does not include the bed of a lake or river; and

(c)

in a framework rule or a plan rule dealing with a matter within the responsibility of a territorial authority under section 646, includes the surface of water in a lake or river

land use consent has the meaning given in section 152

lawyer has the meaning given in section 6 of the Lawyers and Conveyancers Act 2006

limited notification means serving notice on any affected person within any applicable time limit specified by or under this Act

limited order means an order with the limited effect described in clause 94(3) of Schedule 13

local authority, other than for the purposes of Part 5,—

(a)

means a regional council or territorial authority; and

(b)

includes a unitary authority; but

(c)

for the purposes of Part 5, has the meaning given in section 328

local board has the meaning given in section 5(1) of the Local Government Act 2002

mahinga mātaitai means the area from which food resources are gathered

Mana Whakahono ā Rohe means an iwi and hapū participation arrangement entered into under subpart 6 of Part 10

mana whenua means customary authority exercised by an iwi or hapū in an identified area

management unit has the meaning given in section 31

Māori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993

marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

marine incineration facility has the meaning given in section 257 of the Maritime Transport Act 1994

Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

market-based allocation method means auction, tender, or any other method by which the allocation of a right to apply for a resource consent is determined through a process involving competing offers

master, in relation to a ship, has the meaning given in section 2(1) of the maritime Transport Act 1994

mātaitai means food resources from the sea

mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991

minimum level target has the meaning given in section 49(3)

Minister means the Minister of the Crown who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Minister for Oceans and Fisheries means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, has overall responsibility of fisheries

Minister of Conservation means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the Conservation Act 1987

Minister responsible for aquaculture means the Minister who under the authority of a warrant or with the authority of the Prime Minister, has overall responsibility for aquaculture activities

mouth, for the purpose of defining the landward boundary of the coastal marine area, means the mouth of the river, either—

(a)

as agreed and set by the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed plan or plan change; or

(b)

as declared by the Environment Court under section 696 upon application by the Minister of Conservation, the regional council, or the territorial authority before the plan or plan change becomes operative; but

(c)

subject to section 105(3), the area as agreed and set or declared must not be changed, varied, or altered

national adaptation plan means the national adaptation plan prepared under the Climate Change Response Act 2000

national park means a national park under the National Parks Act 1980

national planning framework means the national planning framework made by Order in Council under section 34

natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures

natural environment means—

(a)

the resources of land, water, air, soil, minerals, energy, and all forms of plants, animals, and other living organisms (whether native to New Zealand or introduced) and their habitats; and

(b)

ecosystems and their constituent parts

natural environmental limit and limit mean a limit set under section 39 to protect ecological integrity and human health

natural hazard

(a)

means any atmospheric or earth- or water-related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment; and

(b)

includes soil that contains concentrations of naturally occurring contaminants that pose an ongoing risk to human health

NBE regulator has the meaning given in section 694

network utility operator means a person who—

(a)

undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

(b)

operates or proposes to operate a network for the purpose of—

(i)

telecommunication, as defined in section 5 of the Telecommunications Act 2001; or

(ii)

radiocommunication, as defined in section 2(1) of the Radiocommunications Act 1989; or

(c)

is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or

(d)

undertakes or proposes to undertake the distribution of water for supply (including irrigation); or

(e)

undertakes or proposes to undertake a drainage or sewerage system; or

(f)

constructs, operates, or proposes to construct or operate a road or railway line; or

(g)

is an airport authority as defined by the Airport Authorities Act 1966 for the purposes of operating an airport as defined by that Act; or

(h)

is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or

(i)

is a responsible SPV that is constructing or proposing to construct eligible infrastructure; or

(j)

undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act; or

(k)

is a provider of an emergency service (such as an ambulance or fire service); or

(l)

operates the land part of a port operation (including warehousing and distribution facilities associated with the port) that is contiguous with and adjacent to the coastal marine area; or

(m)

operates the landward operations of a port operated under the Port Companies Act 1988; or

(n)

is an additional utility operator approved as a requiring authority under section 499(3)

nitrogenous fertiliser has the meaning given in section 413

noise includes vibration

notification means limited notification or public notification

notice of decision means—

(a)

a copy of a decision on—

(i)

an application for a resource consent; or

(ii)

a requirement for a designation; or

(iii)

a provision of a policy statement or plan; or

(b)

a notice summarising a decision under paragraph (a)

notice of ongoing conditions has the meaning given in section 568

NPF proposal has the meaning given in clause 1 of Schedule 6

occupier

(a)

means the person occupying a property; and

(b)

includes, in relation to land, premises, and the coastal marine area, an agent, employee, or other person acting (or seeming to act) in the general management or control of the land, or of any premises, plant, or machinery on that land

occupy means the activity of occupying any part of the coastal marine area—

(a)

where the occupation is reasonably necessary for another activity; and

(b)

where the occupation is to the exclusion of any persons or class of persons not expressly allowed to occupy that part of the coastal marine area under a rule in a plan or by a resource consent; and

(c)

where a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense, but for a rule in the plan or the holding of a resource consent under this Act

offshore installation has the meaning given in section 222(1) of the Maritime Transport Act 1994

oil transfer site has the meaning given in section 281 of the Maritime Transport Act 1994

on-scene commander has the meaning given in section 281 of the Maritime Transport Act 1994

open coastal water means coastal water that is remote from estuaries, fiords, inlets, harbours, and embayments

operative, in relation to a provision in the national planning framework or plan, means that the provision or plan—

(a)

has come into force and has legal effect; and

(b)

has not ceased to be operative

owner

(a)

in relation to land, means the person entitled to the rack rent of the land or who would be if the land were let to a tenant at a rack rent, and includes—

(i)

the owner of the fee simple estate in the land; and

(ii)

any person who has agreed in writing, conditionally or unconditionally, to purchase the land or a leasehold estate or interest in the land, or take a lease of the land, while the agreement is in force:

(b)

in relation to a ship, offshore installation, or oil transfer site, has the meaning given in section 222(2) of the Maritime Transport Act 1994

participating authorities, in relation to Mana Whakahono ā Rohe, has the meaning given in section 679(5)

pastoral land use has the meaning given in section 400

pecuniary penalty means a penalty imposed under section 776

permitted activity means an activity described in section 153

permitted activity notice or PAN means an activity described in section 302

person includes—

(a)

the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate; and

(b)

the successor of that person

place of national importance has the meaning given in section 555

plan

(a)

means a natural and built environment plan made in accordance with Schedule 7; and

(b)

includes a proposed natural and built environment plan, unless otherwise expressly stated

plan change means—

(a)

a change proposed by a regional planning committee for a plan under Schedule 7; and

(b)

includes an independent plan change proposed under subpart 2 of Part 2 of Schedule 7

plan of survey has the meaning given in section 568

plan outcomes means outcomes that are to be delivered through plans

plan rule means a rule in a plan or proposed plan

polluter has the meaning given in section 424

polluter pays principle has the meaning given in section 417

primary CIP has the meaning given in section 497

primary submission means a submission made in accordance with clause 34 of Schedule 7

private road has the meaning given in section 315 of the Local Government Act 1974

private way has the meaning given in section 315 of the Local Government Act 1974

production land

(a)

means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products); but

(b)

does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals

prohibited activity means an activity described in section 153

proposed plan

(a)

means a proposed plan or a variation or change to a proposed plan that has been notified under clause 31 of Schedule 7 or given limited or targeted notification under Schedule 7, but that has not become operative in accordance with that schedule; and

(b)

includes an independent plan or independent plan change proposed under subpart 2 of Part 2 of Schedule 7

prospecting has the meaning given in section 2(1) of the Crown Minerals Act 1991

protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected Māori land has the meaning given in section 497

public authority

(a)

for the purposes of a joint management agreement (see section 656) means—

(i)

a local authority; and

(ii)

a statutory body; and

(iii)

the Crown; and

(b)

for the purposes of a transfer of powers under section 650, has the meaning given in section 650(5)

public notice has the meaning given in section 8

public notification means giving public notice of an application for a resource consent or a matter in the manner required by section 8 and within any applicable time limit specified by or under this Act

public work, for the purposes of Part 8, has the meaning given in section 497

raft

(a)

means any moored floating platform which is not self-propelled; and

(b)

includes platforms that provide buoyancy support for the surfaces on which fish or marine vegetation are cultivated or for any cage or other device used to contain or restrain fish or marine vegetation; but

(c)

does not include booms situated on lakes subject to artificial control which have been installed to ensure the safe operation of electricity generating facilities

resource allocation principles have the meaning given in section 36

region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002

regional council

(a)

has the meaning given in section 5 of the Local Government Act 2002; and

(b)

includes a unitary authority

regional planning committee means a regional planning committee appointed under section 100

regional spatial strategy, in relation to a region, means the spatial strategy that is made for the region under the Strategic Planning Act 2022

remove any sand, shingle, shell, or other natural material has the meaning given in section 19(7)

requiring authority means—

(a)

a Minister of the Crown; or

(b)

a local authority; or

(c)

a council-controlled organisation; or

(d)

a network utility operator approved as a requiring authority under section 499(3); or

(e)

an additional utility operator approved as a requiring authority under section 499(3)

renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources

reserve means a reserve under the Reserves Act 1977

reservation has the same meaning as in section 2(1) of the Fisheries Act 1996

resource consent

(a)

means a consent or permit described in section 152; and

(b)

includes any conditions to which a consent or permit is subject

responsible infrastructure authority has the meaning given in section 497

responsible SPV has the meaning given in section 497

risk has the meaning given in section 4 of the Civil Defence and Emergency Management Act 2002

river

(a)

means a body of freshwater that is continuously or intermittently flowing; and

(b)

includes a stream and modified watercourse; but

(c)

does not include an artificial water course, including an irrigation canal, a water supply race, a canal for the supply of water for electric power generation, a farm drainage canal, or any other artificial watercourse

road

(a)

has the meaning given in section 315 of the Local Government Act 1974; and

(b)

includes a motorway within the meaning of section 2(1) of the Government Roading Powers Act 1989

rule means a rule in a plan (see subpart 3 of Part 4)

seaweed has the meaning given in section 2(1) of the Fisheries Act 1996

secondary CIP means a secondary construction and implementation plan under section 504

secondary submission means a submission made in accordance with clause 36 of Schedule 7

serve means service in accordance with sections 806 to 808, as relevant

ship has the meaning given in section 2(1) of the Maritime Transport Act 1994

significant biodiversity area means a place that meets the criteria for significant biodiversity set out in the national planning framework

soil conservation means avoiding, remedying, or mitigating soil erosion and maintaining the physical, chemical, and biological qualities of soil

specified cultural heritage means cultural heritage that—

(a)

meets the criteria for inclusion in—

(i)

the New Zealand Heritage List/Rārani Kōrero as a Category 1 historical place, historic area, wāhi tapu, wāhi tapu area, or wāhi tūpuna; or

(ii)

the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna kōrero Tūturu; or

(b)

is a wāhi tapu, wāhi tapu area, or wāhi tūpuna for which there is an application notified but not determined under section 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014

specified instrument has the meaning given in section 400

specified housing and infrastructure fast-track consenting process means the consenting process set out in subpart 8 of Part 5 and which is available for—

(a)

applications for resource consents for an eligible activity; or

(b)

notices of requirements for a designation for an eligible activity

SPV means a responsible SPV that is identified by a levy order made under the Infrastructure Funding and Financing Act 2020 as having responsibility for the construction of eligible infrastructure

standard consenting process means the consenting process set out in Part 5 excluding subparts 2, 7, and 8

State highway has the meaning given in the Government Roading Powers Act 1989

statutory acknowledgement means an acknowledgement made by the Crown in respect of a statutory area, on the terms set out in the relevant iwi and hapū participation legislation listed in Schedule 14

statutory area means the area subject to a statutory acknowledgement, as defined in the relevant iwi and hapū participation legislation

structure

(a)

means any building, equipment, device, or other facility that is made by people and fixed to land; and

(b)

includes any raft

subdivision consent has the meaning given in section 152

subdivision of land has the meaning set out in section 569

submission means a written or electronic submission

subsequent action, in relation to the enforcement functions of the EPA, has the meaning given in section 795

successor includes, in the case of a person that is a body that is not incorporated the successor a body of persons which is incorporated and composed of substantially the same members

survey dataset has the meaning given in section 571

system outcome means an outcome specified in section 5

survey plan has the meaning given in section 571

tangata whenua, in relation to a particular area, means the iwi, or hapu, that holds mana whenua over that area

target has the meaning given in section 48

tauranga waka means a canoe landing site

tender has the meaning given in section 428

te Oranga o te Taiao means—

(a)

the health of the natural environment; and

(b)

the essential relationship between the health of the natural environment and its capacity to sustain life; and

(c)

the interconnectedness of all parts of the environment; and

(d)

the intrinsic relationship between iwi and hapū and te Taiao

territorial authority means a city council or a district council named in Part 2 of Schedule 2 of the Local Government Act 2002

territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

te Tiriti o Waitangi means the Treaty as defined in section 2 of the Treaty of Waitangi Act 1975

tikanga Māori means Māori customary values and practices

trade competition is the activity described in subpart 5 of Part 4

unit plan has the meaning given in section 568

unitary authority has the meaning given in section 5(1) of the Local Government Act 2002

urban form means the physical characteristics that make up an urban area, including the shape, size, density, and configuration of the urban area

use means,—

(a)

in sections 17, 27 to 29, 143(2), 516(1)(b)(i), and 545(1)(a),—

(i)

alter, demolish, erect, extend, place, reconstruct, remove, or use a structure of part of a structure in, on, over, or under land:

(ii)

drill, excavate, or tunnel land or describe land in a similar way:

(iii)

damage, destroy, or disturb the habitats of plants or animals in, on, or under land:

(iv)

deposit a substance in, on, or under land:

(v)

any other use of land; and

(b)

in sections 17, 28, 143(2), 516, and 545(1), also means to enter onto or pass across the surface of water in a lake or river

variation has the meaning given in clause 64 of Schedule 7

wāhi tapu has the meaning given in the Heritage New Zealand Pouhere Taonga Act 2014

wāhi tūpuna has the meaning given in the Heritage New Zealand Pouhere Taonga Act 2014

waste or other matter means materials and substances of any kind or description

water

(a)

means water in all its physical forms whether flowing or not and whether over or under the ground; and

(b)

includes freshwater, coastal water, and geothermal water; but

(c)

does not include water in any form while in any pipe, tank, or cistern

water body means freshwater or geothermal water in the whole, or any part, of a river, lake, stream, pond, wetland, or aquifer, or any part of any other of those that is not located within the coastal marine area

water conservation order has the meaning given in section 379

water permit has the meaning given in section 152

well-being means the social, economic, environmental, and cultural well-being of people and communities, and includes their health and safety

wetland includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions

wildlife refuge and wildlife sanctuary have the meanings given in section 568

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(b)

if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; and

(c)

a day in the period commencing on 20 December in any year and ending with 10 January in the following year.

Compare: 1991 No 69 ss 2, 2AA, 2A, 3

8 Meaning of public notice

(1)

If this Act requires a person to give public notice of something, the person must—

(a)

publish on an Internet site to which the public has free access a notice that—

(i)

includes all the information that is required to be publicly notified; and

(ii)

is in the prescribed form (if any); and

(b)

publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates.

(2)

The notice and the short summary of the notice must be worded in a way that is clear and concise.

Compare: 1991 No 69 s 2AB

Miscellaneous

9 Application of Act to ships and aircraft of foreign States

Unless regulations made under this Act provide otherwise, this Act does not apply to the following:

(a)

warships of a State other than New Zealand:

(b)

aircraft of the defences force of a State other than New Zealand:

(c)

any ship owned of operated by a State other than New Zealand for government purposes (but not commercial purposes):

(d)

the master or crew of a warship, aircraft, or ship referred to in paragraphs (a) to (c).

Compare: 1991 No 69 s4A

10 General transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

11 Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements

The transitional, savings, and related provisions set out in Schedule 2, for the purpose of upholding the integrity, intent, and effect of Treaty Settlements, the NHNP Act, and other arrangements, have effect according to their terms.

12 Act binds the Crown

(1)

This Act binds the Crown, except as provided in this section.

Exclusions in respect of Crown work or activity on land

(2)

This Act does not apply to any work or activity of the Crown that is—

(a)

a use of land within the meaning of section 17; or

(b)

certified by the Minister of Defence as necessary for reasons of national security

(3)

Section 17(2) does not apply to work or activity of the Crown that—

(a)

is undertaken within the boundaries of an area of land held or managed under the Conservation Act 1987 or any Act specified in Schedule 1 of that Act (unless that land is held for administrative purposes); and

(b)

is consistent with a conservation management strategy, conservation management plan, or management plan made under the Conservation Act 1987 (or any Act specified in Schedule 1 of that Act; and

(c)

does not have a significant adverse effect beyond the boundaries of the area of land.

(4)

Section 17 does not apply to the detention of prisoners in a court cell block if it is declared by notice in the Gazette to be a part of a corrections prison.

Exclusion of specified enforcement documents

(5)

An abatement notice or direction must not be served on, or issued against, an instrument of the Crown under this Act unless it is served on or issued against—

(a)

a Crown organisation; and

(b)

in its own name.

(6)

An enforcement order must not be made against an instrument of the Crown under this Act, unless it is made against—

(a)

a Crown organisation; and

(b)

a local authority or the EPA applies for the order; and

(c)

the order is made against the organisation in its own name.

(7)

Subsections (5) and (6) are not limited by section 17(1)(a) of the Crown Proceedings Act 1950.

(8)

An infringement notice must not be served against an instrument of the Crown under this Act, unless—

(a)

the instrument of the Crown is a Crown organisation; and

(b)

the organisation is liable to be proceeded against for the alleged offence under subsection (6); and

(c)

the enforcement order is served against the Crown organisation in its own name.

(9)

An instrument of the Crown must not be prosecuted for an offence against this Act, unless—

(a)

the prosecution is made against a Crown organisation; and

(b)

the offence is alleged to have been committed by that Crown organisation; and

(c)

the proceedings are commenced—

(i)

by a local authority, the EPA, or an enforcement officer; and

(ii)

against the Crown organisation in its own name, and not citing the Crown as a defendant; and

(iii)

in accordance with the Crown Organisations (Criminal Liability) Act 2002.

(10)

However, subsections (8) and (9) are limited by section 8(4)(c) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).

Further exceptions applying to enforcement against Crown organisation or Crown

(11)

If a Crown organisation is not a body corporate, it must be treated as a separate legal personality for the purposes of—

(a)

serving or issuing an abatement notice or direction against the Crown organisation; and

(b)

making an enforcement order against the Crown organisation; and

(c)

serving an infringement order on the Crown organisation; and

(d)

enforcing any order, direction, or notice referred to in paragraphs (a) to (c).

(12)

Unless subsections (5) to (11) provide otherwise, the Crown must not be—

(a)

served or issued with a notice or direction referred to in subsection (11)(a) or (c); or

(b)

have an order referred to in subsection (11)(b) made against it; or

(c)

be prosecuted for an offence against this Act.

Part 2 Duties and restrictions

Subpart 1—Duties applying to all persons when carrying out activities under this Act

13 Environmental responsibility

Consistently with the ethic of stewardship, every person has a responsibility to protect and sustain the health and well-being of the natural environment for the benefit of all New Zealanders, including as required by in section 14.

14 Duty to avoid, minimise, remedy, offset, or provide redress for adverse effects

(1)

Every person has a duty to avoid, minimise, remedy, offset, or take steps to provide redress for any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—

(a)

any of sections 26 to 30:

(b)

any applicable limits or targets:

(c)

a framework rule, a plan rule, a resource consent, or a designation.

(2)

The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

(3)

However, subsection (2) does not limit the following powers:

(a)

the power conferred by section 700 to make an enforcement order:

(b)

the power conferred by section 708 to serve an abatement notice.

Compare: 1991 No 69 s 17(1) to (3)

15 Duty to avoid unreasonable noise

(1)

Subsection (2) applies to—

(a)

every person who occupies land (including any premises and any coastal marine area); and

(b)

every person carrying out an activity in, on, or under a water body or the coastal marine area.

(2)

Persons to whom this section applies must adopt the best practicable option to ensure that noise emitted from that land or water does not exceed a reasonable level.

(3)

Noise emission standards may be prescribed in a framework rule, a plan rule, or a resource consent for the purposes of any of sections 17 to 24.

(4)

This section applies to overflying by aircraft, but only to the extent that noise emission controls for airports, including those in the coastal marine area, are prescribed by a framework rule or by a rule in a plan.

Compare: 1991 No 69 ss 9(5), 12(5), 16

16 Other legal requirements not affected

(1)

Compliance with this Act is in addition to compliance with all other applicable legislation and rules of law.

(2)

The duties and restrictions set out in this Part are enforceable only through the provisions of this Act.

(3)

No person is liable to another person for a breach of a duty or restriction under this Act, except in accordance with the provisions of this Act.

(4)

Subsections (2) and (3) do not limit or affect a right of action which any person may have independently of the provisions of this Act.

Compare: 1991 No 69 s 23

Subpart 2—Restrictions relating to land, coastal marine area, river and lake beds, water, and discharges

Land

17 Restrictions relating to land

(1)

A person must not use land in a way that contravenes—

(a)

a framework rule; or

(b)

a plan rule.

(2)

However, despite subsection (1), a person may use land if the use,—

(a)

in every case, is expressly allowed by a resource consent; or

(b)

in the case of a plan rule within the jurisdiction of the regional council, is an activity allowed by section 30; or

(c)

in the case of a plan rule within the jurisdiction of a territorial authority, is an activity allowed by section 26 or 28.

(3)

A person must not contravene section 516, 518, 541, or 545 (which relate to designations and interim heritage protection orders) without the prior written consent of the requiring authority or heritage protection authority, as the case may require.

(4)

This section does not apply to the use of the coastal marine area.

Compare: 1991 No 69 s 9(1)-(3)

Subdivision of land

18 Restrictions relating to subdivision of land

(1)

A person must not subdivide land unless—

(a)

the subdivision complies with subsection (3); or

(b)

is given effect to under another Act in accordance with another Act as described in subsection (3).

(2)

Subsection (1) does not apply to Māori land unless Te Ture Whenua Maori Act 1993 provides otherwise.

When subdivision may be undertaken under this Act

(3)

A person may subdivide land if the subdivision—

(a)

is expressly allowed by or under a framework rule, a plan rule within the jurisdiction of a territorial authority, or a resource consent; and

(b)

is shown on 1 of the following:

(i)

a survey plan of subdivision of land, or a building or part of a building, prepared in a form suitable to deposit under the Land Transfer Act 2017 and deposited by the Registrar-General under Part 9; or

(ii)

a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 and approved by the chief executive of Land Information New Zealand in accordance with sections 579 and 586; or

(iii)

a survey plan that includes a unit plan and a survey dataset giving effect to the grant of a cross-lease or company lease.

Subdivision undertaken under other Acts

(4)

A person may subdivide land if it is given effect to in any of the following ways:

(a)

by acquiring, taking, transferring, or disposing of part of an allotment under the Public Works Act 1981 (unless the requirement stated in subsection (5) applies):

(b)

by establishing, changing, or cancelling a reserve under section 338 of Te Ture Whenua Maori Act 1993:

(c)

by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act:

(d)

by any vesting in, or transfer or gift of, any land—

(i)

to the Crown or any local authority or administering body for the purposes (other than administrative purposes) of the Conservation Act 1987 or any Act specified in Schedule 1 of that Act; or

(ii)

by the Crown in exchange for land received under subparagraph (i):

(e)

under an exemption for subdivisions under section 25A of the New Zealand Railways Corporation Restructuring Act 1990:

(f)

under a transfer or gift of any land to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977:

(g)

under a transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land):

(h)

under an exemption for boundary adjustments under section 10 of the Canterbury Property Boundaries and Related Matters Act 2016.

(5)

Each existing separate parcel of land disposed of under the Public Works Act 1981 must be disposed of without further division unless otherwise provided by that Act.

(6)

Nothing in this section applies to the issuing of a record of title under section 586.

(7)

Subsection (1) does not apply in respect of Māori land within the meaning of Te Ture Whenua Maori Act 1993 unless that Act provides otherwise

(8)

In subsection (4)(d), administering body has the meaning given in section 2 of the Reserves Act 1977.

Compare: 1991 No 69 s 11

Coastal marine area

19 Restrictions on use of coastal marine area

(1)

A person must not carry out any of the following activities in the coastal marine area:

(a)

reclaim or drain any part of the foreshore or seabed; or

(b)

erect, reconstruct, place, alter, extend, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or

(c)

disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has, or is likely to have, an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or

(d)

deposit in, on, or under the foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or

(e)

destroy, damage, or disturb the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or

(f)

introduce or plant any exotic or introduced plant in, on, or under the foreshore of seabed; or

(g)

destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage; or

(h)

occupy any part of the common marine and coastal area; or

(i)

remove sand, shingle, shell, or other natural material from the marine and coastal area.

(2)

However, a person may carry out any of the activities listed in subsection (1) if the activity is expressly allowed by a framework rule, a plan rule within the jurisdiction of the regional council, or by a resource consent.

(3)

Without limiting subsection (1), a person must not carry out the following in a way that contravenes a framework rule, a plan rule within the jurisdiction of the regional council, or a resource consent:

(a)

an activity in, on, under, or over any part of the coastal marine area; or

(b)

an activity relating to any natural resources in the coastal marine area.

(4)

Subsection (3) does not apply to an activity that is expressly allowed by—

(a)

a framework rule; or

(b)

a plan rule within the jurisdiction of the regional council; or

(c)

a resource consent; or

(d)

permitted activity notice; or

(e)

section 30.

(5)

This section does not prohibit a regional council from removing structures from the common marine and coastal area in accordance with the requirements of section 19(3) to (3C) of the Marine and Coastal Area (Takutai Moana) Act 2011, unless those structures are permitted by a coastal permit.

(6)

This section does not apply to an activity to which section 22 or 23 applies.

(7)

In this section, remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or circumstances that, but for a framework rule, a plan rule, or the grant of a resource consent, a licence or profit a prendre would be required.

Compare: 1991 No 69 s 12

River and lake beds

20 Restrictions relating to use of beds of lakes and rivers

(1)

A person must not, in relation to the bed of a lake or river—

(a)

use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or

(b)

excavate, drill, tunnel, or otherwise disturb the bed; or

(c)

introduce any plant or part of a plant, whether indigenous or exotic, in, on, or under the bed; or

(d)

deposit any substance in, on, or under the bed; or

(e)

reclaim or drain the bed.

(2)

However, a person may carry out an activity referred to in subsection (1) if the activity is expressly allowed by a framework rule, a plan rule within the jurisdiction of the regional council, or by a resource consent.

(3)

A person must not carry out any of the following in relation to the bed of a lake or river in a manner that contravenes a framework rule or a plan rule:

(a)

enter onto or pass across the bed of a lake or river:

(b)

damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:

(c)

damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:

(d)

damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.

(4)

A person may carry out an activity referred to in subsection (3) if the activity is—

(a)

expressly allowed by a resource consent; or

(b)

expressly allowed by a permitted activity notice; or

(c)

is an existing lawful activity allowed by section 30.

(5)

This section does not—

(a)

apply to the use of land in the coastal marine area; or

(b)

limit section 17.

Compare: 1991 No 69 s13

Water

21 Restrictions relating to water

(1)

A person must not carry out the following activities in relation to water in a manner that contravenes a framework rule or a plan rule within the jurisdiction of the regional council:

(a)

take, use, dam, or divert any open coastal water:

(b)

take or use any heat or energy from any open coastal water.

(2)

However, a person may carry out the activities referred to in subsection (1) if—

(a)

the activity is expressly allowed by a resource consent; or

(b)

the activity is expressly allowed by a permitted activity notice; or

(c)

is an existing lawful activity under section 30.

(3)

A person must not take, use, dam, or divert any of the following:

(a)

water other than open coastal water:

(b)

heat or energy from water other than open coastal water:

(c)

heat or energy from the material surrounding geothermal energy.

(4)

However, subsection (3) does not prohibit a person from taking, using, damming, or diverting any water, heat, or energy if—

(a)

the taking, using, damming, or diverting is expressly allowed by—

(i)

a framework rule; or

(ii)

a plan rule within the jurisdiction of the regional council, or

(iii)

a permitted activity notice; or

(iv)

a resource consent.

(b)

in the case of fresh water, the water, heat, or energy is required for—

(i)

an individual’s reasonable domestic needs; or

(ii)

the reasonable needs of the person’s animals for drinking water; or

(c)

in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area; or

(d)

in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual’s reasonable domestic or recreational needs; or

(e)

the water is required to be taken or used for emergency or training purposes in accordance with section 48 of the Fire and Emergency New Zealand Act 2017.

(5)

The taking, use, and diversion allowed under subsection 4(b), (c), and (d) apply only to the extent that it does not, or is not likely to, have an adverse effect on the environment.

Compare: 1991 No 69 s 14

Discharges

22 Restrictions on discharging contaminants

(1)

A person must not discharge—

(a)

a contaminant or water into water:

(b)

a contaminant onto or into land in a way that may result in that contaminant (or any other contaminant created as a result of natural processes associated with that contaminant) entering water:

(c)

a contaminant from an industrial or trade premises into air:

(d)

a contaminant from an industrial or trade premises onto or into land.

(2)

However, a person may carry out an activity referred to in subsection (1) if the discharge is expressly allowed by—

(a)

a framework rule; or

(b)

a plan rule; or

(c)

a permitted activity notice; or

(d)

a resource consent.

(3)

A person must not discharge a contaminant into the air or onto or into land from a place or other source, moveable or not, in a manner that contravenes a framework rule or a plan rule.

(4)

However, a person may carry out an activity referred to in subsection (3), if the discharge is—

(a)

expressly allowed by a framework rule; or

(b)

expressly allowed by a resource consent; or

(c)

expressly allowed by a permitted activity notice; or

(d)

an existing lawful activity under section 30.

(5)

This section does not apply to anything to which section 23 or 24 apply.

Compare: 1991 No 69 s 15

23 Restrictions on dumping and incinerating in coastal marine area

(1)

A person must not carry out any of the following in the coastal marine area:

(a)

dumping waste or other matter from a ship, aircraft, or offshore installation:

(b)

incinerating any water of other matter in a marine incineration facility:

(c)

dumping any ship, aircraft, or offshore installation.

(2)

A person may carry out an activity referred to in subsection (1) if the dumping or incinerating is expressly allowed by—

(a)

a permitted activity notice; or

(b)

a resource consent.

(3)

This section does not permit—

(a)

the discharge of a harmful substance that would contravene section 24; or

(b)

the dumping of radioactive waste or radioactive matter to which section 25 applies.

Compare: 1991 No 69 s 15A

24 Restrictions on discharging harmful substances in coastal marine area

(1)

A person must not discharge a harmful substance or contaminant from a ship or offshore installation in the coastal marine area.

(2)

Subsection (1) does not apply if—

(a)

the discharge is permitted or controlled by—

(i)

a framework rule:

(ii)

a plan rule:

(iii)

a resource consent; or

(b)

after reasonable mixing, the harmful substance or contaminant (whether or not in combination with another discharge) is unlikely to give rise to any of the follow effects in the receiving waters:

(i)

the production of a conspicuous oil or grease film, scum, or foam, or floatable or suspended materials:

(ii)

a conspicuous change of colour or visual clarity:

(iii)

an emission of an objectionable odour:

(iv)

significant adverse effects on life; or

(c)

the harmful substance or contaminant, if discharged into air, is not likely to be noxious. dangerous, offensive, or objectionable to the extent that is has, or is likely to have, a significant adverse effect on the environment.

(3)

A person must not discharge water into water in the coastal marine area from a ship or offshore installation.

(4)

However, a person may carry out a discharge referred to in subsection (3) if—

(a)

the discharge is permitted or controlled by—

(i)

a framework rule; or

(ii)

a plan rule; or

(iii)

a resource consent; or

(b)

after reasonable mixing, the water discharged is unlikely to give rise to significant adverse effects on life.

(5)

A person must not discharge a harmful substance or contaminant in reliance on subsection (2)(b) or (c) or (4)(b) if a framework rule, a plan rule, or a resource consent applies to the discharge.

(6)

Despite section 7 of the Biosecurity Act 1993, a discharge authorised by subsection (2) or (4) or by a resource consent may be prohibited or controlled under that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.

(7)

In this section, harmful substance means a substance prescribed in the national planning framework as a harmful substance for the purpose of this section.

Compare: 1991 No 69 s 15B

25 Prohibitions relating to radioactive waste etc in coastal marine area

(1)

A person must not, in the coastal marine area,—

(a)

dump radioactive waste or other radioactive material from a ship, aircraft, or offshore installation:

(b)

store radioactive waste or other radioactive matter, or toxic or hazardous waste on or in any land or water.

(2)

In this section,—

radioactive waste or other radioactive material has the meaning given in section 257 of the Maritime Transport Act 1991

toxic or hazardous waste means any waste or other matter prescribed in the national planning framework as toxic or hazardous waste.

Compare: 1991 No 69 s 15C

Subpart 3—Existing uses that are protected

26 Certain existing uses protected in relation to land

(1)

A person may use land in a way that contravenes a plan rule within the jurisdiction of a territorial authority if—

(a)

the use was lawfully established before the rule became operative or the proposed plan was notified; and

(b)

the effects of the use—

(i)

are the same or similar in character, intensity, and scale to those that existed before the rule became operative or the proposed plan was notified; or

(ii)

any change in effects is limited to reducing the adverse effects on the environment or otherwise enhances the environment.

(2)

Despite subsection (1), an existing use of land must comply with the plan rules that give effect to the national planning framework as it relates to each of the following, as far as they are relevant, but only if the national planing framework or a plan expressly provides that this subsection applies:

(a)

the natural environment; and

(b)

the reduction or mitigation of, or adaptation to, the risks associated with—

(i)

natural hazards:

(ii)

climate change:

(iii)

contaminated land.

(3)

Subsection (2)(a) applies only if the national planning framework expressly states that it applies.

(4)

Subsection (2)(b) applies—

(a)

whether or not the rules give effect to provisions of the national planning framework; but

(b)

only if the national planning framework or a plan expressly state that it applies.

(5)

This section and sections 27 and 28 do not apply to the use of land that is—

(a)

controlled under section 644 (regional control of certain land uses):

(b)

restricted under section 19 (coastal marine area):

(c)

restricted under section 20 (river and lake beds).

(6)

Nothing in this section limits section 30 (certain existing lawful uses allowed).

Compare: 1991 No 69 s 10(1)(4), (5)

27 When existing use rights may be lost

(1)

Section 26 does not apply if a use of land that contravenes a plan rule within the jurisdiction of a territorial authority is discontinued for a continuous period of 6 months (or any longer period specified in a plan rule) after the rule becomes operative or the proposed plan is notified.

(2)

However, section 26 does apply if—

(a)

an application for an extension of the existing use is made to the territorial authority within 2 years of the activity first being discontinued; and

(b)

an extension is granted because—

(i)

the effect of the extension will not be contrary to the objectives and policies of the applicable plan; and

(ii)

the applicant has obtained approval from every person who may be adversely affected by the granting of an extension (unless the territorial authority considers that it would unreasonable in the circumstances to require the applicant to obtain every approval).

(3)

Section 26 does not apply if, as a result of reconstructing, altering, or extending a building to which that section would otherwise apply, the change to the use of building increases the degree of non-compliance of the use with the relevant rule.

(4)

Subsection (2) is subject to the right to object under sections 828 to 835.

Compare: 1991 No 69 s 10(2), (3)

28 Certain existing activities on surface of water allowed

(1)

This section applies to the use of the surface of water in lakes or rivers—

(a)

if that use was formerly a permitted activity or could have been carried out lawfully without a resource consent; but

(b)

as a result of a plan rule within the jurisdiction of a territorial authority becoming operative in accordance with section 130 or 339.

(2)

An activity within the scope of subsection (1) may continue to be carried on if—

(a)

the activity was lawfully established before the plan rule became operative or took legal effect in accordance with section 130; and

(b)

the effects of the activity—

(i)

are the same or similar in character, intensity, and scale to those existing before the rule became operative or took legal effect in accordance with 1 of those sections; or

(ii)

any change in effects is limited to reducing the adverse effects on the environment or otherwise improving the environment; and

(c)

the person carrying on the activity has applied for a resource consent from the appropriate consent authority not later than 6 months after the rule becomes operative.

(3)

If an application has been made for a resource consent for an activity to which this section applies, the activity may continue to be carried on until the application is decided and any appeals determined.

Compare: 1991 No 69 s 10A

29 Certain existing building works allowed

(1)

Land may be used in a way that contravenes a plan rule within the jurisdiction of a territorial authority, if the use is a building work or intended use of a building that is to be treated as being lawfully established in accordance with subsection (2).

(2)

A building work or the intended use of a building is to be treated as being lawfully established if—

(a)

a building consent was issued for the building work or the intended use of a building (including any amendments) in accordance with the Building Act 2004 before the plan rule took effect in accordance with section 130; and

(b)

the building work or intended use of a building, as set out in the building consent,—

(i)

would not have contravened a rule in the plan at the time that the building consent was issued and any amendments included; or

(ii)

could have been carried out without a resource consent.

(3)

However, despite subsection (2), a building work or the intended use of a building must not be treated as lawfully established if,—

(a)

after the plan rule has taken legal effect in accordance with section 130), the building consent is amended so that—

(i)

the effects of the building work or its intended use will not be the same or similar in character, intensity, and scale as the effects would have been before the amendment of the building consent; or

(ii)

the change is limited to reducing the adverse effects on the environment or otherwise improving the environment; or

(b)

the building consent has lapsed or been cancelled but a code of compliance certificate issued under the Building Act 2004 for the building is not to be treated as having cancelled the building consent for the building; or

(c)

a code of compliance certificate for the building has not been issued under the Building Act 2004 within 2 years of the plan rule taking legal effect (or any further period the territorial authority may allow if satisfied that reasonable progress has been made towards completing the building work within the 2-year period).

(4)

Section 26(4) and (5) applies to this section.

(5)

In this section, building, building work, and intended use have the meanings given in sections 8 and 9 of the Building Act 2004.

Compare: 1991 No 69 s 10B

30 Certain existing lawful activities allowed

(1)

If an activity requires a resource consent because a plan rule within the jurisdiction of the regional council has legal effect in accordance with sections 130), the activity may continue until the rule becomes operative.

(2)

Subsection (1) applies if the following requirements are satisfied:

(a)

before the rule had legal effect, the activity—

(i)

was a permitted activity or could have been carried on lawfully without a resource consent; and

(ii)

was lawfully established; and

(b)

the effects of the activity—

(i)

are the same or similar in character, intensity, and scale as the effects that existed before the rule took effect; or

(ii)

the change is limited to reducing the adverse effects on the environment or otherwise improving the environment; and

(c)

the activity has not been discontinued continuously for more than 6 months since the rule took legal effect in accordance with section 130 (or a longer period that may be fixed by a rule in the proposed plan).

(3)

If an activity requires a resource consent because a plan rule within the jurisdiction of the regional council becomes operative, the activity may continue after the rule becomes operative if,—

(a)

before the rule became operative, the activity—

(i)

was a permitted activity or was allowed to continue under subsection (1), or could have been lawfully carried on without a resource consent; and

(ii)

was lawfully established; and

(b)

the effects of the activity—

(i)

are the same or similar in character, intensity, and scale to those that existed before the rule became operative; or

(ii)

the change in effects is limited to reducing the adverse effects on the environment or otherwise improving the environment; and

(c)

the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date on which the rule became operative but that application has not been decided or appeals determined.

Compare: 1991 No 69 s 20A

Part 3 National planning framework

31 Interpretation

In this Part and Schedule 6,—

management unit means a geographic area defined for the purpose of planning and managing activities to meet an environmental limit or a target

minimum level target has the meaning given in section 49(3).

Subpart 1—Requirement for national planning framework

32 National planning framework

There must at all times be a national planning framework.

Compare: Exp draft s 9

33 Purpose of national planning framework

The purpose of the national planning framework is to further the purpose of this Act by—

(a)

providing directions on the integrated management of the environment in relation to—

(i)

matters of national significance; and

(ii)

matters for which national consistency is desirable; and

(iii)

matters for which consistency is desirable in some, but not all, parts of New Zealand; and

(b)

helping to resolve conflicts about environmental matters, including those between or among system outcomes; and

(c)

setting environmental limits and strategic directions.

Compare: Exp draft s 10

34 National planning framework to be made as regulations

(1)

The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, make the national planning framework in the form of regulations.

(2)

The regulations may apply—

(a)

to any specified region or district of a local authority; or

(b)

to any specified part of New Zealand.

(3)

Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: Exp draft s 11

35 Te Ture Whaimana

(1)

Te Ture Whaimana is intended by Parliament to be the primary direction-setting document for the Waikato and Waipā Rivers and activities within their catchments affecting the rivers (see the legislation referred to in subsection (3)).

(2)

Te Ture Whaimana—

(a)

prevails over any inconsistent provision in the national planning framework; and

(b)

in its entirety it is deemed to be part of any plan made under this Act that affects the Waikato or Waipā River or activities within the catchment of the river and the remainder of the plan must give effect to Te Ture Whaimana.

(3)

In this section, Te Ture Whaimana means the vision and strategy set out in—

(a)

Schedule 2 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010; and

(b)

Schedule 1 of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010; and

(c)

Schedule 1 of the Nga Wai o Maniapoto (Waipa River) Act 2012.

36 Resource allocation principles

The resource allocation principles are as follows:

(a)

sustainability:

(b)

efficiency:

(c)

equity.

Subpart 2—Environmental limits and targets

Environmental limits

37 Purpose of setting environmental limits

The purpose of setting environmental limits is—

(a)

to prevent the ecological integrity of the natural environment from degrading from the state it was in at the commencement of this Part:

(b)

to protect human health.

Compare: Exp draft s 12A

38 Environmental limits

(1)

Environmental limits must be set in relation to the following aspects of the natural environment:

(a)

air:

(b)

indigenous biodiversity:

(c)

coastal water:

(d)

estuaries:

(e)

freshwater:

(f)

soil.

(2)

Environmental limits may be set for any other aspect of the natural environment in accordance with the purpose of setting environmental limits.

Compare: Exp draft s 12B

39 How environmental limits are to be set

The responsible Minister may, in the national planning framework,—

(a)

set environmental limits; or

(b)

prescribe the requirements for environmental limits to be set in plans, including—

(i)

setting requirements for the process to be followed:

(ii)

setting out the substantive requirements.

40 Form of environmental limits

(1)

An environmental limit must be expressed as relating to the ecological integrity of the natural environment or to human health.

(2)

Environmental limits must be set as—

(a)

a minimum biophysical state for a management unit; or

(b)

the maximum amount of harm or stress to the natural environment that may be permitted in a management unit.

(3)

Environmental limits relevant to ecological integrity must be set to reflect—

(a)

the state existing in a management unit at the commencement of this Part; or

(b)

the amount of harm or stress occurring to the natural environment in a management unit at the commencement of this Part.

(4)

An environmental limit may be—

(a)

qualitative or quantitative:

(b)

set at different levels for different management units:

(c)

set in a way that integrates more than 1 of the aspects of the natural environment listed in section 38(1).

Interim limits

41 Interim limits for ecological integrity

(1)

The national planning framework may, in prescribing environmental limits in relation to ecological integrity, also prescribe 1 or more interim limits in conjunction with that environmental limit.

(2)

Despite section 40(3), an interim limit for ecological integrity may be set as—

(a)

a state in a management unit that is more degraded than it was at the commencement of this Part; or

(b)

an amount of harm or stress occurring in a management unit to the natural environment that is worse than the amount existing at the commencement of this Part.

(3)

Subsection (1) applies if the responsible Minister is satisfied that the harm or stress caused to a natural environment existing immediately before the commencement of this Part will cause continuing degrading of the natural environment beyond the commencement of this Part.

42 Interim limits for human health

(1)

The national planning framework may, in prescribing environmental limits in relation to human health, also prescribe 1 or more interim limits in conjunction with that environmental limit.

(2)

Subsection (1) applies if the responsible Minister is satisfied, in relation to the specified aspect of the natural environment,—

(a)

that its state existing at the commencement of this Part is degraded below the level required to protect human health; or

(b)

that the existing harm to, or stress on that aspect of the natural environment is too great to provide for the protection of human health.

43 Setting interim limits

(1)

The national planning framework may prescribe an interim limit for ecological integrity or for human health by—

(a)

requiring limits to be prescribed in plans; and

(b)

prescribing how a regional planning committee must decide on the limit to set for its region (which may include setting substantive requirements or process requirements or both)

(2)

In prescribing an interim limit, the national planning framework or a plan—

(a)

must specify when the interim limit is to be replaced by a related environmental limit; and

(b)

may specify when a more stringent interim limit is to apply.

(3)

The details specified under subsection (2) may refer to a specific date or event.

(4)

An interim applies until it is replaced by a related environmental limit.

Exemptions

44 Exemptions from environmental limits may be directed

(1)

Subsection (2) applies if the responsible Minister is requested to direct an exemption by a regional planning committee under this Act or the Spatial Planning Act 2022.

(2)

The responsible Minister may direct in the national planning framework an exemption from an environmental limit or an interim limit relating to ecological integrity.

(3)

Any request under this section must be made—

(a)

by a planning committee; and

(b)

in a form approved by the Minister; and

(c)

during the process of preparing or revising the relevant plan or regional spatial strategy, as the case may be.

(4)

A request for an exemption must demonstrate how the regional planning committee considered options for complying with the relevant environmental limit, including by applying the effects management framework (see section 61).

(5)

If an exemption is directed, the responsible Minister must progress the direction as a change to the national planning framework and Schedule 6 applies.

45 Essential features of exemption

(1)

An exemption from an environmental limit must be designed to result in the least possible net loss of ecological integrity that is compatible with the activity proposed.

(2)

The activity must provide public benefits that justify the loss of ecological integrity.

(3)

An exemption must be subject to a time limit that the responsible Minister thinks appropriate in the circumstances.

(4)

If the responsible Minister imposes conditions when granting an exemption, the conditions and the time limits imposed must be published in the relevant plan or regional spatial strategy, as the case requires.

46 When exemptions not to be directed

The responsible Minister must not direct an exemption if the Minister thinks, after considering the matters set out in section 50(2),—

(a)

that the current state of ecological integrity in the area where the exemption would apply is unacceptably degraded; or

(b)

that an exemption would lead to an irreversible loss of ecological integrity.

Targets

47 Purpose of setting targets

The purpose of setting targets is to assist in improving the state of the natural and built environment.

48 Form of targets

(1)

A target is a directive made in the national planning framework or in a plan.

(2)

A target—

(a)

is able to be measured; and

(b)

must be achieved by a specified time; and

(c)

is designed to assist in achieving—

(i)

a system outcome (see section 5); or

(ii)

a framework outcome; or

(iii)

in relation to a target set in a plan, a plan outcome specified in the plan.

(3)

A target may be expressed as a series of steps, each with a time limit, designed to achieve progressive improvement over time.

49 Mandatory targets associated with limits

(1)

Targets must be set for each aspect of the natural environment for which limits are required by section 38(1).

(2)

The responsible Minister may, in the national planning framework,—

(a)

set targets required by subsection (1); or

(b)

prescribe the substantive or process requirements for targets that are to be set in plans.

(3)

The requirements prescribed under subsection (2)(b) may include—

(a)

a requirement that targets set in plans are to be set at or better than a minimum level specified in the national planning framework (a minimum level target):

(b)

requirements relating to the time frame over which targets are to be achieved.

(4)

The targets required by subsection (1) must—

(a)

in all cases, be set at a level equal to or better than that of the associated environmental limit; and

(b)

for targets set in plans, be set at a level equal to or better than any applicable minimum level target set in the national planning framework.

50 Minimum level targets

(1)

The responsible Minister must set a minimum level target in the national planning framework if the Minister is satisfied that the associated environmental limit is set at a level that represents unacceptable degradation of the natural environment.

(2)

In determining whether the level of an environmental limit represents an unacceptable degradation of the natural environment, the responsible Minister must consider the following matters:

(a)

whether future generations will be able to use the natural environment to provide for their needs and well-being; and

(b)

the risk that the state of the natural environment poses to human health, including the health of future generations; and

(c)

whether the state of the natural environment—

(i)

places indigenous plants or animals at increased risk of local displacement or extinction; or

(ii)

poses a risk of irreversible or significant harm to ecological integrity; and

(d)

New Zealand’s international obligations that relate to the natural environment.

51 Discretionary targets

(1)

Targets may be set for any matter that is not a matter for which a target is required by section 50(1) if the matter is relevant to achieving—

(a)

a system outcome (see section 5); or

(b)

a framework outcome; or

(c)

a plan outcome.

(2)

Section 49(2) and (3) applies to targets made under this section.

52 Matters to be considered when deciding to set limits or targets

The responsible Minister must,—

(a)

in deciding whether to set an environmental limit or target in the national planning framework or whether to prescribe requirements for setting an environmental limit or target, consider whether the limit or target would directly affect a customary marine title group and (if they agree that it would) consider what is most appropriate for that group; and

(b)

if they are setting in the national planning framework an environmental limit or target that applies to a management unit that includes a customary marine title area, consider any relevant customary marine title planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011.

53 Monitoring of limits and targets and responses

The national planning framework must—

(a)

require the monitoring and reporting of environmental limits and targets; and

(b)

enable data obtained from that monitoring to be aggregated at a national level; and

(c)

enable Māori to be involved in monitoring of environmental limits and targets.

Management units

54 Management units

(1)

Management units must be set for every—

(a)

environmental limit; and

(b)

every target required under section 49(1) (which relates to mandatory targets).

(2)

Management units may be set for discretionary targets (see section 51).

(3)

The responsible Minister may, in the national planning framework,—

(a)

set management units:

(b)

prescribe substantive or procedural requirements to apply to setting management units in plans:

(c)

prescribe a limit or target, but specify that the associated management unit is to be set in a plan.

(4)

A management unit may relate to more than one environmental limit or target.

55 Matters relevant to setting management units

(1)

In setting a management unit, the responsible Minister or a regional planning committee, as the case may be, must ensure that the size and location of the management unit—

(a)

are sufficient to enable limits and their associated targets to meet the purposes set out in sections 37 and 47 respectively; and

(b)

are determined by reference to scientific knowledge and mātauranga Māori.

(2)

In determining what is sufficient under subsection (1)(a), the Minister or the planning committee, as the case may be, must consider the following matters:

(a)

whether areas with similar environmental pressures and characteristics could be grouped within a management unit for greater effectiveness and efficiency; and

(b)

the extent to which, in the particular location, it will be possible to measure factors such as—

(i)

the biophysical state of the natural environment; and

(ii)

the pressures on the environment; and

(iii)

any losses or gains in the health of the natural environment in the management unit.

(3)

Subject to subsection (1), the size and location of a management unit should be set to provide flexibility and to maximise opportunities for appropriate offsetting.

(4)

This section does not apply to management units set for environmental limits or targets relating to freshwater or air.

Subpart 3—Other required content

56 National planning framework must include strategic direction and provide for monitoring

(1)

The national planning framework must include strategic direction on—

(a)

how decision makers are to achieve the system outcomes; and

(b)

how the well-being of present and future generations is to be provided for within the relevant environmental limits; and

(c)

the key long-term environmental issues and priorities and how they are to be dealt with.

(2)

The framework must specify how the following will be monitored:

(a)

the implementation of the framework; and

(b)

the effectiveness of the framework.

Compare: Exp draft s 14

57 National planning framework must provide direction on system outcomes

(1)

The national planning framework must include content that provides direction—

(a)

for each system outcome; and

(b)

for the resolution of conflicts about environmental matters, including those between or among the system outcomes.

(2)

Direction provided under subsection (1) need only be in such detail as is appropriate to the particular system outcome or outcomes.

Compare: Exp draft s 13B

58 National planning framework must provide direction on certain matters

The national planning framework must include content that provides direction on:

(a)

non-commercial housing on Māori land:

(b)

papakāinga on Māori land:

(c)

enabling development capacity well ahead of expected demand:

(d)

enabling infrastructure and development corridors:

(e)

enabling renewable electricity generation and its transmission.

Subpart 4—Matters that may be provided for

59 National planning framework may direct how certain provisions must be given effect

The national planning framework may direct that certain provisions in the framework—

(a)

must be given effect to through plans:

(b)

must be given effect to through regional spatial strategies.

Compare: Exp draft s 15

60 Contents of national planning framework

(1)

The national planning framework may—

(a)

state outcomes (framework outcomes) and policies—

(b)

state rules (framework rules) and methods (other than rules) for implementing framework outcomes and policies:

(c)

set substantive or procedural requirements for regional spatial strategies and plans, including:

(i)

matters that regional planning committees must consider in preparing regional spatial strategies and plans:

(ii)

matters that regional planning committees are required to achieve or provide for in regional spatial strategies or plans:

(iii)

constraints or restrictions on the content of regional spatial strategies and plans:

(iv)

requirements relating to the structure and form of regional spatial strategies and plans:

(v)

requirements for definitions in regional spatial strategies and plans:

(d)

direct regional planning committees to insert specific provisions in their regional spatial strategies and plans:

(e)

direct regional planning committees to choose from a number of specific provisions to be included in their regional spatial strategies and plans:

(f)

direct regional planning committees and local authorities to collect or publish specified information in order to achieve the provisions of the national planning framework:

(g)

include any other matter relevant to the purpose or implementation of the national planning framework.

(2)

A framework rule may provide for any matter that a plan rule may provide for under section 117(3) and (6) to (8).

(3)

Section 117(9) applies to a framework rule made under this section.

Subpart 5—Effects management framework

61 Effects management framework

The effects management framework is a means of managing adverse effects as follows:

(a)

adverse effects must be avoided wherever practicable:

(b)

any adverse effects that cannot be avoided must be minimised wherever practicable:

(c)

any adverse effects that cannot be avoided or minimised must be remedied wherever practicable:

(d)

any remaining adverse effects that cannot be avoided, minimised, or remedied must be offset wherever practicable:

(e)

if adverse effects remain after applying the requirements, in that order, of paragraphs (a) to (d), the activity cannot proceed unless redress is provided by enhancing the relevant aspect of the environment.

62 When effects management framework applies

(1)

The effects management framework applies to adverse effects on significant biodiversity areas and specified cultural heritage.

(2)

The framework does not apply to adverse effects on other resources unless the national planning framework directs that the framework apply.

(3)

The national planning framework or a plan may require—

(a)

a more stringent management of any particular adverse effect; or

(b)

less stringent management of any particular adverse effect other than one on significant biodiversity areas or specified cultural heritage.

63 Requirements when effects management framework applies

When the effects management framework is applied to adverse effects on areas of significant biodiversity and specified cultural heritage, the follow requirements apply:

(a)

offsetting for adverse effects on specified biodiversity or cultural heritage must be undertaken in accordance with Schedule 3 or 5, whichever applies; and

(b)

enhancement to make up for adverse effects on biodiversity or cultural heritage must be undertaken in accordance with Schedule 4 or 5, whichever applies.

64 Scope of possible exemptions

(1)

The responsible Minister may specify, in the national planning framework, exemptions from the effects management framework for activities that have adverse effects on a significant biodiversity area or specified cultural heritage.

(2)

An exemption from the effects management framework may provide that an activity is exempt only if 1 or more of the following circumstances applies:

(a)

the activity must be located, for functional or operational reasons, in the particular place, despite the fact that it will generate adverse effects:

(b)

there is no reasonably practicable alternative location:

(c)

the activity would, if carried out in an alternative location, result in a more than trivial adverse effect on the attributes that make the alternative location a place of national importance (see section 559):

(d)

the activity meets other requirements specified for an exemption under this Act.

65 Assessment of alternatives

(1)

The national planning framework may specify what is required for an assessment of alternative locations, including limiting the scope of assessment to—

(a)

sites within a specified region or district; or

(b)

sites within a specified distance of a particular place of national importance; or

(c)

sites with other specified attributes.

(2)

If an assessment for an activity is completed during the preparation of the national planning framework or a plan, and complies with requirements imposed under subsection (1), a further assessment cannot be required under any rule applying to the activity.

66 Limits to exemptions

(1)

Exemptions applying under section 64 may be made only for the following types of activities:

(a)

activities required to deal with a very high risk to public health or safety:

(b)

activities for the purpose of maintaining or restoring a significant biodiversity area:

(c)

the customary use of indigenous biodiversity carried out in accordance with tikanga:

(d)

activities on Māori land or on other land required to facilitate the activities on Māori land:

(e)

activities undertaken for the purpose of managing Te Urewera under the Te Urewera Act 2014:

(f)

activities with effects on significant biodiversity areas within areas of geothermal activity:

(g)

activities in a place identified as a significant biodiversity area solely because of the presence of a plant species listed as threatened or declining in the New Zealand Threat Classification System, unless the species is rare within the region or ecological area:

(h)

activities lawfully established immediately before the commencement of section 62(1) (whichever is applicable):

(i)

subdivision:

(j)

activities that will contribute to an outcome described in section 5(b):

(k)

defence facilities operated by the New Zealand Defence Force to meet its obligations under the Defence Act 1990:

(l)

activities managed under other legislation, as long as the responsible Minister is satisfied that the other legislation provides an appropriate level of protection:

(m)

the lines and associated equipment used or owned by Transpower to convey electricity and for associated activities, including access tracks and maintenance activities:

(n)

infrastructure operated by a lifeline utility operator as defined in the Civil Defences and Emergency Management Act 2002 and any directly associated activity:

(o)

activities that will provide nationally significant benefits that outweigh any adverse effects of the activity:

(p)

in the case of a specified cultural heritage place, activities required to ensure that the place and its cultural heritage values endure:

(q)

activities of the Crown on conservation land and waters that are not inconsistent with any applicable conservation planning document:

(r)

activities carried out by the customary marine title holder in the relevant customary marine title area.

(2)

In subsection (1)(g), the New Zealand Threat Classification System means the system maintained by the Department of Conservation for—

(a)

assessing the risk of extinction of New Zealand species; and

(b)

classifying the species according to that risk.

67 Considerations that apply to grant of exemptions

(1)

The responsible Minister must,—

(a)

in determining whether an activity will provide benefits that are nationally significant, have regard to section 329(3); and

(b)

before specifying an exemption, consider—

(i)

the principles set out in section 6 (other than those set out in section 6(2)(b), (c), and (d); and

(ii)

the relative cost of granting or declining to specify an exemption for an activity; and

(iii)

any alternatives to specifying an exemption that would achieve the objective of the proposed exemption; and

(iv)

any other matter the Minister considers relevant.

(2)

An exemption provided for under section 564 must be designed to diminish the harm that will be caused to a place to the greatest extent compatible with enabling the activity to proceed.

Subpart 6—Giving effect to national planning framework

68 Giving effect to the national planning framework in plans

(1)

A regional planning committee must make any amendments required to give effect to a provision in the national planning framework in plans using a process in Schedule 7.

(2)

For the purpose of subsection (1), the national planning framework may specify which of the Schedule 7 processes a regional planning committee must use.

(3)

Despite subsection (1), the national planning framework may direct that regional planning committees must amend their plans without using a process in Schedule 7,—

(a)

to insert specific provisions set out in the national planning framework; or

(b)

so that plan outcomes or policies in the plan give effect to framework outcomes or policies in the national planning framework; or

(c)

to make the plan consistent with any constraint or restriction set out in the national planning framework.

(4)

Amendments required under this section must be made as soon as practicable within the time, if any, specified in the national planning framework.

(5)

A regional planning committee must give public notice of any amendments made under subsection (3) within 5 working days after making them.

69 Giving effect to the national planning framework in regional spatial strategies

(1)

A regional planning committee must make any amendments required to give effect to a provision in the national planning framework in regional spatial strategies using a process adopted under section 30 of the Spatial Planning Act 2022.

(2)

Despite subsection (1), the national planning framework may direct that regional planning committees must amend their regional spatial strategies without using a process adopted under section 30 of the Spatial Planning Act 2022 to insert specific provisions set out in the national planning framework.

(3)

Amendments required under this section must be made as soon as practicable within the time, if any, specified in the national planning framework.

70 When regional planning committees directed to choose provisions from framework

(1)

If the national planning framework directs a regional planning committee to choose from a number of specific provisions in the framework, the committee must—

(a)

choose an appropriate provision; and

(b)

use a process in Schedule 7 in order to apply the provision to the local circumstances, but not to decide the content of the provision set by the framework; and

(c)

notify any amendment required under this section within the time specified in the framework, using any process in Schedule 7; and

(d)

make any consequential amendments to its plan needed to avoid duplication or inconsistency, but without using a process in Schedule 7; and

(e)

publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.

(2)

A plan is amended as from the date of the relevant public notice under subsection (1)(e).

(3)

For the purpose of subsection (1)(a), the national planning framework may specify how regional planning committees are to choose relevant provisions from the framework.

Compare: 1991 No 69 s 58(4)–(6)

71 Regional planning committee must amend plan if plan rule duplicates or conflicts with framework rule

(1)

If a plan rule duplicates a framework rule or conflicts with a framework rule, the regional planning committee must amend the plan to remove the duplication or conflict.

(2)

A plan rule conflicts with a framework rule if—

(a)

both of the following apply:

(i)

the plan rule is more stringent than the framework rule; and

(ii)

the framework rule does not expressly say that a plan rule may be more stringent than the national planning framework rule; or

(b)

the plan rule is more lenient than the framework rule and the framework rule does not expressly say that a plan rule may be more lenient than the national planning framework rule.

(3)

For the purpose of subsection (1), the regional planning committee must amend the plan—

(a)

without using a process in Schedule 7; and

(b)

in accordance with any specification in the framework; and

(c)

within any time frame specified in the framework, or if none is specified, as soon practicable after the framework rule commences.

Compare: 1991 No 69 s 44A

72 Regional planning committee may amend plan to refer to provision in framework

A regional planning committee may amend a plan to include a reference to a provision of the national planning framework—

(a)

without using a process in Schedule 7; and

(b)

after the date on which the provision commences.

Compare: 1991 No 69 s 44A(6)

73 Regional planning committee or local authority must take action directed by framework

A regional planning committee or local authority must take any action that the national planning framework directs them to take.

Compare: 1991 No 69 s 55(8)

74 Responsibility for enforcement of framework rules

The national planning framework must specify, in relation to a framework rule, whether responsibility for enforcing the rule lies with the regional council, the territorial authority, or both.

Compare: 1991 No 69 s 44A(8)

Subpart 7—Consents and permits

75 Direction to review consents and permits

(1)

The national planning framework may direct consent authorities to review any or all of the following or a specified class of one of the following as soon as practicable or within a specified time period:

(a)

land use consent:

(b)

coastal permit:

(c)

water permit:

(d)

discharge permit.

(2)

The national planning framework may direct consent authorities to review the conditions of a resource consent relating to duration in the circumstances described in any of section 277(7)(a) to (c).

Compare: 1991 No 69 s 43A(1)(f)

76 Direction relating to conditions of resource consents

The national planning framework may include directions on conditions that may or must be imposed on resource consents or specified categories of consents, including conditions—

(a)

relating to the duration of consents; and

(b)

requiring specified categories of consents to have the same expiry date in specified circumstances.

Compare: 1991 No 69 s 43A(2)(i)

77 Notification requirements for resource consent applications

Section 200 sets out how the national planning framework provides for the notification required for an application for a resource consent.

78 Consequences if framework rule states an activity is permitted

If a framework rule states that an activity is a permitted activity, the following provisions apply to plans:

(a)

a plan may state that the activity is a permitted activity on the terms or conditions specified in the national planning framework; and

(b)

the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the national planning framework; and

(c)

if a plan’s terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the national planning framework, the terms or conditions in the framework prevail.

Compare: 1991 No 69 s 45A(5)

79 Activity with significant adverse effects on environment must not be permitted activity

(1)

If an activity has significant adverse effects on the environment, the national planning framework must not state that the activity is a permitted activity.

(2)

To avoid doubt, subsection (1) does not apply to an activity to which an exemption prescribed under section 81(b) applies.

Subpart 8—Other matters that national planning framework may provide for

80 Standards, methods, and requirements

(1)

The national planning framework may provide for standards, methods, or requirements in relation to—

(a)

the matters referred to in section 17 to 22:

(b)

noise.

(2)

The regulations may, without limitation, include—

(a)

qualitative or quantitative standards:

(b)

methods, processes, or technology to implement standards:

(c)

exemptions from standards.

81 Specific matters that national planning framework may prescribe

The national planning framework may—

(a)

include framework outcomes and policies relating to how decision makers must recognise and provide for—

(i)

the protection of protected customary rights; and

(ii)

the exercise of those rights.

(b)

prescribe the form and content of resource consents including categories of resource consents:

(c)

prescribe exemptions for the purpose of biosecurity control or pest control, from any provision of section 22, either absolutely or subject to any prescribed conditions, and either generally or specifically or in relation to particular descriptions of contaminants or to the discharge of contaminants in particular circumstances or from particular sources, or in relation to any area of land, air, or water specified in the national planning framework:

(d)

require holders of resource consents to keep records for any purpose under this Act, and—

(i)

prescribe the nature of the records, and the form, manner, and times in or at which they must be kept or supplied; and

(ii)

require the records to be supplied to a person exercising or performing powers or functions under this Act or to the Director of Maritime New Zealand in the case of a coastal permit:

(e)

prescribe any substance to be a harmful substance for the purposes of section 24(7):

(f)

prescribe any waste or other matter to be toxic or hazardous waste for the purposes of section 25(2):

(g)

prescribe, for the purpose of the definition of dumping in section 7, any operations of a ship, an aircraft, or offshore installation that are normal operations:

(h)

provide measures for the purpose of excluding stock from water bodies, estuaries, coastal lakes and lagoons, and the margins of those water bodies, estuaries, and coastal lakes and lagoons, including measures that—

(i)

apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):

(ii)

apply generally in relation to water bodies, estuaries, coastal lakes and lagoons, and their margins or to specified kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:

(iii)

apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:

(iv)

prescribe technical requirements (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):

(i)

prescribe procedural and technical requirements for land that is used for an activity or industry listed in the HAIL.

82 National planning framework may provide for transitional provisions

The national planning framework may include transitional provisions for any matter, including its effect on existing matters or proceedings.

Compare: 1991 No 69 s 45A

83 Monitoring and reporting by regional planning committees and local authorities

The national planning framework may give directions to regional planning committees or local authorities on monitoring and reporting on matters relevant to the framework.

Compare: 1991 No 69 s 45A

84 National planning framework may include provision about other matters

The national planning framework may include provisions about any other matter that accords with the purpose of the national planning framework.

Compare: 1991 No 69 s 45A

85 Incorporation by reference

(1)

The national planning framework may incorporate material by reference in accordance with the Legislation Act 2019, subject to the following modifications:

(a)

the written material to which section 64(1)(c) of that Act applies, may include material relating to non-technical matters (for example, maps):

(b)

clause 1 of Schedule 2 of that Act may be satisfied if—

(i)

the Minister makes the proposed material publicly available at the same time the NPF proposal undergoes public notification under clause 8 of Schedule 6; and

(ii)

after considering any comments made and having regard to the purpose of the Legislation Act 2019, the responsible Minister is satisfied of the matters described in clause (1)(d)(i) to (iii) of Schedule 2 of that Act.

(2)

To avoid doubt,—

(a)

section 66 of the Legislation Act 2019 applies with all necessary modifications; and

(b)

clause 1 of Schedule 2 of the Legislation Act 2019 may be followed without reliance on subsection (1)(b).

Subpart 9—Directions on approaches and methods

Adaptive management approach

86 Adaptive management approach

(1)

The national planning framework may direct a plan to direct the use of an adaptive management approach under section 233 if the responsible Minister is satisfied that—

(a)

there is likely to be a significant change in the environment; but

(b)

the timing and the magnitude of that change are uncertain.

(2)

A direction to use an adaptive management approach may set out—

(a)

criteria; and

(b)

particular kinds of approach; and

(c)

methodology.

Allocation method

87 Directions on allocation method

(1)

The national planning framework may give directions that—

(a)

provide further detail on the meaning of the resource allocation principles:

(b)

require or prohibit the use of a specified allocation method or specified range of allocation methods for a specified resource or in specified circumstances:

(c)

define a particular allocation method:

(d)

direct how a regional planning committee must have regard to the allocation principles when developing an allocation method in a plan:

(e)

require a regional planning committee to specify an allocation method or methods for a resource described in section 126(3):

(f)

specify other resources for which an allocation method is required or permitted by a plan:

(g)

specify any matter that a regional planning committee must consider or adopt when providing for any allocation method in a plan (for example, a direction on any plan outcome, policy, process, or method):

(h)

provide for the frequency and duration of the required time period in section 306:

(i)

set out criteria that decision makers must have regard to when determining the merits of affected applications under section 314.

(2)

The Minister must, when developing a direction under any of subsection (1)(b) to (i), have regard to the resource allocation principles.

88 Use of market-based allocation method to determine right to apply for resource consent for certain activities

(1)

The national planning framework may, subject to subsection (4), require or permit the use of a market-based allocation method to determine the allocation of a right to apply for a resource consent for an activity relating to—

(a)

the taking, diverting, or use of geothermal water:

(b)

the capacity of freshwater to assimilate a discharge of a contaminant:

(c)

the capacity of geothermal water to assimilate a discharge of a contaminant:

(d)

the taking or use of heat or energy from water other than open coastal water:

(e)

the taking or use of heat or energy from the material surrounding geothermal water:

(f)

the capacity of coastal water (including estuaries) to assimilate a discharge of a contaminant:

(g)

the taking or use of heat or energy from open coastal water:

(h)

the capacity of air to assimilate a discharge of a contaminant:

(i)

a resource specified in the national planning framework as a resource for which an allocation method must or may be used.

(2)

The national planning framework may impose requirements relating to the use of the market-based allocation method and processes to be followed.

(3)

Before making a direction under subsection (1) or (2), the Minister must have regard to the resource allocation principles.

(4)

A market based allocation method must not be used to determine the allocation of a right to apply for a resource consent for an activity relating to—

(a)

a resource that is not described in subsection (1); or

(b)

the taking, diverting, or use of freshwater.

Subpart 10—How framework rule relates to other instruments

89 Framework rule prevails unless exceptions apply
Framework rule prevails over plan rule subject to exceptions

(1)

A framework rule prevails over a plan rule unless—

(a)

the plan rule is more stringent than the framework rule and the framework rule expressly says that a plan rule may be more stringent than it; or

(b)

the plan rule is more lenient than the framework rule and the framework rule expressly says that a plan rule may be more lenient than it.

When plan rule more stringent

(2)

For the purpose of subsection (1)(a),—

(a)

a plan rule is more stringent than a framework rule if the plan rule classifies an activity with a more restrictive activity status than the framework rule; and

(b)

if a plan rule and a framework rule classify the same activity as permitted, the plan rule is more stringent if it imposes more restrictive conditions or requirements.

When plan rule more lenient

(3)

For the purpose of subsection (1)(b),—

(a)

a plan rule is more lenient than a framework rule if the plan rule classifies an activity with a less restrictive activity status than the framework rule; and

(b)

if a plan rule and a framework rule classify the same activity as permitted, the plan rule is more lenient if it imposes less restrictive conditions or requirements; and

(c)

if a plan rule and a framework rule classify the same activity as controlled, the plan rule is more lenient if it gives the consent authority less discretion to decline.

Certain consents and permits prevail over framework rule

(4)

A land use consent administered by a territorial authority or a subdivision consent prevails over a framework rule if it is issued before the date on which the framework rule commences.

(5)

A land use consent administered by a regional council, a coastal permit, a water permit, or a discharge permit—

(a)

prevails over a framework rule if it is issued before the date on which the framework rule commences; and

(b)

prevails over the framework rule until and to the extent that a review of the conditions of the permit or consent under section 277(1)(b) results in some or all of the framework rule prevailing over the permit or consent.

If framework rule requires resource consent for activity

(6)

If a framework rule requires a resource consent to be obtained for an activity, sections 26 to 30 apply to the activity as if the framework rule were a plan rule that had become operative.

Compare: 1991 No 69 s 43B

90 Relationship between framework rule and water conservation orders

(1)

A water conservation order that is more stringent than a framework rule applying to water prevails over the framework rule.

(2)

A framework rule applying to water that is more stringent than a water conservation order prevails over the order.

Compare: 1991 No 69 s 43C

91 Relationship between framework rules and bylaws

(1)

A bylaw that is more stringent than a framework rule prevails over the framework rule, if the framework rule expressly says that a bylaw may be more stringent than it.

(2)

For the purposes of subsection (1), a bylaw is more stringent than a framework rule if it prohibits or restricts an activity that the framework rule permits or authorises.

(3)

A bylaw may be more lenient than a framework rule if the framework rule expressly specifies that the bylaw may be more lenient.

(4)

For the purposes of subsection (3), a bylaw is more lenient than a framework rule if it permits or authorises an activity that the framework rule prohibits or restricts.

(5)

In this section, bylaw means a bylaw made under any enactment.

Compare: 1991 No 69 s 43E

92 Relationship between framework rules and designations

(1)

Work carried out under a designation that exists when a framework rule is made is not required to comply with the framework rule until the earlier of the following occurs:

(a)

the designation lapses:

(b)

the designation is altered under section 521 by the alteration of conditions in it to which the framework rule is relevant.

(2)

If the conditions of a designation are altered as described in subsection (1)(b), the framework rule—

(a)

applies to the altered conditions; and

(b)

does not apply to the unaltered conditions.

(3)

A framework rule prevails over a designation if, when the framework rule is made,—

(a)

the designation exists; and

(b)

no primary CIP has been submitted.

(4)

A framework rule that exists when a designation is made prevails over the designation.

(5)

A use is not required to comply with a framework rule if—

(a)

the use was lawfully established by way of a designation that has lapsed; and

(b)

the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and

(c)

the framework rule is made—

(i)

after the designation was made; and

(ii)

before or after it lapses.

(6)

Work under a designation is not required to comply with a framework rule if the work has come under the designation through the following sequence of events:

(a)

the work is made; and

(b)

the framework rule is made; and

(c)

the designation is applied to the work.

(7)

In this section, conditions includes a condition about the physical boundaries of a designation.

Compare: 1991 No 69 s 43D

Subpart 11—Preparation, change, and review of national planning framework

93 Preparation, change, review, and publication of national planning framework

(1)

The national planning framework, and any changes to it, must be prepared in accordance with the applicable process set out in Schedule 6.

(2)

The national planning framework must be reviewed in accordance with Part 3 of Schedule 6.

(3)

The national planning framework must be published in accordance with clause 30 of Schedule 6.

(4)

Clause 31 of Schedule 6 applies to the preparation of the first national planning framework.

94 Responsible minister

(1)

This section applies for the purpose of the preparation, change, or review of the national planning framework.

(2)

The Minister for the Environment—

(a)

is the responsible Minister in relation to any provision that applies to both—

(i)

the coastal marine area; and

(ii)

an area outside the coastal marine area; and

(b)

must consult with the Minister of Conservation before exercising or performing a power or function conferred by this Part or Schedule 6 that relates to the preparation, change, or review of that provision.

(3)

The Minister for the Environment is the responsible Minister in relation to any provision that applies only to an area outside the coastal marine area.

(4)

The Minister of Conservation—

(a)

is the responsible Minister in relation to any provision that applies only to a coastal marine area; and

(b)

must consult the Minister for the Environment before exercising or performing a power or function conferred by this Part or Schedule 6 that relates to the preparation, change, or review of that provision.

Part 4 Natural and built environment plans

Subpart 1—Preliminary matters

Purpose and scope of plans

95 Natural and built environment plans

(1)

There must at all times be a natural and built environment plan (a plan) for each region.

(2)

However, in the case of the Nelson and Tasman unitary authorities, there must be 1 plan that applies jointly to the 2 authorities.

96 Purpose of plans

The purpose of a plan is to further the purpose of this Act by providing for the integrated management of the natural and built environment in the region that the plan relates to.

Compare: 1991 No 69 s 63

97 Scope of plans

In furthering the purpose of this Act, a plan must—

(a)

give effect in the region to the national planning framework, as directed by that framework; and

(b)

be consistent with the relevant regional spatial strategy.

98 How plans are prepared, notified, and made

(1)

The plan for a region, and any changes to it, must be made—

(a)

by that region’s planning committee; and

(b)

using the process set out in Schedule 7.

(2)

In the case of the joint plan for the Nelson and Tasman unitary authorities, the single regional planning committee appointed for the combined regions has responsibility for making a plan for the 2 unitary authorities.

99 General considerations relevant to regional planning committee decisions

(1)

A regional planning committee must comply with this Part when making decisions on a plan.

(2)

In addition to the matters set out in this Part and those listed in section 6 (decision-making principles), a committee must have regard to the extent to which it is appropriate for conflicts between system outcomes to be resolved by the plan or by resource consents or designations, subject to direction by the national planning framework.

100 Regional planning committees to be appointed

(1)

A regional planning committee must be appointed for each region as a statutory body that is a committee of all the local authorities in the region, in accordance with Schedule 8.

(2)

However, in the case of the Nelson and Tasman unitary authorities, 1 regional planning committee must be appointed to carry out the obligations of a planning committee under this Act and under the Spatial Planning Act 2022 for the 2 authorities.

(3)

A regional planning committee must, in performing or exercising its functions, duties, and powers under this Act and under the Spatial Planning Act 2022, act independently of the host local authority and other local authorities in its region, in accordance with the local authority within which planning the committee operates (host local authority).

(4)

A regional planning committee has separate legal standing from its constituent authorities and organisations for the purpose of commencing, or being a party to, or being heard in legal proceedings.

(5)

Once established, a regional planning committee must not be disestablished, except by an Act.

(6)

Provisions on the membership, support, and operations of a regional planning committee are set out in Schedule 8.

101 Schedules 7 and 8 apply

(1)

Schedule 7 applies to the process for making and changing plans.

(2)

Schedule 8 applies to the appointment of regional planning committees and to their procedures and other relevant matters.

(3)

In the case of the Nelson and Tasman unitary authorities, Schedules 7 and 8 apply as if the regions of those 2 authorities were a combined region, and each authority were a territorial authority in that region.

Subpart 2—Contents of plans

102 What plans must include

(1)

A plan must have strategic content that reflects the major policy issues of a region and its constituent districts.

(2)

A plan must—

(a)

manage the resources of the natural and built environment; and

(b)

manage the effects of using and developing the environment, including cumulative effects; and

(c)

achieve environmental limits (including interim limits) and targets; and

(d)

provide for system outcomes, subject to any direction given in the national planning framework; and

(e)

resolve conflicts relating to any aspect of the natural and built environment in the region, including conflicts between or among the environmental outcomes stated for the region and its constituent districts; and

(f)

provide processes to deal with cross-boundary issues with adjacent local authorities, including the extent to which the plan must have regard to regional spatial strategies and plans of adjacent local authorities; and

(g)

identify land, the coastal marine area, or any natural resource in the region for which protection, or a particular use or development, is a priority; and

(h)

include provisions that give effect to any water conservation order applying to a river within the region of which the plan applies; and

(i)

ensure the integration of infrastructure with land use; and

(j)

ensure that there is sufficient development capacity of land for housing and business to meet the expected demands of the region and its district.

Compare: 1993 No 69 ss 62, 67, 75

103 General: matters within the responsibility of regional councils and territorial authorities

(1)

The matters that must be included in a natural and built environment plan are—

(b)

those set out in section 644(b) and (c) for which the regional council is responsible:

(a)

those for which the territorial authority is responsible, as set out in section 646.

(2)

The matters that may be included in a plan are those for which a regional council is responsible, as set out in section 644(a), (d), (e), (f), and (g).

Compare: 1991 No 69 s 30(1)(a)–(gb)

104 Plans must be consistent with regional spatial strategies

Every plan must be consistent with the relevant regional spatial strategy, unless and to that extent that,—

(a)

new information becomes available that supersedes the information used to determine the content of the regional spatial strategy; and

(b)

there is a significant change in circumstances or in the physical environment since the regional spatial strategy was developed (for example, a major environmental or economic event).

105 What plans may include

(1)

A plan may—

(a)

include plan outcomes and policies, rules, and other methods:

(b)

specify a non-regulatory method for achieving plan outcomes and policies, as long as the relevant local authority has agreed to the funding necessary to implement a method—

(i)

in its annual or long-term plan made under the Local Government Act 2002; or

(ii)

by any other funding mechanism within the competency of the local authority:

(c)

make provision for environmental contributions to be included in plan outcomes, policies, and rules, including rules to authorise the imposition of conditions requiring the payment of environmental contributions:

(d)

include provisions that enable a local authority to respond to, or contribute to, the immediate or long-term recovery from an emergency event:

(e)

specify that any part of the plan is, for administrative purposes, relevant to 1 or more particular local authorities in the region:

(f)

include provisions that manage the effects of fishing in the coastal marine area (but see section 124(9)):

(g)

include any other matters desirable for the plan to achieve its purpose.

(2)

If a plan includes a rule relating to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, the plan may state—

(a)

whether the rule under section 279 will affect the exercise of existing resource consents for activities which contravene the rule; and

(b)

that the holders of resource consents may comply with the terms of the rule, or rules, in stages or over specified periods.

106 Te Oranga o te Taiao statement

(1)

An iwi or hapū may, at any time, provide a statement on te Oranga o te Taiao to the relevant regional planning committee.

(2)

A statement by an iwi or hapu on te Oranga o te Taiao may relate to allocation matters.

107 Considerations relevant to preparing and changing plans
Matters to which regional planning committee must have particular regard

(1)

In addition to the matters to be included in plans under sections 102, 103, and 105, a regional planning committee must have particular regard to—

(a)

a statement of community outcomes prepared by a territorial authority or unitary authority; and

(b)

a statement of regional environmental outcomes prepared by a regional council; and

(c)

any relevant planning document recognised by an iwi authority or 1 or more groups that represent hapū.

(2)

Subsection (1) applies only as far as the matters set out in subsection (1)(a) to (c) are relevant to the matters dealt with in the plan.

Matters to which committee must have regard

(2)

A regional planning committee must have regard to—

(a)

relevant entries on the New Zealand Heritage List/ Rārangi Kōrero made under the Heritage New Zealand Pouhere Taonga Act 2014; and

(b)

the extent to which a plan under this Act must be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

(3)

A regional planning committee may incorporate documents by reference in its plan, as provided for by Schedule 12.

108 Matters that must be disregarded when preparing or changing plans

In preparing or changing a plan, a regional planning committee must disregard the following:

(a)

trade competition or the effects of trade competition (see sections 147 to 151); or

(b)

any effect on scenic views from private properties or land transport assets that are not stopping places; or

(c)

any effect on the visibility of commercial signage or advertising; or

(d)

any adverse effect arising from the use of the land by–

(i)

people on low incomes; or

(ii)

people with special housing needs; or

(iii)

people whose disabilities mean that they need support or supervision in their housing.

Consistency with regional spatial strategies

109 Plans must be consistent with regional spatial strategies

Every plan must be consistent with the relevant regional spatial strategy, unless and to that extent that—

(a)

new information becomes available that supersedes the information used to determine the content of the regional spatial strategy; and

(b)

there is a significant change in circumstances or in the physical environment since the regional spatial strategy was developed (for example, a major environmental or economic event).

110 Adaptive management approach in plan

(1)

A plan may direct the use of an adaptive management approach under section 233 if—

(a)

there is likely to be a significant change in the environment; but

(b)

the timing and the magnitude of that change are uncertain.

(2)

A direction in a plan to use an adaptive management approach may provide for—

(a)

criteria for use of that approach; and

(b)

a methodology for using that approach.

Statutory acknowledgements

111 Statutory acknowledgements to be attached to plans

(1)

Every statutory acknowledgement that applies in a region must be attached to, and treated as part of, the plan for that region.

(2)

The provisions of the legislation that provides for a statutory acknowledgement apply.

(3)

However, a statutory acknowledgement is not subject to the processes applying under this Act for the preparation of a plan that provide for a plan to be reviewed or changed.

Environmental contributions

112 Specific requirements relating to environmental contributions

(1)

A regional planning committee may make rules requiring an environmental contribution for any class of activity other than a prohibited activity.

(2)

A rule requiring an environmental contribution must specify—

(a)

the purpose for which a contribution is required, which may include—

(i)

ensuring that positive effects on the environment are achieved:

(ii)

making a mechanism to offset adverse effects available:

(iii)

providing an incentive for good environmental design and practice to be adopted; and

(b)

the outcomes in the plan that the contribution supports or contributes to; and

(c)

how the amount of the contribution is to be determined; and

(d)

when the contribution will be required; and

(e)

the local authority with responsibility for administering the rule and to which the contribution is to be applied.

(3)

Rules relating to contributions—

(a)

may be applied differently in different districts of a region; and

(b)

may specify the circumstances when a contribution may be rebated by a local authority; and

(c)

if a rebate of an environmental contribution is available, the rule must specify—

(i)

the measures that must be undertaken to achieve good environmental practice in the context of a particular activity; and

(ii)

how a rebate is to be calculated, including what percentage of the total contribution may be reimbursed.

(4)

In making a rule for a region that will require contributions, a regional planning committee must—

(a)

have particular regard to any relevant environmental contribution policy summarised in accordance with section 106(2)(f) of the Local Government Act 2002 by 1 or more local authorities within that region; and

(b)

consult all the local authorities within the region about any rules it proposes relating to the imposition of contributions.

Compare: 1991 No 69 s 77E; 2002 No 84 s 106(2)(f)

Aquaculture activities

113 Plan must require all permitted aquaculture activities to be registered with consent authority

A plan must require all aquaculture activities that are permitted activities to be registered with the relevant consent authority through a permitted activity notice.

114 What is required if aquaculture activity described as permitted

(1)

This section applies if a person is intending to undertake, in a customary marine title area, an aquaculture activity that is a permitted activity.

(2)

Before the person may commence the activity in a specified customary marine title area, they must—

(a)

request the permission of the customary marine title holder to undertake the activity; and

(b)

include in the request, the details necessary to enable the customary marine title holder to make a decision.

(3)

The customary marine title holder may grant or decline permission on any grounds, but must do so in writing not later than 40 working days after receiving the request.

(4)

The person making the request has no right of objection or appeal against the decision of the customary marine title holder, but if that person does not receive notice of the decision of the holder within the time frame referred to in subsection (3), the holder is to be treated as having given permission for the activity to be carried out.

(5)

A rule that describes an aquaculture activity as a permitted activity must include the requirements set out in this section.

(6)

This section does not apply to an accommodated activity.

115 Aquaculture zones

(1)

A plan may prescribe aquaculture zones.

(2)

A plan may include aquaculture rules (aquaculture zone rules) for the management of aquaculture activities or a specified class of those activities or aquaculture-related resources in an aquaculture zone.

(3)

A plan that contains aquaculture zones must—

(a)

specify the geographic boundaries of each aquaculture zone:

(b)

ensure that no application (other than under an authorisation) can be made for a coastal permit to occupy space in an aquaculture zone before a date to be specified in a public notice:

(c)

prohibit any applications for coastal permits for aquaculture activities in parts of an aquaculture zone where the chief executive under the Fisheries Act 1996 has made an aquaculture zone decision that is a reservation related to customary fishing or recreational fishing or commercial fishing for stocks not subject to the quota management system.

Protection of customary marine title areas

116 Amendments to plan that affect customary marine title area

(1)

This section applies to a regional planning committee each time—

(a)

there is a proposed change (including any private plan change), variation, or review of the plan; and

(b)

the proposed change, variation, or review applies to a customary marine title area.

(2)

The regional planning committee must initiate the process required by section 93(6) of Marine and Coastal Area (Takutai Moana) Act 2011, and for that purpose,—

(a)

recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and

(b)

actively consider any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.

(3)

In this section, planning document means a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011.

Subpart 3—Rules in plans

117 Purpose and effect of rules

(1)

The purpose of including rules in a plan is to enable a local authority—

(a)

to carry out its functions under this Act; and

(b)

to provide for the implementation of directions given by or under the national planning framework; and

(c)

to achieve the outcomes and policies specified in the plan.

Regulatory function of rules

(2)

Rules have the force and effect of regulations, but if a rule is inconsistent with a regulation, the regulation prevails.

Application of rules

(3)

A rule may—

(a)

apply through the whole of a region or district or a part only:

(b)

make different provision for different parts of the region or for different classes of effects arising from an activity:

(c)

apply all of the time or for stated periods or seasons:

(d)

be specific or general in its application:

(e)

exempt from its coverage an area or a class of contaminated land if the rule sets out—

(i)

how any significant adverse effects of a hazardous substance on the natural and built environment are to be remedied or mitigated; or

(ii)

how any significant adverse effects on the natural and built environment likely to arise from the hazardous substance are to be avoided; or

(iii)

that the land may be treated as not being contaminated for the purposes that the rule states.

Administration of rules

(4)

A plan must, in relation to a rule, assign responsibility for administering that rule to the regional council or to 1 or more territorial authorities, as appropriate.

(5)

Subsection (4) does not apply in a region whose plan is administered by a unitary authority.

Rules for different categories of activity

(6)

Rules may be included in a plan—

(a)

to identify activities as—

(i)

permitted; or

(ii)

controlled; or

(iii)

discretionary; or

(iv)

prohibited:

(b)

that apply to 1 or more than 1 category of activity.

Rules for protection of property

(7)

Rules may be made to protect other property from the effects of surface water, and may require persons undertaking the work to achieve performance criteria additional to, or more restrictive than, those specified in the building code.

(8)

In subsection (7), building code and other property have the meanings given in section 7(1) of the Building Act 2004.

When control must be reserved

(9)

In relation to activities classified as controlled activities, the rules must specify the matters over which the local authorities reserve control in relation to an activity.

Compare: 1991 No 69 ss 68(1), (2), (2A), (5)(a)–(d), 77A, 77B(2)

118 Rules about discharges

(1)

A regional planning committee must be satisfied that the requirement described in subsection (2) can be met before it includes in a plan a rule that allows as a permitted activity—

(a)

a discharge of a contaminant or water into water; or

(b)

a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water.

(2)

The requirement is that none of the following effects is likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants):

(a)

conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

(b)

any conspicuous change in the colour or visual clarity:

(c)

any emission of objectionable odour:

(d)

fresh water made unsuitable for farm animals to drink:

(e)

any significant adverse effects on aquatic life.

(3)

Before a regional planning committee includes in a plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the planning committee—

(a)

must be satisfied that including that rule is the most efficient and effective means of preventing or minimising that adverse effect on the environment; and

(b)

must have had regard to—

(i)

the nature of the discharge and the receiving environment; and

(ii)

other alternatives, including a rule requiring the observance of minimum standards of quality of the environment.

Compare: 1991 No 69 s 70

119 Activities affecting relationship of customary marine title group with their customary marine title area

(1)

A regional planning committee must undertake an assessment of activities to identify activities that will have, or are likely to have, more than a minor adverse effect on the relationship of a customary marine title group to their customary marine title area.

(2)

A rule in the plan must provide that an activity identified under subsection (1), if carried out within a customary marine title area is,—

(a)

an activity that requires a resource consent; or

(b)

a permitted activity that requires, unless it is an accommodated activity, the written approval of the relevant customary marine title group (see also section 67(2)(a) of the Marine and Coastal Area (Takutai Moana) Act 2011).

(3)

Subsection (2) does not limit any other conditions or requirements specified in the national planning framework or plan that apply to a permitted activity.

(4)

When developing rules under this section, a regional planning committee must engage with customary marine title groups within the region and have regard to their views.

(5)

Each time a plan is proposed to be changed in relation to an area that includes the common marine and coastal area, the regional planning committee must follow the process in subsection (1).

120 Imposition of coastal occupation charges

(1)

A regional planning committee must consider whether a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included in a plan (if it is not already included).

(2)

For the purpose of subsection (1), a regional planning committee must have regard to—

(a)

the extent to which public benefits from the coastal marine area are lost or gained; and

(b)

the extent to which private benefit is obtained from the occupation of the coastal marine area.

(3)

If the regional planning committee considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the plan.

(4)

If the regional planning committee considers that a coastal occupation charging regime should be included, the planning committee must specify in the plan—

(a)

the circumstances when a coastal occupation charge will be imposed; and

(b)

the circumstances when the regional planning committee will consider waiving (in whole or in part) a coastal occupation charge; and

(c)

the level of charges to be paid or the manner in which the charge will be determined; and

(d)

in accordance with subsection (6), the way the money received will be used.

(5)

No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the plan.

(6)

A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

(7)

Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area.

Compare: 1991 No 69 s 64A

121 Rules relating to aquaculture zones

(1)

A plan may include rules that apply to an aquaculture zone (aquaculture zone rules).

(2)

Aquaculture zone rules in a plan may provide for the management of aquaculture activities or a specified class of those activities, or aquaculture related resources in an aquaculture zone.

122 Rules relating to contaminated land

(1)

Rules may be included in a plan to exempt an area or a class of contaminated land from the rule.

(2)

However, the rule must—

(a)

state how the significant adverse effects on the environment of the hazardous substance that contaminated the land are to be remedied or mitigated; or

(b)

state how the reasonably likely significant adverse effects on the environment of the hazardous substance are to be avoided; or

(c)

treat the land as not contaminated for purposes stated in the rule.

Compare: 1991 No 69 s 76(5)

123 Rules relating to esplanade reserves

(1)

For allotments less than 4 hectares created by the subdivision of land, a rule may provide, that—

(a)

the required esplanade reserve must be of a width greater or less than 20 metres:

(b)

an esplanade strip of the width specified in the rule may be created under clauses 4 and 5 of Schedule 11 instead of an esplanade reserve:

(c)

section 606 does not apply.

(2)

For allotments 4 hectares or more created by the subdivision of land, a rule may provide that an esplanade reserve or esplanade strip of a specified width must be created or set aside under section 606(3).

(3)

A rule may provide—

(a)

that esplanade reserves required under section 345(3) of the Local Government Act 1974 must be more or less than 20 metres wide:

(b)

that section 345(3) of that Act does not apply.

(4)

Rules made under this section—

(a)

must provide for matters appropriate to the circumstances of the region or district where the rule is to apply; and

(b)

may apply generally, in a particular locality, or in particular circumstances.

Compare: 1991 No 69 s 77

Limitations applying to certain rules

124 Limitations applying to making of rules relating to water and coastal marine area
Rules relating to coastal marine area and coastal waters

(1)

A plan rule that applies to the coastal marine area must not identify any of the following as permitted activities to which section 23 applies:

(a)

the dumping of waste or other matter from a ship, an aircraft, or an offshore installation in the coastal marine area:

(b)

the dumping of a ship, aircraft, or installation in the coastal marine area:

(c)

the incineration of waste or other matter in a marine incineration facility in the coastal marine area

(2)

Subject to subsection (1), subsection (7) and section 118(3) apply to rules included in a plan about the dumping of waste or other matter as if a reference to a discharge of a contaminant includes a reference to the dumping of waste or other matter.

(3)

A plan rule must not identify as a permitted activity in a coastal marine area,—

(a)

any commercial aquaculture that will occupy a space that is not currently the subject of a coastal permit authorising aquaculture activities:

(b)

any aquaculture activity that will occupy a space that is not the currently the subject of a coastal permit authorising an aquaculture activity unless the space is subject to an aquaculture zone decision.

(4)

Schedule 9 applies for the purpose of managing the quality of coastal waters.

Rules relating to water quality

(5)

Subsection (6) applies if a plan includes a rule relating to any of the following:

(a)

maximum or minimum levels, flows, or rates of use of water:

(b)

minimum standards of water quality or air quality:

(c)

ranges of temperature or pressure of geothermal water.

(6)

If a plan includes a rule described in subsection (5), the plan may also state—

(a)

whether the rule affects existing resource consents for activities that contravene the rule:

(b)

that the holder of a resource consent may comply with the terms of the rule in stages or over specified periods of time.

(7)

Standards must not be set that would, or may, result in a reduction in the quality of the water at the time when a proposed plan is notified, unless it is consistent with the purpose of this Act to do so.

(8)

Subsection (7) is subject to the need to allow for reasonable mixing of a discharged contaminant or water (see section 279(4)).

Rules relating to fisheries resources in coastal marine area

(9)

Despite section 105(1)(f), in relation to the functions exercised by a regional council or unitary authority under section 644(b)(i), (ii), and (viii), a plan must not include rules that place controls on taking, allocating, or enhancing fisheries resources in the coastal marine area for the purposes of managing fishing or fisheries resources controlled under the Fisheries Act 1996.

Compare: 1991 No 69 ss 68(4), (7), (8), (9), (10), 68A(1), 69(3)

125 Limitations applying to making rules relating to tree protection

(1)

Subject to direction by the national planning framework, a plan may identify and protect any individual tree or group of trees in a specified location set out in a schedule to the plan if the location or value of the tree justifies its protection, so long as,—

(a)

in the case of an individual tree, the tree is described and the allotment identified by address or legal description or both; or

(b)

in the case of a group of trees, the group is described and the allotment identified by street address or legal description or both.

(2)

Unless directed to do so by the national planning framework, a plan must not impose tree protection provisions where trees are identified only by species, height, or girth but in undefined areas, regardless of their location or value.

(3)

In this section, group of trees means 2 or more trees in a cluster, grove, or line on a single allotment or adjoining allotments.

Allocation methods

126 Rules relating to allocation methods for certain resources

(1)

A plan must include rules that require 1 or more allocation methods to be used for the following resources (to the extent they are available in the region):

(a)

the taking, diverting, or use of freshwater:

(b)

the capacity of freshwater to assimilate a discharge of a contaminant:

(c)

a resource specified in the national planning framework as a resource for which an allocation method must be used.

(2)

A regional planning committee must, when developing rules under subsection (1),—

(a)

ensure that the rules are consistent with any direction or definition in the national planning framework; and

(b)

have regard to the resource allocation principles and any directions on their application set out in the national planning framework.

(3)

A plan may include rules that require 1 or more allocation methods to be used for any of the following resources:

(a)

the taking, diverting, or use of geothermal water:

(b)

the taking or use of heat or energy from water (other than open coastal water):

(c)

the taking or use of heat or energy from open coastal water:

(d)

the capacity of air to assimilate a discharge of a contaminant:

(e)

the capacity of coastal and geothermal water (including estuaries) to assimilate a discharge of a contaminant:

(f)

the taking or use of heat or energy from the material surrounding geothermal water:

(g)

a resource specified in the national planning framework as a resource for which an allocation method may be used.

(4)

A regional planning committee must, when developing rules under subsection (3)

(a)

ensure that the rules are consistent with any direction or definition in the national planning framework; and

(b)

unless directed by the national planning framework, specify the standard consenting process as the allocation method for a resource or if the requirements of subsection (5) are met, specify an alternative allocation method for the resource.

(5)

If a regional planning committee develops rules under subsection (3) that provide an alternative allocation method for a resource, the committee must—

(a)

ensure that the rules are consistent with any direction or definition in the national planning framework; and

(b)

have regard to the resource allocation principles and any directions on their application set out in the national planning framework.

127 Rules may specify applications to be dealt with under process for affected application consenting process

(1)

This section provides for rules that permit a process (affected application consenting process) for determining an affected application.

(2)

A plan may include rules that—

(a)

specify the kind of resource consent application that must be processed, heard, and determined by a consent authority in accordance with the affected application consenting process; and

(b)

specify the kind of resource consent application that must not be processed, heard, and determined by a consent authority in accordance with that process; and

(c)

require resource consent applications to be lodged within a specified time period:

(d)

prohibit the lodging of resource consent applications outside the required time period.

128 How plan may require or permit use of market-based allocation method

(1)

If the national planning framework is silent on the use of a market-based allocation method to determine the right to apply for a resource consent relating to the activities described in section 88(1), a plan may, subject to subsection (3),—

(a)

permit or require the use of a market-based allocation method to determine the allocation of the right to apply for that resource consent; and

(b)

impose requirements relating to the use of the market-based allocation method and processes to be followed; and

(c)

require a person to hold a right to apply before lodging an application under a rule; and

(d)

contain rules that prohibit the lodging of applications for a resource consent by persons who do not hold a right to apply.

(2)

A regional planning committee must have regard to the allocation principles before developing any provision for the purpose of subsection (1).

(3)

A market based allocation method must not be used to determine the allocation of a right to apply for a resource consent—

(a)

for an activity relating to a resource that is not described in section 88(1):

(b)

for taking, diverting, or using freshwater.

129 Rule may allow receipt of certain applications outside required time frame

(1)

A plan may include rules that enable a consent authority to—

(a)

receive resource consent applications under the affected application consenting process (under subpart 7 of Part 5) outside the required time period determined under section 306:

(b)

receive applications for a right to apply outside the time allowed under the national planning framework or a plan.

(2)

A consent authority that receives an application under a rule described in subsection (1) must hold the application without processing it until the next required time period determined under section 306 or the next market-based allocation method to determine the allocation of the right to apply.

(3)

In this section, required time period means the time frame in which the application may be made as set out in the national planning framework or plan.

Legal effect of rules

130 When rules have legal effect
General rule that applies

(1)

A rule in a proposed plan has legal effect only when a decision is made on submissions relating to the rule and publicly notified under clause 62 or 127 of Schedule 7.

(2)

However, subsection (1) does not apply if—

(a)

the rule is given immediate legal effect under any of the circumstances described in subsection (4); or

(b)

the Environment Court makes an order under section 133 setting a different date for the rule to have legal effect; or

(c)

the regional planning committee resolves that the rule has legal effect when the proposed plan becomes operative in accordance with clause 41 of Schedule 7.

(3)

Subsection (2)(c) applies only if—

(a)

the regional planning committee makes the decision before notifying the proposed plan under clause 31 or 46 of Schedule 7; and

(b)

that decision is included with the notification given of the plan; and

(c)

the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 132).

Immediate legal effect

(4)

A rule in a proposed plan has immediate legal effect if the rule—

(a)

protects, or relates to, water, air, or soil (for soil conservation):

(b)

protects areas of significant indigenous vegetation:

(c)

protects areas of significant habitats of indigenous animals:

(d)

protects cultural heritage:

(e)

provides for, or relates to, aquaculture activities.

(5)

In this section,—

immediate legal effect means having legal effect on and from the date on which public notice of the proposed plan and rule is given under clause 14 or 31 of Schedule 7

rescinded means, in respect of a decision, that public notice is given of a decision being rescinded, including a description of the decision and the date on which it was rescinded.

Compare: 1991 No 69 s 86B

131 Rules that have early or delayed legal effect

(1)

A regional planning committee must identify any rules in a proposed plan that have legal effect from a date other than the date that would apply under section 130(1).

(2)

That information must be clearly identified—

(a)

at the time the proposed plan is notified under clause 31 or 46 of Schedule 7; or

(b)

as soon as practicable after the date is determined, if the rule is the subject of an application under section 133 and the application is not determined before the proposed plan is notified.

(3)

A rule that subsection (1) applies to—

(a)

does not form part of the proposed plan; and

(b)

may be removed from the proposed plan by the relevant regional planning committee without further authorisation than this subsection once the plan becomes operative in accordance with clause 41 of Schedule 7.

Compare: 1991 No 69 s 86E

132 When rule has legal effect if resolution to delay rescinded

(1)

This section applies to a rule in respect of which the relevant regional planning committee has made a resolution as described in section 130(2)(c).

(2)

The rule has legal effect from the later of—

(a)

the day after the date on which the regional planning committee gives public notice that the resolution in relation to the rule is rescinded; and

(b)

the day on which a decision on submissions relating to the rule is made and publicly notified under clause 62 or 127 of Schedule 7.

Compare: 1991 No 69 s 86C

133 Environment Court may provide for legal effect of rule

(1)

A regional planning committee may apply to the Environment Court for an order that provides for a rule in a proposed plan to have legal effect from a date other than the date identified in the committee’s decision publicly notified on the recommendations under clause 14 or 31 of Schedule 7.

(2)

An order, if granted, must specify the date from which the rule is to have legal effect, which must be not earlier than the later of—

(a)

the date that the proposed plan is publicly notified; and

(b)

the date of the court order.

(3)

This section does not apply to a rule that section 130(4) applies to.

Compare: 1991 No 69 s 86D

134 Rules with early or delayed legal effect must be identified

(1)

A regional planning committee must identify any rules in a proposed plan that have legal effect from a date other than the date on which the decisions on recommendations relating to the rule is made and publicly notified (see section 130(1)).

(2)

The identification of a rule under subsection (1)

(a)

does not form part of the proposed plan; and

(b)

may be removed by the regional planning committee without further authority that this subsection once the plan becomes operative in accordance with clause 41 of Schedule 7.

Compare: 1991 No 69 s 86E

Operative effect of rules

135 When rules to be treated as operative

A rule in a proposed plan must be treated as operative if the time for making submissions or lodging appeals on the rule has expired, and if—

(a)

no submissions opposing the rule have been made or appeals have been lodged; or

(b)

all opposing submissions have been determined or withdrawn; or

(c)

all appeals have been determined, or withdrawn or dismissed.

Compare: 1991 No 69 s 86F

136 Rule does not include rule not operative or having legal effect

Unless otherwise expressly provided by this Act, a reference to a rule in this Act or in regulations made under it does not include a reference to a rule—

(a)

that has not taken legal effect in accordance with section 130; or

(b)

has not become operative under section 135.

Compare: 1991 No 69 s 86G

Subpart 4—Miscellaneous matters relevant to the making and implementation of plans

Protected customary rights

137 Rules adversely affecting protected customary rights holders

(1)

A plan must not contain a rule that describes an activity as permitted if the activity would, or would be likely to, have a more than minor adverse effect on the exercise of a protected customary right granted under the Marine and Coastal Area (Takutai Moana) Act 2011.

(2)

If a protected customary rights group considers that a plan rule does not comply with subsection (1), the holder may—

(a)

make a submission to the relevant local authority under clause 34 of Schedule 7; or

(b)

request a change under clause 4 of Schedule 7; or

(c)

apply to the Environment Court under clause 49 of Schedule 13 for a change to the rule.

(3)

In determining whether the rule in question complies with subsection (1), the local authority or the court, as the case may be, must consider the following matters:

(a)

the effects of the proposed activity on the exercise of the protected customary right; and

(b)

the area that the proposed activity would have in common with the area to which the protected customary right applies; and

(c)

the degree to which the proposed activity must be carried out to the exclusion of other activities; and

(d)

the degree to which the exercise of the protected customary right must be carried out to the exclusion of other activities; and

(e)

whether the protected customary right can be exercised only in a particular area.

Compare: 1991 No 69 ss 85A, 85B

138 Rules relating to wāhi tapu conditions

(1)

A rule must not describe an activity as permitted if the activity would or would be likely to be contrary to any wāhi tapu conditions in a customary marine title order or agreement.

(2)

A rule that describes an activity in the common coastal marine area as permitted must—

(a)

require compliance with any wāhi tapu conditions in a customary marine title order or agreement that comes into effect after the rule is made operative; and

(b)

contain standards for measuring compliance with those conditions.

Controls over land

139 Land subject to controls

(1)

An interest in land must be treated as not being taken or injuriously affected because of a provision in a plan, unless the contrary is expressly provided for in this Act.

(2)

If a person with an interest in land considers that a provision in a plan or proposed plan applying to that person’s interest makes, or would make, the interest in the land incapable of reasonable use, that person may challenge the provision or proposed provision.

(3)

The person may do so by—

(a)

making a submission under Schedule 7 in respect of the provision or proposed provision; or

(b)

applying to change the plan under clause 69 of Schedule 7.

(4)

A reference in this section and section 140 to a provision in a plan or proposed plan does not include a designation, heritage protection order, or a requirement for a designation or heritage protection order.

(5)

In this section and section 140, reasonable use, in relation to land, includes the use or potential use of the land for any activity if the actual or potential effects of the activity would not be significant on the natural and built environment or on any person other than the applicant.

Compare: 1991 No 69 s 85(1), (2), (6)

140 Jurisdiction of Environment Court over land subject to controls

(1)

This section applies if—

(a)

an application is made to the Environment Court to change a plan under clause 69 of Schedule 7:

(b)

an appeal is made to that court concerning a provision in a proposed plan or a change to a plan.

(2)

The grounds that must be satisfied by the applicant or appellant are that the provision or proposed provision of a plan—

(a)

makes the relevant land incapable of reasonable use; and

(b)

places an unfair and unreasonable burden on any person with an interest in that land.

(3)

In determining whether the grounds set out in subsection (2) are met, the court may assess and take into account the risks or future risks (if any) identified as relevant to the land in question.

(4)

Section 141 applies if the court is satisfied that the grounds in subsection (2), as assessed under subsection (3) (if relevant), are met.

Compare: 1991 No 69 ss 85(3), (3B),

141 Court’s determination

(1)

In determining an application provided for in section 140(1), the Environment Court may direct the relevant regional planning committee to do whichever of the following the committee considers appropriate:

(a)

modify, delete, or replace the provision in the plan or proposed plan in the manner that the court directs; or

(b)

notify the relevant local authority that it is required to offer to acquire all or part of the estate or interest in the land under the Public Works Act 1981, as long as—

(i)

the person with the estate or interest agrees to that course of action; and

(ii)

the requirements of subsection (3) are met.

(2)

Before the court gives a direction or report under subsection (1), it must have regard to Part 2, including the effect of section 17(2) (use of land).

(3)

The court must not give a direction under subsection (1)(b) unless the person with the estate or interest in the land concerned or part of it (or that person’s spouse, civil union partner, or de facto partner)—

(a)

had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or included in the relevant plan or proposed plan; and

(b)

the provision or proposed provision remained in substantially the same form.

(4)

If an offer to acquire the relevant estate or interest in the land or part of it is made under subsection (1)(b)

(a)

is accepted, the local authority is responsible for implementing the acquisition under the Public Works Act 1981, including meeting the costs of the acquisition:

(b)

is not accepted, the provisions in the plan remains in force unaffected or, if not already in force, comes into force without modification.

(5)

A direction given under subsection (1) has effect as if it were given under clause 136 of Schedule 7.

(6)

This section does not limit the powers of the Environment Court.

Compare: 1991 No 69 s 85(3A), (3D), (4), (5)

142 Power to acquire land

(1)

A local authority may, by agreement under the Public Works Act 1981, acquire land or an interest in land in its region or district if, under the operative plan, the local authority considers that the acquisition is necessary or necessary for 1 or both of the following purposes:

(a)

to terminate or prevent a prohibited activity in relation to the land:

(b)

to facilitate activity in relation to the land that is in accordance with the outcomes and policies specified in the plan.

(2)

A plan must not oblige a local authority to acquire land, except as provided in section 141(1)(b) or 524.

(3)

A person whose estate or interest in land is taken for a purpose authorised by subsection (1) is entitled to the compensation that the person would have been entitled to if the land had been acquired for a public work under the Public Works Act 1981.

Compare: 1991 No 69 ss 85A, 85B

143 Boundary adjustments

(1)

If the boundaries of a region or of a district are changed so that any part of the region or district comes within the jurisdiction of a different local authority,—

(a)

the plan or proposed plan that applied in the area before the change to the boundaries continues to apply to the area and is to be treated as part of the plan or proposed plan of the different local authority; and

(b)

any activity that was, before the change, undertaken under section 135, may be continued as if the change to the boundaries had not taken place.

(2)

If the boundaries of a district are changed to include, within the district, an area that was not previously within the boundaries of another district, the land must not be used—

(a)

unless the use is expressly allowed by a resource consent; or

(b)

until the plan provides that the land may be used as proposed.

(3)

If the boundaries of a district are changed, the relevant territorial authority must, as soon as practicable (but not later than 2 years after the change comes into effect), request the relevant planning committee to change the plan as the committee considers necessary, to apply to the area that has come within the jurisdiction of that territorial authority.

Compare: 1991 No 69 ss 85A, 85B

Obligations on local authorities

144 Plan or proposed plan must be updated to reflect changes to aquaculture settlement area

If a notice issued under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 declares space in the coastal marine area to be an aquaculture settlement area or adds or removes space from an aquaculture settlement area, a regional planning committee must—

(a)

amend any aquaculture settlement area shown on the plan or proposed plan map to reflect any changes made by the notice; and

(b)

make the amendment as soon as practicable after the notice is issued; and

(c)

make the amendment without using the process set out in Schedule 7.

145 Presumption of validity

If a local authority claims that a plan is operative, the plan—

(a)

must be treated as having been prepared and approved in accordance with Schedule 7; and

(b)

must not be challenged except by an application for an enforcement order under section 207(3).

Compare: 1991 No 69 ss 85A, 85B

146 Duty of local authorities to observe own plans

(1)

While a plan is operative in a region or district, the responsible local authority must comply with and, to the extent of its authority, enforce compliance with, the plan.

(2)

A resource consent purporting to be granted under a plan, or a purported waiver from a plan, has no effect if it does not comply with subsection (1), unless that non-compliance is authorised by or under this Act.

Compare: 1991 No 69 s 84

Subpart 5—Trade competition

Trade competition not relevant consideration under this Act

147 Interpretation

In sections 148 to 151

person A means a person who is a trade competitor of person B

person B means a person in respect of whom person A is a trade competitor

person C means a person who has knowingly received, is knowingly receiving, or may knowingly receive, direct or indirect help from person A—

(a)

to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:

(b)

to be a party to a proceeding before the Environment Court that was lodged by person B under any of the provisions listed in section 150(2).

Compare: 1991 No 69 s 308A

148 Restrictions on making submissions

(1)

Person A may make a submission under section 209 about an application by person B, but only if person A is directly affected by an effect of the proposed activity that—

(a)

adversely affects the environment; and

(b)

does not relate to trade competition or the effects of trade competition.

(2)

This subpart is contravened if the limits set for submissions in section 344 (that relates to proposals of national significance) or in Schedule 7 are breached.

Compare: 1991 No 69 s 308B(1), (2), (3)

149 Restrictions on representation at appeals

(1)

Subsection (2) applies if person A wants to be a party under clauses 53 and 54 of Schedule 13 to an appeal to the Environment Court against a decision under this Act in favour of person B.

(2)

The ground for Person A’s appeal is that person A has an interest in the proceedings greater than the interest that the general public has.

(3)

Person A may be a party to the appeal, but only if directly affected by an effect of the proposed activity that—

(a)

also adversely affects the environment; and

(b)

does not relate to trade competition or the effects of trade competition.

Compare: 1991 No 69 s 308C

150 Restrictions on representation

(1)

This section applies—

(a)

if person A wants to be a party under clauses 53 and 54 of Schedule 13 to a proceeding under a provision listed in subsection (2); and

(b)

on the ground that person A has an interest in the proceedings greater than that of the general public.

(2)

The proceedings referred to in subsection (1) may be under any of the following provisions:

(a)

section 170, which relates to the stream-lining process for determining applications):

(b)

section 358, which relates to the BOI process):

(c)

section 469(10)(a)(ii), which relates to combined hearing on applications for coastal permits:

(d)

sections 532 and 538, which relate to the stream-lining process for determining designations and heritage protection orders.

(3)

Person A may be a party to the proceeding, but only if directly affected by an effect of the proposed activity that—

(a)

adversely affects the environment; and

(b)

does not relate to trade competition or the effects of trade competition.

Compare: 1991 No 69 s 308CA

151 Further prohibitions
When appealing etc prohibited

(1)

Person A must not bring an appeal, be a party to an appeal, or become a party to a proceeding referred to in section 150(2) for the purpose of—

(a)

protecting person A from trade competition:

(b)

preventing or deterring person B from engaging in trade competition.

Using surrogate prohibited

(2)

Person A must not, for the purposes of subsection (1), directly or indirectly help person C (a surrogate)—

(a)

bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B; or

(b)

be a party to a proceeding in the Environment Court that was lodged by person B under any of the provisions referred to in section 835(2).

Surrogate must disclose status

(3)

Person C (a surrogate) must tell the court if—

(a)

person C appears before the court—

(i)

as the appellant, or as a party to an appeal against a decision under this Act in favour of person B; or

(ii)

as a party to a proceeding before the Environment Court lodged by person B under any of the provisions referred to in section 835(2); and

(b)

person C has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A, for any of the purposes listed in subsection (1),—

(i)

to bring the appeal; or

(ii)

to be a party to the appeal; or

(iii)

to be a party to the proceeding.

Compare: 1991 No 69 ss 308D, 308E, 308F

Part 5 Resource consenting and proposals of national significance

Subpart 1—Preliminary provisions

152 Types of resource consents

In this Act, resource consent means any of the following consents or permits:

(a)

a land use consent, which is a consent to do something that otherwise would contravene section 17 or 20:

(b)

a subdivision consent, which is a consent to do something that otherwise would contravene section 18:

(c)

a coastal permit, which is a consent to do something in a coastal marine area that otherwise would contravene any of sections 19, 20, 22, 23, and 24:

(d)

a water permit, which is a consent to do something (other than in a coastal marine area) that otherwise would contravene section 21:

(e)

a discharge permit, which is a consent to do something (other than in a coastal marine area) that otherwise would contravene section 22.

Compare: 1991 No 69 s 87

153 How activities are categorised

(1)

In this Act, activities are categorised as follows:

CategoryDescription of activities
1PermittedActivities that do not require a resource consent but may be subject to other requirements.
2ControlledActivities that require a resource consent, which the consent authority may grant (with or without conditions) or decline only in accordance with the relevant provisions of the national planning framework or plan (whichever applies) and the limited discretion conferred by those provisions.
3DiscretionaryActivities that require a resource consent, which the consent authority may grant (with or without conditions) or decline in accordance with the relevant provisions of the national planning framework or plan (whichever applies).
4ProhibitedNo person is entitled to apply for a resource consent for the activity and no consent authority has power to grant a consent for the activity.

(2)

The description of activities in column (2) of subsection (1) is only a guide to the general effect of sections 154, 157, and 158.

Compare: 1991 No 69 s 87A

154 How to decide which activity category applies

(1)

A regional planning committee (in the case of a plan) or the Minister (in the case of the national planning framework) must decide which category listed in section 153 applies to an activity in accordance with this section.

(2)

An activity is a permitted activity if—

(a)

the activity meets the relevant outcomes; and

(b)

the positive and adverse effects of the activity are known; and

(c)

those effects can be managed through requirements, standards, and other criteria specified in the national planning framework or a plan rule.

(3)

An activity is a permitted activity if section 156 or 157 applies.

(4)

An activity is a prohibited activity if—

(a)

it would breach a limit specified in the national planning framework or a plan (either taken in isolation or, if allowed to be carried out in addition to consented activities that have existing use rights or are permitted); or

(b)

it would not contribute to the relevant outcomes.

(5)

An activity is a controlled activity if—

(a)

the activity meets the relevant outcomes; and

(b)

the positive and adverse effects of the activity, are generally known, but the extent of those effects may vary on a case-by-case basis.

(6)

An activity is a discretionary activity if—

(a)

it is unclear or unknown whether the activity will breach a limit, not achieve targets or not contribute to the relevant outcomes; or

(b)

it is likely to breach a limit, not achieve targets, or not contribute to the relevant outcomes.

155 Consideration to be given to statutory acknowledgements

When a regional planning committee (in the case of a plan) or the Minister (in the case of the national planning framework) is considering the appropriate activity category for an activity, they must have regard to any statutory acknowledgement—

(a)

applying to, or adjacent to, the area or part of the area where the proposed activity is to be carried out:

(b)

that may otherwise affect the statutory area.

156 Activities may be permitted with or without requirements

(1)

The national planning framework or a plan may provide that an activity is a permitted activity subject to compliance with conditions or requirements specified in the national planning framework or plan.

(2)

The national planning framework or a plan may direct an applicant to apply for a permitted activity notice under section 302.

(3)

Conditions or requirements may include (without limitation)—

(a)

monitoring the activity for compliance with standards prescribed in the national planning framework or plan:

(b)

certification by a qualified or certified person:

(c)

requiring that the activity be undertaken in accordance with a report or management plan prepared by a qualified person:

(d)

requiring work to be done by a qualified or certified person:

(e)

requiring a report or assessment prepared by an iwi within an area identified as having significant value to Māori:

(f)

requiring persons or groups to give written approval:

(g)

requiring an environmental contribution to be made.

157 Consent authority may permit activity by waiving compliance with certain requirements, conditions, or permissions

(1)

An activity is a permitted activity if—

(a)

the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, the national planning framework, or a plan; and

(b)

any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and

(c)

any written approval from persons whom the plan or the national planning framework requires to be obtained, has been obtained; and

(d)

the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the consent authority has waived the non-compliance and decided that the activity is a permitted activity.

(2)

A consent authority may give a notice under subsection (1)(d)

(a)

after receiving an application for a resource consent for the activity; or

(b)

on its own initiative.

(3)

The notice must be in writing and must include—

(a)

a description of the activity; and

(b)

details of the site at which the activity is to occur; and

(c)

the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision.

(4)

If a person has submitted an application for a resource consent for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.

(5)

A notice given under subsection (1)(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.

Compare: 1991 No 69 s 87BB

158 Discretionary activities or prohibited activities

(1)

An application for a resource consent for an activity must be treated as application for a discretionary activity if—

(a)

Part 2 requires a resource consent to be obtained for the activity and there is no plan, or no relevant rule in a plan; or

(b)

a plan requires a resource consent to be obtained for the activity, but does not describe the activity as a permitted, controlled, discretionary, or prohibited activity; or

(c)

a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative.

(2)

An application for a resource consent for any of the following activities must be treated as an application for a prohibited activity:

(a)

prospecting, exploring, or mining for Crown owned minerals in the internal waters of the Coromandel Peninsula:

(b)

mining of which the main purpose is to mine mercury.

(3)

Subsection (2)(a) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991.

Compare: 1991 No 69 s 87B

159 Description of type of activity to remain the same

(1)

Subsection (2) applies if—

(a)

an application for a resource consent has been made under section 173 or 334; and

(b)

the category of activity (being controlled or discretionary) for which the application was made, or that the application was treated as being made under section 158, is altered after the application was first lodged.

(2)

The application continues to be processed, considered, and decided as an application for the category of activity that it was for, or was treated as being for, at the time the application was first lodged.

(3)

Despite subsection (1), any plan or proposed plan which exists when the application is considered must be had regard to in accordance with section 223(2)(c).

Subpart 2—Right to apply for resource consent relating to certain resources

160 When this subpart applies

(1)

This subpart applies if a right to apply for a resource consent to undertake an activity relating to a resource described in section 88(1) is issued to a person by a consent authority through a market-based allocation method as required or permitted by the national planning framework or a plan.

(2)

In this subpart,—

a right to apply means an exclusive right to apply for a resource consent to undertake an activity relating to a resource described in section 88(1)

relevant resource consent means the resource consent to which the right to apply relates.

161 Right to apply may be transferred

(1)

A right to apply may be transferred by its holder to any other person.

(2)

A transfer of a right to apply does not take effect until written notice of it has been given to and received by the appropriate regional council or unitary authority.

162 Right to apply lapses in certain circumstances

(1)

A right to apply lapses on the close of 2 years after it is issued (2 year date) unless—

(a)

the holder of the right has within that period obtained a relevant resource consent, in which case the right to apply lapses when the consent is issued; or

(b)

the situation described in subsection (2) has occurred, in which case, the right to apply lapses when the time for lodging an appeal has expired or the decision of the court in respect of any appeal has been given (as the case may be).

(2)

The situation referred to in subsection (1)(b) is as follows:

(a)

the holder of the right has lodged an application for a relevant resource consent with the consent authority before the 2 year date; and

(b)

on the 2 year date,—

(i)

no decision has been made by the consent authority; or

(ii)

the consent authority has made a decision but the time for lodging appeals to the Environment Court has not expired; or

(iii)

an appeal has been lodged but no decision has been made by the court on that appeal.

Compare: 1991 No 69 s 164

Subpart 3—Application for resource consent

163 Prior consultation not needed

(1)

Neither the applicant nor the consent authority need consult any person about an application for a resource consent unless the national planning framework, the relevant plan, or another Act otherwise requires.

(2)

To avoid doubt, section 6(3) is subject to subsection (1).

164 Recovery of costs incurred in consultation and engagement

(1)

A person who applies for or holds a resource consent is liable to pay the consent engagement costs as determined in accordance with—

(a)

regulations made under clause 41 of Schedule 8 (if any); or

(b)

a schedule of costs agreed between the consent authority, iwi, and hapū (if regulations do not prescribe how the costs are to be determined).

(2)

The consent authority may recover those consent engagement costs on behalf of, and pay them to, the relevant Māori parties that have incurred the costs (plus any reasonable administration costs of the consent authority).

Direct referral to Environment Court

165 Sections 166 to 172 apply to resource consent applications

(1)

Sections 166 to 172 apply when an applicant wants 1 of the following applications to be determined by the Environment Court instead of by a consent authority:

(a)

an application for a resource consent that has been notified:

(b)

an application to change or cancel a condition of a resource consent that has been notified.

(2)

If the application is called in under section 329, sections 166 to 172 cease to apply to it.

Compare: 1991 No 69 s 87C

166 Request for application to go directly to Environment Court

(1)

The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority.

(2)

The applicant must make the request in the period—

(a)

starting on the day on which the application is made; and

(b)

ending 5 working days after the date on which the period for submissions on the application closes.

(3)

The applicant must make the request electronically or in writing on the prescribed form.

Compare: 1991 No 69 s 87D

167 Consent authority to return request in certain circumstances

(1)

If the consent authority determines under section 174 that the application is incomplete, it must return the request with the application without making a decision on the request.

(2)

Section 174 applies to the application returned under subsection (1).

(3)

If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.

(4)

If the consent authority decides not to notify the application, it must return the request.

(5)

If the consent authority returns the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.

Compare: 1991 No 69 s 87E(1), (2), (4), (8)

168 Consent authority’s decision on request

(1)

If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either section 167(4) or subsection (2).

(2)

If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.

(3)

In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.

(4)

If regulations have been made under section 858(1)(g),—

(a)

the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but

(b)

that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.

(5)

The consent authority must assess the request against the following criteria:

(a)

the scale, significance, and complexity of proposed activity:

(b)

whether there is any particular need for urgency:

(c)

whether participation by the public would be materially inhibited if the request were granted:

(d)

any other relevant matter.

(6)

No submitter has a right to be heard by the consent authority on a request.

(7)

If the consent authority declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.

(8)

If the consent authority declines the request, the applicant may object to the consent authority under section 829(1)(c).

Compare: 1991 No 69 s 87E(3), (5)–(9)

169 Consent authority’s subsequent processing

(1)

If the consent authority does not grant the applicant’s request under section 166, the consent authority must continue to process the application.

(2)

If the consent authority grants the applicant’s request under section 166, the consent authority must continue to process the application and must comply with subsections (3) to (7).

(3)

The consent authority must prepare a report on the application within the longer of the following periods:

(a)

the period that ends 20 working days after the date on which the period for submissions on the application closes:

(b)

the period that ends 20 working days after the date on which the authority decides to grant the request.

(4)

In the report, the consent authority must—

(a)

address issues that are set out in sections 223 to 240 to the extent that they are relevant to the application; and

(b)

suggest conditions that it considers should be imposed if the Environment Court grants the application; and

(c)

provide a summary of submissions received.

(5)

As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—

(a)

the applicant; and

(b)

every person who made a submission on the application.

(6)

The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority’s report.

(7)

In providing that assistance, the consent authority—

(a)

is a party to the proceedings; and

(b)

must be available to attend hearings to—

(i)

discuss or clarify any matter in its report:

(ii)

give evidence about its report:

(iii)

discuss submissions received and address issues raised by the submissions:

(iv)

provide any other relevant information requested by the court.

Compare: 1991 No 69 s 87F

170 Environment Court determines application

(1)

Subsection (2) applies to an applicant who—

(a)

receives a report provided under section 169(5); and

(b)

continues to want the application to be determined by the Environment Court instead of by a consent authority.

(2)

The application is referred to the Environment Court by the applicant,—

(a)

within 15 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for the grant of the resource consent (or the change or cancellation of the condition) and specifying the grounds upon which the application for the grant of the resource consent (or the change or cancellation of the condition) is made, and a supporting affidavit as to the matters giving rise to that application; and

(b)

as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—

(i)

the consent authority that granted the applicant’s request under section 166; and

(ii)

every person who made a submission to the authority on the application; and

(c)

telling the Registrar of the Environment Court by written notice when the copies have been served.

(3)

A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—

(a)

the application to which the notice of motion relates; and

(b)

the authority’s report on the application; and

(c)

all the submissions on the application that the authority received; and

(d)

all the information and reports on the application that the authority was supplied with.

(4)

Clauses 53 and 54 of Schedule 13 applies to the notice of motion, and any person who has made a submission to the consent authority on the application and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section.

(5)

Part 4 and Schedule 13 apply to proceedings under this section.

(6)

If considering a matter that is an application for a resource consent, the court must apply sections 223 to 240 and 293 as if it were a consent authority.

(7)

If considering a matter that is an application for a change to or cancellation of conditions of a resource consent, the court must apply sections 233 to 240 as if—

(a)

it were a consent authority and the application were an application for resource consent for a discretionary activity; and

(b)

every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation.

(8)

However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 230(3)(b) or (c), the consent authority must obtain from the Environment Court any additional information, reports, or submissions not previously forwarded or sent under that section and forward or send the information, report, and submissions to the chief executive of the Ministry responsible for aquaculture.

Compare: 1991 No 69 s 87G

171 Residual powers of consent authority

The consent authority that would have determined the application had the Environment Court not done so under section 170 has all the functions, duties, and powers in relation to a resource consent granted by the court as if it had granted the consent itself.

Compare: 1991 No 69 s 87H

172 When consent authority must determine application

(1)

This section applies when—

(a)

an applicant receives a report under section 169(5); and

(b)

either—

(i)

the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 170(2); or

(ii)

the applicant does not lodge a notice of motion with the Environment Court under section 170(2).

(2)

The application must be determined by the consent authority.

Compare: 1991 No 69 s 87I

Applying for resource consent

173 How to apply for resource consent

(1)

A person may apply to the relevant consent authority for a resource consent.

(2)

A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the relevant consent authority—

(a)

is also the administering body in which the recreation reserve land is vested; and

(b)

agrees that the applications may be made jointly.

(3)

If a joint application is made under subsection (2), the application to exchange recreation reserve land must be—

(a)

processed, with the resource consent application, in accordance with sections 174 to 192, 199, and 209 to 221; then

(b)

decided under section 15AA of the Reserves Act 1977.

(4)

An application must—

(a)

be made in the prescribed form and manner; and

(b)

include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required under Schedule 10 or prescribed by regulations.

(5)

If a person applies for a resource consent relating to an area where applicant groups seek customary marine title,—

(a)

the person must comply with section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011 (which requires the person to notify the applicant groups, provide a list of the groups notified, and record their views); and

(b)

the application must be treated as incomplete if this is not done.

(6)

An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry responsible for aquaculture.

(7)

Sections 828 and 835 apply to a determination that an application is incomplete.

Compare: 1991 No 69 s 88(1)–(2A), (5), (6)

174 Incomplete applications

(1)

A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if—

(a)

the application does not include the prescribed information or the information required by section 173(4)(b); or

(b)

the prescribed fee has not been paid.

(2)

The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.

(3)

If, after an application has been returned as incomplete, the application is lodged again with the consent authority, the application is to be treated as a new application.

Compare: 1991 No 69 s 88(3)–(4)

Deferral of application

175 Deferral pending application for additional consents

(1)

A consent authority may determine not to proceed with the notification or hearing of an application for a resource consent if it considers on reasonable grounds that—

(a)

other resource consents under this Act will also be required in respect of the proposal to which the application relates; and

(b)

it is appropriate, for the purpose of better understanding the nature of the proposal, that applications for any 1 or more of those other resource consents be made before proceeding further.

(2)

If a consent authority makes a determination under subsection (1), it must immediately notify the applicant of the determination.

(3)

The applicant may apply to the Environment Court for an order directing that any determination under this section be revoked.

Compare: 1991 No 69 s 91

Processing of application may be suspended

176 Applicant may have processing of notified application suspended

(1)

A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.

(2)

The applicant may request the consent authority to suspend the processing of an application at any time in the period—

(a)

starting when the application is notified; and

(b)

ending when—

(i)

the hearing is completed, if a hearing is held for the application; or

(ii)

the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.

(3)

However, a request must not be made if—

(a)

the applicant has lodged a notice of motion with the Environment Court under section 170(2)(a); or

(b)

the Minister has made a direction under section 329 in relation to the application.

(4)

The request must be made by written or electronic notice.

(5)

If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.

Compare: 1991 No 69 s 91A

177 When suspension of processing of notified application ceases

(1)

A consent authority must cease to suspend the processing of a notified application when—

(a)

a request is received in accordance with this section; or

(b)

the applicant lodges a notice of motion with the Environment Court under section 170(2)(a); or

(c)

the Minister makes a direction under section 329(3) in relation to the application; or

(d)

the consent authority decides under section 178 to continue to process the application.

(2)

The applicant may request the consent authority to cease to suspend the processing of a notified application if it is currently suspended.

(3)

The request must be made by written or electronic notice.

(4)

If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased.

Compare: 1991 No 69 s 91B

178 Notified application may be returned if suspended after certain period

(1)

Subsection (2) applies if—

(a)

a total of 130 or more working days have been excluded from time limits under section 188 in relation to a notified application (which, under section 191(8), includes time during which the application has been suspended); and

(b)

the application is suspended at the time.

(2)

The consent authority must decide to—

(a)

return the application to the applicant; or

(b)

continue to process the application.

(3)

If the consent authority decides to return the application,—

(a)

it must be returned together with a written explanation as to why it is being returned; but

(b)

the applicant may object to the consent authority under section 828.

(4)

If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application.

(5)

The consent authority may return a notified application for resource consent after it has been accepted for processing if—

(a)

the authority receives no response from the applicant to a request for further information within the time specified in this Act or prescribed in regulations under this Act, or agreed with the authority; or

(b)

the applicant does not pay the additional administration charges required for processing the application within the time prescribed in regulations under this Act, or agreed with the authority.

Compare: 1991 No 69 s 91C

179 Applicant may have processing of non-notified application suspended

(1)

A consent authority must suspend the processing of a non-notified application when a request is received in accordance with this section.

(2)

The applicant may request the consent authority to suspend the processing of a non-notified application at any time in the period—

(a)

starting on the date on which the application is first lodged with the authority; and

(b)

ending when—

(i)

the hearing is completed, if a hearing is held for the application; or

(ii)

the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application; or

(iii)

the application is notified.

(3)

However, a request must not be made if—

(a)

the applicant has lodged a notice of motion with the Environment Court under section 170(2)(a); or

(b)

the Minister has made a direction under section 329 in relation to the application.

(4)

The request must be made by written or electronic notice.

(5)

If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.

Compare: 1991 No 69 s 91D

180 When suspension of processing of non-notified application ceases

(1)

A consent authority must cease to suspend the processing of a non-notified application when—

(a)

a request is received in accordance with this section; or

(b)

the applicant lodges a notice of motion with the Environment Court under section 170(2)(a); or

(c)

the Minister makes a direction under section 329 in relation to the application; or

(d)

the consent authority decides under section 181 to continue to process the application.

(2)

The applicant may request the consent authority to cease to suspend the processing of a non-notified application if it is currently suspended.

(3)

The request must be made by written or electronic notice.

(4)

If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased.

Compare: 1991 No 69 s 91E

181 Non-notified application may be returned after certain period

(1)

Subsection (2) applies if the processing of the non-notified application has been suspended for a total of 20 working days in response to 1 or more requests under section 179.

(2)

The consent authority must decide to—

(a)

return the application to the applicant; or

(b)

continue to process the application.

(3)

If the consent authority decides to return the application,—

(a)

it must be returned together with a written explanation as to why it is being returned; but

(b)

the applicant may object to the consent authority under section 828.

(4)

If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application.

(5)

The consent authority may return a non-notified application for resource consent after it has been accepted for processing if—

(a)

the authority receives no response from the applicant to a request for further information within the time specified in this Act or prescribed in regulations under this Act, or agreed with the authority; or

(b)

the applicant does not pay the additional administration charges required for processing the application within the time prescribed in regulations under this Act, or agreed with the authority.

Compare: 1991 No 69 s 91F

182 Withdrawal of application for resource consent

(1)

An applicant who has lodged an application for a resource consent may withdraw all or part of their application.

(2)

The applicant who wishes to withdraw part of their application must identify which part of the application is to be withdrawn.

Consent authority may require further information

183 Further information, or agreement, may be requested

(1)

A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, request the applicant for the consent to provide further information relating to the application.

(2)

At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply:

(a)

the activity for which the resource consent is sought may, in the authority’s opinion, have a significant adverse environmental effect; and

(b)

the applicant is notified before the authority commissions the report; and

(c)

the applicant does not refuse, under section 186(1), to agree to the commissioning of the report.

(3)

The consent authority must notify the applicant, in writing, of its reasons for—

(a)

requesting further information under subsection (1); or

(b)

wanting to commission a report under subsection (2).

(4)

The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—

(a)

the applicant refuses, under section 185 to provide the further information; or

(b)

the applicant refuses, under section 186 to agree to the commissioning of the report.

(5)

The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority’s office.

Compare: 1991 No 69 s 92

184 Consideration of certain matters required before information requested

Before requesting information under section 183, a consent authority must consider whether—

(a)

additional information is required to determine whether the application meets relevant outcomes; and

(b)

the effects can be adequately assessed from the information currently available or whether further information is needed; and

(c)

the information being requested—

(i)

relates to any effects or outcomes associated with the proposed activity; or

(ii)

is beyond the scope of the proposed activity; and

(iii)

is proportionate to the scale and significance of the proposed activity.

185 Responses to request

(1)

An applicant who receives a request under section 183(1) must, within 15 working days of the date of the request, take one of the following options:

(a)

provide the information; or

(b)

tell the consent authority in a written notice that the applicant agrees to provide the information; or

(c)

tell the consent authority in a written notice that the applicant refuses to provide the information.

(2)

A consent authority that receives a written notice under subsection (1)(b) must—

(a)

set a reasonable time within which the applicant must provide the information; and

(b)

tell the applicant in a written notice the date by which the applicant must provide the information.

(3)

The consent authority must consider the application under section 223 even if the applicant—

(a)

does not respond to the request; or

(b)

agrees to provide the information under subsection (1)(b) but does not do so; or

(c)

refuses to provide the information under subsection (1)(c).

Compare: 1991 No 69 s 92A

186 Responses to notification

(1)

An applicant who receives a notification under section 183(2)(b) must, within 15 working days of the date of the notification, tell the consent authority in a written notice whether the applicant agrees to the commissioning of the report.

(2)

The consent authority must consider the application under section 223 even if the applicant—

(a)

does not respond in accordance with subsection (1); or

(b)

refuses to agree to the commissioning of the report.

Compare: 1991 No 69 s 92B

Exclusion of various time periods

187 Processing time frames

(1)

The maximum processing time frames for applications for resource consents—

(a)

are set out in the table in subsection (2); and

(b)

are subject to other provisions of this Act.

(2)

Processing time frames for resource consents

Type of notificationOverall time frameMandatory time frames within overall time frame
Non-notified consent without hearing20 working dayss 242(3)—If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the authority
Non-notified consent with hearing50 working dayss 199(1)(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so
s 242(2)—If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing
Limited notified consent without hearing60 working dayss 199(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so
s 211(3)—20 working days for submissions
s 242(4)—notice of decision given within 20 working days after closing date for submissions
Limited notified consent with hearing100 working dayss 199(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so
s 211(3)—20 working days for submissions
s 242(2)—If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing
Publicly notified consents without hearing60 working dayss 199(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so
s 211(2)—20 working days for submissions
s 242(4)—notice of decision given within 20 working days after closing date for submissions
Publicly notified consent with hearing130 working dayss 199(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so
s 211(2)—20 working days for submissions
s 242(2)—If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing
188 What can be excluded from consideration of time periods

The following matters may be excluded in the calculation of the overall processing time frames:

(a)

request for further information (section 189):

(b)

excluded time periods relating to direct referral to Environment Court (section 190):

(c)

deferral of application pending application for additional costs (section 191(1) and (2)):

(d)

approval sought from affected persons or groups (section 191(3) and (4)):

(e)

referral to mediation (section 191(5) and (6)):

(f)

suspension of notified applications (sections 191(7) and (8) and 193):

(g)

pre-request aquaculture agreements (section 192):

(h)

non-payment of administrative charges required for consent processing (section 194):

(i)

excluded time period under Urban Development Act 2020 (section 195):

(j)

preliminary meetings (section 213):

(k)

applicant’s request to review draft conditions of consent (time period agreed between councils and applicant) (section 222):

(l)

time taken to confirm regional ADR (sections 249 and 250).

189 Excluded time periods relating to provision of further information
Request for further information

(1)

Subsection (2) applies when—

(a)

an authority has requested an applicant, under section 183(1), to provide further information on the applicant’s application; and

(b)

the request is the first request made by the authority to the applicant under that provision; and

(c)

the request is made before the authority decides whether to notify the application.

(2)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date of the request under section 183(1); and

(b)

ending as follows:

(i)

if the applicant provides the information within 15 working days, the date on which the applicant provides the information:

(ii)

if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information:

(iii)

if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 185(2)(a):

(iv)

if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends:

(v)

if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information.

Commissioning of report—applicant agrees

(3)

Subsection (4) applies when—

(a)

an authority has notified an applicant, under section 183(2)(b), of its wish to commission a report; and

(b)

the applicant agrees, under section 186(1), to the commissioning of the report.

(4)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date of the notification under section 183(2)(b); and

(b)

ending with the date on which the authority receives the report.

Commissioning of report—applicant disagrees

(5)

Subsection (6) applies when—

(a)

an authority has notified an applicant, under section 183(2)(b), of its wish to commission a report; and

(b)

the applicant does not agree, under section 186(1), to the commissioning of the report.

(6)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date of the notification under section 183(2)(b); and

(b)

ending with the earlier of the following:

(i)

the date on which the period of 15 working days ends; and

(ii)

the date on which the authority receives the applicant’s refusal, under section 186(1), to agree to the commissioning of the report.

Compare: 1991 No 69 s 88C

190 Excluded time periods relating to direct referral
Request for direct referral declined and no objection

(1)

Subsection (2) applies when—

(a)

an applicant makes a request under section 166(1); and

(b)

the consent authority declines the request under section 167(5) to (7); and

(c)

the applicant does not object under section 829(1)(c).

(2)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date on which the consent authority receives the request; and

(b)

ending with the date on which the 15 working days referred to in section 832(1) end.

Request for direct referral declined and objection dismissed

(3)

Subsection (4) applies when—

(a)

an applicant makes a request under section 166(1); and

(b)

the consent authority declines the request under section 167(5) to (7); and

(c)

the consent authority dismisses the applicant’s objection under section 834.

(4)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date on which the consent authority receives the request; and

(b)

ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection.

Request for direct referral granted or objection upheld

(5)

Subsection (6) applies when—

(a)

an applicant makes a request under section 166(1); and

(b)

either—

(i)

the consent authority grants the request under section 167(5) to (7); or

(ii)

the consent authority declines the request under section 167(5) to (7), but upholds the applicant’s objection under section 834.

(6)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date on which the consent authority receives the request; and

(b)

ending with the earlier of the following:

(i)

the date on which the 15 working days referred to in section 170(2)(a) end; and

(ii)

the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 170(2).

Compare: 1991 No 69 s 88D

191 Excluded time periods relating to other matters
Deferral pending application for additional consents

(1)

Subsection (2) applies when a consent authority determines, under section 175(1), not to proceed with the notification or hearing of an application for a resource consent.

(2)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date of the notification of the determination to the applicant under section 175(2); and

(b)

ending with—

(i)

the date of the receipt of applications for the resource consents that the authority considers, under section 175(1)(b), should be applied for; or

(ii)

the date of an Environment Court order revoking the authority’s determination.

Approval sought from affected persons or groups

(3)

Subsection (4) applies when an applicant tries, for the purposes of any of sections 201(3) to 202, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.

(4)

The period that must be excluded from total processing time under section 187 is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained.

Referral to mediation

(5)

Subsection (6) applies when a consent authority refers persons to mediation under section 214.

(6)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date of the reference; and

(b)

ending with the earlier of the following:

(i)

the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person’s consent to the mediation; and

(ii)

the date on which the mediator reports the outcome of the mediation to the authority.

Suspension of processing of notified application

(7)

Subsection (8) applies when the processing of an application is suspended under section 176.

(8)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date on which the suspension started:

(b)

ending with the date on which the suspension ceased.

Compare: 1991 No 69 s 88E

192 Excluded time periods relating to pre-request aquaculture agreements

(1)

Subsection (2) applies when—

(a)

an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and

(b)

the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996; and

(c)

it is the first request made by the applicant for that purpose.

(2)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting with the date on which the request is made; and

(b)

ending with the earlier of the following:

(i)

the 80th working day after the date on which the request is made:

(ii)

the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to.

Compare: 1991 No 69 s 88F

193 Exclusion of period when processing of non-notified application suspended

(1)

Subsection (2) applies when a non-notified application is suspended under section 179.

(2)

The period that must be excluded from total processing time under section 187 is the period—

(a)

starting from the date on which the suspension started; and

(b)

ending on the date on which the suspension ceased.

Compare: 1991 No 69 s 88G

194 Excluded time periods relating to non-payment of administrative charges

(1)

Subsection (2) applies if—

(a)

an application for a resource consent is lodged with a consent authority; and

(b)

a charge fixed under section 821 is payable when the application is lodged or when the application is notified by the consent authority in accordance with section 199; and

(c)

the applicant does not pay the charge when it is payable.

(2)

The consent authority may exclude from total processing time under section 187, the period—

(a)

starting from the date on which payment is due; and

(b)

ending on the date on which payment is made.

Compare: 1991 No 69 s 88H

195 Excluded time periods under Urban Development Act 2020

The period described in section 103(4) of the Urban Development Act 2020 is excluded from any time limits under this Act relating to a consent application received by a local authority.

Compare: 1991 No 69 s 88I

196 Applications to territorial authorities for resource consents where land is in coastal marine area

(1)

If an application for a subdivision consent is made to a territorial authority and any part, or all, of the land proposed to be subdivided is in the coastal marine area, the territorial authority must decide the application as if the whole of that land were part of the district, and the provisions of this Act apply accordingly.

(2)

Subsection (3) applies if—

(a)

an application is made to a territorial authority for a resource consent for an activity that an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and

(b)

on the date the application is made, the proposed location of the activity is still within the coastal marine area.

(3)

If this subsection applies, the authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act apply accordingly.

(4)

Section 261 applies to every resource consent granted in accordance with subsection (3).

Compare: 1991 No 69 s 89

197 Applications affecting navigation to be referred to Maritime New Zealand

(1)

This section applies to the following applications:

(a)

an application for a coastal permit to do any of the following in the coastal marine area:

(i)

reclaim land:

(ii)

build a structure:

(iii)

do or maintain works for the improvement, management, protection, or utilisation of a harbour:

(b)

an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:

(c)

an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river:

(d)

an application for a land use consent to use the bed of a navigable lake or river.

(2)

The local authority must send a copy of the application to Maritime New Zealand.

(3)

Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes.

(4)

If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report.

(5)

The local authority must—

(a)

ensure that a copy of Maritime New Zealand’s report is provided to—

(i)

the applicant; and

(ii)

every person who has made a submission on the application:

(b)

take the report into account in its consideration of the application.

Compare: 1991 No 69 s 89A

Subpart 4—Notification of applications for resource consent

Purpose of notification

198 Purpose of notification

A purpose of notification (whether public or limited notification) of an application for a resource consent is—

(a)

to obtain further information about the application from individuals or members of the public; and

(b)

through that information, to better understand the proposed activity and its effects including how the proposed activity meets or contributes to the outcomes.

Notification requirements

199 Consent authority must comply with notification requirements or determine notification status

(1)

A consent authority must, subject to this section,—

(a)

comply with the requirements in the national planning framework or the plan that apply to the notification status of an application for a resource consent; or

(b)

if section 200(1)(b) applies, determine the notification status of the application no later than 20 working days after the day on which the application is first lodged.

(2)

The consent authority must publicly notify an application that is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.

(3)

The consent authority must not notify an application that—

(a)

is for an activity identified in the national planning framework or a plan as requiring limited notification in relation to affected persons; and

(b)

is lodged with written approvals from all affected persons.

Compare: 1991 No 69 s 95, 95A(3)(c)

200 National planning framework or plans may set or provide for consent authority to determine notification requirements

(1)

The national planning framework or a plan must, in relation to each activity that requires a resource consent,— —

(a)

state the notification status of the activity; or

(b)

provide for the consent authority to determine, in accordance with national planning framework or plan, the notification status of the activity.

(2)

The national planning framework or plan must, in relation to an activity,—

(a)

identify who are affected persons for the purposes of notification or persons from whom approval must be obtained (in relation to a permitted activity); or

(b)

provide for the consent authority to determine who are affected persons.

(3)

For the purpose of subsection (1)(a) or (b), the Minister or regional planning committee (as the case may be) must consider—

(a)

the likely state of the future environment in light of information they consider relevant in the plan, the regional spatial strategy, or the national planning framework or any combination of those documents; and

(b)

whether any information obtained from the notification process is likely to make a material difference to the consent decision.

201 Determination of whether person is affected person or person from whom approval required

(1)

This section applies to a decision maker when determining whether a person is—

(a)

an affected person for the purposes of notification of an application for a resource consent; or

(b)

a person from whom approval must be obtained in relation to a permitted activity.

(2)

The decision maker must—

(a)

weigh the positive effects of the proposed activity against the adverse effects that the activity has on the person:

(b)

consider whether information from the person is necessary to understand the extent and nature of effects or contributions towards outcomes:

(c)

consider whether the person has an interest in the application greater than that of the general public:

(d)

consider whether the person’s involvement will result in information that has a material effect on the consent decision or permitted activity decision (whether granted or not) and any conditions imposed:

(e)

determine whether the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement made in accordance with an Act specified in Schedule 14:

(f)

determine whether there are any—

(i)

affected protected customary rights groups; or

(ii)

affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).

(3)

A person is not an affected person or a person from whom approval must be obtained if—

(a)

the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the decision maker before they make a determination under this section; or

(b)

the decision maker is satisfied it is unreasonable in the circumstances for the applicant to seek the person’s written approval.

(4)

For the purpose of subsection (2)(e), the decision maker must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 14.

(5)

In this section and section 202, decision maker means a regional planning committee, the Minister, or consent authority, as the case may be.

Compare: 1991 No 69 ss 95B(3), 95E(2)(c), (3), 95F, 95G, 95E

202 Determination of affected protected customary rights group and affected customary marine title group

For the purpose of section 201(2)(f),—

(a)

a protected customary rights group is an affected protected customary rights group, in relation to an activity in the protected customary rights area relevant to that group, if—

(i)

the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and

(ii)

the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the decision maker before it has made a decision under section 201:

(b)

a customary marine title group is an affected customary marine title group, in relation to an accommodated activity in the customary marine title area relevant to that group, if—

(i)

the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and

(ii)

the customary marine title group has not given written approval for the activity in a written notice received by the decision maker before it has made a decision under section 201.

Compare: 1991 No 69 s 95F, 95G

203 Public notification not required for controlled activity

A controlled activity must be processed without public notification unless a plan or the national planning framework states otherwise.

204 Public notification for discretionary activity

A discretionary activity must be processed with public notification unless a plan or the national planning framework states that no notification or limited notification is required.

205 When to require public notification

(1)

In this section and sections 206 and 207, decision maker means—

(a)

a regional planning committee in a plan; or

(b)

the Minister in the national planning framework.

(2)

A decision maker must require public notification of an application for a resource consent if satisfied that 1 or more of the following apply:

(a)

there is sufficient uncertainty as to whether an activity could meet or contribute to outcomes, or the activity would breach a limit:

(b)

there are clear risks or impacts that cannot be mitigated by the proposal:

(c)

there are relevant concerns from the community:

(d)

the scale or significance (or both) of the proposed activity warrants it.

206 When to require limited notification

A decision maker must require limited notification of an application if satisfied that 1 or more of the following apply:

(a)

it is appropriate to notify any person who may represent public interest:

(b)

there is an affected person in relation to the activity:

(c)

the scale or significance (or both) of the proposed activity warrants it.

207 Prohibiting public or limited notification

A decision maker must prohibit public and limited notification of an application for a resource consent if satisfied that 1 or both of the following apply:

(a)

the activity is clearly aligned with the outcomes or targets set by legislation or plans; and

(b)

there is no affected person.

208 Provision of relevant information to post-settlement governance entity

(1)

This section applies if—

(a)

a consent authority is or was required by legislation to provide to a post-settlement governance entity relevant information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of the post-settlement governance entity; and

(b)

the requirement to provide the relevant information no longer applies (for example, through the expiry of any period specified in the legislation).

(2)

The consent authority must provide the post-settlement governance entity with relevant information relating to an application for a resource consent. The information must be provided regardless of whether the application is made under this Act or the Resource Management Act 1991.

(3)

In this section, relevant information means the following information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:

(a)

if the application is received by the consent authority, a summary of the application; or

(b)

if a notice of the application is served on the consent authority (under section 173 of this Act or section 145(10) of the Resource Management Act 1991), a copy of the notice.

(4)

The summary must be the same as would be given to an affected person by limited notification (under section 206 of this Act or section 95B of the Resource Management Act 1991) or as may be agreed between the post-settlement governance entity and the consent authority.

(5)

A consent authority must provide the post-settlement governance entity—

(a)

with the summary—

(i)

as soon as is reasonably practicable after the consent authority receives the application for the resource consent; but

(ii)

before the consent authority decides whether to notify the application (under section 206 of this Act or section 95 of the Resource Management Act 1991); and

(b)

with the copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.

(6)

The post-settlement governance entity may, by written notice to a consent authority,—

(a)

waive the right to be provided with the summary or copy of the notice and

(b)

state the scope of that waiver and the period it applies for.

(7)

This section does not affect the obligation of a consent authority to decide,—

(a)

under section 206 of this Act or section 95 of the Resource Management Act 1991, whether to notify an application:

(b)

under section 206 of this Act or section 95E of the Resource Management Act 1991, whether the post-settlement governance entity are affected persons in relation to an activity.

(8)

In this section, legislation has the meaning given in section 5 of the Legislation Act 2019 and includes any enactment.

Submissions on applications

209 Who may make submissions

(1)

If an application for a resource consent is publicly notified, a person described in subsection (2) may make a submission about it to the consent authority.

(2)

Any person may make a submission, but the person’s right to make a submission is limited by section 148 if the person is a person A as defined in section 147 and the applicant is a person B as defined in section 147.

(3)

If an application for a resource consent is the subject of limited notification, a person described in subsection (4) may make a submission about it to the consent authority.

(4)

A person served with notice of the application may make a submission, but the person’s right to make a submission is limited by section 148 if the person is a person A as defined in section 147 and the applicant is a person B as defined in section 147.

Compare: 1991 No 69 s 96(1)–(4)

210 Form and service of submissions

(1)

A submission must be in the prescribed form.

(2)

A submission may state whether—

(a)

it supports the application; or

(b)

it opposes the application; or

(c)

it is neutral.

(3)

A submission must be served—

(a)

on the consent authority within the time allowed by section 211; and

(b)

on the applicant as soon as is reasonably practicable after service on the consent authority.

Compare: 1991 No 69 s 96(5)–(7)

211 Time limit for submissions

(1)

This section specifies the closing date for serving submissions on a consent authority that has notified an application.

(2)

If public notification was given, the closing date is the 20th working day after the date of public notification.

(3)

If limited notification was given, the closing date is the 20th working day after the date of limited notification.

(4)

However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission.

Compare: 1991 No 69 s 97

212 Applicant to be advised of submissions

As soon as reasonably practicable after the closing date for submissions, the consent authority must provide the applicant with a list of all submissions received by it.

Compare: 1991 No 69 s 98

213 Preliminary meetings

(1)

This section applies to an application for resource consent for which there has been public or limited notification, regardless of whether a hearing is held on the application.

(2)

A consent authority may invite or require an applicant for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following:

(a)

each other or one another; and

(b)

the authority; and

(c)

anyone else whose presence at the meeting the authority considers appropriate.

(3)

The authority may invite or require persons to attend a meeting—

(a)

either—

(i)

at the request of 1 or more of the persons; or

(ii)

on its own initiative; and

(b)

only for the purpose of—

(i)

clarifying a matter or issue; or

(ii)

facilitating resolution of a matter or issue.

(4)

The authority may require persons to attend a meeting only with the consent of the applicant.

(5)

A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—

(a)

the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and

(b)

all the persons at the meeting agree.

(6)

The chairperson of the meeting must, before the hearing, prepare a report that—

(a)

does not include anything communicated or made available at the meeting on a without prejudice basis; and

(b)

for the parties who attended the meeting,—

(i)

sets out the issues that were agreed; and

(ii)

sets out the issues that are outstanding; and

(c)

for all the parties,—

(i)

may set out the nature of the evidence that the parties are to call at the hearing; and

(ii)

may set out the order in which the parties are to call the evidence at the hearing; and

(iii)

may set out a proposed timetable for the hearing.

(7)

The consent authority must have regard to the report in making its decision on the application.

(8)

If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—

(a)

to process the person’s application; or

(b)

to consider the person’s submission.

(9)

If the consent authority declines, under subsection (8)(a), to process the person’s application,—

(a)

the person may not appeal under section 253 against the decision; and

(b)

the person may object under section 829 against the decision.

(10)

If the consent authority declines, under subsection (8)(b), to consider the person’s submission, the person—

(a)

may not appeal under section 253 against—

(i)

the decision to decline to consider the submission; or

(ii)

the decision on the application; and

(b)

may not become under section 829 a party to proceedings under clauses 54 and 55 of Schedule 13; and

(c)

may object under section 829 against the decision to decline to consider the submission.

Compare: 1991 No 69 s 99

Subpart 5—Hearings and decisions

Hearings

214 Mediation

(1)

This section applies to an application for resource consent for which there has been public or limited notification regardless of whether a hearing is held on the application.

(2)

A consent authority may refer to mediation a person who has made the application and some or all of the persons who have made submissions on the application.

(3)

The consent authority may exercise the power in subsection (2)

(a)

either—

(i)

at the request of one of the persons; or

(ii)

on its own initiative; and

(b)

only with the consent of all the persons being referred; and

(c)

only for the purpose of mediating between the persons on a matter or issue.

(4)

Mediation under this section must be conducted by—

(a)

a person to whom the consent authority delegates, under section 655, the power to mediate; or

(b)

a person whom the consent authority appoints to mediate, if the authority is the person who has made an application for a resource consent.

(5)

The person who conducts the mediation must report the outcome of the mediation to the consent authority.

Compare: 1991 No 69 s 99A

215 Hearing of applications

(1)

A consent authority may decide not to hold a hearing on an application for resource consent—

(a)

if it considers that it has sufficient information to make a decision on the application without a hearing; and

(b)

regardless of whether the applicant or a submitter wishes to be heard.

(2)

If a consent authority holds a hearing, it—

(a)

may invite the applicant, any person commissioned to write a report, any submitters, or any relevant persons (including technical experts) to be heard; and

(b)

must invite the applicant to be heard if the authority is hearing from submitters or any other persons wishing to be heard.

(3)

A consent authority—

(a)

must hold a hearing if required by an agreement with iwi, hapū, or Māori (such as a Mana Whakahono ā Rohe) or Treaty of Waitangi claim settlement legislation; or

(b)

may hold a hearing if it considers that it may be more effective and efficient for the issues and information to be tested at a hearing, to assess whether they meet planning outcomes.

(4)

See section 221 which requires the consent authority to provide certain information regardless of whether a hearing is held on an application that is notified.

Compare: 1991 No 69 s 100

216 Hearing date and notice

(1)

If a hearing of an application for a resource consent is to be held, the consent authority must fix a commencement date and time, and the place, of the hearing.

(2)

A consent authority must, within the time limit prescribed in regulations (if any) or otherwise as soon as is reasonably practicable, inform an applicant or any other relevant persons (including submitters) whether the authority intends to hold a hearing.

(3)

The consent authority must give at least 10 working days’ notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to—

(a)

the applicant; and

(b)

every person who made a submission on the application stating their wish to be heard and who has not subsequently advised they do not wish to be heard.

(4)

If a joint hearing is to be held, the consent authorities concerned must ensure that every applicant and every person who made a submission is aware of the joint hearing.

Compare: 1991 No 69 s 101

217 Hearing by commissioner if requested by applicant or submitter

(1)

This section applies to an application for a resource consent if the application is notified, regardless of whether a hearing is held on the application.

(2)

The applicant, or a person who makes a submission on the application, may request in writing that a local authority delegate its functions, powers, and duties required to hear and decide the application in accordance with subsection (3).

(3)

If the local authority receives a request under subsection (2), it must delegate, under section 655, its functions, powers, and duties required to hear and decide the application to 1 or more hearings commissioners who are not members of the local authority.

Compare: 1991 No 69 s 100A

218 Joint hearings by 2 or more consent authorities of applications that relate to same proposal

(1)

If applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities must jointly hear and consider those applications unless—

(a)

all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and

(b)

the applicant agrees that a joint hearing need not be held.

(2)

When a joint hearing is to be held, the regional council for the area concerned is responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible.

(3)

If 2 or more consent authorities jointly hear applications for resource consents, they must jointly decide those applications unless any of the consent authorities consider on reasonable grounds that it is not appropriate to do so.

(4)

If 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3),—

(a)

they must identify in their decision on those applications—

(i)

their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and

(ii)

the manner in which administrative charges will be allocated between the consent authorities; and

(b)

any consent must be issued by the relevant consent authority accordingly.

(5)

If 2 or more consent authorities separately decide applications, and all the consent authorities have agreed to grant a resource consent, they must ensure any conditions to be imposed are not inconsistent with each other.

(6)

In any appeal under section 253 against a joint decision under subsection (5), the respondent is the consent authority whose consent is the subject of the appeal.

(7)

This section also applies to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal.

(8)

If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 217, and a joint hearing under this section includes the matter, then those commissioners must represent the consent authority in the joint hearing in relation to the matter.

Compare: 1991 No 69 s 102

219 Combined hearings of applications that relate to same proposal

(1)

If 2 or more applications for resource consents in relation to the same proposal have been made to a consent authority, and that consent authority has decided to hear the applications, the consent authority must hear and decide those applications together unless—

(a)

the consent authority is of the opinion that the applications are sufficiently unrelated that it is unnecessary to hold a combined hearing; and

(b)

the applicant agrees that a combined hearing need not be held.

(2)

This section also applies to any other matter the consent authority is empowered to decide or recommend on under this Act in relation to the same proposal.

(3)

If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 217, and the matter is to be heard and decided together with other matters under this section, then all of the matters must be heard and decided by those commissioners.

Compare: 1991 No 69 s 103

220 Time limit for completion of hearing of notified application

(1)

This section applies to a hearing of an application for a resource consent that was notified.

(2)

The hearing must be completed within the time prescribed by regulations under this Act (if any).

Compare: 1991 No 69 s 103A

221 Requirement to provide report and other evidence

(1)

This section applies to an application for resource consent if the application is notified, regardless of whether a hearing is held on the application.

(2)

The consent authority must provide the following (the authority’s evidence) to the applicant, and to every person who made a submission, within the time limit prescribed by regulations under this Act (if any) or otherwise as soon as practicable after the closing date for submissions on the application:

(a)

a copy of any written report prepared under clause 91 of Schedule 7; and

(b)

briefs of any other evidence to be called by the authority.

(3)

The applicant must provide briefs of evidence (the applicant’s evidence) to the consent authority within the time limit prescribed by regulations under this Act (if any) or otherwise as soon as practicable after the closing date for submissions on the application.

(4)

A person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence (the submitter’s evidence) to the consent authority and the applicant within the time limit prescribed by regulations under this Act (if any) or otherwise as soon as practicable after the closing date for submissions on the application.

(5)

The consent authority must make the following available at its office to the persons specified:

(a)

the authority’s evidence, to any person who made a submission and did not state a wish to be heard:

(b)

the applicant’s evidence, to any person who made a submission:

(c)

any submitter’s evidence, to any other person who made a submission.

(6)