Planning Bill
Planning Bill
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Planning Bill
Planning Bill
Government Bill
235—1
Explanatory note
General policy statement
The Planning Bill will replace the Resource Management Act 1991 (RMA), working in tandem with the Natural Environment Bill. Once passed, the Bills will be known as the Planning Act and Natural Environment Act.
The Planning Bill and the Natural Environment Bill provide distinct, but consistent, approaches for land use planning and environmental management, respectively. The Planning Bill establishes a framework for planning and regulating the use, development, and enjoyment of land. The Natural Environment Bill establishes a framework for the use, protection, and enhancement of the natural environment.
The development of the new planning and environmental management system created by these Bills was guided by the following objectives:
to make it easier to get things done by—
unlocking development capacity for housing and business growth:
enabling delivery of high-quality infrastructure for the future, including doubling renewable energy:
enabling primary sector growth and development (including aquaculture, forestry, pastoral, horticulture, and mining).
The intention is that these objectives will be done while also—
safeguarding the natural environment and human health:
adapting to the effects of climate change and reducing the risks from natural hazards:
improving regulatory quality in the resource management system:
upholding Treaty of Waitangi settlements and other arrangements.
The Bills address multiple problems with the current system. Together, they are expected to help to—
reduce the number of consents needed by narrowing the type of effects that are regulated:
make it easier to build homes and infrastructure by enabling the establishment of a clear set of rules under each law to guide councils and decision makers:
increase consistency between council plans across the country through greater standardisation:
reduce the number of council plans by providing for 1 plan per region that implements national direction and includes spatial, natural environment, and land-use plans in 1 place:
safeguard the natural environment and human health by introducing an environmental limits framework covering air, water, land, soils, and indigenous biodiversity, and setting out a regime to manage resource use within these limits:
make better use of data and technology to enable faster, more consistent planning decisions and make it easier to monitor performance and outcomes.
Omnibus Bill
This 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 framework for planning and regulating the use, development, and enjoyment of land.
Proposals
System architecture
Alongside the Natural Environment Bill, this Bill creates a system that will operate like a funnel, starting with clear goals that narrow what can be considered at the top and each level of the system. The system architecture in the Bill comprises—
a set of goals that tightly define the scope of the system:
a set of national instruments, comprising:
national policy direction (NPD) that particularises the goals:
national standards that provide further detailed direction for implementing the NPD and clearer and more standardised direction for decision-making and plans:
a single combined plan for each region made up of 3 integrated components:
a regional spatial plan that implements the national instruments to support urban development and infrastructure provision within environmental limits; and
a land use plan under this Bill that implements spatial plans by applying nationally standardised zones, rules, and methodologies; and
a natural environment plan under the Natural Environment Bill that implements spatial plans by applying standardised overlays, rules, and methodologies; and
consents under this Bill and permits under the Natural Environment Bill.
Each instrument must implement the one above it. (The land use plans and the natural environment plans operate at the same level of the funnel under each Bill.)
At the consenting level, councils will manage fewer effects using a higher threshold, reducing the number of consents required. Community engagement is intended to primarily occur during the spatial and land use plan development rather than at the consenting level (as per the RMA).
This is intended to make the system simpler and more efficient, reducing relitigation of matters that have already been decided higher up in the system and reduce the number of consents needed. The levels of the system are outlined in more detail below.
Purpose, goals, and principles
Purpose
The purpose of the Bill is to establish a framework for planning and regulating the use, development, and enjoyment of land.
Goals
The goals in the Bill define the outcomes the planning system is trying to achieve. They will be particularised through NPD, which directs how the goals must be achieved. All persons exercising or performing functions, duties, or powers under this Bill must seek to achieve the goals in accordance with the funnel provision. Goals cannot be relitigated at lower levels of the system. The goals of the Bill are to—
ensure that land use does not unreasonably affect others, including by separating incompatible land use:
support and enable economic growth and change by enabling the use and development of land:
create well-functioning urban and rural areas:
enable competitive urban land markets by making land available to meet current and expected demand for business and residential use and development:
plan and provide for infrastructure to meet current and expected demand:
maintain public access to and along the coastal marine area, lakes and rivers:
protect from inappropriate development the identified values and characteristics of—
specific areas of high natural character within the coastal environment, wetlands, lakes, rivers and their margins:
outstanding natural features and landscapes:
significant historic heritage:
safeguard communities from the effects of natural hazards through proportionate and risk based planning:
provide for Māori interests through—
Māori participation in the development of national instruments, spatial planning, and land use plans; and
the identification and protection of sites of significance to Māori (including wāhi tapu, water bodies, or sites in or on the coastal marine area); and
enabling the development and protection of identified Māori land.
The policy intention is that there is no inherent hierarchy within the goals.
Procedural principles
The Bill sets out procedural principles to guide how decisions are made across the system. These procedural principles are intended to ensure that decisions are made in a clear, timely, proportionate, and evidence-based manner. The procedural principles also require that when performing a function or exercising a power under the Bill, people act in an enabling manner that is consistent with other specified provisions.
Functions and powers of central and local government
Minister
Central government has a broader and more active role in shaping and overseeing the new system. The Minister is responsible for—
issuing national instruments including national policy direction, and developing nationally standardised zones, provisions, and methodologies:
approval of an applicant as a designating authority:
monitoring system performance and the effect and implementation of the Bill:
consideration of the use of economic instruments to achieve the purpose of the Bill.
The Minister has a role in the spatial planning process, with powers to appoint a member to the spatial plan committee and to make a direction in relation to the composition of the Independent Hearings Panel (IHP).
The Minister also has powers to intervene, including to—
direct territorial authorities to prepare a plan, plan change, or variation to a proposed plan to address an issue:
direct territorial authorities to commence a review of the whole or part of their land use plan:
direct territorial authorities to take action to achieve an outcome:
investigate and make recommendations on the performance or exercise by a local authority of any of its functions, duties, or powers under this Bill:
appoint 1 or more persons to perform or exercise all or any functions, duties, or powers in place of a local authority:
require local authorities to supply information.
The Minister has the power to recommend the making of regulations on a range of matters where these are contemplated in the Bill, such as processes and procedures related to—
plan making:
Independent Hearing Panels:
consent applications including the appointments of hearings commissioners:
the Planning Tribunal and the Environment Court.
The Bill also contains powers to make regulations for specific listed matters including—
preparation of regional spatial plans:
fees and charges:
cost recovery:
infringement offences and infringement fees:
rules to be included in any land use plan or proposed land use plan:
criteria for the exercise of hearings:
compliance and monitoring:
consent processing:
emergency response and recovery:
anything this Bill says may or must be provided for by regulations.
Minister of Conservation
The Minister of Conservation has the responsibilities, duties, and powers that a regional council would have under the Bill in respect of coastal marine areas of specified offshore islands.
Ministry for the Environment
The chief executive of the Ministry for the Environment must produce a system performance report every 3 years. They may also undertake a strategic review of any aspect of the system under the Bill at the Minister’s request, or at the request of any entity performing or exercising functions, duties, or powers under the Bill, or on their own initiative.
Local authorities
Under the Bill, territorial authorities have a general responsibility to enable and regulate the use and development of land within its district, including subdivision and activities on the surface of water bodies. These responsibilities must be in line with any direction provided via higher order instruments, such as national instruments or the spatial plan. In undertaking their responsibilities, territorial authorities must regulate and manage– –
outstanding natural features and landscapes:
areas of high natural character within the coastal environment, wetlands, lakes, rivers and their margins:
public access along the coastal marine area, lakes and rivers:
effects of natural hazards relating to land use:
development capacity of land for housing and business:
integration of land-use planning and infrastructure planning and investment:
contaminated land:
significant historic heritage:
requirements relating to statutory acknowledgments or Treaty settlements.
The functions of territorial authorities under the Bill are to jointly make and maintain a spatial plan for the region with regional councils, and to make, maintain, and monitor the implementation and effectiveness of the land use plan for its district. They are the consent authority for their districts, they regulate and manage effects, and will undertake compliance monitoring and enforcement actions. Territorial authorities are also responsible for keeping and maintaining certain records for each iwi and hapū within their districts.
Environmental Protection Agency
The Environmental Protection Agency (EPA) may perform enforcement functions where necessary or desirable to promote the purposes of this Bill. The EPA may assist a local authority with enforcement action, intervene in an enforcement action of a local authority, or take enforcement action against a regional council.
Effects
The Bill introduces a more targeted and proportionate approach to managing effects by narrowing the scope of effects that are subject to assessment and regulation. Under the Bill, activities that will have a less than minor effect will not be considered, unless they contribute to a cumulative effect. Some of the effects that are out of scope in the Bill are those internal to a site, visual amenity, private views, and negative impacts on competing businesses. Subjective landscape and amenity effects that preserve character are also excluded, except to protect outstanding natural landscapes and features, significant historic heritage, sites of significance to Māori, and areas of high natural character within the coastal environment, and wetlands, lakes, rivers and their margins.
The new system will also—
ensure that effects are considered against what is allowed by a plan:
allow effects to be avoided, minimised, or remedied where practicable, and offset and compensated for where appropriate:
enable national instruments to set out how effects should be managed in certain situations.
Other key changes include new thresholds for affected parties. Together, a narrower scope of, and higher threshold for, effects managed is intended to reduce the number of consents required by the system and enable a more permissive environment.
National instruments
National instruments will set out detailed objectives, policies, and standardised approaches for addressing national and regional priorities. National instruments will comprise NPD and national standards. Under the Bills, national instruments will be set by central government and implemented by local government through spatial plans and land use plans under this Bill, and natural environment plans under the Natural Environment Bill. Each Bill will have 1 corresponding NPD, which is intended to be a short, targeted document made up of objectives, policies, and directives that provide direction on the goals (such as economic growth, housing, infrastructure, and environmental protection), including how to manage conflicts between these matters. National instruments will be publicly notified, allowing for participation in the development of NPD and national standards. The NPD will be implemented through standardised direction (such as standardised planning provisions, rules, and methodologies) set out in national standards. This is intended to create greater consistency across the system by providing standard approaches to planning and regulating land use and environmental management.
Regional combined plans
In the new system, there must be a combined plan for each region at all times. A combined regional plan consists of the regional spatial plan, the natural environment plan for the region under the Natural Environment Bill and a land use plan for each district within the region under this Bill.
The first draft regional spatial plan must be publicly notified within 15 months of Royal assent or 6 months after the first national policy direction is issued and must be decided 6 months after it is publicly notified. The land use and natural environment plans must be notified within 9 months of the regional spatial plan for a region being decided.
Spatial planning
Under the Bill, spatial planning will be mandatory for each region and must be developed collaboratively by all local authorities within the region, through a spatial plan committee. Central government involvement at the governance and working levels is provided for, and committee arrangements will need to uphold relevant iwi participation legislation and related arrangements.
Spatial plans will support planning for urban development and infrastructure within environmental limits and constraints, providing strategic direction for growth over a 30-year period. Spatial plans form part of the combined regional plan and must implement national instruments. Spatial plans will be implemented by land-use plans under this Bill, and natural environment plans under the Natural Environment Bill.
The spatial planning process is designed to support integrated decision-making between this Bill and the Natural Environment Bill, and integration of development planning with infrastructure planning and investment. Regional land transport plans under the Land Transport Management Act 2003 must be consistent with spatial plans, and long-term plans under the Local Government Act 2002 must help implement spatial plans.
Spatial plan committees are required to consult with iwi authorities and customary marine title groups in the region in preparing the draft spatial plan. They must also work with others with a strong interest in spatial planning for that region, including core infrastructure operators, development and community sector groups, and neighbouring local authorities during plan development. The committees must recommend the draft spatial plan to the region’s local authorities for approval to notify it for public submissions.
Local authorities must establish an Independent Hearings Panel (an IHP) to hear public submissions on the draft spatial plan and make recommended changes. Local authorities must either accept IHP recommendations or decide an alternative solution that is consistent with the requirements of the Bill. The Minister and designating authorities also have a decision-making role in certain circumstances. Points of law appeals and limited merits appeals are available.
Land use plan-making
Under the Bill, territorial authorities are required to prepare a land use plan as part of the combined regional plan. The aim of land use plans is to enable the use and development of land by allowing activities while regulating effects. The plan-making process is designed to ensure consistency with national instruments and the regional spatial plan while providing for public input.
Councils will have 2 options when choosing provisions for their plans. Where they use standardised provisions, they will select provisions from nationally standardised provisions (including nationally standardised zones) to efficiently assemble the plans content (eg, zones, district wide rules, and overlays).
Councils will also be able to make bespoke provisions. Bespoke provisions must be supported by a justification report explaining why a departure from the national approach is necessary. Importantly, the parts of plans that contain bespoke provisions are subject to merits submissions and appeals. By contrast, a council implementing nationally standardised provisions avoids submissions on the substance of those provisions and only has to prepare a simpler evaluation report. These processes are intended to speed up plan-making processes when using standardised content, while providing for local variation when justified.
Regulatory relief
The Bill introduces a regulatory relief framework that requires councils to consider the impact of specified planning controls on landowners when they are developing plans. Where such rules are proposed councils must justify the application of a protection to each property (including by referring to data and evidence). Councils will have to provide relief where this impact is assessed to be significant.
Under this Bill, access to regulatory relief the Planning Bill is limited to planning controls that—
have a significant impact on the reasonable use of land, and
impose controls relating to:
significant historic heritage; or
sites of significance to Māori; or
outstanding natural landscapes and outstanding natural features; or
areas of high natural character within the coastal environment, wetlands, lakes, rivers, and their margins.
Councils will be able to use a range of tools when providing relief, including rates relief, bonus development rights, no-fees consents, land swaps, access to grants and cash payment. The Planning Tribunal will have a role in resolving disputes about how councils have provided relief.
Consenting
Under the Bill, activity classification will be simplified into 4 categories: permitted, restricted discretionary, discretionary, and prohibited activities. Each activity category will be subject to clear and distinct information and assessment requirements. The new system will also only allow people who are materially affected to participate in the consenting process and will raise the threshold for all notification to focus on adverse effects that are more than minor. Public notification will occur when the adverse effects are more than minor, and not all affected parties are able to be identified. This is intended to enable faster, cheaper, and more certain consenting while reducing the overall number of planning consents required by the system.
Designations
Designations are planning tools that secure land for public infrastructure or utilities. Designations may be obtained by designating authorities, including Ministers of the Crown, local authorities, and core infrastructure operators. Some other infrastructure operators will be able to apply to become a designating authority, subject to a higher public benefit test. The designation processes set out in the Bill are intended to enable effective infrastructure provision, reduce the cost and complexity of the designation process, and enable designations and infrastructure provision to be aligned with spatial planning.
Designation pathways
Under the Bill, there will be 2 main pathways available for designating authorities to designate land: an improved version of the current RMA process (amended process), and the spatial planning process. The amended process can be initiated at any time by a designating authority giving notice to a territorial authority of a proposed designation for a project. A notice of a proposed designation must include an assessment of the effects of the designation on the built environment and the strategic need for the project in that location. The proposed designation will be assessed against the goals, national instruments, and the land use plan. The designation may be publicly notified or have targeted notification, if directly affected persons can be identified. The recommending authority will make recommendations to the designating authority, who then accepts or rejects the recommendations. Decisions may be appealed to the Environment Court by submitters, or by the council. The confirmed (or modified) designation is incorporated into the land use plan.
Designating authorities are also able to secure a proposed designation through the spatial planning process for projects of national or regional significance, or if it crosses territorial authority boundaries. Through this process, proposed designations are notified as part of the draft spatial plan. Submissions are heard by the IHP, who then makes recommendations to council on the spatial plan. The designating authority then accepts or rejects the IHP recommendations. Decisions may be appealed to the Environment Court by submitters, or by the council. Designations that are confirmed (or modified) through this process will be identified in the spatial plan as well as being incorporated into any relevant land use plan.
In addition to these pathways, the indicative location of future designations will be able to be identified in the spatial plans, in which case the strategic need for the project will not need to be reconsidered through the designation process.
Construction project plans
The Bill provides for design details and measures to manage construction effects to be addressed primarily through a construction project plan, rather than conditions of the designation itself. The existing process for construction project plans (called outline plans in the RMA), where the local authority provides a recommendation to the designating authority, with no input from third parties, will be retained. The Bill also provides for co-location of infrastructure, and the permanent or temporary transfer of designations between designating authorities.
Planning Tribunal and Environment Court
Planning Tribunal
The Bill establishes a new Planning Tribunal, intended to provide for a faster, and more cost-effective, way of resolving certain, lower-level, disputes between system users and councils. It is aimed at providing an additional accountability mechanism to help ensure that the new system delivers the desired shifts in planning practice. The Planning Tribunal will be established as a division of the Environment Court, with its own chairperson and pool of adjudicators.
The key functions of the Planning Tribunal will include reviewing administrative decisions made in the processing of consents and permits, for example, requests for further information, notification decisions, interpreting consent conditions, and being able to strike out consent conditions that are deemed to be out of scope of the system.
The Planning Tribunal will have streamlined processes to support the prompt resolution of matters. It will be able to confirm, modify, or quash the decision or aspect of decision being reviewed, or send matters back to a local authority for reconsideration. It will be empowered to regulate its own procedures. There will be a presumption that matters will be decided on the papers unless a hearing is considered necessary.
The Planning Tribunal will not have a role in hearing appeals on plans, designations, and notified consents and permits where there are third-party submitters, nor deal with enforcement matters. These will remain with the Environment Court due to the complexity and stakes involved in those appeals.
Environment Court
The Environment Court will continue to hear appeals on proposed plan and plan changes (although these are limited to points of law in relation to standardised provisions), appeals to notified consents or applications for reviews or changes of consent conditions where there are submitters on the applications. The Environment Court will also hear appeals on designations, and merits appeals on bespoke provisions in land use plans, as well as appeals on decisions of the Planning Tribunal on points of law and appeals on the issue of abatement notices. The Environment Court may also issue enforcement orders and make declarations. The ability for the Environment Court to consider direct referrals and nationally significant proposals will be removed from the system.
Māori interests and the Treaty of Waitangi
The Bill contains a goal to provide for Māori interests through Māori participation in the development of NPD and plans, the identification and protection of sites of significance, and enabling the development and protection of identified Māori land. Policies for this goal will be set through NPD, which councils will have to implement when developing plans.
The Bill includes a descriptive Treaty clause that sets out how the Crown’s responsibilities under the Treaty of Waitangi are provided for in the Bill through listed provisions. These include requirements to notify and consult iwi authorities during the development of national instruments and plans.
The new system includes provisions that address how Treaty settlements redress, Ngā hapū o Ngāti Porou arrangements and Marine and Coastal Area Act 2011 rights interact with the new system as follows:
provisions that provide for statutory acknowledgement redress in the new system:
a provision that commits the Crown to work with post-settlement governance entities, and Ngā Hapū o Ngāti Porou, to seek agreement on how Treaty settlement redress or marine and coastal area arrangements will operate in the new system:
provision that requires those performing or exercising functions, duties and powers under the legislation before that agreement is reached to provide Treaty settlement redress with an effect that is the same or equivalent to the effect the redress has in relation to the RMA, to the greatest extent possible under the new Acts:
before any agreement is reached, a provision that requires those exercising or performing powers, functions, or duties to give an effect that is the same, or equivalent, to the greatest extent possible as the effect the redress or arrangement has in relation to the RMA:
provisions that ensure that the rights available under the Marine and Coastal Area (Takutai Moana) Act 2011 are maintained in the new system.
These provisions are intended to provide more certainty for all users of the system about how Māori interests and the Treaty of Waitangi are provided for.
Compliance monitoring and enforcement
The Bill retains and strengthens the core compliance and enforcement components of the RMA. These are intended to prevent adverse effects and remedy harm that occurs, support information gathering to inform decision-making, enable a range of accountability mechanisms, and enable effective administration of compliance and enforcement and cost recovery.
Under the Bill, territorial authorities will be responsible for monitoring compliance and undertaking enforcement action as it relates to administering and implementing the regulatory plan of their district and are enabled to set charges to fund these responsibilities. Territorial authorities must prepare and publish a compliance and enforcement strategy in the prescribed manner. Both territorial authorities and, in some cases, the EPA may issue certificates of compliance that state that an activity may be undertaken lawfully in a particular location without a consent.
System monitoring and performance
Territorial authorities, the Minister and the chief executive of the Ministry for the Environment all have system monitoring responsibilities under this Bill. Monitoring is expected to support continuous improvement in plan-making and implementation and will inform future plan reviews. The monitoring processes in the new system are designed to support the system performance and stewardship functions.
Territorial authorities
Territorial authorities are responsible for monitoring the implementation and effectiveness of the regulatory plan for their district. They are responsible for monitoring the whole or any part of the district as far as is appropriate to carry out their functions and responsibilities under the Bill. The requirements for measuring, monitoring, reporting and record keeping may be set out in national standards. Territorial authorities monitoring must consider—
the efficiency and effectiveness of rules or other methods in the regulatory plan:
the performing or exercise of any functions and responsibilities under its plan or delegated or transferred by the territorial authority:
the efficiency or effectiveness of processes used by the territorial authority:
the exercise of consents in its district.
Territorial authorities also have a duty to compile and publish a review of the results of monitoring undertaken no less than every 5 years.
Minister
The Minister is responsible for monitoring—
the performance of the system, including monitoring the functions, duties, and powers performed or exercised by any person under this Bill:
the implementation and effect of this Bill, regulations made under it, and national instruments:
the relationship between the functions, duties, and powers of central government and local government.
The Minister may investigate and make recommendations on territorial authorities’ performance or exercise of, or failure to perform or exercise, its functions, duties, and powers under this Bill. Where a territorial authority fails to perform or exercise any of its functions, duties, and powers under the Bill, the Minister may appoint 1 or more persons to perform or exercise all or any of those functions, duties, and powers.
Ministry for the Environment
The chief executive must prepare and maintain system performance framework under this Bill. The purpose of the performance framework is to maintain regular strategic oversight of the system by:
improving understanding of whether and to what extent legislative and system outcomes are achieved:
enabling continuous evidence-based improvements to the operation and implementation of the system:
supporting continuous improvement in the way in which the legislation is implemented:
establishing a process to identify and respond to emerging system-wide issues, including national direction outcomes.
In consultation with the Minister, the chief executive must set out key performance indicators for the framework. The chief executive may collect data from any entity that performs or exercises functions, powers, or duties under the Bill.
The chief executive must produce a system performance report every 3 years. This must provide advice on interventions within and outside the control of regional councils to manage environmental limits in an efficient and effective way, and whether additional government intervention is recommended. The chief executive must provide this report to the Minister as soon as practicable and make it publicly available.
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.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=235
Regulatory impact statement
The Ministry for the Environment produced a regulatory impact statement to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at—
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. It provides that the Bill comes into force on the day that it receives Royal assent with the following exceptions:
provisions specified in clause 2(1)(a) come into force 1 month after Royal assent:
provisions specified in clause 2(1)(b) come into force on the specified transition date (as defined in clause 4(5) of Schedule 1).
Part 1Preliminary provisions
Clause 3 defines terms used throughout the Bill.
Clause 4 states that the purpose of the Bill is to establish a framework for planning and regulating the use, development, and enjoyment of land.
Clause 5 and Schedule 1 provide for transitional, savings, and related provisions.
Under clause 6, the Bill binds the Crown. This clause also outlines instances when the Crown is not subject to the Bill. Clause 7 sets out when the Bill does not apply to ships and aircraft of foreign States.
Clauses 8 to 10 provide for the Crown’s responsibilities in relation to the Treaty of Waitangi/te Tiriti o Waitangi (the Treaty) and for the treatment of existing Treaty redress or arrangements.
Part 2Foundations
Subpart 1—Core provisions for decision making
Clause 11 sets out the goals that all persons exercising or performing functions, duties, or powers under this Bill must seek to achieve.
Clauses 12 to 15 set out the following:
the hierarchy of key instruments:
procedural principles for exercising or performing functions, duties, or powers under this Bill:
the effects of an activity that are outside the scope of the Bill:
requirements relating to consideration of adverse effects of an activity.
Clause 16 defines references to rules for the purpose of subpart 2.
Subpart 2—Duties and restrictions
Clauses 17 to 19 set out restrictions on using land and subdividing.
Clauses 20 to 22 specify when an existing land use and an existing building work is allowed and when an existing land use is discontinued. Certain existing uses of surface water are protected under clause 23 until a land use consent is obtained.
Clause 24 sets out duties relating to unreasonable noise.
Clause 25 sets out duties relating to adverse effects.
Clause 26 provides that certain legal requirements are not affected by this Bill.
Subpart 3—Key instruments
Clause 27 summarises the purpose of each of the following key instruments:
national policy direction:
national standards:
regional spatial plans:
land use plans:
regional combined plans.
Clauses 28 to 30 define key instrument terms.
Clauses 31 to 35 provide for the classification of an activity as—
a permitted activity; or
a restricted discretionary activity; or
a discretionary activity; or
a prohibited activity.
Clauses 36 and 37 set out requirements for rules relating to discretionary activities and restricted discretionary activities.
Clause 38 set out requirements for permitted activity standards and permitted activity standards that require registration of activity.
Clauses 39 to 43 set out the relationship between national rules and plan rules, planning consents, designations, and bylaws.
Subpart 4—National instruments
Clauses 44 to 52—
outline the role and application of national instruments:
cover procedural matters when making and approving a national instrument, incorporating material by reference into a national instrument, and withdrawing a proposed national instrument:
require territorial authorities and spatial plan committees to implement a national instrument:
specify that national instruments may direct plan provisions in land use plans and may provide for transitional matters.
Clauses 53 to 57 set out—
the requirement for a national policy direction:
the purpose of a national policy direction:
the required content of a national policy direction:
the function of a national policy direction in respect of goals in this bill and the Planning Bill.
Clauses 58 to 62 are about national standards.
Clause 58 requires there to always be national standards for specified content.
Clauses 59 and 60 specify the purpose of national standards and what directions they may give.
Clause 61 requires national standards that are national rules to be clearly identified as such. The Minister for the Environment (the Minister) may amend national standards without the full process as specified in clause 62.
Part 3Combined plan
Clause 63 requires there to be a combined plan for each region at all times.
Subpart 1—Requirement for regional spatial plans
Clauses 64 to 66 require every region to have a regional spatial plan and require the boundary of the relevant area to align with the boundary of the relevant region. The Chatham Islands and offshore islands the Minister of Conservation administers are excluded from this requirement.
Clauses 67 to 70 set out the purpose of regional spatial plans and requirements for preparation of the plans, and require a spatial plan committee to consult with iwi.
Clauses 71 to 73 require the local authorities in each region to form a spatial plan committee, provide for the membership and outline the role of the committees.
Subpart 2—Land use plans
Clauses 75 to 80 set out the core requirements for making land use plans, including their purpose, standard and bespoke provisions, and core obligations when preparing and deciding land use plans. Each district must have at least 1 land use plan.
Clauses 81 to 85 provide for certain types of provisions in land use plans and provide for regulations to prevail over rules in land use plans in the case of conflict.
Clause 86 sets out when a method in a land use plan may provide an incentive to a land owner to undertake an activity.
Clauses 87 to 91 set out the requirements for evaluation reports and justification reports required under Schedule 3.
Clause 92 and Part 4 of Schedule 3 set out obligations relating to regulatory relief.
Clause 93 allows for land use plans and proposed land use plans to make an area subject to future provisions. Clauses 94 to 96 set out requirements in relation to future provisions.
Clauses 97 and 98 provide for change to land use plan provisions through the issue of a planning consent.
Clause 99 requires a territorial authority to review provisions in a land use plan at least once every 10 years.
Clause 100 requires statutory acknowledgements from the Treaty settlement legislation listed in Schedule 12 to be attached to the applicable land use plan.
Clauses 101 to 105 provide for other matters relating to land use plans.
Clause 106 and Schedule 5 set out provisions relating to designations.
Part 4Planning consents
Subpart 1—Types of consent
Clause 107 defines terms related to consents, including land use consent and subdivision consent.
Subpart 2—Applying for planning consent
Clauses 108 to 116 provide for general requirements when applying for a planning consent.
Clauses 117 and 118 set out consent processing time limits and excluded time periods.
Clauses 119 to 122 provide for when a consent authority may request further information for an application and a report relating to an application.
Subpart 3—Notification, submissions, and hearings
Clauses 123 to 128 set out the process for a consent authority to provide either public notification or targeted notification of an application for a planning consent.
Clauses 129 and 130 define protected customary rights group and affected customary marine title group.
Clauses 131 to 133 provide for who can make a submission on applications depending on how they were notified, as well as other procedural matters.
Clauses 134 to 136 provide for a permit authority to conduct hearings in relation to planning consent application.
Subpart 4—Consideration of application and decision
Clauses 137 to 149 set out the matters that apply when a consent authority considers a planning consent application.
Subpart 5—Conditions and other requirements relating to decisions
Clauses 151 and 152 set out requirements relating to planning consent conditions, clause 153 requires a consent authority to give notice of its decision on an application for planning consent, and clauses 154 and 155 provide for appeals to the Environment Court.
Subpart 6—Nature of consents, commencement, duration and review
A planning consent is neither real nor personal property (clause 156) and prevails over specified instruments (clause 157).
Clauses 158 to 162 set out when a planning consent commences.
Clauses 163 to 167 provide for the duration, lapse, and cancellation of a planning consent.
Clauses 168 to 174 provide for the consent authority to review consent conditions.
Clauses 175 and 176 provide for the transfer and surrender of specified consents.
Subpart 7—Miscellaneous
Clauses 177 to 180 set out processes that relate to activities that do not require a planning consent.
Clause 181 and Schedule 7 set out further provisions that relate to subdivision under this Bill and reclamation under the Natural Environment Bill.
Part 5Key roles
Subpart 1—Functions and powers of central and local government
Clauses 182 and 183 set out the functions of the Minister and the Minister of Conservation.
Clauses 184 to 188 set out the functions, powers, and responsibilities of territorial authorities under this Bill, including record keeping requirements.
Under clauses 191 and 192, a territorial authority may fix administrative charges.
Clauses 193 to 196 provide for a territorial authority to transfer or delegate any of its functions, powers, or responsibilities.
Clauses 197 to 200 provide for a territorial authority to enter a joint management agreement.
Subpart 2—Ministerial intervention
Clauses 201 to 208 set out powers the Minister may exercise in relation to a local authority’s performance in relation to this Bill. This includes investigating a local authority, directing a local authority to take action to achieve a specified outcome, and commencing reviews.
Clause 209 empowers any Minister of the Crown to delegate any of that Minister’s functions, powers, or duties under this Bill to the chief executive of that Minister’s department. For exceptions, see clause 209(1)(a) to (l).
Subpart 3—System performance
Clauses 210 to 212 require the chief executive to prepare, maintain, and report on a system performance framework in order to maintain regular strategic oversight of the system.
The chief executive may undertake a strategic review of a matter to give effect to the purpose of the system performance framework (clause 213) and the Minister may request an entity to undertake an independent review of the overall performance of the system under this Bill (clause 214).
Subpart 4—Environment Court and Planning Tribunal
Clause 215 and Schedule 9 set out provisions that apply to the Environment Court and its proceedings.
Clause 216 and Schedule 10 set out provisions that apply to the Planning Tribunal, its establishment, and its proceedings.
Part 6Enforcement and other matters
Subpart 1—Enforcement
A person has a duty to give certain information to an enforcement officer under clause 217.
Clause 218 provides for a local authority to authorise certain persons to carry out the functions and powers of an enforcement officer under this Bill.
Clauses 219 to 226 set out provisions relating to the enforcement functions of the Environmental Protection Authority (EPA).
Clause 227 requires all proceedings under this Part to be heard by an Environment Judge sitting alone or by the Environment Court, with some exceptions (see clause 227(2) to (4)).
Clauses 228 to 231 provide for declarations, clauses 232 to 239 for enforcement orders, and clauses 240 to 245 for abatement notices.
Clauses 246 imposes restrictions on certain applications for enforcement orders and abatement notices.
Clauses 247 to 249 provide for excessive noise directions. Clause 247 defines excessive noise for the purposes of this Bill.
Clauses 250 to 253 provide for an enforcement officer’s powers of entry and search.
Clauses 254 to 270 cover—
offences (clause 254):
limitation periods for offences and pecuniary penalties (clause 255):
penalties, defences, and matters relating to fines (clauses 256 to 261):
infringement offences (clauses 262 to 270).
Clause 271 provides for further enforcement matters set out in Schedule 8.
Clause 272 requires local authorities to prepare a compliance and enforcement strategy.
Clauses 273 requires local authorities and the EPA to publish information about their functions, duties, and powers, including their enforcement activities that result in a conviction or a court order, and clause 274 imposes a duty on the chief executive to ensure the Ministry issues enforcement guidance to assist local authorities and the EPA.
Subpart 2—Emergency works
Clauses 275 to 280 provide for undertaking emergency works.
Subpart 3—Regulations
Clauses 281 to 283 empower the making of regulations, including regulations that prescribe a resource consent levy.
Subpart 4—Miscellaneous
Clauses 284 to 295 provide for miscellaneous matters, including waivers and extending time limits (clauses 284 to 286) and continuing the Crown’s existing rights to resources (clause 288), vesting of reclaimed land (clause 289), arbitration (clause 290), planning consent levy (clause 291), joint regional and district planning documents (clauses 292 and 293), amendments to other legislation (clause 294), and hearings and protection of sensitive information (clause 295).
Schedules
There are 12 schedules, providing for matters relevant to the Bill as follows:
Schedule 1 sets out the transitional, savings, and related provisions:
Schedule 2 provides for the contents, preparation, review, and implementation of regional spatial plans:
Schedules 3 sets out the process for preparing and changing land use plans:
Schedule 4 sets out provisions relating to the membership and funding of independent hearing panels:
Schedule 5 sets out provisions relating to designations:
Schedule 6 sets out the information that is required in applications for consent:
Schedule 7 sets out further provisions relating to subdivision and reclamation:
Schedule 8 sets out provisions that apply to the enforcement topics listed in clause 271:
Schedule 9 sets out provisions that apply to the Environment Court and its proceedings:
Schedule 10 sets out provisions that apply to the Planning Tribunal, its establishment, and its proceedings:
Schedule 11 sets out the amendments to other legislation required as a result of the changes proposed by this Bill:
Schedule 12 sets out a list of the Acts that include a statutory acknowledgement as part of the redress provided in Treaty of Waitangi settlements.
Hon Chris Bishop
Planning Bill
Government Bill
235—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Planning Act 2025.
2 Commencement
(1)
This Act comes into force on Royal assent except for—
(a)
Part 1 of Schedule 11 (amendments to the Resource Management Act 1991) which come into force 1 month after Royal assent; and
(b)
the following provisions, which come into force on the specified transition date:
(i)
subpart 2 of Part 2 (duties and restrictions):
(ii)
Part 4 (planning consents):
(iii)
sections 182(c), 184, 185, and 187 (key roles):
(iv)
section 190 (provision of information to post settlement governance entity):
(v)
sections 210, 212, and 213 (system performance):
(vi)
subpart 1 of Part 6 (enforcement):
(vii)
sections 275 to 278 (emergency works):
(viii)
sections 289 and 291 (miscellaneous):
(ix)
Part 3 of Schedule 3 (legal effect of rules in plans):
(x)
Schedules 5 to 9 (designations, information for consent applications, subdivisions and reclamation, enforcement matters, Environment Court):
(xi)
clauses 14 to 24 of Schedule 10: (Planning Tribunal):
(xii)
Parts 3 and 4 of Schedule 11 (amendments to legislation).
(2)
In this section, specified transition date, has the meaning given in clause 4(5) of Schedule 1.
Part 1 Preliminary provisions
3 Interpretation
(1)
In this Act, unless the context otherwise requires,—
abatement notice means a notice served under section 240
access strip means a strip of land created by the registration of an easement in accordance with clause 52 of Schedule 7 for the purpose of allowing public access to or along any river, lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act)
accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
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
allotment has the meaning given in clause 3 of Schedule 7
bed,—
(a)
in relation to a river, means the space of land that the waters of the river cover at its annual fullest flow without overtopping its banks:
(b)
in relation to a lake (other than a lake controlled by artificial means), means the space of land that the waters of the lake cover at its annual highest level without exceeding its margin:
(c)
in relation to a lake controlled by artificial means, means the space of land that the waters of the lake cover at its maximum permitted operating level:
(d)
in relation to the sea, means the submarine areas covered by the internal waters and the territorial sea
bespoke plan provision—
(a)
means a plan provision that is not a standardised plan provision or a designation; and
(b)
includes a plan provision authorised by a national instrument in accordance with section 48(1)(b)
best practicable option, in relation to an emission of noise, means the best method for preventing or minimising the adverse effects on the built environment having regard, among other things, to—
(a)
the nature of the emission and the sensitivity of the receiving environment to adverse effects; and
(b)
the financial implications, and the effects on the built 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
built environment includes—
(a)
people and communities:
(b)
land and the identified values and characteristics of land:
(c)
structures:
(d)
infrastructure
certificate of compliance means a certificate granted by a consent authority under section 178
change request means a request under clause 49 of Schedule 3 by a person (other than the territorial authority) for a change to a land use plan
chief executive means the chief executive of the department
company lease has the meaning given in clause 1 of Schedule 7
conditions, in relation to land use plans and planning consents, includes terms, standards, restrictions, and prohibitions
consent authority means a territorial authority whose permission is required to carry out an activity for which a planning consent is required under this Act
consent notice has the meaning given in clause 1 of Schedule 7
construction does not include maintenance or repair
contaminated land means land that has a hazardous substance in or on it that—
(a)
has significant adverse effects on the environment; or
(b)
is reasonably likely to have significant adverse effects on the environment
co-ordination document means a document adopted under section 36
core infrastructure operation and core infrastructure operator have the meanings given in section 9
cross lease has the meaning given in clause 1 of Schedule 7
Crown organisation has the meaning given in section 4 of the Crown Organisations (Criminal Liability) Act 2002
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
designation has the meaning given in clause 3 of Schedule 5
designating authority has the meaning given in clause 8(1) of Schedule 5
discretionary activity means an activity to which section 32(4) applies
directive means a provision of a national instrument that—
(a)
relates to matters of policy in a plan; and
(b)
specifies how a goal is to be achieved or the aspects of a goal that plan must prioritise
district, in relation to a territorial authority,—
(a)
means the district of the territorial authority as defined in accordance with the Local Government Act 2002 but, except as provided in paragraph (b) does not include any area in the coastal marine area:
(b)
includes, for the purposes of section 112, any area in the coastal marine area
draft regional spatial plan means a plan prepared under section 9 of Schedule 1 that has not been adopted under clause 29 of Schedule 2, and includes—
(a)
any associated scenarios and options assessment report; and
(b)
any other associated information prescribed by a national instrument or regulations
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 that arises 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 but that has a high potential impact
enforceable undertaking means an undertaking accepted by a local authority or the EPA under clause 23 of Schedule 8
enforcement officer, in relation to any provision of this Act, means a person appointed by a local authority, permit authority, or the EPA to exercise the functions, powers, or duties of an enforcement officer under that provision
Environment Court means the Environment Court referred to in clause 3 of Schedule 7
environmental limit has the meaning given in section 3 of the Natural Environment Act 2025
Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011
esplanade reserve has the meaning given in clause 1 of Schedule 7
esplanade strip has the meaning given in clause 1 of Schedule 7
excessive noise has the meaning given in section 247
existing joint management agreement means a joint management agreement made under any provision of the Resource Management Act 1991 and in force on the day after the Natural Environment Act 2025 receives Royal assent
existing or initiated Mana Whakahono ā Rohe means an arrangement in force or initiated under subpart 2 of Part 5 of the Resource Management Act 1991 on the day after the Natural Environment Act 2025 receives Royal assent
existing use certificate means a certificate issued under section 179
goals means the goals set out in section 11
harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition
historic heritage—
(a)
means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:
(i)
archeological:
(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, water bodies, or sites in or on the coastal marine area; and
(iv)
surroundings associated with those natural and physical resources
identified Māori land means any of the following:
(a)
Maori customary land or Maori freehold land (as those terms are defined in section 4 of Te Ture Whenua Maori Act 1993):
(b)
land set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993:
(c)
land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of the Te Urewera Act 2014):
(d)
the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
(e)
General land owned by Maori (as defined in section 4 of Te Ture Whenua Maori Act 1993) that—
(i)
was previously Maori freehold land (as defined in section 4 of that Act), but ceased to have that status in accordance with—
(A)
an order of the Māori Land Court made on or after 1 July 1993; or
(B)
Part 1 of the Maori Affairs Amendment Act 1967; and
(ii)
is owned by—
(A)
the persons who beneficially owned that land immediately before it ceased to be Māori freehold land; or
(B)
any successor of 1 or more of those persons if the successor is within the preferred class of alienees (as defined in section 4 of Te Ture Whenua Maori Act 1993):
(f)
land vested in the Māori Trustee (as defined in section 4 of Te Ture Whenua Maori Act 1993) that—
(i)
is constituted as a Maori reserve by or under the Maori Reserved Land Act 1955; and
(ii)
remains subject to that Act:
(g)
land owned by a Treaty settlement entity (as defined in section 4 of the Fast-track Approvals Act 2024), if the land was acquired—
(i)
as redress for the settlement of a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975 (whether or not that claim was submitted to the Waitangi Tribunal); or
(ii)
by the exercise of rights under a Treaty settlement:
(h)
other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body (as defined in section 11(2) of the Infrastructure Funding and Financing Act 2020), or a local authority with the intention of returning the land to the holders of mana whenua over that land
independent hearings panel or panel,—
(a)
in relation to a draft regional spatial plan, means the independent hearings panel assigned to that draft under clause 15 of Schedule 2; and
(b)
in relation to a proposed land use plan or private plan change, means the independent hearings panel assigned to that proposed plan or plan change under clause 21 of Schedule 3
infrastructure, in relation to designations, has the meaning given in clause 1 of Schedule 5
infrastructure design solution means an infrastructure design solution made under section 139C of the Water Services Act 2021
internal waters has the meaning given in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
iwi authority means the authority that represents an iwi and that is recognised by that iwi as having authority to do so
iwi participation legislation—
(a)
means legislation that provides a role for iwi or hapū in processes under this Act, the Resource Management Act 1991, or the Natural Environment Act 2025, including—
(i)
a Treaty settlement Act; and
(ii)
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019; but
(b)
does not include this Act, the Natural Environment Act 2025, or secondary legislation made under either
key instrument means—
(a)
the national policy direction:
(b)
a national standard:
(c)
a regional spatial plan:
(d)
a land use plan
land includes—
(a)
land covered by water; and
(b)
the airspace above the land; and
(c)
the surface of water in a lake or river
land use consent has the meaning given in section 107
land use plan or plan—
(a)
means a land use plan prepared by a territorial authority in accordance with Schedule 3 that is operative; and
(b)
includes any provision of a land use plan that is operative, even if other provisions of a relevant proposed plan or private plan change are not yet operative
legal effect, in relation to a rule in a proposed plan, means legal effect in accordance with clause 58 of Schedule 3
local authority—
(a)
means a regional council or territorial authority; and
(b)
includes a unitary authority
mana whenua means customary authority exercised by an iwi or a hapū in an identified area
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
method, in relation to a key instrument, has the meaning given in section 28(3)
national instrument means a national policy direction or a national standard
national rule means a rule in a national standard that does not require inclusion in a land use plan to take effect
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 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 the effects of climate change on any of those occurrences
natural resource permit means a natural resource permit under the Natural Environment Act 2025
noise includes vibration
objective, in relation to a key instrument, has the meaning given in section 28(1)
occupier means—
(a)
the inhabitant occupier of any property; and
(b)
for the purposes of section 24, in relation to any land (including any premises and any coastal marine area), includes any agent, employee, or other person acting or apparently acting in the general management or control of the land, or any plant or machinery on that land
operative, in relation to a land use plan or provision in a land use plan, means that the plan or provision—
(a)
has become operative in terms of clause 45 of Schedule 3 or is treated as operative in accordance with clause 61 of that schedule; and
(b)
has not ceased to be operative
options assessment report means a draft options assessment report prepared under section 9 or a final options assessment report prepared under section 30
owner,—
(a)
in relation to any land, means the person who is for the time being entitled to the rack rent of the land, or who would be so entitled if the land were let to a tenant at a rack rent, and includes—
(i)
the owner of the fee simple of the land; and
(ii)
any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and
(b)
in relation to any ship or offshore installation or oil transfer site, has the meaning given in section 222(2) of the Maritime Transport Act 1994
pecuniary penalty means a penalty imposed under clause 32 of Schedule 8
permitted activity means an activity to which section 32(2) applies
permitted activity rule means a rule that specifies conditions for carrying out a permitted activity (see section 30(a)(ii))
person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate
plan change means either of the following instruments, if the instrument has been notified for submissions but has not become operative:
(a)
a change to a land use plan proposed by a territorial authority:
(b)
a change request to a land use plan adopted by a territorial authority under clause 51(1)(a) of Schedule 3
planning consent has the meaning given in section 107
plan provision—
(a)
means a provision of a land use plan or proposed land use plan; and
(b)
includes a provision described in section 28(1) or (2)
policy, in relation to a key instrument, has the meaning given in section 28(2)
post-settlement governance entity—
(a)
means a body corporate or the trustees of a trust established by a claimant group for the purposes of receiving redress or participating in arrangements established under a Treaty settlement Act; and
(b)
includes an entity established to represent a collective or combination of claimant groups
prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require
private plan change means a change request that a territorial authority has decided (under clause 51(1)(b) of Schedule 3) to process as a private plan change, if it has been notified for submissions but has not become operative
prohibited activity means an activity to which section 33 applies
proposed land use plan or proposed plan—
(a)
means any of the following instruments, if the instrument has been notified for submissions but has not become operative:
(i)
a land use plan proposed by a territorial authority:
(ii)
a change to an operative land use plan proposed by a territorial authority:
(iii)
a change request adopted by a territorial authority under clause 51(1)(a) of Schedule 3; and
(b)
includes a variation to an instrument described in paragraph (a), if that variation has been notified for submissions until the point that it is incorporated into the instrument under clause 42(3) of Schedule 3; but
(c)
excludes a private plan change
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
qualifying resident, in relation to a district, means any of the following:
(a)
a person that is a ratepayer (within the meaning of section 10 of the Local Government (Rating) Act 2002) of the district:
(b)
a person that provides infrastructure within the district:
(c)
a natural person whose main place of residence is within the district:
(d)
a person, other than a natural person, that has an office, or operates, in the district
regional council—
(a)
has the meaning given in section 5(1) of the Local Government Act 2002; and
(b)
includes a unitary authority within the meaning of that Act
regional spatial plan means a regional spatial plan prepared and adopted under Schedule 2
regulations means regulations made under this Act
renewable energy activity means—
(a)
the establishment, operation, maintenance, or upgrade of an activity that produces energy from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources; and
(b)
a supporting and subsidiary activity in relation to an activity described in paragraph (a).
restricted discretionary activity means an activity to which section 32(3) applies
road—
(a)
has the meaning given in section 315 of the Local Government Act 1974; and
(b)
includes a motorway as defined in section 2(1) of the Government Roading Powers Act 1989
rule has the meaning given in section 30
significant non-compliance, in relation to non-compliance with an abatement notice, enforcement order, infringement notice, or conviction under this Act, means that the non-compliance is substantial, not minor or technical, and has caused, or has the potential to cause, harm to the built environment that is serious enough to warrant attention and further action from regulatory bodies and relevant authorities
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water
spatial plan committee means a committee whose terms of reference—
(a)
are provided by 1 or more local authorities; and
(b)
include performing or exercising the functions, power, and duties of a spatial plan committee under this Act
specified energy activity means—
(a)
the establishment, operation, maintenance, or upgrade of—
(i)
an activity that produces energy from solar, wind, hydro, geothermal, or biomass sources:
(ii)
any part of the electricity network:
(iii)
the storage or discharge of electricity:
(iv)
thermal electricity generation facilities:
(b)
a supporting and subsidiary activity in relation to an activity described in paragraph (a)
specified topic means any of the following topics:
(a)
significant historic heritage sites or significant historic heritage structures:
(b)
outstanding natural landscapes or outstanding natural features:
(c)
sites of significance to Māori:
(d)
areas of high natural character in the coastal environment, wetlands, lakes, rivers, or their margins
standardised plan provision means a plan provision described in section 48(2) that is contained in a national instrument
statutory acknowledgement means an acknowledgement made by the Crown in respect of a statutory area, on the terms set out in the legislation listed in Schedule 12
statutory area means the area subject to a statutory acknowledgement, as defined in the relevant legislation listed in Schedule 12
stormwater environmental performance standard means a standard made under section 139A of the Water Services Act 2021
structure means any building, equipment, device, or other facility made by people and which is fixed to land; and includes any raft
subdivide land and subdivision of land have the meaning given in clause 2 of Schedule 7
subdivision consent has the meaning given in section 107
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 plan has the meaning given in clause 4 of Schedule 7
tangata whenua, in relation to a particular area, means the iwi, or hapū, that holds mana whenua over the area
targeted notification, in relation to an application for a planning consent, means notification given in accordance with section 125(3) or (6)
tender means any form of tender (whether public or otherwise)
territorial authority has the meaning given in section 5(1) of the Local Government Act 2002
the Treaty of Waitangi/te Tiriti o Waitangi has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975
Treaty settlement means—
(a)
a Treaty settlement; or
(b)
a Treaty settlement deed
Treaty settlement Act means—
(a)
an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
(b)
any other Act that provides redress for Treaty of Waitangi/te Tiriti o Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
(i)
the Maori Commercial Aquaculture Claims Settlement Act 2004:
(ii)
the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
(iii)
the Nga Wai o Maniapoto (Waipa River) Act 2012:
(iv)
the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010:
(v)
the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act and is made under Part 9 of the Fisheries Act 1996
Treaty settlement deed—
(a)
means a deed or other agreement that—
(i)
has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
(ii)
is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
(b)
to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
(c)
does not include an agreement in principle or any document that is preliminary to a signed and ratified deed
unitary authority has the meaning given in section 5(1) of the Local Government Act 2002
unit plan has the meaning given in section 5(1) of the Unit Titles Act 2010
use,—
(a)
in sections 17, 20, 21, 22, 23, and 104(2) and clause 4(1)(b) of Schedule 5, means—
(i)
to alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:
(ii)
to drill, excavate, tunnel, or disturb land in a similar way:
(iii)
to damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
(iv)
to deposit a substance in, on, or under land:
(v)
any other use of land; and
(b)
in sections 17, 20, 21, 22, 23, and 104(2) and clause 4(1)(b) of Schedule 5, also means to enter onto or pass across the surface of water in a lake or river
variation means an amendment to a proposed land use plan by a territorial authority under clause 42 of Schedule 3
wāhi tapu has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
wastewater environmental performance standard means a standard made under section 138 of the Water Services Act 2021
water services standard means any of the following:
(a)
an infrastructure design solution:
(b)
a stormwater environmental performance standard:
(c)
a wastewater environmental performance standard
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 a 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.
(2)
In this Act, unless the context otherwise requires, the following terms have the meanings given in section 3 of the Natural Environment Act 2025:
(a)
coastal marine area:
(b)
contaminant:
(c)
discharge:
(d)
dumping:
(e)
geothermal energy:
(f)
lake.
4 Purpose
The purpose of this Act is to establish a framework for planning and regulating the use, development, and enjoyment of land.
5 Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.
6 Act binds the Crown
(1)
This Act binds the Crown except as provided in this section.
(2)
This Act does not apply to any work or activity of the Crown which—
(a)
is a use of land within the meaning of section 3; and
(b)
the Minister of Defence certifies is necessary for reasons of national security.
(3)
Section 17 does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—
(a)
is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and
(b)
does not have a significant adverse effect beyond the boundary of the area of land.
(4)
Section 17 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.
(5)
An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—
(a)
it is a Crown organisation; and
(b)
the notice or direction is served or issued against the Crown organisation in its own name.
(6)
An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—
(a)
it is a Crown organisation; and
(b)
a local authority or the EPA applies for the order; and
(c)
the order is made against the Crown organisation in its own name.
(7)
Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.
(8)
An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—
(a)
it is liable to be proceeded against for the alleged offence under subsection (9); and
(b)
the notice is served against the Crown organisation in its own name.
(9)
An instrument of the Crown may be prosecuted for an offence against this Act only if—
(a)
it is a Crown organisation; and
(b)
the offence is alleged to have been committed by the 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 the proceedings do not cite the Crown as a defendant; and
(iii)
in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(10)
However, subsections (8) and (9) are subject to section 8(4) 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).
(11)
If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—
(a)
serving or issuing an abatement notice or excessive noise direction against it; and
(b)
making an enforcement order against it; and
(c)
serving an infringement notice on it; and
(d)
enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.
(12)
Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—
(a)
be served or issued with an abatement notice or excessive noise direction; or
(b)
have an enforcement order made against it; or
(c)
be served with an infringement notice; or
(d)
be prosecuted for an offence against this Act.
7 Application of this Act to ships and aircraft of foreign States
(1)
This Act does not apply to any of the following:
(a)
warships of any State other than New Zealand:
(b)
aircraft of the defence forces of any State other than New Zealand:
(c)
any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes:
(d)
the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c).
(2)
However, subsection (1) does not apply if regulations expressly provide otherwise.
Compare: 1991 No 69 s 4A
8 Treaty of Waitangi/Tiriti o Waitangi
To recognise the Crown’s responsibilities in relation to the Treaty of Waitangi/te Tiriti o Waitangi,—
Māori interests goal
(a)
section 11 provides for Māori interests through—
(i)
Māori participation in the development of national instruments, spatial planning, and land use plans; and
(ii)
the identification and protection of sites of significance to Māori (including, wāhi tapu, water bodies, or sites in or on the coastal marine area); and
(iii)
enabling the development and protection of identified Māori land:
Process for making national instrument
(b)
section 46 requires the Minister to consult with iwi authorities before publicly notifying a proposed national instrument:
Regional spatial plans
(c)
in relation to regional spatial plans—
(i)
section 70 requires the Minister to consult with iwi authorities and relevant customary marine title groups throughout the preparation of a regional spatial plan:
(ii)
clause 10 of Schedule 2 imposes on the spatial planning committee duties relating to identified Māori land:
Land use plans
(d)
in relation to land use plans,—
(i)
section 80(4)(b) requires territorial authorities to have regard to any statutory acknowledgement, and any relevant planning document recognised by an iwi authority when preparing and deciding land use plans; and
(ii)
clause 3 of Schedule 3 require territorial authorities to prepare and change their land use plans in accordance with any applicable iwi participation legislation, any agreement under that legislation, and any existing or initiated Mana Whakahono ā Rohe; and
(ii)
clauses 5(1) and 14 of Schedule 3 require territorial authorities to do the following before notifying a proposed land use plan for submissions—
(A)
consult tangata whenua (through iwi authorities) and relevant customary marine title groups:
(B)
provide those groups with a draft of the proposed plan:
(C)
have regard to any advice they provide:
Designations
(e)
clause 2 of Schedule 5 imposes on persons exercising powers or performing functions relating to a designation, duties relating to identified Māori land.
9 Crown to seek to enter agreements to uphold Treaty settlement redress or arrangements
(1)
To assist in the transition from the Resource Management Act 1991 to this Act and the Natural Environment Act 2025, the Crown will work with any post-settlement governance entity and the ngā hapū o Ngāti Porou governance entity, if they wish to do so, to seek agreement on how their Treaty settlement redress or arrangements will operate with the same or equivalent effect to the greatest extent possible under this Act and the Natural Environment Act 2025.
(2)
The Crown will, when working with an entity under subsection (1),—
(a)
discuss, for the purpose of reaching agreement with the entity, how the Treaty settlement redress or arrangements could operate under this Act and the Natural Environment Act 2025 in a way that would have the same or equivalent effect to the greatest extent possible; and
(b)
following those discussions, and where agreement is reached, enter into the agreement with the entity to record the agreement reached (which may include entering into a deed to amend the relevant Treaty settlement deed.
(3)
This section is repealed on and from the 2nd anniversary of the commencement of this Act.
(4)
However, the repeal of this section does not, after the date referred to in subsection (3), prevent the Crown from—
(a)
continuing discussions or entering an agreement started in accordance with subsection (2); or
(b)
entering into an agreement of the nature set out in subsection (2)(b) with an entity; or
(c)
progressing any legislation necessary to give effect to any such agreement after the repeal of this section.
(5)
For the purposes of this section and section 10,—
Resource Management Act 1991 means that Act as it was immediately before this Act received Royal assent
Treaty settlement redress or arrangements means any of the following as they specifically relate to the Resource Management Act 1991:
(a)
redress in a Treaty settlement Act; or
(b)
redress in a signed deed of settlement:
(c)
the arrangements under the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
10 Treaty redress or arrangements to be given same or equivalent effect
(1)
Subsection (2) applies to Treaty settlement redress or arrangements until an agreement is reached under section 9.
(2)
In relation to any particular Treaty settlement redress or arrangements, all persons exercising and performing functions, powers, and duties under this Act must, to the greatest extent possible under this Act, give an effect that is the same, or equivalent, as the effect that the redress or arrangement has in relation to the Resource Management Act 1991.
(3)
This section does not apply in relation to statutory acknowledgements.
Part 2 Foundations
Subpart 1—Core provisions for decision making
11 Goals
(1)
All persons exercising or performing functions, duties, or powers under this Act must seek to achieve the following goals subject to sections 12 and 45:
(a)
to ensure that land use does not unreasonably affect others, including by separating incompatible land uses:
(b)
to support and enable economic growth and change by enabling the use and development of land:
(c)
to create well-functioning urban and rural areas:
(d)
to enable competitive urban land markets by making land available to meet current and expected demand for business and residential use and development:
(e)
to plan and provide for infrastructure to meet current and expected demand:
(f)
to maintain public access to and along the coastal marine area, lakes, and rivers:
(g)
to protect from inappropriate development the identified values and characteristics of—
(i)
areas of high natural character within the coastal environment, wetlands, and lakes and rivers and their margins:
(ii)
outstanding natural features and landscapes:
(iii)
sites significant historic heritage:
(h)
to safeguard communities from the effects of natural hazards through proportionate and risk-based planning:
(i)
to provide for Māori interests through—
(i)
Māori participation in the development of national instruments, spatial planning, and land use plans; and
(ii)
the identification and protection of sites of significance to Māori (including wāhi tapu, water bodies, or sites in or on the coastal marine area); and
(iii)
enabling the development and protection of identified Māori land.
(2)
In subsection (1)(g), identified means identified in a national instrument, plan, or proposed plan.
12 Relationship between key instruments in decision-making
(1)
The hierarchy of the key instruments of this Act is as follows, listed from top to bottom:
(a)
national policy direction:
(b)
national standards:
(c)
spatial plans:
(d)
land use plans.
(2)
Each key instrument (other than the national policy direction)—
(a)
must implement the instrument listed directly above it; and
(b)
must implement an instrument higher up the list if required by that instrument.
(3)
A person exercising or performing a function, duty, or power under this Act in relation to a matter—
(a)
must consider the relevant provisions of the key instrument that directly affects the matter (for example, a spatial plan in the case of a land use plan or a land use plan in the case of a consent); and
(b)
must consider any relevant provisions of a higher order instrument, if, and only to the extent that, the matter is not addressed by the instrument listed beneath it; and
(c)
must not consider a goal directly unless and to the extent that—
(i)
the subject matter of the goal is not addressed in a higher order instrument or, if applicable, the goal is not particularised in a higher order instrument; or
(ii)
there is uncertainty within a higher order instrument in relation to the goal; or
(iii)
there is conflict between higher order instruments in relation to the goal.
(4)
If a provision of this Act expressly allows or requires a person to consider the goals, the person—
(a)
must, in complying with subsection (3)(a) and (b), consider the goals as they have been addressed or particularised in higher order instruments; and
(b)
is still required to comply with subsection (3)(c).
(5)
Subsections (3) and (4) do not apply to the making of national policy direction.
(6)
This section is subject to any provision of this Act that expressly provides otherwise.
(7)
In this section, a higher order instrument means any key instrument that is listed above the instrument that directly affects the matter.
13 Procedural principles
A person exercising or performing a function, duty, or power under this Act must take all practicable steps to—
(a)
ensure all documents are succinct and use plain language that can be readily understood by the public:
(b)
act in a timely and cost-effective manner:
(c)
act proportionately to the scale and significance of the matter:
(d)
ensure they have enough information to understand the implications of their decision (if any), after considering—
(i)
the cost and feasibility of obtaining the information; and
(ii)
the scale and significance of the matter to which the decision relates:
(e)
act in an enabling manner (for example, by being solution-focused) that is consistent with the principles in paragraphs (a) to (d) and section 12:
(f)
avoid unnecessary repetition in key instruments.
14 Effects outside the scope of this Act
(1)
A person exercising or performing a function, duty, or power under this Act who is considering the effects of an activity must disregard—
(a)
the internal and external layout of buildings on a site (for example, the provision of private open space):
(b)
negative effects of development on trade competitors, including on competing providers of input goods and services:
(c)
retail distribution effects:
(d)
the demand for or financial viability of a project unless it is a matter to which section 11(1)(b) or (d) relates:
(e)
the visual amenity of a use, development, or building in relation to its character, appearance, aesthetic qualities, or other physical feature:
(f)
the following matters:
(i)
the type of residential use; and
(ii)
the social and economic status of future residents of a new development:
(g)
views from private property:
(h)
the effect on landscape:
(i)
the effect of setting a precedent:
(j)
any matter where the land use effects of an activity are dealt with under other legislation.
(2)
This section does not restrict the management of—
(a)
areas of high natural character within the coastal environment, wetlands, lakes, rives, and their margins:
(b)
outstanding natural landscapes and features:
(c)
sites of significant historic heritage:
(d)
sites of significance to Māori:
(e)
the effects of natural hazards.
15 Considering adverse effects of activities
(1)
A person exercising or performing a function, duty, or power under this Act who is considering the effects of an activity—
(a)
must consider how—
(i)
adverse effects are to be avoided, minimised, or remedied, where practicable; or
(ii)
adverse effects are to be offset or compensated for, where appropriate; and
(b)
must not consider a less than minor adverse effect unless the cumulative effect of 2 or more such effects create effects that are greater than less than minor.
(2)
A national instrument may specify—
(a)
how, and in what order, adverse effects are to be avoided, minimised, or remedied, offset, or compensated; and
(b)
when it is practicable for adverse effects to be avoided, minimised, or remedied; and
(c)
when it is appropriate for adverse effects to be offset or compensated; and
(d)
where specific effects are managed under this Act and under the Natural Environment Act 2025.
(3)
The order in which an approach to managing effects appears in this section does not assign an order of importance to how effects are managed.
(4)
In this section, a less than minor adverse effect means an adverse effect that is acceptable and reasonable in the receiving environment with any change being slight or barely noticeable.
Subpart 2—Duties and restrictions
Restrictions on land use and subdivision
16 Overview of references to rules
(1)
In this subpart, a reference to—
(a)
a national rule means a national rule that has commenced (see section 26 of the Legislation Act 2019 which provides that secondary legislation comes into force on the date stated or provided for in the legislation):
(b)
a rule in a plan means a rule in a land use plan that is operative (see the definitions of land use plan and operative in section 3):
(c)
a rule in a proposed plan that has legal effect means a rule in a proposed land use plan that has legal effect in accordance with clause 58 of Schedule 3 (see the definitions of proposed land use plan and legal effect in section 3).
(2)
This section is only a guide.
17 Restrictions on land use
(1)
A person must not use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect unless—
(a)
the use is expressly allowed by a planning consent; or
(b)
the use is expressly allowed by a water services standard; or
(c)
the use is allowed by section 20, 22, or 23; or
(d)
the use is allowed by clause 4(1)(a) or (b) of Schedule 5 (which relates to uses authorised by a designation).
(2)
A person must not use land in a manner that contravenes clause 4(1)(c) or 5 of Schedule 5 (which relates to activities that would prevent or hinder a designation or proposed designation).
(3)
This section applies to overflying by aircraft only to the extent to that noise emission controls for airports are prescribed by a national rule or rule in a plan.
Compare: 1991 No 69 s 9(1), (3)–(5)
18 Restrictions on subdivision
(1)
A person may subdivide land only if—
(a)
the subdivision is shown on an authorised survey plan; and
(b)
either—
(i)
the subdivision does not contravene a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect; or
(ii)
the subdivision is expressly allowed by a planning consent.
(2)
In this section, an authorised survey plan means any of the following:
(a)
a survey plan of a subdivision prepared in a form suitable to deposit under the Land Transfer Act 2017 and deposited by the Registrar-General under clause 23 of Schedule 7:
(b)
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 Surveyor-General in accordance with clause 23 of Schedule 7:
(c)
a survey plan that includes a unit plan and a survey data set giving effect to the grant of a cross-lease or company lease.
(3)
This section does not apply to Māori land unless Te Ture Whenua Maori Act 1993 provides otherwise.
Compare: 1991 No 69 s 11; 2017 No 15 s 127; 2023 No 46 s 22
19 Subdivision authorised by certain other Acts not restricted
Section 18 does not apply to a subdivision that is given effect to by—
(a)
the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that each existing separate parcel of land disposed of under that Act must be disposed of without further division, unless otherwise provided for by that Act); or
(b)
the establishment of, a change to, or a cancellation of a reserve under section 338 of Te Ture Whenua Maori Act 1993; or
(c)
a transfer under section 23 or a resumption under section 27D of the State-Owned Enterprises Act 1986; or
(d)
a vesting, transfer, or gift of land—
(i)
in or to the Crown or any local authority or administering body (as defined in section 2(1) of the Reserves Act 1977) 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); or
(e)
an exemption under section 25A of the New Zealand Railways Corporation Restructuring Act 1990; or
(f)
a transfer or gift of 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; or
(g)
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); or
(h)
an exemption for boundary adjustments under section 10 of the Canterbury Property Boundaries and Related Matters Act 2016.
Compare: 1991 No 69 s 11; 2023 No 46 s 22
Existing uses
20 Certain existing land uses allowed
(1)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect if,—
(a)
before the rule came into force, the use—
(i)
was a permitted activity or otherwise could have been lawfully carried out without a planning consent; and
(ii)
was lawfully established; and
(b)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the rule came into force.
(2)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect if—
(a)
the use was lawfully established by way of a designation; and
(b)
the designation has since been removed; and
(c)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the designation was removed.
(3)
Subsections (1) and (2) do not apply to a use of land if—
(a)
the use has been discontinued for a continuous period of more than 12 months at any time after the rule came into force unless an extension granted under section 21 applies; or
(b)
any reconstruction, alteration, or extension of or to any building increases the extent to which the use contravenes the rule; or
(c)
the use is of the surface of water in a lake or river.
(4)
To avoid doubt, this section does not apply to a use of land that is controlled or restricted under section 18 or 19 of the Natural Environment Act 2025.
(5)
In this section, came into force,—
(a)
in relation to a national rule, means the rule commenced; and
(b)
in relation to a rule in a plan, means the rule became operative; and
(c)
in relation to a rule in a proposed plan, means the rule had legal effect.
Compare: 1991 No 69 ss 10, 43B(9)
21 Extensions where existing land use discontinued
(1)
This section applies if a person seeks an extension to continue to use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect, despite the use being discontinued for a continuous period of more than 12 months.
(2)
The person may, no later than 2 years after the date that the use of land is first discontinued, apply to the territorial authority for an extension.
(3)
The territorial authority may grant an extension if satisfied that—
(a)
the extension will not be contrary to the objectives and policies of the land use plan; and
(b)
the applicant has obtained approval from every person who may be adversely affected by the extension, unless the territorial authority considers it is unreasonable in the circumstances to require any person’s approval.
(4)
The person has a right of objection to the Planning Tribunal if a territorial authority refuses an extension.
Compare: 1991 No 69 ss 10(2)(b), 43B(9)
22 Certain existing building works allowed
(1)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect, if—
(a)
the use is a building work or an intended use of a building; and
(b)
a building consent was issued for the building work or intended use (and any amendments incorporated into that building consent) in accordance with the Building Act 2004 before the rule came into force; and
(c)
at the time the building consent was issued (and any amendments incorporated into that building consent), the building work or intended use as stated in that building consent—
(i)
did not contravene a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect; or
(ii)
otherwise could have been carried out without a planning consent for another reason.
(2)
However, subsection (1) does not apply if,—
(a)
after the rule came into force, the building consent is amended so that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or
(b)
the building consent has lapsed or is cancelled; or
(c)
a code compliance certificate for the building work is not issued in accordance with the Building Act 2004 within—
(i)
2 years after the rule came into force; or
(ii)
any further period that territorial authority may allow after it is satisfied that reasonable progress has been made towards completing the building work during those 2 years.
(3)
For the purpose of subsection (2)(b), the issuing in accordance with the Building Act 2004 of a code compliance certificate for the building work must not be treated as cancelling the building consent.
(4)
In this section,—
building has the meaning given in sections 8 and 9 of the Building Act 2004
building work has the meaning given in section 7 of the Building Act 2004
came into force has the meaning given in section 20(5)
intended use, in relation to a building, has the meaning given in section 7 of the Building Act 2004.
Compare: 1991 No 69 ss 10B, 43B(9)
23 Certain existing uses of surface water protected until planning consent obtained
(1)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect if—
(a)
the use is of the surface of water in a lake or river; and
(b)
before the rule came into force, the use—
(i)
was a permitted activity or otherwise could have been lawfully carried out without a planning consent; and
(ii)
was lawfully established; and
(c)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the rule came into force; and
(d)
the person carrying out the activity applies to a territorial authority for a planning consent no later than 6 months after the following date (as applicable):
(i)
the date that national rule commenced:
(ii)
the date that rule in the plan or proposed plan become operative.
(2)
A person may continue to use land in accordance with subsection (1) until their application for a planning consent is decided and any appeals have been determined.
(3)
In this section, came into force has the meaning given in section 20(5).
Compare: 1991 No 69 ss 10A, 43B(9)
General duties
24 Duty to avoid unreasonable noise
(1)
A person who does any of the following activities must adopt the best practicable option to ensure that any emission of noise from the activity does not exceed a reasonable level:
(a)
occupy land (including any premises and any coastal marine area):
(b)
an activity in, on, or under a water body or the coastal marine area.
(2)
This section does not prevent—
(a)
a national rule or rule in a plan from setting controls on the emission of noise; or
(b)
a planning consent from including a condition relating to the emission of noise.
Compare: 1991 No 69 s 16
25 Duty to avoid, minimise, or remedy adverse effects
(1)
A person has a duty to avoid, minimise, or remedy any adverse effect on the built environment arising from an activity carried out by or on behalf of the person.
(2)
The duty described in subsection (1)—
(a)
applies whether or not the activity is carried out in accordance with—
(i)
a national rule, a rule in a plan, a rule in a proposed plan that has legal effect, a planning consent, or a designation; or
(ii)
any of sections 21 to 23; and
(b)
is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
(3)
Despite subsection (2)(b), an enforcement order or abatement notice may be made or served under subpart 1 of Part 6 to—
(a)
require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the built environment; or
(b)
require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary to avoid, minimise, or remedy any actual or likely adverse effect on the built environment caused by, or on behalf of, that person.
(4)
Subsection (3) is subject to section 237(3) (which specifies when an Environment Court must not make an enforcement order).
Compare: 1991 No 69 s 17; 2023 No 46 s 18
Other legal requirements not affected
26 Other legal requirements not affected
(1)
Compliance with this Act does not remove the need to comply with all other legislation and rules of law.
(2)
The duties and restrictions described in this subpart are only enforceable against a person 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)
This section not limit or affect a right of action that a person may have independently of the provisions of this Act.
Compare: 1991 No 69 s 23
Subpart 3—Key instruments
27 Purposes of key instruments
(1)
The following overview sets out the purpose of each key instrument as provided by the relevant section of this Act.
Overview of purposes of key instruments |
|
The purpose of national policy direction (as provided by section 54) is to do 1 or both of the following: (a)particularise the goals and direct how they must be achieved: (b)help resolve conflicts between the goals in section 11 of this Act and the goals in section 11 of the Natural Environment Act 2025. |
|
The purpose of national standards (as provided by section 59) is to do 1 ore more of the following: (a)implement national policy direction: (b)provide procedural and administrative consistency: (c)provide regulatory consistency: (d)provide specific direction on how a goal is to be achieved in relation to a matter that is not covered by a national policy direction. |
|
The purpose of regional spatial plans (as provided by section 67) is to— (a)set the strategic direction for development and public investment priorities in a region for a time span of not less than 30 years; and (b)enable integration at the strategic level of decision-making under this Act and the Natural Environment Act 2025; and (c)implement national instruments made under this Act and the Natural Environment Act 2025 in a way that provides for use and development within environmental limits; and (d)support a co-ordinated approach to infrastructure funding and investment by central government, local authorities, and other infrastructure providers; and (e)promote integration of development planning with infrastructure planning and investment. |
|
The purpose of the preparation, implementation, and administration of land use plans (as provided by section 75) is to— (a)enable and regulate the use and development of land within a district (including subdivision and activities on the surface of water bodies); and (b)assist territorial authorities in carrying out their functions and responsibilities under this Act. |
|
The purpose of regional combined plans (as provided by section 63) is to support public access to plans developed by local authorities within a region. |
(2)
In the event of any inconsistency between how the purpose of a key instrument is set out in the overview and how it is provided for in the relevant section, the relevant section prevails.
Provisions of key instruments
28 Objectives, policies, rules, and methods
(1)
An objective of a key instrument means an outcome that the instrument seeks to achieve.
(2)
A policy of a key instrument means a course of action to implement the instrument’s objectives.
(3)
A method of a key instrument means a provision (other than a rule) that implements the instrument’s objectives and policies.
(4)
The key instruments that may contain rules are national standards and land use plans.
Compare: 1991 No 69 ss 75(1), (2), (5), 76(4)
29 Application of objectives, policies, rules, and methods
(1)
An objective, policy, rule, or method of a key instrument may—
(a)
may apply thoughout all or part of—
(i)
a district, in the case of a land use plan; or
(ii)
a region, in the case of a regional spatial plan; or
(iii)
New Zealand, in the case of a national instrument:
(b)
apply all of the time or for specified periods.
(2)
A rule may apply to—
(a)
a specified activity; or
(b)
a class of activities (for example, all activities with a particular activity classification).
Compare: 1991 No 69 s 76(4)
30 Meaning of rule
(1)
A rule means a provision of a key instrument that does any of the following:
(a)
classifies an activity as a permitted, restricted discretionary, discretionary, or prohibited activity:
(b)
specifies conditions for carrying out a permitted activity (permitted activity rules):
(c)
specifies conditions for carrying out a restricted discretionary or discretionary activity:
(d)
reserves matters of discretion in relation to a restricted discretionary activity:
(e)
specifies requirements for information to be included in an application for a planning consent:
(f)
specifies whether an application for a planning consent for an activity must be notified or precluded from being notified for public or targeted submissions.
(2)
A provision of a land use plan is also a rule if it—
(a)
modifies requirements for esplanade reserves or esplanade strips in accordance with section 84; or
(b)
specifies requirements for when future provisions apply (see section 94(a)).
Compare: 1991 No 69 ss 76, 77, 77A, 77D
Classification of activities
31 Principles for classifying activities
When exercising or performing a function, duty, or power under this Act, a person must be guided by the following principles:
(a)
an activity should be classified as a permitted activity if—
(i)
the activity is acceptable, is anticipated, or achieves the desired level of use and development; or
(ii)
any adverse effects of the activity are known and can be managed; or
(iii)
a specific assessment of the activity or part of the activity is not required:
(b)
an activity should be classified as a restricted discretionary activity if—
(i)
the activity is acceptable, is anticipated, or achieves the desired level of use and development but 1 or more of the effects of the activity requires a specific assessment; and
(ii)
the range of potential effects of the activity are known and can be appropriately managed through consent conditions:
(c)
an activity should be classified as a discretionary activity if—
(i)
the nature and type of activity requires an assessment of all the effects of the activity; or
(ii)
the adverse effects of the activity are unknown or uncertain; or
(ii)
the activity is inconsistent with the regional spatial plan; or
(iii)
the activity is not anticipated and may be inappropriate:
(d)
an activity should be classified as a prohibited activity if the activity will have an unacceptably high level of adverse effects that cannot be managed by consent conditions.
32 Consequences of permitted, restricted discretionary, or restricted discretionary activity classification
(1)
This section applies to an activity classified in—
(i)
a national rule:
(ii)
a rule in a land use plan:
(iii)
a rule in a proposed land use plan that has legal effect:
(iv)
regulations; and
(v)
a water services standard.
(2)
If the activity is classified as a permitted activity,—
(a)
the activity does not require a land use consent; but
(b)
the activity must comply with any requirements—
(i)
in a permitted activity rule; and
(ii)
in each instrument listed in subsection (1).
(3)
If the activity is classified as a restricted discretionary activity,—
(a)
the activity requires a planning consent; and
(b)
the territorial authority’s power to grant the consent and impose conditions, or to decline the consent, is restricted to the matters over which discretion is reserved and specified in a land use plan, proposed land use plan, or national rule; and
(c)
the activity must comply with any conditions in the consent.
(4)
If the activity is classified as a discretionary activity,—
(a)
the activity requires a planning consent; and
(b)
a territorial authority may grant the consent with or without conditions or decline the consent; and
(c)
the activity must comply with any conditions in the consent.
Compare: 1991 No 69 s 87A
33 Consequence of prohibited activity classification
If an activity is classified in a national rule or rule in a plan as a prohibited activity,—
(a)
no application for planning consent may be made for the activity; and
(b)
a territorial authority must not grant a planning consent for the activity.
Compare: 1991 No 69 s 87A(6)
34 Specified prohibited activities
(1)
The following activities are prohibited activities:
(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.
(2)
Subsection (1)(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(2)–(4)
35 Activities that must be treated as discretionary activities
An application for a planning consent for an activity must be treated as an application for a discretionary activity if—
(a)
a plan requires a planning consent for the activity but does not classify the activity; or
(b)
a rule in a proposed plan classifies the activity as a prohibited activity and the rule has not become operative.
Compare: 1991 No 69 s 87B(1)
36 Rules relating to restricted discretionary activities
If a national rule or rule in a plan classifies an activity as a restricted discretionary activity—
(a)
the rule must specify the matters over which discretion is reserved; and
(b)
the rule may specify conditions for the activity only in relation to a matter described in section 151 or Part 1 of Schedule 7.
Compare: 1991 No 69 ss 77A(1)(c), 77B(3), (4)
37 Rules relating to discretionary activities
A national rule or rule in a plan that specifies a condition for a discretionary activity must relate to a matter described in section 151 or Part 1 of Schedule 7.
Compare: 1991 No 69 ss 77A(1)(c)
Permitted activity rules
38 Permitted activity rules
(1)
A permitted activity rule must—
(a)
require an activity to be registered; or
(b)
relate to a matter described in section 151 or Part 1 of Schedule 7.
(2)
A permitted activity rule referred to in subsection (1)(a) must provide that an activity is a permitted activity only if—
(a)
the activity is registered with the territorial authority (see section 180); and
(b)
the person carrying out the activity does 1 or more of the following:
(i)
obtains the written approval of all persons who may be directly affected by the activity:
(ii)
obtains a certificate from a qualified person that the activity complies, or would comply, with any specified requirement:
(iii)
pays a fee fixed in accordance with section 192:
(iv)
complies with any other requirement relating to a matter described in section 151 or Part 1 of Schedule 7.
(3)
A permitted activity rule referred to in subsection (1)(a) may specify requirements for the information that must be included in the notice required by section 180.
(4)
An approval described in subsection (2)(b)(i) is valid for 3 years from the date it is given, unless withdrawn in writing by the person who gave it.
Compare: 1991 No 69 s 77A(1)(c)
Relationship between national rule and other instruments
39 How instruments are more restrictive or enabling than national rule
(1)
This section applies for the purpose of sections 40 to 43.
(2)
An instrument is more restrictive than a national rule if it does 1 or more of the following:
(a)
classify an activity more restrictively than the national rule:
(b)
impose conditions on an activity that the national rule does not impose or authorise:
(c)
prohibit or restrict an activity that the national rule permits or authorises.
(3)
An instrument is more enabling than a national rule if it permits or authorises an activity that the national rule prohibits or restricts.
(4)
In this section, an instrument means a rule in a plan, rule in a proposed plan that has legal effect, a planning consent, a designation, a construction project plan, or a bylaw.
Compare: 1991 No 69 s 43B(2), (4)
40 Relationship between national rules and plan rules
(1)
A rule in a plan or a rule in a proposed plan that has legal effect that is more restrictive than a national rule prevails over the national rule if the national rule expressly allows a rule in a plan or proposed plan to be more restrictive than it.
(2)
A rule in a plan or a rule in a proposed plan that has legal effect that is more enabling than a national rule prevails over the national rule if the national rule expressly allows a rule in a plan or proposed plan to be more enabling than it.
Compare: 1991 No 69 s 43B(1), (3)
41 Relationship between national rules and planning consents
(1)
A planning consent that is more restrictive than a national rule prevails over the rule if the rule expressly allows a planning consent to be more restrictive than it.
(2)
A planning consent that is more enabling than a national rule prevails over the rule if the rule expressly allows the planning consent to be more enabling than it.
(3)
A planning consent prevails over a national rule if—
(a)
the consent application was the subject of a decision on whether to notify the consent before the date on which the national rule commenced; and
(b)
the national rule does not expressly provide otherwise.
Compare: 1991 No 69 s 43B
42 Relationship between national rules and designations
(1)
A designation or a construction project plan may be more enabling than a national rule—
(a)
if the rule expressly allows the designation or construction project plan to be more enabling than it; and
(b)
in which case, this subsection prevails over the other provisions of this section.
(2)
A designation that exists when a national rule is made—
(a)
does not prevail over a national rule that relates to contaminated land; but
(b)
prevails over any other national rule until the earlier of the following:
(i)
the designation lapses:
(ii)
the designation is altered under clause 45, 46, or 47 of Schedule 5 by the alteration of conditions in it to which the national rule is relevant.
(3)
If the conditions of a designation are altered as described in subsection (2)(b)(ii), the national rule—
(a)
applies to the altered conditions; and
(b)
does not apply to the unaltered conditions.
(4)
A national rule prevails over a designation that requires a construction project plan if, when the national rule is made,—
(a)
the designation exists; and
(b)
no construction project plan for the designation has been confirmed in accordance with clause 39 of Schedule 5.
(5)
A use is not required to comply with a national 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 national 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 national rule if the work has come under the designation through the following sequence of events:
(a)
the work is made; and
(b)
the national 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
43 Relationship between national rules and bylaws
(1)
A bylaw prevails over a national rule if it is more restrictive than the rule and the rule expressly allows the bylaw to be more restrictive than it.
(2)
A bylaw may be more enabling than a national rule if the rule expressly allows a bylaw to be more enabling than it.
(3)
In this section, bylaw means a bylaw made under any enactment.
Compare: 1991 No 69 s 43E
Subpart 4—National instruments
National instruments
44 Role and application of national instruments
(1)
The role of national policy direction and national standards (national instruments) is to provide centralised direction to the planning system—
(a)
on matters relating to planning policy and regulation, including by standardising approaches to how activities are enabled and their effects regulated; and
(b)
on local government processes and procedures under this Act relating to the operation and administration of the planning system.
(2)
National instruments may apply to all of New Zealand or to any specified district, region, or part of New Zealand.
45 Matters to consider when making national instrument
(1)
This section applies to the Minister when making a national instrument.
(2)
The Minister must have regard to the following principles:
(a)
achieving compatibility between the goals is to be preferred over achieving one goal at the expense of another:
(b)
not all goals need to be achieved in all places at all times:
(c)
any conflicts within the proposed national instrument should be resolved in that document as far as reasonably practicable.
(3)
The Minister must consider all submissions received as a result of the process established under section 46.
(4)
The Minister’s consideration of any adverse effects—
(a)
must be appropriate to the nature of the proposed national instrument; and
(b)
is subject to sections 14 and 15(1).
(5)
If the proposed national instrument contains new content, the Minister must consider all existing national instruments for the purpose of ensuring there is a coherent set of national instruments.
(6)
The Minister must also consider—
(a)
how the proposed national instrument will be monitored and reviewed; and
(b)
any other matter the Minister considers relevant.
46 Process for making national instrument
(1)
Before the Minister publicly notifies a national instrument, the Minister must—
(a)
provide iwi authorities with a draft of the proposed national instrument or a summary of it; and
(b)
give iwi authorities what the Minister considers to be adequate time and opportunity to consider the document and provide advice on it; and
(c)
have regard to any advice received from iwi authorities on the document.
(2)
If after having complied with subsection (1), the Minister proposes to issue a national instrument, the Minister must establish and follow a process that includes the following steps:
(a)
the public and iwi authorities must be given notice of—
(i)
the proposed national instrument (the proposal); and
(ii)
the purpose of the national instrument in terms of section 53 or 59; and
(iii)
how the proposal achieves the goals; and
(iv)
any report prepared under section 55; and
(v)
a summary of the reasons for the proposal; and
(b)
those notified must be given what the Minister considers to be adequate time and opportunity to make submissions on the subject matter of the proposal; and
(c)
a report and recommendations must be made by the chief executive to the Minister on the submissions and the subject matter of the proposal.
(3)
The Minister may, at any time, consult on the proposal with any person who may have an interest in it.
(4)
The Minister may—
(a)
establish technical advisory groups to advise the Minister on—
(i)
any matter the Minister considers is relevant to the proposal; and
(ii)
in accordance with any terms of reference specified by the Minister; and
(b)
consider their advice.
(5)
When preparing the report and recommendations required by subsection (2)(c), the chief executive must consider—
(a)
any matter that the Minister must consider, have regard to, or be satisfied of before making the national instrument; and
(b)
whether the proposal provides for 1 or more goals; and
(c)
any advice received from a technical advisory group established under this section; and
(d)
any advice received from iwi authorities.
(6)
The Minister must consult the Minister of Conservation on any proposal that relates to the coastal marine area.
(7)
The time given for advice under subsection (1)(b) or submissions under subsection (2)(b) must not be less than 20 working days.
Compare: 46A
47 Territorial authority and spatial plan committee must implement national instrument
(1)
A local authority and a spatial plan committee must—
(a)
comply with the directions of a national instrument; and
(b)
implement its provisions in the manner specified the instrument.
(2)
A national instrument may direct—
(a)
how land use is managed:
(b)
how territorial authorities make decisions:
(c)
how territorial authorities undertake processes and methodologies:
(d)
the conditions that must be used for different activities:
(e)
the structure and form of regional spatial plans or land use plans:
(f)
the content of and types of plan provisions (see section 48).
(3)
A national instrument may—
(a)
direct that specific provisions be included in regional spatial plans or land use plans:
(b)
direct territorial authorities or spatial plan committees to choose from a number of specific provisions to be included in plans either completely or in part.
(4)
If a provision in a national instrument necessitates a change to a plan, unless the national instrument specifies otherwise,—
(a)
a local authority must use a process in Schedule 3 to amend its plan; and
(b)
a spatial plan committee must use the process in subpart 1 of Part 3 to amend the spatial plan unless the national instrument specifies otherwise.
(5)
A national instrument may direct a territorial authority or spatial plan committee to amend its plan without using the process in Schedule 3 or subpart 1 of Part 3 only if—
(a)
the content of the amendment is set out in the national instrument itself; or
(b)
the purpose of the amendment is to make the plan consistent with any restriction in that national instrument or another national instrument.
(6)
A territorial authority or a spatial plan committee must—
(a)
make the amendments authorised under subsection (5) as soon as practicable within the time, if any, specified in the national instrument; and
(b)
give public notice of the amendments within 5 working days after making them.
Compare: 2023 No 46 s 133
48 National instrument may direct plan provisions in land use plans
(1)
A national instrument may contain direction relating to the inclusion of plan provisions in a land use plan or proposed land use plan. A direction—
(a)
may require or authorise a territorial authority to include a plan provision contained in the national instrument itself; or
(b)
may authorise a territorial authority to include a plan provision prepared by the territorial authority.
(2)
For the purpose of subsection (1)(a), a national instrument may—
(a)
contain a plan provision—
(i)
that the territorial authority must include in its land use plan; and
(ii)
in relation to which the territorial authority has no discretion to determine its spatial application; or
(b)
contain a plan provision in relation to which the territorial authority may do 1 or more of the following:
(i)
determine the spatial application of the provision:
(ii)
select the provision from 2 or more alternatives set out in the national instrument:
(iii)
determine any content specified by the national instrument but only from within parameters set out in that instrument:
(iv)
choose not to include the provision.
(3)
A national instrument may include substantive or procedural requirements about how a territorial authority may include a plan provision required or authorised under this section.
(4)
See section 79 (which provides that a territorial authority must not amend a standardised provision).
49 Withdrawal of proposed national instrument
(1)
The Minister may withdraw all or part of a proposed national instrument at any time before it is approved under section 50.
(2)
The Minister must give public notice of the withdrawal and include reasons for the withdrawal.
Compare: 1991 No 69 s 51A
50 Approval of national instrument
(1)
The Governor-General in Council may, on the recommendation of the Minister, approve a national instrument.
(2)
Before recommending that a national instrument be approved after having complied with section 46, the Minister must—
(a)
first, must consider the report and any recommendations made under section 46; and
(b)
secondly, may—
(i)
make any changes, or no changes, to the proposed national instrument as the Minister thinks fit; or
(ii)
withdraw all or part of the proposed national instrument and give public notice of the withdrawal, including the reasons for the withdrawal.
(3)
Before recommending a national instrument that makes an amendment under section 62 be approved, the Minister must consider whether it is more appropriate to comply with section 46 to make the amendment.
(4)
After the national instrument is approved,—
(a)
the Minister must issue the national instrument by publishing it in accordance with subsection (5); and
(b)
the Minister must notify every territorial authority and the public that the following documents are available and how they can be accessed:
(i)
the chief executive’s report and a summary of their recommendations; and
(ii)
a summary of Minister’s decision on the recommendations (including reasons for not adopting any recommendations); but
(c)
in the case of a national instrument that makes an amendment under section 62, paragraph (b) does not apply and the Minister must instead publish their reasons for the amendment on the appropriate internet site.
(5)
The national instrument must be published on the appropriate internet site despite section 69(1)(c) and (d) of the Legislation Act 2019, unless the Attorney-General directs otherwise.
(6)
A national instrument is secondary legislation that is not required to be drafted by the Parliamentary Counsel Office.
Compare:
51 Incorporation of material by reference in national instrument
(1)
Material may be incorporated by reference into a national instrument in accordance with section 64 of the Legislation Act 2019, but clause 1 of Schedule 2 of that Act (which is about consultation) does not apply.
(2)
Subsection (4) applies if—
(a)
a national instrument incorporates material by reference; and
(b)
the material is amended (within the meaning of section 66(3) of the Legislation Act 2019) by the originator of the material after the national instrument is made.
(3)
However, subsection (4) does not apply if the national instrument expressly states that it does not apply.
(4)
Despite section 66(2) of the Legislation Act 2019, the amendments referred to in subsection (2)(b) have effect as part of the national instrument only if the Minister publishes a notice that—
(a)
states that the amendments have effect as part of the national instrument; and
(b)
specifies the date on which the amendments have effect.
(5)
A notice under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
52 National instrument may provide for transitional matters
A national instrument may include transitional provisions for any matter, including its effect on existing matters or proceedings.
National policy direction
53 National policy direction
There must always be national policy direction.
54 Purpose of national policy direction
(1)
The purpose of national policy direction is to do 1 or both of the following:
(a)
to particularise the goals and direct how they must be achieved:
(b)
to help resolve conflicts between the goals in section 11 of this Act and the goals in section 11 of the Natural Environment Act 2025.
(2)
The purpose in subsection (1)(a) is the primary purpose of national policy direction.
(3)
National policy direction for the purpose in subsection (1)(b) may be made under either Act.
(4)
Before making national policy direction, Minister must be satisfied that the proposed national policy direction achieves its purpose.
55 Content of national policy direction
(1)
National policy direction—
(a)
must give direction on matters of policy; and
(b)
may state objectives, policies, or directives that apply to key instruments specified in the direction.
(2)
National policy direction may—
(a)
direct the outcomes that a plan must achieve or provide for:
(b)
direct the content of plans, including by constraining or limiting plan content:
(c)
state matters that territorial authorities or spatial planning committees must consider in preparing plans.
(3)
National policy direction may provide for how the direction must or may be implemented.
Compare: 45A
56 National policy direction may restrict how goals may be achieved
(1)
National policy direction may—
(a)
require that compliance with its objectives, policies, directives are the only ways in which a goal may be achieved:
(b)
restrict how a specified key instrument achieves a goal.
(2)
Before making national policy direction under this section, the Minister must be satisfied that—
(a)
the direction does not unreasonably restrict the ability of territorial authorities to undertake their functions and responsibilities to manage land use; and
(b)
the restrictions imposed by the direction in respect of a goal does not unreasonably restrict the achievement of other goals; and
(c)
the direction will not result in severe and irreversible adverse effects to the built environment.
(3)
If the Minister makes national policy direction under this section, the Minister must include, as a part of the process established under section 46, a report stating why they consider the requirements of subsection (2) are met.
57 National policy direction to resolve conflicts between goals in both Acts
(1)
If the purpose of a proposed national policy direction is to help resolve conflicts between the goals in section 11 and the goals in section 11 of the Natural Environment Act 2025,—
(a)
the Minister may consider any or all of the goals of either Act; and
(b)
the Minister must consider—
(i)
whether the proposal enables development to occur within environmental limits; and
(ii)
the current and long term impact of the proposal on the built environment.
(2)
In this section, long term impact means an impact spanning 2 or more human generations.
National standards
58 National standards required for specified content
There must always be national standards—
(a)
providing direction on the evidence base supporting combined plans; and
(b)
on the establishment of standardised plan provisions.
59 Purpose of national standards
(1)
The purpose of national standards is to do 1 or more of the following:
(a)
to implement national policy direction:
(b)
to provide procedural or administrative consistency:
(c)
to provide regulatory consistency:
(d)
to provide specific direction on how a goal is to be achieved in relation to a matter that is not covered by a national policy direction.
(2)
Before making national standards, the Minister must be satisfied that the proposed national standard achieves its purpose.
(3)
In this section, regulatory consistency means consistency in how an activity or its effects is regulated nationally or within or across districts, regions, or any specified area.
60 What national standards can do
(1)
National standards may give directions that—
(a)
allow, restrict, or prohibit an activity:
(b)
classify an activity or state how it is be classified:
(c)
specify conditions that must or may be imposed on a planning consent for an activity:
(d)
require as a condition of a planning consent, compliance with requirements specified in the standards or in a plan or proposed plan:
(e)
restrict the making of a rule or the granting of planning consent to matters specified in the standards:
(f)
specify whether an application for a planning consent for an activity must be notified or precluded from being notified for public or targeted submissions:
(g)
specify in relation to a rule made before the commencement of the standards,—
(i)
the extent to which any matter to which the standard applies continues to have effect; or
(ii)
the time period during which any matter to which the standard applies continues to have effect.
(2)
National standards may give directions for the preparation of land use plans, including directions relating to—
(a)
standard processes and methodologies:
(b)
objectives and policies that plans must implement:
(c)
objectives, policies, and rules (including for the purpose of zones and overlays) that plans must include:
(d)
other content that must be included in plans (for example, definitions).
(3)
National standards may include requirements relating to—
(a)
the structure and form of a plan:
(b)
electronic accessibility and functionality of a plan:
(c)
processes, methodologies, or implementation:
(d)
measuring, monitoring, and reporting:
(e)
records that must be kept and how they must be kept:
(f)
any other matter for the purpose of a national standards or implementation of national standards.
(4)
If conditions in a plan deal with effects of an activity that are the same as those dealt with in the conditions specified in a national standard, the conditions in the standard prevail.
(5)
National standards may empower territorial authorities to charge for monitoring any specified permitted activities in the standard.
Compare: 1991 No 69 ss 43A, 45A, 58C
61 National rules must be clearly identified
(1)
A national standard that is a national rule must be clearly identified as such by the standard.
(2)
A national rule may (but does not have to) be included in a land use plan.
Compare: 1991 No 69 ss 76, 77, 77A, 77D
62 Amendments to national standards without full process
(1)
The Minister may amend a national standard without complying with section 70 if the amendment is needed for 1 of the following reasons:
(a)
to align with a New Zealand Standard within the meaning of section 4 of the Standards and Accreditation Act 2015:
(b)
to implement New Zealand’s obligations under any international convention, protocol, or agreement to which New Zealand is a party:
(c)
to give effect to a national adaptation plan:
(d)
to extend the time frame for implementation of any part of a national standard:
(e)
to remove provisions in a national standard that are no longer required as a consequence of changes to legislation:
(f)
to make changes that are no more than minor in effect, to correct errors, or to make similar technical alterations.
(2)
Section 69 does not apply to amendments made under this section.
(3)
See section 74 which provides for how amendments under this section are approved.
Compare: 1991 No 69 s 44(3), (4)
Part 3 Combined plan
63 Regional combined plan
(1)
There must be a combined plan for each region at all times.
(2)
The purpose of the combined plan is to support public access to plans developed by local authorities within a region.
(3)
A combined plan consists of—
(a)
the regional spatial plan for the region (see subpart 1 of this Part); and
(b)
the natural environment plan for the region (see subpart 1 of Part 3 of the Natural Environment Act 2025); and
(c)
a land use plan for each district within the boundaries of the region (see subpart 2 of this Part).
Publication requirements
(4)
A regional council must publish the combined plan in an electronically accessible format on an appropriate internet site that it maintains.
(5)
To enable the regional council to meet the publication requirements specified in subsection (4)—
(a)
each spatial plan committee must provide to the regional council an electronic version of the regional spatial plan for the region; and
(b)
each territorial authority must provide to the regional council an electronic version of the land use plan for its district.
(6)
A spatial plan committee and a territorial authority must provide the plans to the regional council under subsection (5)—
(a)
as soon as reasonably practicable after the plan has been adopted or becomes operative; and
(b)
each time the plan is changed or updated.
(7)
Subsections (4) to (6) do not apply if a national standard specifies different publication requirements for combined plans.
When a plan forms part of a combined plan
(8)
A regional spatial plan, or a provision of that plan, forms part of a combined plan when the regional spatial plan or the provision is adopted.
(9)
A land use plan, or a provision of that plan, forms part of a combined plan when the land use plan or the provision becomes operative.
(10)
A natural environment plan, or a provision of that plan, forms part of a combined plan when the natural environment plan or the provision becomes operative.
Subpart 1—Requirement for regional spatial plans
64 Every region must have regional spatial plan
There must at all times be a regional spatial plan for each region.
Compare: 2023 No 47 s 12
65 Geographical boundaries of regional spatial plan
The boundary of the area where a regional spatial plan applies must align with the boundary of the region to which the plan relates.
Compare: 2023 No 47 s 13
66 Special provision for certain areas
Chatham Islands
(1)
The Chatham Islands Territory is not required to have a regional spatial plan.
(2)
In subsection (1), Chatham Islands Territory means the district constituted by section 5 of the Chatham Islands Council Act 1995.
Offshore islands administered by Minister of Conservation
(3)
A regional spatial plan must not apply to an offshore island that is administered by the Minister of Conservation acting as a local authority.
(4)
This section applies despite any other provision of this Act.
Compare: 2023 No 47 s 14
Purpose of regional spatial plans
67 Purpose of regional spatial plans
A regional spatial plan must—
(a)
set the strategic direction for development and public investment priorities in a region for a time frame of not less than 30 years; and
(b)
enable integration at the strategic level of decision making under this Act and the Natural Environment Act 2025; and
(c)
implement national instruments made under this Act and the Natural Environment Act 2025 in a way that provides for use and development within environmental limits; and
(d)
support a co-ordinated approach to infrastructure funding and investment by central government, local authorities, and other infrastructure providers; and
(e)
promote integration of development planning with infrastructure planning and investment.
Compare: 2023 No 47 s 15
68 How regional spatial plans promote integration
(1)
A regional spatial plan has effect under the following legislation to the extent provided for in that legislation:
Subpart 2 of this Part
(a)
a land use plan under subpart 2 implements the relevant regional spatial plan (see section 80(2)(c)):
(b)
a natural environment plan under the Natural Environment Act 2025 implements the relevant regional spatial plan (see section 97(2)(a)(iii) of that Act):
Land Transport Management Act 2003
(c)
a regional land transport plan under the Land Transport Management Act 2003 (the LTMA) must be consistent with the relevant regional spatial plan (see section 14(a)(iii) of the LTMA):
(d)
the Minister under the LTMA must take into account any relevant regional spatial plan when preparing or reviewing a Government Policy Statement on land transport (see section 67(1)(b)(iii) of the LTMA):
Local Government Act 2002
(e)
a long-term plan under the Local Government Act 2002 (the LGA) must set out steps to implement or progress the actions for which the local authority is a lead under this Part (see clause 26A of Schedule 10 of the LGA).
(2)
This section is a guide only to the general scheme and effect of legislation that provides for the effect of regional spatial plans.
Compare: 2023 No 47 s 4
69 Process agreement for preparation of regional spatial plan
(1)
The local authorities of each region must agree upon the following matters in relation to the preparation of a regional spatial plan:
(a)
the key geographical areas, issues, and opportunities that the draft regional spatial plan will focus on:
(b)
the roles of each local authority in the process, including how the local authorities will work together:
(c)
how the local authorities will work with central government, including relevant agencies and Crown entities:
(d)
how the local authorities will work with other local authorities in adjacent regions:
(e)
how each local authority will ensure that its obligations or agreements under iwi participation legislation or agreements under that legislation, existing joint management agreements, or existing or initiated Mana Whakahono ā Rohe are upheld during the process:
(f)
how the spatial plan committee will consult iwi authorities in the region:
(g)
how the local authorities will work with infrastructure providers, development and sector groups, others with a strong interest in spatial planning, and communities.
(2)
The local authorities must agree upon the matters set out in subsection (1) in a manner consistent with relevant requirements in this Part, Schedule 2, and any relevant national standards or regulations.
(3)
The local authorities must—
(a)
agree the matter set out in subsection (1)(d) with the relevant local authorities of the adjacent regions; and
(b)
set out the matters agreed to under subsection (1) in a document; and
(c)
make that document available to the public.
70 Consultation with iwi
(1)
A spatial plan committee must consult—
(a)
iwi authorities in the region in preparing the draft regional spatial plan; and
(b)
any customary marine title groups in the region on aspects of the draft regional spatial plan that relate to the coastal marine area.
(2)
Consultation under subsection (1) must include—
(a)
prior notification that a draft regional spatial plan is to be prepared; and
(b)
providing the draft regional spatial plan to iwi authorities before public notification of the plan; and
(c)
providing relevant parts of the draft regional spatial plan to customary marine title groups before public notification of the plan; and
(d)
seeking iwi authority and customary marine title group views on the draft or relevant parts of the draft regional spatial plan.
Spatial plan committees
71 Requirement to have spatial plan committee
(1)
The local authorities of each region must work together to provide terms of reference to a committee to perform or exercise the functions, duties, and powers of a spatial plan committee under this Act.
(2)
A spatial plan committee may be—
(a)
appointed in accordance with the Local Government Act 2002; or
(b)
an existing committee established under legislation.
(3)
A spatial plan committee must appoint a chairperson and a secretariat in accordance with regulations.
72 Ministerial appointments to spatial plan committee
(1)
The Minister may appoint—
(a)
1 member to a spatial plan committee; and
(b)
1 or more additional members to that committee, if the local authorities of the region agree to that additional number of members.
(2)
A member of a spatial plan committee appointed by the Minister has the same voting rights as a member appointed by the local authorities of the region, unless the Minister directs in writing at the time of appointment that the member—
(a)
is a non-voting member; or
(b)
may only vote on specified matters.
73 Role of spatial plan committee
The role of a spatial plan committee is to—
(a)
appoint a secretariat (see section 71); and
(b)
prepare a draft regional spatial plan for its region (see clause 9 of Schedule 2); and
(c)
prepare an options assessment report (see clause 9(2)(b) of Schedule 2); and
(d)
consult on the draft regional spatial plan for its region (see sections 69 and 70); and
(e)
recommend the draft regional spatial plan to all local authorities in the region for approval to publicly notify it (see clause 11 of Schedule 2); and
(f)
provide advice to the local authorities in the region on the independent hearings panel’s recommendations on the draft regional spatial plan for its region (see section 18); and
(g)
review and amend the regional spatial plan for its region (see clauses 31 to 35 of Schedule 2); and
(h)
prepare and consult on a co-ordination plan (see clause 36 of Schedule 2); and
(i)
monitor and report on the coordination document (see clauses 37 and 38 of Schedule 2).
Other requirements relating to regional spatial plans
74 Other requirements relating to regional spatial plans
The provisions set out in Schedule 2 have effect according to their terms, relating to the following—
(a)
the content of regional spatial plans:
(b)
the preparation of draft regional spatial plans:
(c)
hearings by independent hearings panels on draft regional spatial plans and related appeals:
(d)
the dispute resolution process for decisions on regional spatial plans:
(e)
the adoption of regional spatial plans:
(f)
the review of regional spatial plans:
(g)
the implementation of regional spatial plans.
Subpart 2—Land use plans
Core requirements for plan making
75 Purpose of land use plan
The purpose of the preparation, implementation, and administration of a land use plan is to—
(a)
enable and regulate the use and development of land within a district (including subdivision and activities on the surface of water bodies); and
(b)
assist territorial authorities in carrying out their functions and responsibilities under this Act.
Compare: 1991 No 69 s 72
76 Each district must have 1 land use plan
There must at all times be 1 land use plan for each district.
Compare: 1991 No 69 s 73(1)
77 How land use plan is prepared or changed
(1)
A territorial authority must prepare or change the land use plan for its district in accordance with Parts 1 and 2 of Schedule 3.
(2)
Any person (other than a territorial authority) may request a change to a land use plan in accordance with clause 49 of Schedule 3.
(3)
Part 3 of Schedule 3 sets out provisions relating to when rules in a proposed land use plan have legal effect.
(4)
Schedule 4 sets out provisions relating to the appointment and funding of independent hearings panels, which have functions to hold any hearing and make recommendations when a plan is being prepared or changed.
Compare: 1991 No 69 s 73(1)–(2)
78 Land use plan must include standardised plan provisions as directed by national instrument
(1)
A territorial authority—
(a)
must include a standardised plan provision in its land use plan or a proposed land use plan if a national instrument directs it to include that provision; and
(b)
may include a standardised plan provision in its plan or a proposed plan if a national instrument directs that it may include that provision; and
(c)
must comply with any substantive or procedural requirements in a national instrument relating to a standardised plan provision.
(2)
In particular, a territorial authority may do any of the following only if authorised by a national instrument:
(a)
determine the spatial application of the standardised plan provision:
(b)
select which standardised plan provision, out of 2 or more alternatives set out in the national instrument, it will include in its plan:
(c)
determine any content specified by the national instrument from within parameters set out in that instrument:
(d)
choose not to include a standardised plan provision.
(3)
A territorial authority must not amend a standardised plan provision.
79 Plan may include bespoke plan provisions if authorised or not precluded by national instrument
(1)
A territorial authority may include a bespoke plan provision in a land use plan or proposed land use plan, but only if—
(a)
a national instrument authorises the territorial authority to prepare a bespoke plan provision (see section 48(1)(b)); or
(b)
the national instruments do not preclude the territorial authority from including a bespoke plan provision.
(2)
A territorial authority must comply with any substantive or procedural requirements in a national instrument relating to a bespoke plan provision (see section 48(3)).
80 Core obligations when preparing and deciding land use plan
(1)
This section sets out the core obligations that apply when—
(a)
a territorial authority is making a decision on a matter that a national instrument expressly authorises it to make, in relation to if and how it incorporates a standardised plan provision into its plan or proposed plan (see sections 48 and 78); and
(b)
a territorial authority is preparing or deciding a bespoke plan provision (see section 79).
(2)
A territorial authority must make its decisions in accordance with its responsibilities and functions under sections 184 and 185 so that the resulting land use plan implements—
(a)
the national policy direction; and
(b)
any national standard; and
(c)
any relevant provision in a regional spatial plan.
(3)
However, subsection (2)(c) does not apply in relation to a provision in a regional spatial plan to the extent that the territorial authority is satisfied that—
(a)
the provision is out of date as a result of new information that supersedes the information used to determine the content of the provision in the regional spatial plan; or
(b)
there has been a significant change in circumstances or in the physical environment since that provision was decided (for example, a major environmental or economic event).
(4)
The territorial authority must—
(a)
have particular regard to—
(i)
the evaluation report required by clause 10 of Schedule 3; and
(ii)
any justification report required by clause 11 of Schedule 3; and
(iii)
any further evaluation report or further justification report required by clause 26 or 27 of Schedule 3; and
(b)
have regard to—
(i)
any statutory acknowledgement that applies to the area to which the proposed land use plan or private plan change applies; and
(ii)
any relevant planning document recognised by an iwi authority and lodged with the territorial authority; and
(c)
have regard to any of following to the extent that it has a bearing on land use activities in the district and is within the territorial authority’s responsibilities:
(i)
the extent to which the land use plan needs to be consistent with—
(A)
any land use plan or proposed land use plan of an adjacent territorial authority:
(B)
the provisions of any natural environment plan or proposed natural environment plan that apply to the parts of the coastal marine area that are adjacent to the district of the territorial authority:
(ii)
any relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2020), if section 98 of that Act applies:
(iii)
any regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing):
(iv)
any adaptation plan prepared under the Climate Change Response Act 2002.
(5)
The territorial authority must comply with—
(a)
any direction of the Minister under section 203; and
(b)
any requirements in this subpart; and
(c)
any regulations.
Compare: 1991 No 69 ss 74(1), (2), (2A), 75(3)
Types of provisions in land use plans
81 Provisions in land use plan
(1)
A land use plan—
(a)
must include objectives, policies, and rules; and
(b)
must include a relief framework if required by section 92; and
(c)
may include methods; and
(d)
may include designations in accordance with Schedule 5.
(2)
A land use plan may incorporate material by reference in the prescribed manner.
Further matters relating to rules in a plan
82 Plan must not permit activity that has certain effects on protected customary rights
(1)
A land use plan or a proposed land use plan must not include a rule that classifies an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.
(2)
This section applies despite anything to the contrary in a national instrument.
Compare: 1991 No 69 s 85A
83 Process if plan or proposed plan does not comply with section 82
(1)
If a protected customary rights group considers that a rule in a land use plan or proposed land use plan does not comply with section 82, the group may—
(a)
request a change to the rule in the plan in accordance with clause 49 of Schedule 3; or
(b)
make a submission on the proposed plan in accordance with Part 1 of Schedule 3; or
(c)
apply to the Environment Court in accordance with clause 49(3) of Schedule 9 for a change to the rule in the plan or proposed plan.
(2)
In determining whether a rule in a plan or proposed plan complies with section 82, the territorial authority or the Environment Court (as the case requires) must consider the following matters:
(a)
the effects of the proposed activity on the exercise of a protected customary right; and
(b)
the area that the proposed activity would have in common with the protected customary right; 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 a 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 s 85B
84 Rules that modify requirements for esplanade reserves
(1)
For allotments of less than 4 hectares created by the subdivision of land, a rule in a land use plan may—
(a)
specify the required width of any esplanade reserve required under clause 40 of Schedule 7; or
(b)
provide that no esplanade reserve is required under that clause; or
(c)
provide that, instead of an esplanade reserve under that clause, an esplanade strip of a width specified in the rule may be created in accordance with clause 45 of Schedule 7.
(2)
For allotments of 4 hectares or more created by the subdivision of land, a rule in a land use plan may provide that—
(a)
an esplanade reserve of a specified width is required under clause 40 of Schedule 7; or
(b)
an esplanade strip of a specified width must be created under clause 45 of Schedule 7.
(3)
A rule in a land use plan may—
(a)
specify the required width of any esplanade reserve required under section 345(3) of the Local Government Act 1974 (being greater or less than the 20 metres referred to in that section); or
(b)
provide that section 345(3) of the Local Government Act 1974 does not apply.
Compare: 1991 No 69 s 77
85 Conflicts between rules and regulations
If a rule in a land use plan is inconsistent with a regulation under this Act, the regulation prevails.
Compare: 1991 No 69 s 76(2)
Incentives
86 Methods relating to incentives
A method in a land use plan may provide an incentive to a land owner to undertake an activity if—
(a)
the incentive is of a kind specified in regulations and meets any prescribed criteria; and
(b)
the territorial authority considers the activity will help achieve the objectives and policies of the plan.
Evaluation reports and justification reports
87 Requirements for evaluation reports
(1)
An evaluation report required under clause 10 of Schedule 3 for a draft of a proposed plan must set out how the draft proposed plan implements—
(a)
the relevant spatial plan; and
(b)
any applicable national policy direction; and
(c)
any applicable goal to the extent permitted by section 12(4).
(2)
The evaluation report must—
(a)
summarise the territorial authority’s reasons for selecting any standardised plan provision from a national standard, if a national standard authorises or requires the territorial authority to choose between any 2 or more alternative standardised plan provisions; and
(b)
state how, if at all, the draft has been influenced by—
(i)
pre-notification consultation (see clause 5 of Schedule 3); and
(ii)
any other engagement with local communities.
(3)
The evaluation report—
(a)
must contain sufficient detail to identify the key content in a draft proposed plan; but
(b)
is not required to individually address every objective, policy, rule, or method in the draft.
Compare: 1991 No 69 s 32
88 Requirements for further evaluation report
(1)
A further evaluation report required under clause 26 or 27 of Schedule 3 for a proposed plan—
(a)
is required only for any significant changes that have been made to, or are proposed for, the proposed plan since the relevant evaluation report or previous further evaluation report was completed; but
(b)
is not required if the significant change is the replacement of a bespoke plan provision with a standardised plan provision.
(2)
A further evaluation report must—
(a)
be prepared in accordance with section 87(1) and (2); and
(b)
contain a level of detail that corresponds to the scale and significance of the changes for which the report is required.
Compare: 1991 No 69 s 32AA
89 Requirements for justification reports
(1)
This section sets out the requirements for a justification report required under clause 11 of Schedule 3 for a draft of a proposed plan that contains a bespoke plan provision or a provision on a specified topic.
(2)
In relation to a bespoke plan provision, a justification report must—
(a)
justify why the provision is either—
(i)
expressly authorised by a national instrument; or
(ii)
not precluded by any national instrument; and
(b)
describe the positive and negative impacts of the provision; and
(c)
assess the costs and benefits of the provision, including any costs and benefits from the provision or reduction of development capacity; and
(d)
state how the territorial authority proposes to monitor the effectiveness of the proposed provision; and
(e)
summarise the evidence for its view that section 80(3) applies; if the territorial authority is proposing that the bespoke plan provision will not give effect to any provision in the regional spatial plan in accordance with that section; and
(f)
state how, if at all, the draft has been influenced by—
(i)
pre-notification consultation (see clause 5 of Schedule 3); and
(ii)
any other engagement with local communities.
(3)
In relation to a provision on a specified topic, a justification report must—
(a)
identify which specified topic the provision relates to; and
(b)
justify why the provision is not precluded by national instruments; and
(c)
describe the area to which the provision applies, including any site, structure, landscape, or feature (as the case requires); and
(d)
assess the extent to which the provision is appropriate in relation to the cultural or natural values associated with that area; and
(e)
describe the key data and evidence that has informed the proposed provision, including the spatial application of the proposed provision; and
(f)
include the matters in subsection (2)(b) to (e).
(4)
The justification report must contain a level of detail that corresponds to the scale and significance of the content of the draft proposed plan.
Compare: 1991 No 69 s 32
90 Requirements for further justification reports
(1)
A further justification report required under clause 26 or 27 of Schedule 3 for a proposed plan—
(a)
is required only for any significant changes that have been made to, or are proposed for, a bespoke plan provision or a provision on a specified topic since the relevant justification report or a previous further justification report was completed; but
(b)
is not required if the significant change is the replacement of a bespoke plan provision with a standardised plan provision.
(2)
A further justification report must—
(a)
be prepared in accordance with section 87(1) and (2); and
(b)
contain a level of detail that corresponds to the scale and significance of the changes for which the report is required.
Compare: 1991 No 69 s 32AA
91 Failure to properly prepare evaluation report or justification report
(1)
A proposed plan or any provision in it—
(a)
may be challenged on the grounds that section 87 or 89 or clause 10 or 11 of Schedule 3 have not been complied with; but
(b)
may only be challenged in a submission on the proposed plan made in accordance with Schedule 3.
(2)
Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposed plan from having regard to the matters in section 87 or 89.
Compare: 1991 No 69 s 32A
Regulatory relief
92 Obligations relating to regulatory relief in Schedule 3
Part 4 of Schedule 3 sets out obligations where a rule in a plan or proposed plan relates to a specified topic and entitlements where that rule has a significant impact on the reasonable use of land.
Future provisions
93 Land use plan or proposed land use plan may make area subject to future provisions
(1)
A land use plan or proposed land use plan may provide that an area in a district is subject to—
(a)
temporary provisions; and
(b)
future provisions.
(2)
If an area is subject to temporary and future provisions,—
(a)
the future provisions apply to the area on and from the date that the territorial authority gives notice under section 96 that the relevant rules are met; and
(b)
the temporary provisions apply to the area until that date.
94 Requirements for making area subject to temporary and future provisions
If a plan or proposed plan provides that an area is subject to temporary and future provisions, the plan or proposed plan must—
(a)
include rules that set requirements that, if met, will enable the territorial authority to give public notice that the future provisions apply to the area; and
(b)
clearly identify all of the future provisions; and
(c)
clearly identify all of the temporary provisions.
95 Requirements for future provisions to apply
The rules described in section 94(a) may set requirements by doing any of the following:
(a)
describing, or specifying performance standards for, any infrastructure that is required:
(b)
specifying events that must occur, including specifying that an agreement must be reached:
(c)
specifying any other condition that must be met.
96 Territorial authority must give notice if requirements are satisfied
(1)
A territorial must give public notice that future provisions replace temporary provisions in an area if—
(a)
the territorial authority is satisfied that the rules described in section 94(a) for that area are met; and
(b)
all of the following provisions are operative:
(i)
the rules described in section 94(a):
(ii)
all future provisions.
(2)
The notice must—
(a)
describe the area to which the future provisions apply; and
(b)
specify the date on which the future provisions apply; and
(c)
summarise the future provisions and the temporary provisions they replace.
(3)
A territorial that gives a notice must, without using the process in Schedule 3, amend its land use plan to record that on and from the date specified in the notice—
(a)
the future provisions apply to the area; and
(b)
the temporary provisions no longer apply to that area.
(4)
There is no right of objection to the Planning Tribunal and no right of appeal against a decision of a territorial authority to give notice under this section.
Changing plan provisions without using Schedule 3 process if authorised by planning consent
97 Applying for planning consent that authorises change to plan provisions
(1)
A person may apply under section 109 for a planning consent that authorises a change to the plan provisions that apply to an area in accordance with section 98.
(2)
A plan may be changed in accordance with section 98 only if the change involves the application of standardised plan provisions to the area, and does not include any bespoke provisions (see also section 144).
(3)
For the purposes of this section and section 98, a subdivision consent is given effect to if the territorial authority has issued a certificate under clause 25 of Schedule 7 in relation to that consent.
98 Territorial authority may change plan provisions if authorised by planning consent
(1)
This section applies if—
(a)
a planning consent has been granted in accordance with section 144 that authorises a change to the plan provisions that apply to an area; and
(b)
the territorial authority (as the consent authority) is satisfied that the consent has been given effect to.
(2)
The territorial authority must decide, in accordance with section 80, whether the change to the provisions by the consent would result in plan provisions that are more appropriate for the area than the operative plan provisions that apply to that area.
(3)
If the territorial authority decides that the standardised plan provisions identified in the consent or consents are more appropriate, it must, without using the process in Schedule 3, amend its land use plan to replace the operative plan provisions that apply to the area with the standardised plan provisions identified in the consent.
(4)
The territorial authority must publish (in the prescribed manner) a notice of any change under subsection (3) no later than 5 working days after amending its plan.
(5)
There is no right of objection to the Planning Tribunal and no right of appeal against a decision of a territorial authority to change, or refuse to change, provisions in accordance with this section.
Review of land use plans
99 Review of provisions in land use plan at least every 10 years
(1)
A territorial authority must commence a review of a provision in a land use plan if that provision has not been subject to any of the following in the previous 10 years:
(a)
a proposed plan or private plan change:
(b)
a review under this section.
(2)
If, after reviewing the provision, the territorial authority considers that the provision should be amended, the territorial authority must prepare and notify for submissions (in accordance with Schedule 3) a proposed plan to amend or replace the provision.
(3)
If, after reviewing the provision, the territorial authority considers that the provision does not need to be amended, the territorial authority must prepare and notify for submissions (in accordance with Schedule 3) proposed plan that includes the provision unchanged.
(4)
A provision in a land use plan does not cease to be operative because the provision is due for review, or is being reviewed, under this section.
(5)
To avoid doubt, a territorial authority may choose to comply with this section by carrying out a full review of all provisions in its land use plan (regardless of when those provisions became operative or were last reviewed) and proceeding to prepare, and notify for submissions, a proposed plan.
Compare: 1991 No 69 s 79
Other matters
100 Statutory acknowledgements to be attached to land use plans
(1)
Every statutory acknowledgement that applies in a district must be attached to the land use plan for that district.
(2)
The provisions of the legislation that provides for a statutory acknowledgement apply.
(3)
The attachment of a statutory acknowledgement to a land use plan is for public information only and, unless adopted by the territorial authority as part of the plan, is not part of the plan.
101 Disputes relating to whether land use plan implements national instruments or regional spatial plan
(1)
This section applies if there is a dispute about whether a land use plan implements—
(a)
a national policy direction; or
(b)
a national standard; or
(c)
any relevant provision of a regional spatial plan.
(2)
The Minister, the territorial authority responsible for the land use plan, or the spatial plan committee responsible for the regional spatial plan may refer the dispute to the Environment Court.
(3)
If, after considering the dispute, the Environment Court considers that the land use plan does not implement or is not in accordance with (as the case requires) the relevant provisions of a national instrument or the regional spatial plan, the court must order the territorial authority to amend the plan in accordance with section 47(4) or (5) (as applicable).
(4)
However, the Environment Court does not need to make an order under subsection (3) if it considers that the departure from a national instrument or the regional spatial plan is minor or inconsequential.
Compare: 1991 No 69 s 82
102 Presumption of validity
If a territorial authority claims that a land use plan or provision in a land use plan is operative, the plan or provision—
(a)
must be treated as having been prepared and approved in accordance with Schedule 3; and
(b)
must not be challenged except by an application for an enforcement order under section 234(3).
Compare: 1991 No 69 s 83; 2023 No 46 s 212
103 Territorial authority must comply with and enforce land use plan
(1)
A territorial authority—
(a)
must comply with its own land use plan and any rule of its proposed land use plan that has legal effect; and
(b)
to the extent of its authority, must enforce compliance with its plan and any rule of its proposed plan that has legal effect.
(2)
No purported grant of a planning consent, and no waiver from a plan or rule in a proposed plan that has legal effect, whether written or otherwise, has effect to the extent that it is contrary to subsection (1).
(3)
Subsection (2) does not apply if the non-compliance is authorised by this Act.
Compare: 1991 No 69 s 84
104 Boundary adjustments
(1)
If the boundaries of a district are changed so that any area of the district is administered by a different territorial authority, the land use plan and any proposed land use plan or private plan change that applied to the area before the boundary change—
(a)
continues to apply to the area; and
(b)
is to be treated as part of the land use plan or proposed plan of, or a private plan change of, the different territorial authority.
(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 planning consent; or
(b)
until the land use plan provides that the land may be used as proposed.
(3)
If the boundaries of a district are changed to include a new area,—
(a)
the territorial authority must, as soon as practicable (but not later than 2 years after the change to the boundaries), change its land use plan to apply it to the new area; and
(b)
on and from the date that those changes are operative, subsections (1) and (2) do not apply to the area.
Compare: 1991 No 69 s 81; 2023 No 46 s 210
105 Environment Court may give directions in respect of land subject to controls
(1)
An interest in land is deemed not to be taken or injuriously affected by reason of any provision in a land use plan unless otherwise provided for in this Act.
(2)
Despite subsection (1), a person with an interest in land to which a provision of a land use plan or a proposed plan applies, and who considers that the provision would severely impair the reasonable use of that interest in land, may challenge the provision on those grounds—
(a)
in a submission made under Part 1 of Schedule 3 in respect of a proposed plan; or
(b)
in a change request under clause 49 of Schedule 3 in respect of a plan.
(3)
Despite subsection (1), if an appeal is made to the Environment Court in relation to a provision of a proposed plan, the court may give a direction under subsection (4) after—
(a)
being satisfied that the provision—
(i)
would severely impair the reasonable use of land; and
(ii)
places an unfair and unreasonable burden on any person who has an interest in that land; and
(b)
having regard to—
(i)
subpart 2 of Part 2 (including the effect of section 17(1)); and
(ii)
the effect of subsection (1) of this section; and
(iii)
Part 4 of Schedule 3; and
(c)
taking into account any relief provided under Part 4 of Schedule 3 in relation to the land.
(4)
The Environment Court may direct the local authority to do 1 or more of the following:
(a)
at the local authority’s election,—
(i)
modify, delete, or replace the provision in the plan, proposed plan, or private plan change in the manner directed by the court; or
(ii)
acquire all or part of an estate or interest in the land under the Public Works Act 1981, as long as—
(A)
the person with the estate or interest in the land or part of it agrees; and
(B)
the requirements of subsection (5) are met:
(b)
make a monetary payment:
(c)
waive or reduce local government rates or fees for planning consent applications:
(d)
grant similar or alternative development rights elsewhere:
(e)
offer alternative parcels of land in exchange for the affected site:
(f)
provide access to targeted grant programmes for restoration, fencing, planting, or other mitigation activities.
(5)
The local authority must not elect a direction under subsection (4)(a)(ii) unless—
(a)
the person with the estate or interest in the land concerned (or the spouse, civil union partner, or de facto partner of that person)—
(i)
had acquired the estate or interest in the land before the date on which the provision was first notified or otherwise included in the relevant plan or proposed plan; and
(ii)
the provision remained in substantially the same form; and
(b)
the person with the estate or interest in the land consents to the giving of the direction.
(6)
A direction given under subsection (4) has effect under this Act as if it were made or given under clause 48 of Schedule 9.
(7)
Nothing in subsections (3) to (6) limits the powers of the Environment Court under clause 48 of Schedule 9 on an appeal under Schedule 3.
(8)
Part 4 of Schedule 3 does not provide relief for any matter to which subsection (1) may apply, but is relevant for the purposes of this section to the extent that any relief provided under that subpart must be taken into account for the purposes of subsection (3).
(9)
In this section,—
provision of a plan or proposed plan does not include a designation or proposed designation
reasonable use, in relation to land, includes the use or potential use of the land for any activity where the actual or potential effects on any land use or on any person (other than the applicant) would not be significant.
Compare: 1991 No 69 s 85
Subpart 3—Designations
106 Schedule 5 sets out provisions relating to designations
(1)
Schedule 5 sets out provisions relating to designations.
(2)
By way of overview,—
(a)
Part 1 of Schedule 5 sets out the effect of a designation a proposed designation; and
(b)
Part 2 of Schedule 5 of that schedule contains provisions relating to designating authorities, being the entities that may propose and hold a designation; and
(c)
Parts 3 and 4 of Schedule 5 of that schedule sets out the pathways for securing a designation, namely—
(i)
the standard process (Part 3); and
(ii)
the spatial planning process (Part 4); and
(d)
Part 5 of Schedule 5 sets out requirements for construction project plans; and
(e)
Part 6 of Schedule 5 sets out other matters relating to designations, namely provisions relating to—
(i)
approvals from a designating authority; and
(ii)
the alteration, removal, lapse, and transfer of designations; and
(iii)
acquiring land.
Part 4 Planning consents
Subpart 1—Types of consent
107 Meaning of planning consent
In this Act, a planning consent or consent means either of the following:
(a)
a land use consent, which is a consent to use land in a manner that would otherwise contravene section 17:
(b)
a subdivision consent, which is a consent to subdivide land in a manner that would otherwise contravene section 18.
Compare: 1991 No 69 s 87; 2023 No 46 s 220
Subpart 2—Applying for planning consent
General requirements
108 Prior consultation not required
The following applies to an applicant for a planning consent and the consent authority:
(a)
neither has a duty under this Act to consult any person about the application; and
(b)
each must comply with a duty under any other enactment to consult any person about the application; and
(c)
each may consult any person about the application.
Compare: 1991 No 69 s 36A
109 Applying for planning consent
(1)
A person may apply for a planning consent by lodging an application with the relevant consent authority.
(2)
An application must—
(a)
be made in the prescribed form and manner; and
(b)
include the information that is required by Schedule 6.
(3)
An applicant must ensure that information required by subsection (2)(b) is provided at a level of detail that is proportionate to the scale and significance of the matter to which the application relates.
(4)
A consent authority may accept an application that does not fully comply with subsection (2)(b) if the authority is satisfied that the information provided by the applicant is proportionate to the scale and significance of the matter to which the application relates.
(5)
An application is lodged on the date that it is received by the relevant consent authority.
Compare: 1991 No 69 s 88(1), (2), (2AA), (2AB)
110 Activity classification to remain the same
(1)
This section applies if—
(a)
an application for a planning consent has been lodged under section 109; and
(b)
the activity classification of the activity (being restricted discretionary or discretionary) is altered after the application was first lodged as a result of—
(i)
a proposed plan provision being notified; or
(ii)
a decision being made under clause 27(2) of Schedule 3; or
(iii)
any other matter.
(2)
The application must continue to be processed, considered, and decided as if the activity had the same activity classification that it had when the application was first lodged.
(3)
This section does not affect a requirement in section 139 to have regard to any relevant provision of a land use plan or proposed land use plan that exists when the application is considered.
Compare: 1991 No 69 s 88A
111 Joint application for planning consent and exchange of recreation reserve land
(1)
A person may make a joint application for a planning 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.
(2)
If a joint application is made, the application to exchange recreation reserve land must be—
(a)
processed, with the planning consent application, in accordance with this Part; and
(b)
decided under section 15AA of the Reserves Act 1977.
Compare: 1991 No 69 s 88(1A), (6)
112 Applications to territorial authorities for consent 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 planning 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 that 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 161 applies to every consent granted in accordance with subsection (3).
Compare: 1991 No 69 s 89
113 Application affecting navigation to be referred to Maritime New Zealand
(1)
This section applies to an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river.
(2)
The consent authority must send a copy of the application to Maritime New Zealand.
(3)
Maritime New Zealand must report to the consent 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 consent authority may take the failure as an indication that Maritime New Zealand has nothing to report.
(5)
The consent 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; and
(b)
take the report into account in its consideration of the application.
Compare: 1991 No 69 s 89A
114 Application relating to area where group seeks customary marine title
(1)
If a person applies for a planning consent relating to an area where an applicant group seeks 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 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.
(2)
In this section, applicant group has the meaning given to it by section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
Compare: 1991 No 69 s 88(7), (8)
115 Consent authority may return incomplete application
(1)
A consent authority may, within 10 working days after an application was first lodged, determine that an application is incomplete if the application does not include the information required by section 109(2)(b).
(2)
If the consent authority decides that the application is incomplete, it must immediately return the application to the applicant with written reasons for the decision.
(3)
A person may apply to the Planning Tribunal under clause 14 of Schedule 10 to review a decision that an application is incomplete.
(4)
If an application that has been returned under this section is lodged again with the consent authority, that application must be treated as a new application.
Compare: 1991 No 69 s 88(3), (3A), (4), (7), (8)
116 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 planning consent if it considers on reasonable grounds that—
(a)
other planning 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 planning 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 Planning Tribunal for an order directing that any determination under this section be revoked.
Compare: 1991 No 69 s 91
Time frames and excluded time periods
117 Consent processing time frames
(1)
The maximum processing time frames for applications for planning consents—
(a)
are set out in the table in subsection (3); and
(b)
are subject to—
(i)
other provisions of this Act; and
(ii)
any time frames and excluded time periods prescribed by regulations made under section 282.
(2)
For the purposes of this section, the processing of an application—
(a)
begins on the date that the application is lodged under section 109(5); and
(b)
ends on the date that the consent authority notifies the applicant of the decision on the application.
(3)
The processing time frames for planning consents are as follows:
| Type of notification | Maximum processing time frame | |
|---|---|---|
| Non-notified consent with or without hearing | 45 working days | |
| Targeted notified consent without hearing | 70 working days | |
| Targeted notified consent with hearing | 100 working days | |
| Publicly notified consent without hearing | 90 working days | |
| Publicly notified consent with hearing | 130 working days |
(4)
A consent authority must suspend the processing of an application for a planning consent on the grounds and in the manner prescribed in the regulations.
118 Certain consents must be processed and decided no later than 1 year after lodgement
(1)
The time period within which a consent authority must process and decide an application for a planning consent for a specified energy activity or wood processing activity (the time period) is 1 year after the date that the application is lodged.
(2)
An extension of the time period for a further period not exceeding 1 year—
(a)
must be granted by the consent authority if—
(i)
the extension is requested by the applicant; or
(ii)
the application is for the establishment of a hydro-electricity activity or geothermal activity and the extension is requested under subsection (4); and
(b)
may be granted by the consent authority no more than once in relation to any other activity if the extension is requested under subsection (4).
(3)
When deciding a request for an extension to which subsection (2)(b) applies, the consent authority must—
(a)
consider all requests of that kind received before the expiry of the time period; and
(b)
if the time period has been extended under subsection (2)(a), consider all requests for extension from the applicant received before the expiry of the extended time period.
(4)
The following groups may request an extension of the time period for the purpose of recognising or providing for a Treaty settlement or other arrangement:
(a)
iwi authorities:
(b)
post-settlement governance entities:
(c)
ngā hapū o Ngāti Porou as defined in section 10 of the Ngā Rohe Moana o Ngā Hāpu o Ngāti Porou Act 2019:
(d)
iwi or hapū who are party to a Mana Whakahono ā Rohe or joint management agreement that applies in the region:
(e)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(f)
protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(g)
applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011).
(5)
A request for extension must be made to the consent authority before the expiry of the time period or extended time period and may be made more than once.
(6)
If the time period is extended, the total time within which a consenting authority must process and decide an application under this section must not exceed 2 years after the date that the application is lodged.
(7)
The processing and deciding of an application must be paused by the consent authority at the applicant’s request.
(8)
The time during which processing and deciding of an application is paused under subsection (7) does not count towards the time period or extended time period.
(9)
This section applies despite any time frames or excluded time periods that are prescribed in the regulations.
Compare: 1991 No 69 s 88BA
Consent authority may require further information or report
119 Request for further information
(1)
A consent authority may request that the applicant provide further information relating to the application at any reasonable time before the hearing of an application for a planning consent or, if no hearing is held, before the decision to grant or refuse the application.
(2)
The consent authority may make a request under subsection (1) only if it is satisfied that—
(a)
the information requested does not relate to an effect that is outside the scope of this Act; and
(b)
obtaining the information will ensure that the consent authority has enough information to understand the implications of its decision, after considering—
(i)
the cost and feasibility of obtaining the information; and
(ii)
the scale and significance of the matter to which the decision relates.
(3)
A consent authority that requests further information under this section must do so in the prescribed form and manner.
Compare: 1991 No 69 s 92(1)
120 Request for report
(1)
A consent authority may commission a person to prepare a report on a matter relating to the application, including a matter relating to information provided by the applicant in the application or under section 119,—
(a)
at any reasonable time before the hearing of an application for a planning consent or, if no hearing is held, before the decision to grant or refuse the application; and
(b)
only if the applicant is notified before the consent authority commissions the report, and does not refuse, in accordance with the regulations, to agree to the commissioning of the report.
(2)
The consent authority may notify the applicant that it wants to commission a report under subsection (1) only if it is satisfied that—
(a)
the report does not relate to an effect that is outside the scope of this Act; and
(b)
obtaining the report will ensure the consent authority has enough information to understand the implications of its decision, after considering—
(i)
the cost and feasibility of obtaining the report; and
(ii)
the scale and significance of the matter to which the decision relates.
(3)
A report commissioned under subsection (1) may be in the form of a review of the information provided by the applicant under section 119.
(4)
If the report is a review of the information provided by the applicant—
(a)
it must be carried out by an expert appointed by the consent authority; and
(b)
it must be limited to an assessment of the methodology used to reach the conclusion of that information.
(5)
A consent authority that commissions a report under this section must do so in the prescribed manner.
Compare: 1991 No 69 s 92(2)
121 Response to request for further information or report
An applicant that receives a request for further information under section 119, or notification that the consent authority wants to commission a report under section 120, must respond to the consent authority in the manner and within the time prescribed in the regulations.
Compare: 1991 No 69 s 92A
122 Consequences of applicant’s failure to respond to requests, etc
(1)
A consent authority may determine an application for a planning consent is incomplete if—
(a)
the applicant was required to provide one of the following responses:
(i)
to provide further information in response to a request under section 119 within the time specified in the regulations; or
(ii)
to tell the consent authority in a written notice whether the applicant agrees to the commissioning of a report under section 120 within the time specified in the regulations; or
(iii)
to pay an additional charge to the consent authority required under section 191 and specified in a written notice by an agreed date; or
(iv)
to give the consent authority written approval for a proposed activity under section 128(1)(b)(i) by an agreed date; and
(b)
3 months after the expiry of the applicable time frame specified in paragraph (a), the applicant has not provided the required response; and
(c)
the consent authority has notified the applicant, by a method specified in section 287(1), of its intention to return the application.
(2)
After determining that an application is incomplete under this section, the consent authority may return the application to the applicant with written reasons for the determination.
(3)
If, after an application has been returned as incomplete under this section, that application is lodged again with the consent authority, that application is to be treated as a new application.
(4)
In this section, agreed date means a date agreed between the applicant and the consent authority.
Compare: 1991 No 69 s 92AA
Subpart 3—Notification, submissions, and hearings
Notification
123 Time limit for public notification or targeted notification
A consent authority must, within 20 working days after the application is first lodged,—
(a)
decide whether to give public or targeted notification of an application for a planning consent in accordance with sections 124 and 125; and
(b)
notify the applicant if it decides to do so.
Compare: 1991 No 69 s 95
124 Mandatory public notification in some circumstances
A consent authority must publicly notify an application for a planning consent if—
(a)
the applicant has requested that the application be publicly notified:
(b)
public notification is required under section 126:
(c)
the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977:
(d)
a rule in a land use plan or national rule requires public notification in relation to the activity or activities to which the application relates.
125 Notification requirements if section 124 does not apply
(1)
This section applies if an application for a planning consent is not publicly notified under section 124.
Certain affected groups and affected persons must be notified
(2)
A consent authority must determine—
(a)
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 planning consent for an accommodated activity); and
(b)
whether—
(i)
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 12; and
(ii)
the person to whom the statutory acknowledgement is made is an affected person under section 128.
(3)
The consent authority must notify the application to each affected group and each affected person identified under subsection (2), unless subsection (7) applies.
Notification requirements if adverse effects more than minor
(4)
A consent authority must determine whether the activity will have or is likely to have adverse effects on the built environment that are more than minor, in accordance with section 127.
(5)
If the consent authority determines that the activity will have or is likely to have adverse effects on the built environment that are more than minor, the consent authority must also determine—
(a)
whether there are affected persons, in accordance with section 128; and
(b)
whether all affected persons can be identified.
(6)
If all affected persons can be identified under subsection (5), the consent authority—
(a)
must notify those persons of the application (targeted notification); and
(b)
must not publicly notify the application.
(7)
A consent authority must publicly notify the application if—
(a)
the activity will have or is likely to have adverse effects on the built environment that are more than minor; and
(b)
either—
(i)
there are no affected persons; or
(ii)
it is not possible, or it is impractical, to identify all affected persons under subsection (5).
(8)
However, subsections (4) to (7) do not apply if a land use plan, national rule, or water services standard precludes notification in relation to the activity or activities to which the application relates.
Compare: 1991 No 69 s 95B
126 Public notification of consent application after request for further information or report
(1)
A consent authority must publicly notify an application for a planning consent if—
(a)
it has not already decided whether to give public or targeted notification of the application; and
(b)
subsection (2) or (3) applies.
(2)
This subsection applies if the consent authority requests further information on the application under section 119, but the applicant—
(a)
does not provide the information within the time specified in the regulations; or
(b)
refuses to provide the information.
(3)
This subsection applies if the consent authority notifies the applicant under section 120 that it wants to commission a report, but the applicant—
(a)
does not respond within the time specified in the regulations; or
(b)
refuses to agree to the commissioning of the report.
(4)
This section applies despite any rule in a land use plan or national rule that precludes public or targeted notification of the application.
Compare: 1991 No 69 s 95C
127 Whether adverse effects likely to be more than minor
(1)
This section applies to a consent authority that is deciding, under section 125(4), whether an activity will have or is likely to have adverse effects on the built environment that are more than minor.
(2)
A consent authority must not have regard to—
(a)
any effect on persons who own or occupy the land in, on, or over which the activity will occur; and
(b)
any adverse effect of the activity if a rule in a land use plan or a national rule permits an activity with that effect; and
(c)
in the case of a restricted discretionary activity, any adverse effect of the activity that does not relate to a matter for which a rule in a land use plan or a national rule reserves discretion; and
(d)
any effect on a person who has given written approval to the relevant application.
(3)
The consent authority may consider whether any adverse effects of the proposed activity are consistent with the character, intensity, or scale of the adverse effects anticipated by the land use plan or the regional spatial plan.
Compare: 1991 No 69 s 95D
128 Whether person is affected person
(1)
For the purpose of section 125(2)(b)(ii) and (5),—
(a)
a person is an affected person if the consent authority decides that the activity’s adverse effects on the person are more than minor; but
(b)
a person is not an affected person if—
(i)
the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or
(ii)
the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.
(2)
Subsection (1)(b) prevails over subsection (1)(a).
(3)
When assessing whether an activity’s adverse effects on a person are more than minor under subsection (1)(a), the consent authority—
(a)
must disregard an adverse effect of the activity on the person if a rule in a land use plan or a national rule permits an activity with that effect; and
(b)
if the activity is a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule in a land use plan or a national rule has reserved discretion; and
(c)
must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 12.
Compare: 1991 No 69 s 95E
129 Meaning of affected protected customary rights group
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—
(a)
the activity may have adverse effects on a protected customary right carried out in accordance with Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(b)
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 consent authority before the authority has made a decision under this section.
Compare: 1991 No 69 s 95F
130 Meaning of affected customary marine title group
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—
(a)
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
(b)
the customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.
Compare: 1991 No 69 s 95G
Submissions on applications
131 Submissions on applications
(1)
If an application for a planning consent is publicly notified, the following persons may make a submission about it to the consent authority:
(a)
a qualifying resident of the district to which the application relates:
(b)
a person who is not a qualifying resident of the district to which the application relates if that person is an affected person under section 128.
(2)
If an application for a planning consent is the subject of targeted notification, a person served with notice of the application may make a submission about it to the consent authority.
Compare: 1991 No 69 s 96
132 Form and service of submissions
(1)
A submission must—
(a)
be made in the prescribed form and manner; and
(b)
make a case that is reasonable and relevant to the application that is the subject of the submission.
(2)
A submission, or part of a submission, that does not comply with subsection (1)(b) may be—
(a)
struck out by the consent authority under section 133; or
(b)
treated as invalid regardless of whether it is struck out.
Compare: 1991 No 69 s 96
133 Striking out submissions
(1)
A consent authority may, in accordance with the prescribed requirements, strike out a submission, or part of a submission, if the consent authority considers that the submission or the part discloses no reasonable or relevant case in relation to the application.
(2)
A person has a right of objection to the Planning Tribunal if all or part of their submission is struck out.
Hearings
134 Consent authority may refer to conference or mediation
(1)
A consent authority may, in accordance with the prescribed requirements, invite or require an applicant for a planning consent and some or all submitters to attend a conference for the purpose of—
(a)
clarifying a matter or issue; or
(b)
facilitating the resolution of an issue.
(2)
A consent authority may, in accordance with the prescribed requirements, refer to mediation a person who has made an application for a planning consent and some or all submitters.
(3)
A conference or mediation must be conducted in accordance with the prescribed requirements.
135 Obligation to hold a hearing
(1)
A hearing must not be held in relation to an application for a planning consent unless—
(a)
the applicant has requested a hearing; or
(b)
subsection (2) applies.
(2)
This subsection applies if—
(a)
a person who made a submission in respect of that application has requested to be heard and has not subsequently advised that they do not wish to be heard; and
(b)
the consent authority considers that conducting a hearing will be the most effective and efficient means to test the information, and any issues, related to the application; and
(c)
the parties have attended a conference or mediation under section 134, if the commissioner who is delegated under section 136 to decide the application considers a conference or mediation to be appropriate.
(3)
A consent authority must hold a joint hearing or a combined hearing in the circumstances prescribed in the regulations.
(4)
A hearing (including a joint hearing or a combined hearing) must be conducted in the manner prescribed in the regulations.
Compare: 1991 No 69 s 100
136 Decision by commissioner
If an application for a planning consent is notified, the consent authority must delegate, under section 196(1), its functions, powers, and duties required to hear and decide an application for a planning consent to 1 or more hearings commissioners who are not members of the consent authority.
Compare: 1991 No 69 s 100A
Subpart 4—Consideration of application and decision
137 Application of this subpart
This subpart sets out the matters that apply to the consideration by a consent authority of a planning consent application.
138 Matters that consent authority must disregard
(1)
A consent authority must not have regard to—
(a)
any effect that is outside of the scope of this Act (see section 14):
(b)
any effect on a person who has given written approval to the application:
(c)
any adverse effect of the activity on the environment if the land use plan or a national rule permits an activity with that effect:
(d)
if the activity is a restricted discretionary activity, any matter in relation to which the land use plan, proposed land use plan, a national rule, or a water services standard has not reserved discretion.
(2)
See also section 12, which applies to a consent authority when considering a planning consent application.
(3)
Subsection (1)(b) does not apply if the person withdraws their approval by written notice received by the consent authority before the hearing or, if there is no hearing, before the application is determined.
(4)
This section also applies to a consent authority considering any submissions on the application.
139 Consideration of planning consent application
(1)
Subject to subsection (2), the consent authority must have regard to the following:
(a)
any adverse effect on—
(i)
a person, unless section 138(1)(b) applies:
(ii)
the built environment:
(b)
any effect that is—
(i)
positive:
(ii)
cumulative:
(c)
any measure proposed or agreed to by the applicant to avoid, remedy, minimise, offset, or compensate for, any adverse effects on a person or the built environment resulting or likely to result from the activity:
(d)
any relevant provisions of—
(i)
the land use plan or proposed land use plan:
(ii)
the regional spatial plan or proposed regional spatial plan, if the application is for an activity that is a discretionary activity:
(e)
any relevant provisions of other key instruments in accordance with section 12:
(f)
if the application is affected by section 164, the value of the investment to the existing consent holder:
(g)
the matters specified in sections 140 to 147.
(2)
However, if a planning consent application is for an activity that is a restricted discretionary activity, a consent authority may have regard to a matter only if discretion is reserved in relation to that matter by any of the following:
(a)
a land use plan or proposed land use plan:
(b)
a national rule:
(c)
a water services standard.
(3)
This section also applies to a consent authority considering any submissions on the application.
140 Matters relevant to activities affecting drinking water supply source water
The consent authority must have regard to—
(a)
the actual or potential effect of the proposed activity on the source of a drinking water supply that is registered under section 55 of the Water Services Act 2021; and
(b)
any risks that the proposed activity may pose to the source of a drinking water supply that are identified in a source water risk management plan prepared in accordance with the requirements of the Water Services Act 2021.
141 Matters relevant to application for reclamation
Section 158(2) of the Natural Environment Act 2025 applies to an application for a reclamation.
142 Matters relevant to application relating to wastewater network
(1)
When considering a planning consent application that relates to a wastewater network, as defined in section 5 of the Water Services Act 2021,—
(a)
a consent authority must not grant the consent contrary to—
(i)
a wastewater environmental performance standard; or
(ii)
an infrastructure design solution; and
(b)
a consent authority must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
(i)
the wastewater environmental performance standard; or
(ii)
the infrastructure design solution.
(2)
However, subsection (1)—
(a)
does not apply if an exception under a wastewater environmental performance standard or an infrastructure design solution applies; and
(b)
except as expressly otherwise provided in this Act, does not prevent a consent authority from including, as a condition of granting a planning consent, a requirement that relates to any activity, effect, or other matter that a wastewater environmental standard or an infrastructure design solution does not regulate or manage.
143 Matters relevant to application relating to stormwater network
(1)
When considering a planning consent application that relates to a stormwater network, as defined in section 5 of the Water Services Act 2021, a consent authority—
(a)
must not grant the consent contrary to—
(i)
a stormwater environmental performance standard; or
(ii)
an infrastructure design solution; and
(b)
must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
(i)
the stormwater environmental performance standard; or
(ii)
the infrastructure design solution.
(2)
However, subsection (1)—
(a)
does not apply if an exception under a stormwater environmental performance standard or an infrastructure design solution applies; and
(b)
except as expressly otherwise provided in this Act, does not prevent a consent authority from including, as a condition of granting a planning consent, a requirement that relates to any activity, effect, or other matter that a stormwater environmental standard or an infrastructure design solution does not regulate or manage.
144 Matters relevant to application for consent that authorises change to spatial application of plan provisions
(1)
A consent authority may grant a planning consent that, if given effect to, authorises a change to the plan provisions that apply to an area in accordance with section 98.
(2)
However, the consent authority may grant a consent to which subsection (1) applies only if—
(a)
the proposed change to the plan provisions involves the application of standardised plan provisions (and not bespoke provisions); and
(b)
the consent authority is satisfied that, if the consent were given effect to and the change to the plan provisions were to occur, it would provide a significant benefit to the provision of any of the following in the district:
(i)
housing:
(ii)
employment:
(iii)
infrastructure; and
(c)
the consent includes provisions that specify—
(i)
the boundaries of the area to which the change would apply; and
(ii)
the standardised plan provisions that would apply to that area.
145 Applicant’s compliance history
(1)
The consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act—
(a)
received by the applicant, if the applicant is not a natural person:
(b)
received by the applicant within the previous 7 years, if the applicant is a natural person:
(c)
received, within the previous 7 years, by a director or person concerned with the management of the applicant, if the applicant is not a natural person.
(2)
In addition, the consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act received within the previous 7 years by a person that—
(a)
is not a natural person; and
(b)
is not the applicant; but
(c)
at the time that person received the abatement notice, enforcement order, infringement notice or conviction, was directed or managed by a person who is a director or person concerned with the management of the applicant.
(3)
The consent authority may decline an application for a planning consent if the applicant has a record of significant non-compliance with a requirement of this Act—
(a)
that is ongoing or repeated; and
(b)
that, if the applicant is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the applicant is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years.
146 Consent may be refused or granted with conditions if risk from natural hazards, etc
(1)
A consent authority may refuse to grant a planning consent, or may grant a planning consent subject to conditions,—
(a)
if it considers that there is a significant risk from natural hazards; or
(b)
in the case of a subdivision consent, if it considers sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.
(2)
Conditions imposed under subsection (1) must be—
(a)
for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
(b)
of a type that could be imposed under section 151.
(3)
For the purposes of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:
(a)
the likelihood of natural hazards occurring (whether individually or in combination):
(b)
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
(c)
whether the proposed use of the land or proposed subdivision would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b):
(d)
whether the proposed use of the land or proposed subdivision would result in adverse effects on the health or safety of people.
(4)
Subsection (1)(a) does not apply to land use consents if the use of the land for which the consent is sought is—
(a)
construction, upgrade, maintenance, or operation of infrastructure; or
(b)
primary production activities, as described in the national planning standards.
147 Matters for which consent must not be granted
A consent authority must not grant a planning consent if—
(a)
it is contrary to—
(i)
any regulations:
(ii)
a wāhi tapu condition included in a customary marine title order or agreement:
(iii)
section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011:
(b)
it should have been notified and was not.
148 Determination of planning consent
(1)
After considering an application for a planning consent, a consent authority may grant or refuse the application.
(2)
If it grants the application, the consent authority may impose conditions on the planning consent,—
(a)
for a restricted discretionary activity, only for those matters over which a land use plan, proposed land use plan, or national rule has reserved discretion:
(b)
for a discretionary activity, under section 151.
(3)
A consent authority may grant a planning consent on the basis that the activity is a restricted discretionary activity or a discretionary activity regardless of what type of activity the application was expressed to be for.
(4)
A consent authority may decline an application for a planning consent on the ground that it has inadequate information to determine the application.
(5)
In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being made available.
149 Consent authority may grant application with adaptive management approach
(1)
A consent authority may grant a planning consent that includes a condition that requires, or conditions that form, an adaptive management approach.
(2)
An adaptive management approach—
(a)
must allow an activity to commence on a small scale, or for a short period, or in stages, to allow its effects to be monitored; and
(b)
must require baseline information for—
(i)
monitoring and reporting; and
(ii)
setting triggers and limits (other than an environmental limit) for the purpose of monitoring and reporting; and
(c)
must require ongoing monitoring and reporting; and
(d)
may require certification and review of environmental management plans; and
(e)
may include provisions to allow for an activity to step back to a previous stage or cease temporarily where triggers are met, to allow for management practices or monitoring requirements to be adapted accordingly; and
(f)
may include provisions to allow for an activity to be discontinued permanently (in circumstances where the effects are found to be unanticipated at the time consent was granted).
(3)
In determining the use of an adaptive management approach, the consent authority must consider—
(a)
whether there is adequate evidence that using an adaptive management approach will—
(i)
sufficiently reduce uncertainty about the effects of the activity; and
(ii)
adequately manage any remaining risk; and
(b)
the extent of any environmental risk (including the consequences if the risk is realised); and
(c)
the importance of the activity for which the consent relates; and
(d)
the degree of uncertainty about the effects of the activity; and
(e)
whether and the extent to which the adaptive management approach will sufficiently diminish the risk and the uncertainty.
(4)
A consent authority may decide that an adaptive management approach sufficiently diminishes the risk and uncertainty if it is satisfied that—
(a)
there is sufficient monitoring of the receiving environment to set appropriate indicators and compliance limits; and
(b)
the conditions provide for effective monitoring of adverse effects using appropriate indicators; and
(c)
indicators are set to prompt remedial action before adverse effects occur or reach unacceptable levels; and
(d)
any effects that might arise can be remedied before they become irreversible.
Subpart 5—Conditions and other requirements relating to decisions
Conditions of planning consents
150 General requirements before conditions may be included
(1)
When granting a planning consent, the consent authority may include any condition it considers appropriate after being satisfied that—
(a)
subsections (2) and (3) are complied with; and
(b)
any requirements in section 151 for particular consents or conditions are complied with.
(2)
A consent authority must not include a condition unless—
(a)
the applicant has agreed to the condition and the condition contains measures in order to—
(i)
give rise to positive effects; or
(ii)
avoid, minimise, remedy, offset, or provide compensation for, any adverse effects; or
(b)
the condition is directly connected to—
(i)
any adverse effects of the activity; or
(ii)
an applicable provision in a land use plan or national rule; or
(c)
the condition relates to administrative matters that are essential for the efficient implementation of the planning consent.
(3)
A consent authority must not include a condition that—
(a)
relates only to an effect that is outside the scope of this Act; or
(b)
is contrary to a water services standard.
(4)
This section does not limit section 38 (permitted activity standard), section 36 (rules relating to restricted discretionary activities), section 37 (rules relating to discretionary activities), section 30 (meaning of rule), section 146 (consent may be refused or granted with conditions if risk from natural hazards etc.), or Part 1 of Schedule 7 (further provisions relating to conditions of subdivision consents).
(5)
For the purpose of subsection (2)(b)(ii), a provision is applicable if the application of the provision to the activity is the reason, or one of the reasons, that a planning consent is required for the activity.
Compare: 1991 No 69 ss 108, 108AA
151 Particular conditions that may be included in planning consents
(1)
Without limiting the generality of section 150, a planning consent may include any 1 or more of the following conditions:
(a)
a condition specifying the duration of the consent:
(b)
a condition specifying the date the consent will lapse, subject to section 165:
(c)
a condition requiring a financial assurance (and describing the terms of that financial assurance) in accordance with clauses 1 to 21 of Schedule 8:
(d)
a condition requiring services or works to be provided, including (but without limitation) protecting, planting, or replanting of any tree or other vegetation or protecting, restoring, or enhancing any natural or physical resource:
(e)
in the case of a land use consent, a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the consent (being a condition which relates to the use of land to which the consent relates):
(f)
in the case of a subdivision consent, a condition described in Part 1 of Schedule 7:
(g)
a condition to mitigate any risk that the planning consent may not be complied with, having regard to any previous non-compliance by the applicant that is the subject of an abatement order, enforcement order, infringement notice, or conviction under this Act referred to in section 145:
(h)
a condition requiring the holder of a planning consent to supply to the consent authority information relating to the exercise of the planning consent.
(2)
A condition under subsection (1)(e) may, among other things, provide that the covenant may be varied or cancelled or renewed at any time by agreement between the consent holder and the consent authority.
(3)
Without limiting subsection (1)(h), a condition made under that subsection may require the holder of the planning consent to do 1 or more of the following:
(a)
to make and record measurements:
(b)
to take and supply samples:
(c)
to carry out analyses, surveys, investigations, inspections, or other specified tests:
(d)
to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner:
(e)
to provide information to the consent authority at a specified time or times:
(f)
to provide information to the consent authority in a specified manner and, if applicable, in a manner consistent with any regulations made under a relevant empowering provision in this Act:
(g)
to comply with the condition at the consent holder’s expense.
Compare: 1991 No 69 s 121
152 Review of draft conditions of consent
(1)
An applicant for a planning consent may request that the consent authority provide them with any draft conditions of the consent.
(2)
The applicant’s request—
(a)
must be made before the consent authority issues its decision on the application; and
(b)
may be made only once.
(3)
If a request is made, the consent authority—
(a)
must provide the draft conditions to the applicant and, if the application was notified, to submitters; and
(b)
may suspend the time frame that applies to the processing of the application to allow the applicant and any submitters to consider the draft conditions.
(4)
A consent authority may provide draft conditions to the persons specified in subsection (3)(a)—
(a)
more than once; and
(b)
whether or not the applicant requests the draft conditions under subsection (1); and
(c)
whether or not the time frame that applies to the processing of the application is suspended under subsection (3)(b).
(5)
Subsection (3)(b)—
(a)
does not prevent a consent authority from continuing to process the application while the time frame is suspended; and
(b)
may be applied only once during an application process.
(6)
An applicant and any submitters must provide their comments on the draft conditions to the consent authority within a reasonable time specified by the consent authority.
(7)
A consent authority may take those comments into account only to the extent that they cover technical or minor matters.
Compare: 1991 No 69 s 107G
153 Decision on application
A consent authority must give notice of its decision on an application for a planning consent in the manner and form prescribed in the regulations.
Appeals
154 Right to appeal
(1)
Any 1 or more of the following persons may appeal to the Environment Court in accordance with section 155 against the whole or any part of a decision of a consent authority on an application for a planning consent, or an application for a change of consent conditions, or on a review of consent conditions:
(a)
the applicant or consent holder:
(b)
any person who made a submission on the application or review of consent conditions.
(2)
A person exercising a right of appeal under subsection (1)(b) may appeal—
(a)
any matter that was raised in the person’s submission except any part of the submission that is struck out under section 133; and
(b)
any matter that was not raised in the person’s submission.
(3)
This section is in addition to the rights provided for in Schedule 10 (which provides for review by the Planning Tribunal).
Compare: 1991 No 69 s 120
155 Procedure for appeal
(1)
Notice of an appeal under section 154 must be in the prescribed form and—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations; and
(c)
be lodged with the Environment Court and served on the consent authority whose decision is appealed within 15 working days after receiving notice the decision in accordance with this Act.
(2)
The appellant must ensure that a copy of the notice of appeal is served on every person referred to in section 154(1) (other than the appellant) within 5 working days of the notice being lodged with the Environment Court.
Compare: 1991 No 69 s 121
Subpart 6—Nature of consents, commencement, duration and review
156 Consents not real or personal property
(1)
A planning consent is neither real nor personal property.
(2)
Unless the conditions of a consent expressly state otherwise,—
(a)
on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and the personal representative may deal with the consent to the same extent as the holder would have been able to do; and
(b)
on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and the Official Assignee may deal with the consent to the same extent as the holder would have been able to do; and
(c)
a consent must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988.
(3)
The holder of a planning consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.
(4)
The Personal Property Securities Act 1999 applies in relation to a planning consent—
(a)
as if the planning consent were goods within the meaning of that Act; and
(b)
the planning consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts); and
(c)
subject to the provisions of this Act, and in particular to subsection (3).
Compare: 1991 No 69 s 122
157 Planning consent prevails over specified instruments
(1)
A planning consent that is granted before one of the following instruments is made prevails over that instrument:
(a)
a stormwater environmental performance standard:
(b)
a wastewater environmental performance standard.
(2)
However, subsection (1) ceases to apply when—
(a)
the consent authority reviews the conditions of the planning consent under section 168(1)(c); and
(b)
the review results in either or both of the instruments listed in subsection (1) prevailing over the planning consent.
Compare: 1991 No 69 s 122A
Commencement
158 Commencement of consent
(1)
A planning consent that has been granted commences—
(a)
when the time for lodging an application for review or an appeal against the grant of the consent expires and no application or appeal has been lodged; or
(b)
if an application for a review or an appeal has been lodged,—
(i)
when the Planning Tribunal determines the review or the application is withdrawn; or
(ii)
when the Environment Court determines the appeals or all appellants withdraw their appeals; or
(c)
on a later date stated in the consent or any other date determined by the Planning Tribunal or Environment Court.
(2)
However, this section is subject to sections 159 to 162.
Compare: 1991 No 69 s 116(1)
159 Commencement of consent for non-notified application
(1)
This section applies to a planning consent that has been granted—
(a)
for a non-notified application; or
(b)
for a notified application where the time for lodging submissions has expired and—
(i)
no submissions are received; or
(ii)
all submissions received are withdrawn before a decision is made.
(2)
The planning consent commences on the date on which the consent authority gives notice of its decision on the application in accordance with the regulations, or on any later date stated in the consent, unless—
(a)
an appeal has been lodged, in which case section 158(1) applies:
(b)
an application to the Planning Tribunal for a review has been made under clause 14 of Schedule 10, in which case section 160 applies.
(3)
However, the reference to an application for a review in subsection (2)(b) does not include a third-party application to the Planning Tribunal under clause 17 of Schedule 10 to review a notification decision on a non-notified application.
Compare: 1991 No 69 s 116(1A)
160 Commencement of consent if request for review lodged
If an application to the Planning Tribunal for a review has been made under clause 14 of Schedule 10, the planning consent commences when the review, and any appeal, has been decided or withdrawn.
Compare: 1991 No 69 s 116(1AB)
161 Commencement of consent if section 112 applies
A planning consent to which section 112 applies does not commence,—
(a)
in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 289; or
(b)
in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under clause 72 of Schedule 7 in respect of the reclamation.
Compare: 1991 No 69 s 116(2)
162 Commencement if subject to grant of application to exchange recreation reserve land
If a planning consent is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977,—
(a)
the consent authority must notify the applicant when the procedures in sections 15 and 15AA of that Act are complete; and
(b)
the planning consent commences on—
(i)
the date of the notification under paragraph (a); or
(ii)
any later date that is specified in the notification.
Compare: 1991 No 69 s 116B
Duration
163 Duration of planning consent
(1)
The duration of a planning consent must be determined in accordance with this section.
(2)
The maximum period for which any of the following planning consents may be granted is 35 years from the date of commencement of the permit:
(a)
a planning consent for an activity that meets the requirements of a wastewater environmental performance standard or a stormwater environmental performance standard:
(b)
a planning consent for a wastewater treatment plant that meets the requirements of an infrastructure design solution.
(3)
The maximum period for which any other planning consent may be granted is unlimited.
(4)
This section is subject to section 165 (lapsing of consents).
Compare: 1991 No 69 s 123
164 Exercise of consent while applying for new consent
(1)
Subsection (3) applies when—
(a)
a planning consent is due to expire; and
(b)
the consent holder applies for a new consent for the same activity; and
(c)
the application is made to the appropriate consent authority; and
(d)
the application is made at least 6 months before the expiry of the existing consent.
(2)
Subsection (3) also applies when—
(a)
a planning consent is due to expire; and
(b)
the consent holder applies for a new consent for the same activity; and
(c)
the application is made to the appropriate consent authority; and
(d)
the application is made in the period that—
(i)
begins 6 months before the expiry of the existing consent; and
(ii)
ends 3 months before the expiry of the existing consent; and
(e)
the consent authority, in its discretion, allows the holder to continue to operate.
(3)
The holder of the planning consent may continue to operate under the existing consent until—
(a)
a new consent is granted and all appeals are determined; or
(b)
a new consent is declined and all appeals are determined.
(4)
The holder of a planning consent for an activity that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard may, if they make an application under subsection (1) or (2), continue to operate under an expired consent—
(a)
for the duration specified in the environmental performance standard; or
(b)
if the environmental performance standard does not specify a duration, until the date determined under subsection (3).
Compare: 1991 No 69 s 124
165 Lapsing of consent
(1)
A planning consent lapses on the date specified in the consent or, if no date is specified—
(a)
10 years after the date of commencement if the consent authorises a renewable energy activity; and
(b)
5 years after the date of commencement of the consent, in any other case.
(2)
However, a consent does not lapse under subsection (1) if, before the consent lapses,—
(a)
the consent is given effect to; or
(b)
an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
(i)
whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
(ii)
whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
(iii)
the effect of the extension on the outcomes and policies in a plan; and
(c)
in the case of a consent authorising a renewable energy activity, the consent authority decides at the consent holder’s request to shorten the period after which the consent lapses under subsection (1)(a).
(3)
A person may apply to the Planning Tribunal under clause 15 of Schedule 10 to review a decision to grant an extension under subsection (2)(b).
(4)
For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under clause 17 of Schedule 7, but lapses if the survey plan is not deposited in accordance with clause 23 of that schedule.
Compare: 1991 No 69 s 125
166 Cancellation of consent
(1)
A consent authority may cancel a planning consent by written notice served on the consent holder if the planning consent has been exercised in the past but has not been exercised during the preceding 5 years.
(2)
Subsection (1) does not apply if—
(a)
the planning consent expressly provides otherwise; or
(b)
within 3 months after service of the notice, the consent holder applies to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—
(i)
whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
(ii)
the effect of the revocation of the notice on the outcomes and policies in a plan.
Compare: 1991 No 69 s 126
167 Change or cancellation of consent condition on application by consent holder
(1)
A consent holder may apply to a consent authority for a change or cancellation of a condition of the consent if—
(a)
the proposed change or cancellation does not relate to the duration of the consent; and
(b)
in the case of a subdivision consent, the consent holder applies under this section before the deposit of the survey plan.
(2)
Subparts 1 to 5 of this Part apply, with all necessary modifications, as if—
(a)
the application were an application for a planning consent for a discretionary activity; and
(b)
the references to a planning consent and to the activity were references only to—
(i)
the change or cancellation of a condition; and
(ii)
the effects of that change or cancellation.
(3)
For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who—
(a)
made a submission on the original application; and
(b)
may be affected by the change or cancellation.
Compare: 1991 No 69 s 127
Review of consent conditions by consent authority
168 Circumstances when consent conditions can be reviewed
(1)
A consent authority may, in accordance with section 169, serve notice on a consent holder of its intention to review the conditions of a planning consent—
(a)
at any time or times specified in the consent for any of the following purposes:
(i)
to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or
(ii)
for any other purpose specified in the consent; or
(b)
if the consent authority determines that the holder of the consent has contravened a condition of the consent; or
(c)
in the case of a planning consent for an activity that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard, when the environmental performance standard has been made or amended; or
(d)
if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions.
(2)
A consent authority must, in accordance with section 169, serve notice on a consent holder of its intention to review the conditions of planning consent if required by an order made by the Environment Court under section 256(6)(b).
Compare: 1991 No 69 s 128
169 Notice of review
(1)
A notice of intent to review the conditions of a consent under section 168—
(a)
must advise the consent holder of the conditions of the consent which are the subject of the review; and
(b)
must state the reasons for the review; and
(c)
must specify the information which the consent authority took into account in making its decision to review the consent, unless the notice is given under section 114(1)(a) or (2); and
(d)
must advise a consent holder by whom a charge is payable under the regulations in relation to the review—
(i)
of the fact that the charge is payable; and
(ii)
of the estimated amount of the charge; and
(e)
may propose, and invite the consent holder to propose within 20 working days of service of the notice, new consent conditions.
(2)
If notification of the review is required under section 170, the notification must include a summary of the notice served under this section, and the notification must be served within—
(a)
30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or
(b)
10 working days after the service of the notice (if the consent holder is not invited to propose new conditions).
Compare: 1991 No 69 s 129
170 Public notification, submissions, and hearing, etc
(1)
Sections 131 to 136 apply, with all necessary modifications, in respect of a review of any planning consent as if—
(a)
the notice of review under section 169 were an application for a planning consent; and
(b)
the consent holder were the applicant for the planning consent.
(2)
Sections 123 to 130 apply, with all necessary modifications, as if—
(a)
the review of consent conditions were an application for a planning consent for a discretionary activity; and
(b)
the references to a planning consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively.
Compare: 1991 No 69 s 130
171 Matters to be considered in review
When reviewing the conditions of a planning consent, the consent authority—
(a)
must have regard to the matters in subpart 4 and to whether the activity allowed by the consent will continue to be viable after the change; and
(b)
in the case of a review under section 168(2), must have regard to any reasons that the court provided for making the order requiring the review; and
(c)
may have regard to the manner in which the consent has been used.
Compare: 1991 No 69 s 131
172 Decisions on review of consent conditions
(1)
A consent authority may change the conditions of a planning consent on a review under section 168 if 1 or more of the circumstances specified in that section applies.
(2)
Subparts 4 and 5 apply, with all necessary modifications, to a review under section 168 as if—
(a)
the review were an application for a planning consent; and
(b)
the consent holder were an applicant for a planning consent.
(3)
A consent authority may cancel a planning consent if—
(a)
it reviews the consent under section 168(1)(d); and
(b)
the application for the consent contained inaccuracies that the authority considers materially influenced the decision made on the application; and
(c)
there are significant adverse effects on the built environment resulting from the exercise of the consent.
(4)
A consent authority may also cancel a planning consent if—
(a)
it reviews the consent under section 168(2); and
(b)
there are significant adverse effects on the built environment resulting from the exercise of the consent.
Compare: 1991 No 69 s 132
173 Powers under Part 6 not affected
Nothing in sections 167 to 172 limits the power of the Environment Court to change or cancel a planning consent by an enforcement order under Part 6.
Compare: 1991 No 69 s 133
174 Minor corrections of planning consents
A consent authority that grants a planning consent may, within 20 working days of the grant, issue an amended consent that corrects minor mistakes or defects in the consent.
Compare: 1991 No 69 s 133A
Transfer and surrender
175 Land use and subdivision consents attach to land
A land use consent and a subdivision consent attaches to the land to which the consent relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the consent expressly provides otherwise.
Compare: 1991 No 69 s 134
176 Surrender of consent
(1)
The holder of a planning consent may surrender the consent, either in whole or in part, by giving written notice to the consent authority.
(2)
A consent authority may refuse to accept the surrender of part of a planning consent where it considers that the surrender of that part would—
(a)
affect the integrity of the consent; or
(b)
affect the ability of the consent holder to meet other conditions of the consent; or
(c)
lead to an adverse effect on the built environment.
(3)
A person who surrenders a planning consent remains liable under this Act—
(a)
for any breach of conditions of the consent that occurred before the surrender of the consent; and
(b)
to complete any work to give effect to the consent unless the consent authority directs otherwise in its notice of acceptance of the surrender under subsection (4).
(4)
A surrender of a planning consent takes effect on receipt by the holder of a notice of acceptance of the surrender from the consent authority.
Compare: 1991 No 69 s 138
Subpart 7—Miscellaneous
Processes relating to activities that do not require planning consent
177 Consent authority may treat certain activities as permitted activities
(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, regulations, a land use plan, or a proposed land use plan; and
(b)
any adverse effects of the activity on the built environment 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 adverse effects of the activity on a person are minor or less than minor; and
(d)
the consent authority, in its discretion, decides to notify the person proposing to undertake the activity 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 planning 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 planning 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
178 Certificate of compliance where activity does not require consent
(1)
A person may apply to the consent authority for a certificate of compliance in relation to an activity that can be done lawfully in a particular location without a planning consent.
(2)
A certificate states that the activity can be done lawfully in a particular location without a planning consent.
(3)
The authority may, within 15 working days of receiving an application, require the person to provide further information if the authority considers that the information is necessary for the purpose of applying subsection (4).
(4)
The authority must issue the certificate—
(a)
if the activity can be done lawfully in the particular location without a planning consent; and
(b)
if the person pays the appropriate administrative charge; and
(c)
in accordance with any other prescribed requirements.
(5)
The authority must not issue a certificate if—
(a)
the request for a certificate is made after a proposed land use plan is notified; and
(b)
the activity could not be done lawfully in the particular location without a planning consent under the proposed plan.
(6)
The authority must not issue a certificate if a notice for the activity is in force under section 177(1)(d).
(7)
Clause 14 of Schedule 10 applies to a request for a certificate.
(8)
A certificate is treated as if it were an appropriate planning consent that—
(a)
contains the conditions specified in an applicable national rule; and
(b)
contains the conditions specified in an applicable land use plan.
(9)
A certificate treated as a planning consent is subject to sections 20, 21, and 23.
(10)
A certificate treated as a planning consent is subject to this Act as if it were a planning consent, except that the only sections in this Part that apply to it are sections 154 to 157, 165, and 175.
(11)
In this section, activity includes a particular proposal.
Compare: 1991 No 69 s 139
179 Existing use certificates
(1)
A person may request the consent authority to issue a certificate that—
(a)
describes a use of land in a particular location; and
(b)
states that the use of the land was a use of land allowed by section 20 on the date on which the authority issues the certificate; and
(c)
specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.
(2)
A person may request the consent authority to issue a certificate that—
(a)
describes an activity to which section 23 applies; and
(b)
states that the activity was an activity allowed by section 23 on the date on which the authority issues the certificate; and
(c)
specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and
(d)
describes the period for which the activity is allowed under section 23.
(3)
The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.
(4)
The consent authority must issue a certificate under subsection (1) if it—
(a)
is satisfied that the use of the land is a use of land allowed by section 20 on the date on which the authority issues the certificate; and
(b)
receives payment of the appropriate administrative charge.
(5)
The consent authority must issue a certificate under subsection (2) if it—
(a)
is satisfied that the activity is an activity allowed by section 23 on the date on which the authority issues the certificate; and
(b)
receives payment of the appropriate administrative charge.
(6)
Subsection (7) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.
(7)
The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.
(8)
An existing use certificate is treated as an appropriate planning consent, and it is subject to this Act as if it were a planning consent, except that the only provisions of this Part that apply to it are sections 154 to 157.
(9)
A person may apply to the Planning Tribunal under clause 14 of Schedule 10 for a review of the consent authority’s issue or revocation of an existing use certificate.
Compare: 1991 No 69 s 139A
180 Notification and registration of activity subject to permitted activity rule
(1)
This section applies to a person proposing to carry out an activity in accordance with a permitted activity rule that requires an activity to be registered (see section 38).
(2)
The person must, in writing,—
(a)
notify the relevant consent authority that they propose to carry out a permitted activity in accordance with the permitted activity rule; and
(b)
include in the notification—
(i)
a description of how any conditions set by the permitted activity rule will be met; and
(ii)
any other information required by the permitted activity rule.
(3)
The consent authority must, within 10 working days of receiving the notification,—
(a)
determine, on the information provided, whether the permitted activity rule will be met; and
(b)
notify the person of that determination.
(4)
If the consent authority determines that the permitted activity rule will be met, the consent authority must—
(a)
register the activity; and
(b)
carry out any monitoring of the activity required to ensure that the permitted activity rule is met.
Other provisions relating to subdivision and reclamation
181 Schedule 7 applies to subdivision or reclamation
(1)
Schedule 7 sets out further provisions that relate to:
(a)
subdivision under this Act; and
(b)
reclamation under the Natural Environment Act 2025.
(2)
By way of overview,—
(a)
Part 1 of Schedule 7 sets out further provisions relating to conditions of subdivision consents:
(b)
Part 2 of Schedule 7 sets out the process for approving and depositing survey plans, and related provisions, which is necessary for title to be issued for subdivided land:
(c)
Part 3 of Schedule 7 sets out provisions relating to esplanade reserves, esplanade strips, and access strips:
(d)
Part 4 of Schedule 7 provides for compensation to the registered owner of an allotment in certain circumstances, relating to when—
(i)
land is required to be set aside as an esplanade reserve; or
(ii)
an esplanade strip is required; or
(iii)
the bed or a river or lake is required to vest in a territorial authority or the Crown; or
(iv)
land in the costal marine area is required to become part of the common marine and coastal area:
(e)
Part 5 of Schedule 7 sets out the process for approving and depositing reclamation plans, and related provisions, which is necessary for title to be issued for land that is created following a reclamation under the Natural Environment Act 2025.
Part 5 Key roles
Subpart 1—Functions and powers of central and local government
Ministerial functions
182 Functions of Minister
The Minister has the following functions under this Act:
(a)
the recommendation of the issue of national direction under section 50:
(b)
the recommendation of the making of national standards:
(c)
the approval of an applicant as a designating authority under clause 10 or 11 of Schedule 5:
(d)
monitoring the performance of the systems under this Act and the Natural Environment Act 2025, including the functions, duties, and powers exercised by any person under those Acts:
(e)
monitoring the implementation and effect of this Act (including any regulations in force under it), national policy direction, and national standards:
(f)
monitoring the relationship between the functions, powers, and duties of central government and local government under this Part:
(g)
the consideration and investigation of the use of economic instruments (including charges, levies, other fiscal measures, and incentives) to achieve the purpose of this Act:
(h)
any other functions specified in this Act.
Compare: 1991 No 69 s 24
183 Minister of Conservation has certain powers of local authority
(1)
The Minister of Conservation has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the responsibilities, duties, and powers that a regional council would have under section 222(4) if those coastal marine areas were within the region of that regional council.
(2)
The Minister of Conservation may exercise, in respect of the islands specified in subsection (1), the responsibilities, duties, and powers that a regional council would have under this Act if those islands were within the region of that regional council.
(3)
The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act.
Compare: 1991 No 69 s 31A(1)(a), (b)(i), (3)
Functions, powers, and responsibilities of territorial authorities
184 Overview of responsibilities of territorial authorities
(1)
Every territorial authority must enable and regulate the use and development of land within its district, including subdivision and activities on the surface of water bodies.
(2)
In undertaking its responsibilities subsection (1), a territorial authority must regulate and manage the following matters:
(a)
the outstanding natural features and landscapes:
(b)
areas of high natural character within the coastal environment, wetlands, lakes, rivers and their margins:
(c)
public access to and along the coastal marine area, lakes, and rivers:
(d)
effects of natural hazards as they relate to land use:
(e)
contaminated land:
(f)
significant historical heritage:
(g)
the development capacity of land for housing and business; and
(h)
the integration of land use planning with infrastructure planning and investment.
(3)
The matters described in subsection (2) that are wholly within the coastal marine area are the responsibility of the regional council rather than of the territorial authority under this Act.
(4)
However, the matters that are the responsibility of the regional council under subsection (3) do not include the matters described in subsection (2)(c) and (h).
185 Functions of territorial authorities
(1)
Every territorial authority has the following functions:
Planning and related functions
(a)
making and maintaining a land use plan for the district; and
(b)
administering and implementing the land use plan for its district, including—
(i)
acting as a consenting authority for its district; and
(ii)
undertaking monitoring, enforcement and compliance actions as required to achieve compliance with this Act, national standards, regulations made under this Act, and the provisions of the land use plan; and
(iii)
monitoring the implementation and effectiveness of the regulatory plan; and
(c)
jointly with the regional council within whose region the territorial authority is located, making and maintaining a spatial plan for the region; and
(d)
regulating and managing effects in accordance with subpart 1 of Part 2; and
(e)
any other functions or responsibilities specified in this Act or in the Natural Environment Act 2025.
Monitoring
(2)
In addition to those responsibilities of a territorial authority, territorial authorities have the responsibility to monitor compliance with standards, rules, and permits and responding proportionately, consistently, and reasonably to non-compliance using the functions and powers available to them under this Act, so as to promote compliance in a way that gives effect to the purpose, goals, and procedural principles of this Act.
Compare: 1991 No 69 s 35
186 Information gathering, monitoring, and keeping records
(1)
Every territorial authority must gather the information necessary to carry out effectively its functions and responsibilities under this Act or regulations under this Act and undertake or commission any research required for that purpose.
(2)
Every territorial authority must also monitor the whole or any part of its district—
(a)
to the extent that is appropriate to enable the territorial authority effectively to carry out its functions and responsibilities under this Act; and
(b)
in accordance with any indicators or other matters prescribed by regulations made under this Act.
(3)
Monitoring must also include consideration of the following:
(a)
the efficiency and effectiveness of rules or other methods in the regional plan; and
(b)
the exercise of any functions and responsibilities under the plan or delegated or transferred by the territorial authority; and
(c)
the efficiency and effectiveness of processes used by the territorial authority in exercising its powers or performing its functions and responsibilities (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, and responsibilities are exercised or performed; and
(d)
the exercise of the consents that have effect in its district.
(4)
If monitoring shows that action is needed, a territorial authority must take appropriate action in accordance with any regulations, having regard to the methods it is able to use under this Act.
Compare: 1991 No 69 s 35(1), (2), (2AA)
187 Further monitoring requirements
(1)
Every territorial authority must, at intervals of not more than 5 years, compile and publish on its internet site a review of the results of the monitoring undertaken under this section and section 186.
(2)
A territorial authority must also keep, in reasonably accessible form at all of its offices, the information relevant to administering its plan, monitoring resource consents applying in the district, and current issues relating to the environment, so that members of the public—
(a)
are better informed of their duties and of the functions and responsibilities of the territorial authority; and
(b)
are able to participate effectively under this Act.
(3)
The information required by subsection (2) includes—
(a)
copies of the operative and proposed plan of the district, including proposed designations and any operative and proposed changes to those documents; and
(b)
copies of documents or other material incorporated by reference in a plan; and
(c)
copies of decisions relating to submissions on a proposed plan; and
(d)
copies of the operative and proposed plans for the other territorial authorities in the region of which its district forms a part: and
(e)
copies of every national instrument; and
(f)
a record of the following received by, or granted by, the territorial authority in relation to the district:
(i)
the applications for resource consents; and
(ii)
the decisions made under sections 115, 123 to 130, and 284; and
(iii)
the resource consents granted within the district; and
(iv)
the resource consents transferred; and
(g)
a summary of the written complaints received in the preceding 5 years on alleged breaches of the Act or a plan and how each complaint was dealt with; and
(h)
records of natural hazards, to the extent that the territorial authority considers appropriate for the effective discharge of its functions and responsibilities; and
(i)
any other information the territorial authority has gathered under this section.
Compare: 1991 No 69 s 35(2A)–(5)
188 Duty to keep records about iwi and hapū
(1)
Every territorial authority must, for the purposes of this Act or regulations made under this Act, keep and maintain for each iwi and hapū within its district, a record of—
(a)
the contact details for each iwi authority within the district and for groups within the district representing hapū; and
(b)
the planning documents recognised by each iwi authority and lodged with the territorial authority; and
(c)
any area in the district where 1 or more iwi or hapū exercise kaitiakitanga; and
(d)
any existing or initiated Mana Whakahono a Rohe applying in the region.
(2)
For the purposes of subsection (1)(a) and (c), the Crown must provide to each territorial authority information on—
(a)
the iwi authorities within the region of which the territorial authority is a part and any areas where 1 or more iwi exercise kaitiakitanga; and
(b)
any groups that represent hapū for the purposes of this Act within the district and any areas where 1 or more hapū exercise kaitiakitanga; and
(c)
the matters provided for in paragraphs (a) and (b) that the territorial authority has advised to the Crown.
(3)
Each territorial authority—
(a)
must include in its records all the information provided to it by the Crown under subsection (2); and
(b)
may also keep a record of information relevant to the district—
(i)
about 1 or more iwi, obtained directly from the relevant iwi authority representing the iwi for the purposes of this Act or regulations made under this Act; and
(ii)
about 1 or more hapū, obtained directly from the relevant group representing the hapū for the purposes of this Act.
(4)
In this section the requirement under subsection (1) does not apply to hapū unless a hapū, though its representative group, requests the Crown or the territorial authority to include the information for that hapū.
(5)
If the information recorded in accordance with subsection (1) conflicts with a provision of another enactment, or advice given or determination made under the other enactment, the provision, advice, or determination under the other enactment, prevails.
(6)
Information kept and maintained by a territorial authority under this section must not be used by the council except for the purposes of this Act.
(7)
Information required to be provided under this section must be provided in accordance with any prescribed requirements.
Compare: 1991 No 69 s 35A
189 Obligations relating to statutory acknowledgements
Every territorial authority must ensure that, in undertaking its planning and other functions and responsibilities under this subpart, its ability to fulfil the obligations relating to any statutory acknowledgements applying within, or in any part of, its district is not impeded.
190 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 relevant information relating to a consent application for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; but
(b)
the requirement no longer applies (for example, because the period specified in the legislation has expired).
(2)
The consent authority must provide the post-settlement governance entity with relevant information relating to a consent application.
(3)
In this section, relevant information means the following information relating to an application for an activity with, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:
(a)
a summary of the application, if the application is received by the consent authority; or
(b)
a copy of the notice, if a notice is served on the consent authority under this section.
(4)
The summary must be the same as would be given to an affected person under section 125 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 reasonably practicable after the consent authority receives the application for the permit; but
(ii)
before the relevant consent authority decides under section 123 whether to notify the application; and
(b)
with a 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 the 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 obligations of the consent authority to decide,—
(a)
under section 123, whether to notify an application:
(b)
under section 128, whether the post-settlement governance entity is an affected person 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.
Compare: 1991 N0 69 s 42AA
Administrative charges
191 Administrative charges
(1)
A territorial authority may fix charges of all or any of the following kinds:
(a)
charges payable in relation to any application, notice, or request under this Act where the territorial authority or an independent hearings panel has functions under this Act in relation to the application, notice, or request:
(b)
charges payable to recover the costs of the carrying out by the territorial authority of its functions, duties, or powers under this Act:
(c)
charges payable by a person who, in the opinion of an enforcement officer, has contravened this Act, a national environmental standard, a regulation, a rule in a plan, or a natural resource permit, for the carrying out by the territorial authority of any function necessary to determine whether the contravention has occurred:
(d)
charges authorised by regulations.
(2)
Charges must be fixed in accordance with requirements prescribed in regulations.
Compare: 1991 No 69 s 36
192 Other matters relating to administrative charges
(1)
A territorial authority may waive the whole or any part of any charge of a kind referred to in section 191 that would be payable in any particular case.
(2)
Where a charge of a kind referred to in section 191 is payable to a territorial authority, the territorial authority need not perform the action to which the charge relates until the charge has been paid to it in full.
(3)
However, subsection (2) does not apply to a charge to which section 191(1)(a) applies in relation to an independent hearings panel.
(4)
A territorial authority must publish and maintain, on an internet site to which the public has free access, an up-to-date list of charges fixed under section 191.
Compare: 1991 No 69 s 36AAB
Transfer and delegation of functions, powers and responsibilities
193 Transfer of powers
(1)
A territorial authority may transfer any of its functions, powers, or responsibilities under this Act to another public authority in accordance with this section.
(2)
For the purposes of this section, public authority means the following:
(a)
a local authority; and
(b)
a government department; and
(c)
a joint committee; and
(d)
a local board.
(3)
A territorial authority may transfer any function, power, or responsibility, but only if both authorities concerned agree—
(a)
the terms and conditions of the transfer; and
(b)
that the authority to which the transfer is made represents the appropriate community of interest for the exercise or performance of the function, power, or responsibility being transferred; and
(c)
that the transfer is desirable on the grounds of efficiency and technical or special capability or expertise.
(4)
A public authority to which a transfer is made under this section may accept the transfer unless it is expressly precluded by the terms of any Act by or under which it is constituted, but if a transfer is made, the functions, powers, and responsibilities of the public authority are to be treated as having been extended as necessary to enable the public authority to undertake, exercise, and perform the transferred function, power, or responsibility.
(5)
A local authority that has transferred a function, power, or responsibility under this section may change or revoke the transfer at any time by notice to the transferee.
(6)
A public authority to which a function, power, or responsibility has been transferred under this section may relinquish the transfer in accordance with the transfer agreement.
Compare: 1991 No 69, s 33(1), (2), (6)–(9)
Delegation
194 Delegation of functions etc
(1)
A territorial authority may delegate any of its functions, powers, or responsibilities to any committee of the council established under the Local Government Act 2002.
(2)
Before a final decision is made approving a plan or change to a plan, a unitary authority may delegate to a local board any of its functions, powers, or responsibilities relating to a matter of local significance, other than the approval of a plan or a change to a plan.
(3)
A delegation may be—
(a)
made on the terms and conditions that the territorial authority thinks fit; and
(b)
revoked at any time by notice to the delegate.
Compare: 1991 No 69 s 34(1), (3A), (3B), (7)
195 Presumptions applying to delegations
(1)
Unless the instrument of delegation provides otherwise, a person to whom a function, power, or responsibility has been delegated under this section may exercise or perform the function, power, or duty in the same way and to the same effect as the territorial authority itself could have exercised or performed the function, power, or responsibility.
(2)
A person authorised under this section to act under a delegation is presumed to act in accordance with the terms of the delegation, unless there is proof to the contrary.
(3)
A delegation under this section does not affect the performance or exercise of any function, power, or responsibility by the territorial authority.
Compare: 1991 No 69 s 34(8)–(10)
196 Delegation to employees and others
(1)
A territorial authority may delegate to an employee or hearings commissioner appointed by the territorial authority any function, power, or responsibility under this Act except—
(a)
the power to approve a plan under Schedule 2 or 3; or
(b)
this power of delegation.
(2)
A territorial authority may delegate any function, power, or responsibility to any other person except—
(a)
the powers referred to in subsection (1)(a) and (b); or
(b)
a decision on an application for a resource consent.
(3)
Subsection (1) or (2) does not prevent a territorial authority from delegating to any person the power to do anything referred to in those subsections before a final decision has been made on those actions.
(4)
Sections 194(3) and 195 apply to a delegation made under this section.
Compare: 1991 No 69 s 34A(1), (2), (4), (5)
Joint management agreement
197 Power to make joint management agreement
(1)
A territorial authority that wants to enter into a joint management agreement must—
(a)
notify the Minister of its wish; and
(b)
satisfy itself—
(i)
that for the purposes of this Act the public authority that would be a party to the joint management agreement—
(A)
represents the relevant community of interest; and
(B)
has the technical or special capability or expertise to perform or exercise the function, power, or responsibility jointly with the territorial authority; and
(ii)
that a joint management agreement is an efficient method of performing or exercising the function, power, or responsibility; and
(c)
include in the joint management agreement details of—
(i)
the resources that will be required for the administration of the agreement; and
(ii)
how the administrative costs of the joint management agreement will be met.
(2)
A territorial authority that complies with subsection (1) may enter into a joint management agreement.
Compare: 1991 No 69 s 36B
198 Territorial authority may act alone
(1)
This section applies if a joint management agreement requires the parties to perform or exercise a specified function, power, or responsibility together.
(2)
The territorial authority may perform or exercise the specified functions, power, or responsibility by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or responsibility and the joint management agreement does not provide a method for the making of that kind of decision.
Compare: 1991 No 69 s 36C
199 Effect of joint management agreement
A decision made under a joint management agreement has legal effect as the decision of the territorial authority.
Compare: 1991 No 69 s 36D
200 Termination of joint management agreement
Any party to a joint management agreement may terminate the agreement by giving the other parties 20 working days’ notice.
Subpart 2—Ministerial intervention
Central government
201 Power of Minister to investigate and make recommendations
(1)
The Minister may—
(a)
investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act; and
(b)
make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and
(c)
investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act; and
(d)
make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties.
(2)
The Minister may—
(a)
specify a time frame within which a local authority must respond to a ministerial recommendation and a format for that response; and
(b)
require a local authority to respond within the specified time frame.
Compare: 1991 No 69 s 24A
202 Residual powers of Minister
(1)
If any local authority is not exercising or performing any of its functions, powers, or duties under this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.
(2)
The Minister must not make an appointment under subsection (1) until—
(a)
the Minister has investigated the local authority under section 201; and
(b)
the Minister has made recommendations to the local authority under section 201(1)(b) or (d); and
(c)
the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and
(d)
the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties under this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.
(3)
Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act apply accordingly.
(4)
All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, are recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.
Compare: 1991 No 69 s 25
203 Minister may direct preparation of plan, document, change, or variation
(1)
The Minister—
(a)
may direct a territorial authority—
(i)
to prepare a land use plan that addresses a planning or land use issue relating to a function in section 185; or
(ii)
to prepare a change to its land use plan that addresses the issue; or
(iii)
to prepare a variation to its proposed land use plan that addresses the issue; and
(b)
must, in giving a direction, specify a reasonable period within which the change or variation must be notified.
(2)
However, the Minister must not issue a direction under subsection (1) unless—
(a)
the Minister has investigated the territorial authority under section 201(1)(a) or (c) in relation to the planning or land use issue; and
(b)
the Minister has made recommendations to the territorial authority under section 201(1)(b) or (d) in relation to the planning or land use issue.
(3)
The Minister is not required to comply with the requirement in subsection (2)(a) if the Minister has reasonable evidence that a territorial authority is not exercising or performing the relevant functions, powers, or duties under this Act.
(4)
In subsection (3), reasonable evidence means—
(a)
the territorial authority has published 1 or more of the following, which establish that it does not intend to exercise or perform the relevant functions, powers, or duties:
(i)
a resolution:
(ii)
a written statutory document; or
(b)
there is evidence of the territorial authority’s failure to comply with statutory time frames in this Act.
(5)
If a national direction requires a territorial authority to prepare a document other than a plan or policy statement and the authority has not prepared the document as required, the Minister—
(a)
may direct the authority to—
(i)
prepare the document; or
(ii)
amend the document to meet the requirements of the national direction; and
(b)
must, in giving a direction, specify a reasonable period within which the document must be prepared or amended.
(6)
The Minister—
(a)
may direct a territorial authority to—
(i)
prepare a plan change or variation to address any non-compliance with a national direction; and
(ii)
use the planning process under this Act to prepare the plan change or variation; and
(b)
must, in giving a direction, specify a reasonable period within which the plan change or variation must be notified.
(7)
However, the Minister must not make a direction under subsection (5) or (6) unless—
(a)
the Minister has investigated the territorial authority under section 201(1)(c) in relation to the non-compliance with the national policy statement; and
(b)
the Minister has made recommendations to the territorial authority under section 201(1)(d) in relation to that non-compliance.
Compare: 1991 No 69 s 25A
204 Minister may direct local authority to achieve outcome
(1)
The Minister may direct a local authority to take any action that the Minister considers necessary to achieve an outcome specified by the Minister in the direction.
(2)
However, the Minister must not issue a direction under subsection (1) unless—
(a)
the Minister has investigated the local authority under section 201(1)(a) or (c) in relation to the outcome; and
(b)
the Minister has made recommendations to the local authority under section 201(1)(b) or (d) in relation to the outcome.
(3)
The Minister is not required to comply with the requirement in subsection (2)(a) if the Minister has reasonable evidence that a local authority is not exercising or performing the relevant functions, powers, or duties under this Act.
(4)
In subsection (3), reasonable evidence means—
(a)
the local authority has published 1 or more of the following, which establish that it does not intend to exercise or perform the relevant functions, powers, or duties:
(i)
a resolution:
(ii)
a written statutory document; or
(b)
there is evidence of the local authority’s failure to comply with statutory time frames in the Act.
205 Minister may direct commencement of review
(1)
The Minister may direct a territorial authority to commence a review of the whole or any part of its land use plan and, if they do so, must specify a reasonable period within which the review must commence.
(2)
For the purpose of subsection (1), section 99(2) to (4) applies to the review with any necessary modification.
Compare: 1991 No 69 s 25B
206 Requirements related to ministerial directions
(1)
If the Minister makes a direction under section 203 or 205, the Minister must in writing—
(a)
provide the local authority with the reasons for issuing the direction; and
(b)
issue a statement to the local authority outlining any outcomes sought by the direction; and
(c)
require the local authority to confirm in writing when they have given effect to the direction; and
(d)
make their reasons, statement, and the local authority response publicly available.
(2)
If the Minister makes a direction under section 204, the Minister must, in addition to the requirements in subsection (1), require in writing the local authority to—
(a)
respond within 20 working days; and
(b)
outline how they intend to give effect to the direction.
207 Minister may require local authorities to supply information
(1)
The Minister may require the bodies described in subsection (2) to supply the information described in subsection (3).
(2)
The bodies are—
(a)
a local authority; and
(b)
a core infrastructure operator approved as a designating authority.
(3)
The information is information to which all the following apply:
(a)
it is about the body’s exercise of any of its functions, powers, or duties under this Act; and
(b)
it is held by the body; and
(c)
it may reasonably be required by the Minister.
(4)
The Minister must require the information in a notice that—
(a)
is in writing; and
(b)
is dated.
(5)
The body—
(a)
must supply the Minister with the information within—
(i)
20 working days of the date of the notice; or
(ii)
a longer time set by the Minister; and
(b)
must not charge the Minister for the supply.
Compare: 1991 No 69 s 27
208 Restriction on ministerial direction
The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of the EPA’s functions under section 220.
Delegations
209 Delegation of functions by Ministers
(1)
Any Minister of the Crown may, generally or particularly, delegate to the chief executive of that Minister’s department in accordance with clause 5 of Schedule 6 of the Public Service Act 2020, any of that Minister’s functions, powers, or duties under this Act other than the following:
(a)
appointing persons to exercise powers or perform functions or duties in place of a local authority under section 202:
(b)
recommending the making of a national instrument under section 50:
(c)
recommending the approval, change, or revocation of a national policy direction under section 50:
(d)
recommending the making of regulations under this Act:
(e)
recommending the making of an Order in Council under this Act:
(f)
issuing directions in relation to the exercise of a local authority’s functions, powers, or duties under this Act:
(g)
approving an applicant as a designating authority under clause 10 or 11 of Schedule 5]:
(h)
this power of delegation.
(2)
A chief executive may, in accordance with clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, subdelegate any function, power, or duty delegated to them by a Minister under clause 5 of that schedule.
(3)
Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 or 6 of Schedule 6 of the Public Service Act 2020, as the case may be.
Subpart 3—System performance
System performance framework
210 System performance framework
(1)
The chief executive must prepare and maintain a system performance framework (the framework).
(2)
The purpose of the framework is to maintain regular strategic oversight of the system by—
(a)
improving understanding of whether and to what extent legislative and system outcomes are achieved; and
(b)
enabling continuous evidence-based improvements to the operation and implementation of the system; and
(c)
supporting continuous improvement in the way in which the legislation is implemented; and
(d)
establishing a process to identify and respond to emerging system-wide issues, including national direction outcomes.
(3)
The framework must set out—
(a)
key system performance indicators; and
(b)
the holders of the information that the chief executive will use to inform their understanding of the indicators; and
(c)
matters to be addressed in system performance reports; and
(d)
the process for developing reports and reviews under sections 212 to 214; and
(e)
any other matters that the chief executive considers relevant or necessary.
(4)
When preparing or updating the system performance framework, the chief executive must consult—
(a)
the Minister on the key system performance indicators to ensure that the framework addresses any particular areas of interest for the Minister; and
(b)
other relevant agencies on the key system performance indicators to ensure that—
(i)
the framework addresses any particular areas of interest for those agencies; and
(ii)
the agencies can support the chief executive to gather relevant data efficiently and can support necessary system improvements; and
(c)
Māori groups that the chief executive considers to be representative of relevant interests; and
(d)
any other stakeholders or interested parties that the chief executive considers appropriate or relevant.
(5)
The chief executive must publish the framework on an internet site.
Compare: 2023 No 46 s 772
211 Collection of data in support of system performance
(1)
The chief executive may collect data for the purposes described in subsection (2) from an entity that performs or exercises functions, powers, or duties under this Act.
(2)
Data may be collected to enable more efficient and effective system performance, including data that supports—
(a)
the system performance framework (indicators, reporting, and reviews); and
(b)
digital platforms, systems, and tools, including plans and consenting documents; and
(c)
strategic reviews; and
(d)
independent reviews.
(3)
The chief executive may specify—
(a)
the form, manner, and time frame in which an entity must provide data; and
(b)
if the same data is to be provided on a regular basis, the frequency of provision of the data.
(4)
In this Part, entity includes—
(a)
a person contracted by a local authority; and
(b)
a designating authority; and
(c)
an independent hearings panel.
System performance reporting
212 Chief executive must produce system performance report every 3 years
(1)
The chief executive must produce a system performance report every 3 years.
(2)
The system performance report must—
(a)
give effect to the purpose of the system performance framework; and
(b)
address the matters required to be addressed by the system performance framework; and
(c)
provide advice on—
(i)
interventions outside of the control of regional councils to manage environmental limits in an efficient and effective way, and whether additional Government intervention is recommended: and
(ii)
interventions that regional councils can implement to manage environmental limits; and
(d)
set out the findings of the report.
(3)
The chief executive must make reasonable endeavours to consult—
(a)
Māori groups that the chief executive considers to be representative of relevant interests on the preparation and content of the system performance report; and
(b)
if the report addresses system performance in relation to a particular locality, relevant iwi and hapū on content of the report affecting that locality.
(4)
The chief executive must—
(a)
provide the report to the Minister as soon as practicable after its completion; and
(b)
make the report publicly available no later than 20 working days after it is provided to the Minister.
Strategic reviews
213 Chief executive may undertake strategic review
(1)
The chief executive may undertake a strategic review of a matter to give effect to the purpose of the system performance framework—
(a)
at the request of the Minister; or
(b)
at the request of 1 or more entities performing or exercising functions, duties, or powers under this Act; or
(c)
identified in a system performance report or an independent review; or
(d)
on their own initiative.
(2)
If the chief executive receives more than 1 related requests, the chief executive must consider dealing with those requests in a single strategic review.
(3)
When preparing a strategic review, the chief executive must, if the review focuses on a particular locality, make reasonable endeavours to identify and consult relevant iwi and hapū.
(4)
The chief executive must—
(a)
provide a draft of the strategic review report to the chief executives of any agencies that have been involved in the development of the report; and
(b)
allow a reasonable period for those chief executives to comment before it is finalised.
(5)
The chief executive must—
(a)
provide a report of the review to the Minister as soon as practicable after its completion; and
(b)
if the chief executive considers, following consultation described in subsection (3) that it is in the interest of supporting learning and continuous improvement, make the review publicly available no later than 20 working days after it is provided to the Minister.
Independent reviews
214 Minister may request independent review
(1)
The Minister may request an entity to undertake an independent review of the overall performance of the system under this Act, including all persons exercising powers, duties, and functions under this Act, at any time.
(2)
An independent review must—
(a)
provide a view of whether and how system outcomes are being achieved, who or what is driving those outcomes, and where targeted actions or interventions may be required; and
(b)
provide recommendations to the Minister in a report.
(3)
The Minister must publish the report on an internet site within 3 months of receiving it.
(4)
The Minister must consider whether to request an independent review at least every 10 years, taking into account—
(a)
the advice of the chief executive; and
(b)
the findings of previous system performance reports and strategic reviews.
Subpart 4—Environment Court and Planning Tribunal
215 Provisions applying to Environment Court
Schedule 9 of the Planning Act 2025 applies to the Environment Court and its proceedings.
216 Provisions applying to Planning Tribunal
Schedule 10 of the Planning Act 2025 applies in relation to the Planning Tribunal, its establishment, and its proceedings.
Part 6 Enforcement and other matters
Subpart 1—Enforcement
Duty to provide information
217 Duty to give certain information
(1)
This section applies if an enforcement officer has reasonable grounds to believe that a person (person A) is breaching, or has breached, an obligation under or provision of this Act or the regulations made under a relevant empowering provision in this Act, a regulation, a national standard, a plan rule, or a planning consent, or a national rule.
(2)
The enforcement officer may direct person A to give—
(a)
their full name, address, and date of birth (if that person is a natural person); or
(b)
their full name and address (if that person is not a natural person).
(3)
If person A is breaching, or has breached, the obligation or provision on behalf of another person (person B), the enforcement officer may also direct person A to give the officer the following information about person B:
(a)
their full name, address, and date of birth (if that person is a natural person); or
(b)
their full name and address (if that person is not a natural person).
(4)
In the situation described in subsection (3), the enforcement officer may also direct person B give the officer the following information about person A:
(a)
their full name, address, and date of birth (if that person is a natural person); or
(b)
their full name and address (if that person is not a natural person).
Compare: 2023 No 46 s 726
Enforcement officers
218 Authorisation and responsibilities of enforcement officers
(1)
A local authority may authorise the following to carry out all or any of the functions and powers as an enforcement officer under this Act:
(a)
any of its officers; or
(b)
any of the officers of any other local authority.
(2)
A local authority may authorise any person who is either or both of the following to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 248 and 249 (which relate to excessive noise):
(a)
the holder of a licence as a property guard issued under section 34 of the Private Security Personnel and Private Investigators Act 2010:
(b)
employed by a person authorised under paragraph (a) and who is—
(i)
the holder of a certificate of approval issued under section 40 of that Act; or
(ii)
a person in respect of whom permission granted under section 37 of that Act is in force.
(3)
The local authority must supply every enforcement officer authorised under this section with a warrant, and that warrant must clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.
(4)
Every enforcement officer authorised under this section who exercises or purports to exercise any power conferred on them by this Act must have with them, and must produce if required to do so, their warrant and evidence of identity.
(5)
Every enforcement officer who holds a warrant issued under this section must, on the termination of their appointment as such, surrender the warrant to the local authority.
Compare: 1991 No 69 s 38; 2023 No 46 s 725
Enforcement functions of EPA
219 Terms used in this section and sections 220 to 226
(1)
In this section and sections 220 to 226,—
enforceable undertaking means an undertaking accepted by a local authority or the EPA under clause 23 of Schedule 8
enforcement action means—
(a)
subject to section 220(a), an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been a failure to comply with a requirement of an enforcement order or abatement notice; or
(b)
an application for an enforcement order under section 234; or
(c)
an application for an interim enforcement order under section 238; or
(d)
the service of an abatement notice under section 240; or
(e)
the filing of a charging document relating to an offence described in section 254; or
(f)
the issuing of an infringement notice under section 263; or
(g)
a monetary benefit order made under clause 29 of Schedule 8; or
(h)
an enforceable undertaking accepted under clause 21 of Schedule 8; or
(i)
an application for a pecuniary penalty order under clause 30 of Schedule 8; or
(j)
an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f)
enforcement function means a function of the EPA described in section 220
incident means an occurrence that may, directly or indirectly, be linked to—
(a)
a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national rule, or a planning consent; or
(b)
a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice
interim enforcement order means an order imposed under section 237
pecuniary penalty means a penalty imposed under clause 30 of Schedule 8
subsequent action—
(a)
means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
(b)
includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).
(2)
In paragraph (a) of the definition of enforcement action in subsection (1), other activity includes, without limitation, an application for a declaration under section 229.
(3)
In section and sections 220 to 226, an enforcement action is executed when, as the case may be, the application for the enforcement order, monetary benefit order, or interim order is made, the abatement notice is served, the charge is laid, the pecuniary order is applied for, the enforceable undertaking is accepted, or the infringement notice is issued.
Compare: 1991 No 69 s 343E; 2023 No 46 s 733
220 Enforcement functions of EPA
The EPA may perform any of the following enforcement functions if satisfied that the performance of the function is necessary or desirable to promote the purpose of this Act:
(a)
the EPA may take any enforcement action under this Act, subject to confirming that the local authority is not taking an enforcement action of the type set out in paragraphs (b) to (i) of the definition of enforcement action in section 219(1) for the same incident.
(b)
the EPA may, with the agreement of a local authority, assist the local authority with an enforcement action in relation to an incident and any subsequent action:
(c)
the EPA may intervene in an enforcement action of a local authority in relation to an incident by taking over the enforcement action and taking any subsequent action:
(d)
take enforcement action against a regional council.
Compare: 1991 No 69 s 343F; 2023 No 46 s 733
221 Intervention by EPA
(1)
If the EPA intervenes in an enforcement action of a local authority in relation to an incident,—
(a)
the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and
(b)
the local authority must,—
(i)
on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 219; and
(ii)
from the date specified in the notice, cease all enforcement action in relation to the incident; and
(c)
the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
(d)
only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.
(2)
When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person.
(3)
If the EPA decides to cease its intervention,—
(a)
it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
(b)
it must specify in the notice the date on which the intervention will cease; and
(c)
the local authority may, from the date referred to in paragraph (b),—
(i)
take an enforcement action or subsequent action in relation to the incident; or
(ii)
resume any enforcement action that it had commenced before the intervention.
(4)
To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person.
Compare: 1991 No 69 s 343G; 2023 No 46 s 734
222 EPA may change enforcement functions
(1)
The EPA may change its enforcement function in relation to an incident to another function described in section 220 if the EPA considers that the circumstances require it.
(2)
If the EPA decides to change to an intervention function described in section 220(c), it must include its reasons for the change in the notice required under section 221(1).
Compare: 1991 No 69 s 343H; 2023 No 46 s 735
223 EPA enforcement officers
(1)
The EPA may authorise a person described in subsection (2) to be an enforcement officer for the purpose of carrying out its enforcement functions under this Act.
(2)
A person may be authorised as an enforcement officer if the person—
(a)
has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to the person; or
(b)
is an employee of the EPA who is suitably qualified and trained.
(3)
The EPA must supply each enforcement officer with a warrant that—
(a)
states the full name of the person; and
(b)
includes a summary of the powers conferred on the person under this Act.
(4)
An enforcement officer may exercise the powers under this Act, in accordance with their warrant, only for the purposes for which they were appointed.
(5)
An enforcement officer exercising a power under this Act must have with them, and must produce if required to do so, their warrant and evidence of their identity.
(6)
An enforcement officer who holds a warrant issued under this section must, on the termination of the officer’s appointment, surrender the warrant to the EPA.
Compare: 1991 No 69 s 343I; 2023 No 46 s 736
224 EPA may require information from local authority
(1)
The EPA may require a local authority to provide information that the EPA requires for taking an enforcement action in relation to an incident.
(2)
The EPA must notify the chief executive of the local authority in writing and specify the incident for which information is required.
(3)
A local authority must provide the required information to the EPA as soon as is reasonably practicable, but no later than 10 working days after the chief executive is notified.
Compare: 1991 No 69 s 343J; 2023 No 46 s 737
225 Additional reporting requirements
(1)
The annual report of the EPA under section 150 of the Crown Entities Act 2004 must include information about the performance of the EPA’s enforcement functions, including the number and type of enforcement actions executed by the EPA.
(2)
The EPA is not required to provide information under subsection (1) that would prejudice the maintenance of law, including the prevention, investigation, or detection of offences, or the right to a fair trial.
Compare: 1991 No 69 s 343K; 2023 No 46 s 738
226 Order for payment of EPA’s costs in bringing a prosecution
(1)
On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs).
(2)
If the court makes an order under subsection (1), it must not make an order under section 4 of the Costs in Criminal Cases Act 1967.
(3)
If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation.
Compare: 1991 No 69 s 343L; 2023 No 46 s 739
Proceedings under this subpart
227 Proceedings to be heard by an Environment Judge
(1)
All proceedings under this subpart must be heard by an Environment Judge sitting alone or by the Environment Court, except as provided in subsections (2) and (3).
(2)
Proceedings under section 238 (which relates to interim enforcement orders) must be heard either by an Environment Judge sitting alone or—
(a)
in the District Court; and
(b)
except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.
(3)
Proceedings under section 243 or 244 (which relate to appeals against abatement notices and power to stay an order) that may be heard by an Environment Judge may also be heard by an Environment Commissioner.
(4)
All proceedings under section 254 (which relates to offences) and section 263 (which relates to infringement offences) must be heard—
(a)
in the District Court; and
(b)
except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge.
(5)
An Environment Judge may transfer to the District Court any proceedings under this Part for enforcement action if the action is associated with proceedings under section 254 for an offence and the Judge considers that the proceedings for enforcement action should be heard together with the proceedings in the District Court for the offence.
(6)
This does not apply to a protected customary right.
(7)
However, sections 228 to 231 (which relate to the Court making declarations) and sections 275 to 278 (which enable emergency works) apply to the exercise of a protected customary right.
Compare: 1991 No 69 s 309; 2023 No 46 s 636
Declarations
228 Scope and effect of declaration
(1)
A declaration may declare—
(a)
the existence or extent of any function, power, right, or duty under this Act, including (without limitation) any duty imposed by a national instrument; or
(b)
whether a provision or proposed provision of a land use plan, contrary to section 80(2), does not, or is not likely to, implement a provision or proposed provision of a national instrument; or
(c)
whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations, a rule in a plan or proposed plan, or a planning consent; or
(d)
whether or not an act or omission, or a proposed act or omission—
(i)
is a permitted activity, restricted discretionary activity, discretionary activity, or prohibited activity; or
(ii)
breaches section 20 (certain existing land uses allowed); or
(e)
the point at which the landward boundary of the coastal marine area crosses any river; or
(f)
whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by clause 49 of Schedule 5; or
(g)
any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 123 to 130 have been, or will be contravened.
(2)
In the course of any proceedings, the Environment Court may make a declaration referred to in subsection (1) on its own initiative without an application from any party to the proceedings.
Compare: 1991 No 69 s 310; 2023 No 46 s 637
229 Application for declaration
(1)
Subject to subsections (2) and (3), any person may at any time apply to the Environment Court in the prescribed form for a declaration.
(2)
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a consent holder or any other person is contravening any condition of a planning consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.
(3)
No person (other than a local authority, consent authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 228(1)(e).
Compare: 1991 No 69 s 311
230 Notification of application
(1)
The applicant for a declaration must serve notice of the application in the prescribed form on every person directly affected by the application.
(2)
The notice must be served within 5 working days after the application is made to the court.
Compare: 1991 No 69 s 312
231 Decision on application
After hearing the applicant, and any person served with notice of the application, and any other person who has the right to be represented at proceedings under clauses 53 to 54 of Schedule 9, who wishes to be heard, the court may—
(a)
make the declaration sought by an application under section 229, with or without modification; or
(b)
make any other declaration that it considers necessary or desirable; or
(c)
decline to make a declaration.
Compare: 1991 No 69 s 313
Enforcement orders
232 Scope of enforcement order
(1)
An enforcement order is an order made under section 237 by the Environment Court or an Environment Judge sitting in the District Court that may do any 1 or more of the following:
(a)
require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court,—
(i)
contravenes or is likely to contravene this Act, regulations, a rule in a plan, a rule in a proposed plan, a planning consent; or
(ii)
is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
(b)
require a person to do something that, in the opinion of the court, is necessary in order to—
(i)
ensure compliance by or on behalf of that person with this Act, regulations, a rule in a plan, a rule in a proposed plan, or a planning consent; or
(ii)
avoid, minimise, or remedy any actual or likely adverse effect on the environment caused by or on behalf of that person:
(c)
require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person:
(d)
require a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses which that other person has incurred or is likely to incur in avoiding, remedying, or mitigating any adverse effect on the environment, where the person against whom the order is sought fails to comply with—
(i)
an order under any other paragraph of this subsection; or
(ii)
an abatement notice; or
(iii)
a rule in a plan or a proposed plan or a planning consent; or
(iv)
any of that person’s other obligations under this Act:
(e)
require a person to do something that, in the opinion of the court, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on the environment relating to any land of which the person is the owner or occupier:
(f)
change or cancel a planning consent if, in the opinion of the court, the information made available to the territorial authority by the applicant contained inaccuracies relevant to the enforcement order sought which materially influenced the decision to grant the consent:
(g)
revoke a planning consent (in whole or in part) or suspend a planning consent (for a specified period in whole or in part) if, in the opinion of the court, there has been significant non-compliance with this Act—
(i)
that is ongoing or repeated; and
(ii)
that, if the consent holder is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the consent holder is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years:
(h)
where the court determines that any 1 or more of the requirements of Parts 1 or 2 of Schedule 3 have not been observed in respect of a plan, do any 1 or more of the following:
(i)
grant a dispensation from the need to comply with those requirements:
(ii)
direct compliance with any of those requirements:
(iii)
suspend the whole or any part of the plan from a particular date (which may be on or after the date of the order, but no such suspension affects any court order made before the date of the suspension order):
(i)
require a person to take or refrain from taking any specified action so as to comply with any notice or covenant issued or entered into under a condition of a planning consent:
(j)
make an adverse publicity order, a monetary benefit order, or a pecuniary penalty order (see clauses 20, 29, and 30 of Schedule 8):
(k)
require a polluter of contaminated land to pay money to or reimburse the territorial authority or EPA for any actual or reasonable costs it has occurred for actions taken to prevent or remedy any adverse effects to the environment or to carry out remediation.
(2)
For the purposes of subsection (1)(d), actual and reasonable costs include the costs of investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, minimise, or remedy the adverse effect.
(3)
Except as provided in section 237(3), an enforcement order may be made on such terms and conditions as the Environment Court thinks fit (including the payment of any administrative charge under section 191, the provision of security, or the entry into a bond for performance).
(4)
Without limiting subsections (1) to (3), an order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation).
(5)
When making an enforcement order under subsection (4), the court may order that the restrictions set out in sections 17 or 18 do not apply to the restoration activities, provided that the court is satisfied that the conditions of the order are adequate to avoid, minimise, or remedy any adverse effects on the environment arising from those activities.
(6)
When making an enforcement order under subsection (1)(g), the court may, having regard to the nature of the non-compliance,—
(a)
revoke the planning consent, and any planning consents associated with that consent that enable the same activity, in whole or in part, with effect on a specified date; or
(b)
suspend the planning consent, and any planning consents associated with that consent that enable the same activity, in whole or in part, for a specified period without conditions or subject to any conditions that the court thinks fit.
(7)
An enforcement order applies, if the court so states, to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.
Compare: 1991 No 69 s 314
233 Compliance with enforcement order
(1)
Where an enforcement order is made against a person, and that enforcement order is served on that person, that person must—
(a)
comply with the order; and
(b)
unless the order directs otherwise, pay all the costs and expenses of complying with the order.
(2)
If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—
(a)
comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and
(b)
sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
(c)
after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.
(3)
Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on any land in respect of which an enforcement order is made.
(4)
Failure to comply with an enforcement order is an offence under section 254.
Compare: 1991 No 69 s 315
234 Application for enforcement order
(1)
Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in paragraphs (a) to (d) of section 232(1), or in section 232(2).
(2)
An application may at any time be made in the prescribed form to the Environment Court by—
(a)
a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 232(1)(e); and
(b)
a local authority, a consent authority, or the EPA for an enforcement order under section 232(1)(g); and
(c)
a local authority or consent authority for an enforcement order of the kind specified in section 232(1)(f).
(3)
An application for an enforcement order under section 232(1)(h) may be lodged—
(a)
by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or
(b)
by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.
(4)
Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 232(3) or (4).
(5)
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce any condition of a planning consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.
Compare: 1991 No 69 s 316
235 Notification of application
(1)
Except as provided in section 238 (which relates to interim enforcement orders), where an application for an enforcement order is made, the applicant must serve notice of the application in the prescribed form on every person directly affected by the application.
(2)
The notice must be served within 5 working days after the application is made to the Environment Court.
Compare: 1991 No 69 s 317
236 Right to be heard
Except as provided in section 238 (which relates to interim enforcement orders), before deciding an application for an enforcement order, the Environment Court must—
(a)
hear the applicant; and
(b)
hear any person against whom the order is sought who wishes to be heard, but only if that person notifies the Registrar that they wish to be heard within 15 working days after the date on which they were notified of the application.
Compare: 1991 No 69 s 318
237 Decision on application
(1)
After considering an application for an enforcement order, the Environment Court may—
(a)
except as provided in subsection (2), make any appropriate order under section 232; or
(b)
refuse the application.
(2)
No court may order that compensation or redress be paid or provided to any person for any loss or damage arising from the revocation or suspension of the person’s planning consent under section 232(1)(g).
(3)
Except as provided in subsection (4), the Environment Court must not make an enforcement order under section 232(1)(a)(ii), (b)(ii), (c), (d)(iv), or (e) against a person if—
(a)
that person is acting in accordance with—
(i)
a rule in a plan; or
(ii)
a planning consent; or
(iii)
a designation; and
(b)
the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the planning consent, or approved the designation, at the time of the approval or granting, as the case may be.
(4)
The Environment Court may make an enforcement order if—
(a)
the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
(b)
the person was acting in accordance with a planning consent that has been changed or cancelled under section 232(1)(h).
Compare: 1991 No 69 s 319
238 Interim enforcement order
(1)
Except as provided in this section, the provisions of sections 232 to 237 apply to the application for, and determination of, an interim enforcement order.
(2)
Despite subsection (1), no person may apply for an interim enforcement order under section 232(1)(g).
(3)
If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—
(a)
without requiring service of notice in accordance with section 235; and
(b)
without holding a hearing.
(4)
Before making an interim enforcement order, the Environment Judge or the District Court Judge must consider—
(a)
what the effect of not making the order would be on the environment; and
(b)
whether the applicant has given an appropriate undertaking as to damages; and
(c)
whether the Judge should hear the applicant or any person against whom the interim order is sought; and
(d)
such other matters as the Judge thinks fit.
(5)
The Judge must direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order must take effect from when it is served or such later date as the order directs.
(6)
A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order; and, after hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.
(7)
An interim enforcement order stays in force until an application for an enforcement order under section 234 is determined, or until cancelled by an Environment Judge or a District Court Judge under subsection (6), or cancelled by the Environment Court under section 239.
Compare: 1991 No 69 s 320
239 Change or cancellation of enforcement order
(1)
Without limiting section 238(6), any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order.
(2)
Sections 235 to 237 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order.
(3)
No person may apply to change or cancel an order that revokes a planning consent on the grounds set out in section 232(1)(g).
Compare: 1991 No 69 s 321
Abatement notices
240 Scope of abatement notice
(1)
An abatement notice may be served on any person by an enforcement officer—
(a)
requiring the person to cease, or prohibiting that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
(i)
contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a planning consent; or
(ii)
is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
(b)
requiring that person to do something that, in the opinion of the enforcement officer, is necessary—
(i)
to ensure compliance by or on behalf of that person with this Act, a national rule, a regulation, a rule in a plan or a proposed plan, or a planning consent; or
(ii)
to avoid, minimise, or remedy any actual or likely adverse effect on the environment—
(A)
caused by or on behalf of the person; or
(B)
relating to any land of which the person is the owner or occupier:
(c)
requiring a person who is contravening section 24 to adopt the best practicable option to ensure that the emission of noise from their activity does not exceed a reasonable level.
(2)
If any person is under a duty not to use land in a manner that contravenes a rule in a proposed plan under section 7(3), an abatement notice may be issued to require a person—
(a)
to cease, or prohibit that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or
(b)
to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan.
(3)
An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit.
(4)
An abatement notice must not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or (2) exist.
Compare: 1991 No 69 s 322; 2023 No 46 s 649
241 Compliance with abatement notice
(1)
A person on whom an abatement notice is served must—
(a)
comply with the notice within the period specified in the notice; and
(b)
unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.
(2)
If a person against whom an abatement notice is made under section 240(1)(c) (which relates to the emission of noise) fails to comply with the notice, an enforcement officer may, without further notice, enter the place where the noise source is situated (with a constable if the place is a dwelling house) and—
(a)
take all any reasonable steps as they consider necessary to cause the noise to be reduced to a reasonable level; and
(b)
when accompanied by a constable, seize and impound the noise source.
(3)
This section is subject to the rights of appeal in section 243.
Compare: 1991 No 69 s 323; 2023 No 46 s 650
242 Form and content of abatement notice
(1)
An abatement notice must be in the prescribed form and must state—
(a)
the name of the person to whom it is addressed; and
(b)
the reasons for the notice; and
(c)
the action required to be taken or ceased or not undertaken; and
(d)
the period within which the action must be taken or cease; and
(e)
the consequences of not complying with the notice or lodging a notice of appeal; and
(f)
the rights of appeal under section 243; and
(g)
in the case of a notice under section 240(1)(c), the rights of an enforcement officer under section 241 on the failure of the recipient to comply with the notice within the time specified in the notice; and
(h)
the name and address of the local authority or the EPA whose enforcement officer issued the notice.
(2)
For the purposes of subsection (1)(d), the period within which the action must be taken or cease—
(a)
must be a reasonable period informed by the circumstances giving rise to the abatement notice; but
(b)
must not be less than 7 days after the date on which the abatement notice is served if—
(i)
the abatement notice is within the scope of section 240(1)(a)(ii); and
(ii)
the person on whom it is served is complying with this Act, regulations, a rule in a plan, or a planning consent.
Compare: 1991 No 69 s 324; 2023 No 46 s 651
243 Appeals
(1)
Any person on whom an abatement notice is served may appeal to the Environment Court against the whole or any part of the notice.
(2)
Notice of an appeal must be in the prescribed form and must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations made under section 281; and
(c)
be lodged with the Environment Court and served on the local authority or the EPA (whose abatement notice is appealed against) within 15 working days after service of the abatement notice on the appellant.
(3)
Any powers which may be exercised by an Environment Judge under this section or section 244 may be exercised by an Environment Commissioner.
(4)
The Environment Court must not confirm an abatement notice that is the subject of an appeal if—
(a)
the person served with the abatement notice was acting in accordance with—
(i)
a rule in a plan; or
(ii)
a planning consent; or
(iii)
a designation; and
(b)
the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, notified the proposed plan, granted the planning consent, or approved the designation at the time of the approval, notification, or granting, as the case may be.
(5)
However, the Environment Court may confirm an abatement notice under appeal in any case if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be.
Compare: 1991 No 69 s 325; 2023 No 46 s 652
244 Environment Court may order stay of abatement notice
(1)
An appeal against an abatement notice does not operate as a stay of the notice unless—
(a)
the abatement notice is within the scope of section 240(1)(a)(ii) and the person against whom the notice is served is complying with this Act, any regulation made under a relevant empowering provision in this Act (including a national rule), a rule in a plan, or a planning consent; or
(b)
a stay is granted by an Environment Judge under subsection (6).
(2)
Any person who appeals under section 243 may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court’s decision on the appeal.
(3)
An application for a stay must be in the prescribed form and must—
(a)
state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
(b)
state the likely effect on the environment if the stay is granted; and
(c)
be lodged with the Environment Court and served immediately on the local authority or the EPA whose abatement notice is appealed against.
(4)
If a person applies for a stay, an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.
(5)
Before granting a stay, an Environment Judge must consider—
(a)
what the likely effect of granting a stay would be on the environment; and
(b)
whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
(c)
whether to hear—
(i)
the applicant:
(ii)
the applicant; and
(d)
such other matters as the Judge thinks fit.
(6)
An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.
(7)
Any person to whom a stay is granted must serve a copy of it on the local authority or the EPA whose abatement notice is appealed against, and the stay has no legal effect until served.
(8)
Any stay remains in force until an order is made otherwise by the Environment Court.
Compare: 2023 No 46 s 653
245 Cancellation of abatement notice
(1)
In this section, relevant authority means whichever of the following authorised the enforcement officer who issued the abatement notice:
(a)
the local authority:
(b)
the EPA.
(2)
Where a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time.
(3)
The relevant authority must give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice.
(4)
Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice.
(5)
The relevant authority must, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice.
(6)
The relevant authority must give written notice of its decision to the person who applied under subsection (4).
(7)
Where the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 243(2) against the whole or any part of the abatement notice.
Compare: 1991 No 69 s 325A; 2023 No 46 s 654
Restrictions relating to enforcement orders and abatement orders
246 Restrictions on certain applications for enforcement orders and abatement notices
(1)
No person may apply to the Environment Court for an enforcement order under any of section 232(1)(a) to (d), and no abatement notice may be served on any person, in respect of anything done or to be done,—
(a)
by or on behalf of the Director of Maritime New Zealand under section 248 or 249 of the Maritime Transport Act 1994; or
(b)
by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
(c)
by or on behalf of any on-scene commander under section 305 or 311 of that Act or in accordance with a direction given under section 310 of that Act; or
(d)
by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 or 311 of that Act.
(2)
No person may apply for an enforcement order under section 232(1)(d) in respect of any actual or reasonable costs and expenses, where the costs and expenses which a person has incurred or is likely to incur constitute pollution damage in respect of which the owner of a CLC ship is liable in damages under Part 25 of the Maritime Transport Act 1994. No order relating to such damage may be made by the Environment Court or any other court in any proceedings (including prosecutions for offences) under this Act.
(3)
In subsection (2), pollution damage and CLC ship have the meanings given in section 342 of the Maritime Transport Act 1994.
Compare: 1991 No 69 s 325B; 2023 No 46 s 659
Excessive noise directions
247 Meaning of excessive noise
(1)
In this Act, the excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person (other than a person in or at the place from which the noise is being emitted), but does not include any noise emitted by any—
(a)
aircraft being operated during, or immediately before or after, flight; or
(b)
vehicle being driven on a road (within the meaning of section 2(1) of the Land Transport Act 1998); or
(c)
train, other than when being tested (when stationary), maintained, loaded, or unloaded.
(2)
Without limiting subsection (1), excessive noise—
(a)
includes noise that exceeds a standard for noise prescribed by a national rule; and
(b)
may include noise emitted by—
(i)
a musical instrument; or
(ii)
an electrical appliance; or
(iii)
a machine, however powered; or
(iv)
a person or group of persons; or
(v)
an explosion or vibration.
Compare: 1991 No 69 s 326; 2023 No 46 s 655
248 Issue and effect of excessive noise direction
(1)
This section applies if an enforcement officer, or any constable acting on the request of an enforcement officer,—
(a)
has received a complaint that excessive noise is being emitted from any place; and
(b)
upon investigation of the complaint, is of the opinion that the noise is excessive.
(2)
An enforcement officer, or any constable acting on the request of an enforcement officer, may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level.
(3)
A direction under subsection (2) may be given in writing or orally.
(4)
Every direction under subsection (2) must prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 8 days or any shorter period that the enforcement officer or constable specifies, commencing at the time the direction is given.
(5)
The powers under this section are in addition to the powers under sections 240 to 243 to issue abatement notices relating to unreasonable noise and to seek an enforcement order under section 234.
Compare: 1991 No 69 s 327; 2023 No 46 s 656
249 Compliance with excessive noise direction
(1)
Every person who is given a direction under section 248 must immediately comply with the direction.
(2)
Every person who knows or ought to know that a direction under section 248 has been given in respect of a particular place must comply with that direction as if they were the recipient of it, while on or in the vicinity of that place.
(3)
If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable) or a constable may enter the place without further notice and—
(a)
seize and remove from the place any instrument, appliance, vehicle, aircraft, train, or machine (the item) that is producing or contributing to the excessive noise; or
(b)
render the item inoperable by the removal of any part from it; or
(c)
lock or seal the item so as to make it unusable.
(4)
If a direction under section 248 is unable to be given because there is no person occupying the place from which the sound is being emitted or the occupier of the place cannot reasonably be identified, and there is no other person who appears to be responsible for causing the excessive noise, an enforcement officer (accompanied by a constable) or a constable may enter the place without notice and—
(a)
seize and remove the item from the place; or
(b)
render the item inoperable by the removal of any part from it; or
(c)
lock or seal the item so as to make it unusable.
(5)
Where any enforcement officer or constable enters any place under subsection (4), they must leave in that place, in a prominent position,—
(a)
a copy of the relevant written excessive noise direction issued under section 248; and
(b)
a written notice stating—
(i)
the date and time of the entry:
(ii)
the name of the person in charge of the entry:
(iii)
the actions taken to ensure compliance with the excessive noise direction:
(iv)
the address of the office at which inquiries may be made in relation to the entry.
(6)
Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.
(7)
Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances.
Compare: 1991 No 69 s 328; 2023 No 46 s 657
Powers of entry and search
250 Power of entry for inspection
(1)
Any enforcement officer, specifically authorised in writing by a local authority or the EPA to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse or marae, for the purpose of inspection to determine whether—
(a)
this Act, any regulations, a national rule, a rule in a plan, or a planning consent is being complied with; or
(b)
an enforcement order, interim enforcement order, abatement notice, or enforceable undertaking is being complied with; or
(c)
any person is contravening a rule in a proposed plan in a manner prohibited by section 17.
(2)
For the purposes of subsection (1), an enforcement officer may—
(a)
collect records of their inspection (including measurements, notes, sketches, drawings, photographs, and video recordings; and
(b)
take samples of water, air, soil, or organic matter.
(3)
If a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.
(4)
Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
(5)
If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave, in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
(6)
An enforcement officer may not enter land without the permission of the landowner if permission to enter the land is required by any other Act.
(7)
An enforcement officer exercising any power under this section may use any assistance that is reasonably necessary.
Compare: 2023 No 46 s 727; 1991 No 69 s 332
251 Power of entry for survey
(1)
For the purposes of this Act, any enforcement officer specifically authorised in writing by any local authority or consent authority to do so may do all or any of the following:
(a)
carry out surveys, investigations, tests, or measurements:
(b)
collect records of their inspection (including the records referred to in section 250(2)(a):
(c)
take samples of any water, air, soil, or vegetation:
(d)
enter or re-enter land (except a dwellinghouse or marae).
(2)
The powers conferred by subsection (1) are exercisable at any reasonable time, with or without such assistance (including expert or technical assistance on the matter concerned), vehicles, appliances, machinery, and equipment as is reasonably necessary for that purpose.
(3)
Reasonable written notice must be given to the occupier of land to be entered under subsection (1)—
(a)
that entry on to the land is authorised under this section:
(b)
of the purpose for which entry is required:
(c)
of how and when entry is to be made.
(4)
Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
Compare: 2023 No 46 s 728; 1991 No 69 s 333
252 Warrant for entry for search
(1)
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made by a constable or enforcement officer in the manner provided in subpart 3 of Part 4 of that Act, may issue a warrant authorising the entry and search of any place or vehicle if satisfied that there is reasonable ground for believing that there is in, on, under, or over any place or vehicle anything— —
(a)
in respect of which an offence has been or is suspected of having been committed against this Act or regulations made under this Act that is punishable by imprisonment; or
(b)
that there is reasonable ground to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
(c)
that there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment.
(2)
The provisions of Part 4 of the Search and Surveillance Act 2012 apply for the purposes of this section.
(3)
Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.
Compare: 2023 No 46 s 729, 730; 1991 No 69 s 334
253 Direction and execution of warrant for entry for search
(1)
If a warrant authorises the entry and search of a dwellinghouse or marae, it must be directed to and executed by any police constable generally.
(2)
Except as provided in subsection (1), every search warrant issued under section 252 must be directed to any constable generally or enforcement officer generally;
(3)
An enforcement officer must be accompanied by a constable during the initial entry of the place or vehicle to be searched.
(4)
Subject to the agreement of the enforcement officer, the constable may leave the place or vehicle at any time after the initial execution of the search warrant.
Compare: 2023 No 46 s 731; 1991 No 69 s 335
Offences
254 Offences against this Act
(1)
A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
(a)
sections 17 and 18 (which impose duties and restrictions in relation to land and subdivision):
(b)
any enforcement order:
(c)
any condition of a planning consent:
(d)
any abatement notice, other than a notice under section 240(1)(c):
(e)
any monetary benefit order made under clause 29 of Schedule 8:
(f)
clause 27 of Schedule 8 (which imposes a duty to comply with an enforceable undertaking):
(g)
any adverse publicity order made by a court under clause 21 of Schedule 8:
(h)
any requirement or duty in regulations made under section 279 (emergency response regulations) that the person must comply with.
(2)
A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
(a)
section 217, which relates to failure to provide certain information to an enforcement officer
(b)
clause 17 of Schedule 9 or clause 30 of schedule 10, which relates to the protection of sensitive information:
(c)
any direction under section 248:
(d)
any abatement notice for unreasonable noise under section 240(1)(c):
(e)
any order (other than an order referred to in subsection (1)) made by the Environment Court.
(3)
A person commits an offence against this Act if the person—
(a)
wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act:
(b)
without sufficient cause, contravenes, or permits a contravention of, any summons or order to give evidence issued or made under clause 69 of Schedule 9:
(c)
without sufficient cause, contravenes, or permits a contravention of, any provision (as provided in Part 3 of Schedule 7) specified in an instrument for the creation of an esplanade strip or in an easement for an access strip, or enters a strip that is closed under clause 42. of Schedule 7.
Compare: 2023 No 46 s 701; 1991 No 69 s 338
Limitation periods
255 Limitation period for offences or pecuniary penalties under this Act
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of—
(a)
an offence against this Act ends on the date that is 12 months after the date on which the contravention giving rise to the charge first became known, or should have become known, to the person on whose behalf the charging document is filed:
(b)
an application for a pecuniary penalty order is 12 months after the date on which the contravention giving rise to the application first became known, or should have become known, to the person on whose behalf the application is made.
Compare: 2023 No 46 s 700; 1991 No 69 s 338(4)
Penalties
256 Penalties
(1)
A person who commits an offence against section 254(1) is liable on conviction,—
(a)
in the case of a natural person, to imprisonment for a term not exceeding 18 months or a fine not exceeding $1,000,000:
(b)
in the case of a person other than a natural person, to a fine not exceeding $10,000,000.
(2)
A person who commits an offence against section 254(1) is also liable on conviction, if the offence is a continuing one,—
(a)
in the case of a natural person, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues:
(b)
in the case of a person other than a natural person, to a fine not exceeding $50,000 for every day or part of a day during which the offence continues.
(3)
A person who commits an offence against section 254(2) is liable on conviction to a fine not exceeding $15,000, and, if the offence is a continuing one, to a further fine not exceeding $1,500 for every day or part of a day during which the offence continues.
(4)
A person who commits an offence against section 254(3) is liable on conviction to a fine not exceeding $5,000.
(5)
A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.
(6)
If a person is convicted of an offence against section 254, the court may, instead of or in addition to imposing a fine or a term of imprisonment, make 1 or more of the following orders:
(a)
the orders specified in section 232:
(b)
an order requiring a consent authority to serve notice, under section 168, of the review of a planning consent held by the person, but only if the offence involves an act or omission that contravenes the consent.
(7)
A court discharging an offender without conviction under section 106 of the Sentencing Act 2002 may make an enforcement order under section 237 of this Act.
(8)
The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is to be treated as a continuing offence.
Compare: 2023 No 46 s 706; 1991 No 69 s 339
257 Liability of principal for acts of agents
(1)
Subsection (2) applies if an offence is committed against this Act by a person (person A) acting as the agent or employee of another (person B).
(2)
Person B is liable for the offence as if person B had personally committed it, if it is proved that person B—
(a)
authorised or consented to the act constituting the offence; or
(b)
knew the offence was, or was to be, committed and failed to take all reasonable steps to prevent or stop it.
(3)
Subsection (2) does not prejudice the liability of person A.
(4)
If proceedings are brought against person B under subsection (2), person B has a good defence if—
(a)
person B proves,—
(i)
in the case of a natural person (including a partner in a firm),—
(A)
that person B did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
(B)
that person B took all reasonable steps to prevent the commission of the offence; or
(ii)
in the case of a person other than a natural person,—
(A)
that neither the directors (if any) nor any person involved in the management of person B knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
(B)
that person B took all reasonable steps to prevent the commission of the offence; and
(b)
person B proves that they took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
(5)
If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved—
(a)
that the act or omission that constituted the offence took place with the person’s authority, permission, or consent; and
(b)
that the person knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
Compare: 2023 No 46 s 702; 1991 No 69 s 340
258 Strict liability and defences
(1)
In any prosecution for an offence set out in section 254(1) it is not necessary to prove that the defendant intended to commit the offence.
(2)
It is a defence to prosecution of the kind referred to in subsection (1) if the defendant proves—
(a)
that—
(i)
the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and
(ii)
the conduct of the defendant was reasonable in the circumstances; and
(iii)
the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
(b)
that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
(i)
the action or event could not reasonably have been foreseen or been provided against by the defendant; and
(ii)
the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
(3)
Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—
(a)
stating that the defendant intends to rely on subsection (2); and
(b)
specifying the facts that support the defendant’s reliance on subsection (2).
Compare: 2023 No 46 s 703; 1991 No 69 s 341
259 Burden of proving defences
Despite anything to the contrary in the Criminal Procedure Act 2011, the burden of proving that a defence in section 258 applies lies on the defendant.
Compare: 2023 No 46 s 705
260 Fines to be paid to local authority or EPA instituting prosecution
(1)
If a person is convicted of an offence under section 254 and the court imposes a fine, the court must, if the proceedings in relation to the offence were commenced by or on behalf of a local authority or the EPA, order that the fine be paid to the local authority or the EPA.
(2)
There must be deducted from every amount payable to a local authority or the EPA under subsection (1) a sum equal to 10% of that amount, and that sum must be credited to a Crown Bank Account.
(3)
Despite anything in subsection (2), if any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a local authority or the EPA under subsection (1), no deduction may be made under subsection (2) in respect of that money.
(4)
Subject to subsection (2), an order of the court made under subsection (1) is sufficient authority for the Registrar receiving the fine to pay that fine to the local authority or the EPA, as the case may be, that is entitled to it under the order.
(5)
Nothing in section 73 of the Public Finance Act 1989 applies to any fine ordered to be paid to a local authority or the EPA under subsection (1).
Compare: 2023 No 46 s 707; 1991 No 69 s 342
261 Insurance against fines unlawful
(1)
To the extent that a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or an infringement fee under this Act,—
(a)
the contract is of no effect; and
(b)
no court or tribunal has jurisdiction to grant relief in respect of the contract, whether under sections 75 to 82 of the Contract and Commercial Law Act 2017 or otherwise.
(2)
A person must not—
(a)
enter into, or offer to enter into, a contract described in subsection (1); or
(b)
through a contract of insurance—
(i)
indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or
(ii)
be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or
(iii)
pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
(3)
The prohibition in this section against insurance does not apply to legal or remediation costs connected with an activity under this Act.
(4)
A person who contravenes subsection (2) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $50,000:
(b)
for any other person, to a fine not exceeding $250,000.
(5)
In this section, contract of insurance has the meaning given in section 7(1) of the Insurance (Prudential Supervision) Act 2010.
Compare: 2023 No 46 s 708; 1991 No 69 s 342A
Infringement offences
262 Infringement offences
In sections 263 to 269,—
infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 281 as the infringement fee for the offence
infringement offence means an offence specified as such in regulations made under section 281.
263 Infringement offences
(1)
A person who is alleged to have committed an infringement offence may—
(a)
be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
(b)
be issued with an infringement notice under section 265.
(2)
Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.
(3)
See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.
Compare: 2023 No 46 s 709; 1991 No 69 s 343B
264 Who may issue infringement notices
An enforcement officer may issue infringement notices under this Act.
Compare: 2023 No 46 s 710; 1991 No 69 s 343C(1)
265 When infringement notice may be issued
An enforcement officer may issue an infringement notice to a person if the enforcement officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
Compare: 2023 No 46 s 711; 1991 No 69 s 343C(1)
266 Revocation of infringement notice before payment made
(1)
The enforcement officer may revoke an infringement notice before—
(a)
the infringement fee is paid; or
(b)
an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
(2)
The enforcement officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
(3)
The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 263(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.
Compare: 2023 No 46 s 712
267 What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 281 and must contain the following particulars:
(a)
details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
(b)
the amount of the infringement fee:
(c)
the address of the relevant authority:
(d)
how the infringement fee may be paid:
(e)
the time within which the infringement fee must be paid:
(f)
a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:
(g)
a statement that the person served with the notice has a right to request a hearing:
(h)
a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
(i)
any other matters prescribed in regulations made under section 281.
Compare: 2023 No 46 s 713; 1991 No 69 s 343C(3)
268 How infringement notice may be served
(1)
An infringement notice may be served on the person who the enforcement officer believes is committing or has committed the infringement offence by—
(a)
delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
(b)
leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
(c)
leaving it for the person at the person’s place of working or work with another person; or
(d)
sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
(e)
sending it to an electronic address of the person.
(2)
Unless the contrary is shown,—
(a)
an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
(b)
an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the enforcement authority.
Compare: 2023 No 46 s 714; 1991 No 69 s 343C(2)
269 Payment of infringement fees
(1)
A local authority is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that authority.
(2)
However, any infringement fee relating to an infringement notice issued by an enforcement officer appointed by the EPA may be retained by the EPA.
Compare: 2023 No 46 s 715; 1991 No 69 s 343D
270 Reminder notices
A reminder notice must be in the form prescribed in regulations made under section 281 and must include the same particulars, or substantially the same particulars, as the infringement notice.
Compare: 2023 No 46 s 716; 1991 No 69 s 343C(4)
271 Further enforcement matters
Schedule 8 sets out further provisions that relate to—
(a)
financial assurances:
(b)
adverse publicity orders:
(c)
enforceable undertakings:
(d)
monetary benefit orders:
(e)
pecuniary penalty orders.
Local authorities to have compliance and enforcement strategy
272 Local authorities to prepare compliance and enforcement strategy
(1)
A local authority must prepare and publish a compliance and enforcement strategy, in the prescribed manner and setting out the prescribed criteria, that takes into account relevant Treaty settlements, and voluntary or statutory agreements with local iwi, hapū, or Māori (including Mana Whakahono ā Rohe agreements).
(2)
When developing a compliance and enforcement strategy, local authorities must work with iwi authorities and groups that represent hapū within the region.
Compare: 2023 No 46 s 56
Providing information and guidance
273 Local authority or EPA to publish information about their functions, duties, and powers
Local authorities and the EPA must publish on an internet site maintained by or on their behalf that is accessible to the public free of charge—
(a)
information about their functions, duties, and powers; and
(b)
a register of all their enforcement activities that result in a conviction or court order; and
(c)
all decisions to accept enforceable undertakings, including the content of each enforceable undertaking and a summary of the reasons for the decision to accept it.
Compare: 2023 No 46 s 723
274 Functions, duties, and powers of Ministry
The chief executive must ensure that the Ministry prepares and issues guidance to assist local authorities and the EPA in the exercise of their enforcement functions, duties, and powers under this Act.
Compare: 2023 No 46 s 724
Subpart 2—Emergency works
275 Emergency works and power to take preventive or remedial action
(1)
Where—
(a)
any public work for which any person has financial responsibility; or
(b)
any natural and physical resource or area for which a local authority or permit authority has jurisdiction under this Act; or
(c)
any project or infrastructure operation for which any core infrastructure operator is approved as a designating authority under clause 10 or 11 of Schedule 5; or
(d)
any service or system that any lifeline utility operates or provides—
is, in the opinion of the person, authority, core infrastructure operator, or lifeline utility, affected by or likely to be affected by—
(e)
an adverse effect on the environment which requires immediate preventive measures; or
(f)
an adverse effect on the environment which requires immediate remedial measures; or
(g)
any sudden event causing or likely to cause loss of life, injury, or serious damage to property—
the provisions of section 17 do not apply to any activity undertaken by or on behalf of that person, authority, core infrastructure operator, or lifeline utility to remove the cause of, or minimise any actual or likely adverse effect of, the emergency.
(2)
Subsection (1) applies whether or not the adverse effect or sudden event was foreseeable.
(3)
If a local authority or permit authority—
(a)
has financial responsibility for any public work; or
(b)
has jurisdiction under this Act in respect of any natural and physical resource or area—
which is, in the reasonable opinion of that local authority or permit authority, likely to be affected by any of the conditions described in paragraphs (d) to (f) of subsection (1), the local authority or permit authority by its employees or agents may, without prior notice, enter any place (including a dwellinghouse when accompanied by a constable) and may take such action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or minimise any actual or likely adverse effect of, the emergency.
(4)
However, if the occupier cannot be found in the place, subsection (3) is satisfied, and the local authority or permit authority is not required to take further action to contact the occupier, if—
(a)
there is displayed in a prominent place on the land a notice that gives the date of entry, the time of entry, the reasons for entry, and the contact details of a person who can provide further information; and
(b)
as soon as practicable after entering the land, the local authority or permit authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002.
(5)
Section 17 does not apply to any action taken under subsection (2).
(6)
As soon as practicable after entering any place under this section, every person must identify themselves and inform the occupier of the place of the entry and the reasons for it.
(7)
Nothing in this section authorises any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281 of the Maritime Transport Act 1994.
(8)
In this section and section 276, lifeline utility means a lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002 other than a lifeline utility that is a core infrastructure operator to which subsection (1)(c) applies.
Compare: 1991 No 69 s 330
276 Planning consents for emergency works
(1)
If an activity is undertaken under section 275, the person (other than the occupier), authority, core infrastructure operator, or lifeline utility who or which undertook the activity must advise the appropriate permit authority, within 7 days, that the activity has been undertaken.
(2)
If such an activity, but for section 275, contravenes section 17 and the adverse effects of the activity continue, then the person (other than the occupier), authority, core infrastructure operator, or lifeline utility who or which undertook the activity must apply in writing to the appropriate permit authority for any necessary planning consents required in respect of the activity within 30 working days of the notification under subsection (1).
(3)
If the application is made within the time stated in subsection (2), the activity may continue until the application for a planning consent and any appeals have been finally determined.
Compare: 1991 No 69 s 330A
277 Emergency works under Civil Defence Emergency Management Act 2002
(1)
If any activity is undertaken by any person exercising emergency powers during a state of emergency declared, or transition period notified, under the Civil Defence Emergency Management Act 2002, section 17 does not apply to any activity undertaken by or on behalf of that person to remove the cause of, or minimise any actual or adverse effect of, the emergency.
(2)
If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must advise the appropriate permit authority, within 7 days, that the activity has been undertaken.
(3)
If such an activity, but for this section, would contravene section 17 and the adverse effects of the activity continue, the person who authorised the activity must apply in writing to the appropriate permit authority for any necessary planning consents required in respect of the activity, within 60 working days of the notification under subsection (2).
(4)
If the application is made within the time stated in subsection (3), the activity may continue until the application for a planning consent and any appeals have been finally determined.
(5)
A person does not commit an offence under section 254(1)(a) by acting in accordance with this section.
Compare: 1991 No 69 s 330B
278 Reimbursement or compensation for emergency works
(1)
If the local authority or consent authority takes action under section 275(3) because of the default of any person, the authority may require reimbursement from that person of its actual and reasonable costs (as defined in section 232(1)(d)).
(2)
If the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 232(1)(d).
(3)
The following are entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by their duties under the Act:
(a)
every person having an estate or interest in land that is injuriously affected by the exercise of any power under section 275(3):
(b)
every other person suffering any damage as a result of the exercise of that power.
(4)
Any compensation under subsection (2) must be claimed and determined in accordance with Part 5 of the Public Works Act 1981 and the provisions of that Act, so far as they apply and with all necessary modifications, apply accordingly.
Compare: 1991 No 69 s 331
279 Emergency response regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations (emergency response regulations) for the purpose of—
(a)
responding to a natural hazard event or other emergency in an area; and
(b)
enabling recovery efforts in the affected area (including any work required to improve the resilience or standard of assets).
(2)
Before recommending emergency response regulations, the Minister must—
(a)
be satisfied that the proposed regulations are necessary or desirable for the purpose of this Act:
(b)
be satisfied that the proposed regulations are not broader than is reasonably necessary:
(c)
consider the effects on the environment that could occur as a result of the proposed regulations and whether any adverse effects can be avoided, remedied, or minimised:
(d)
consult the Minister for Emergency Management and Recovery:
(e)
consult the Minister of Conservation if the regulations affect the coastal marine area:
(f)
consult any affected councils and the relevant following groups and invite them to provide written comments about the proposed regulations:
(i)
iwi authorities:
(ii)
post-settlement governance entities:
(iii)
ngā hapū o Ngāti Porou, as defined in section 10 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
(iv)
iwi or hapū who are party to a Mana Whakahono a Rohe or joint management agreement that applies in the region:
(v)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(vi)
protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(vii)
applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(g)
have regard to any comments from affected councils and the groups referred to in paragraph (f):
(h)
provide a draft of the proposed regulations to the committee of the House of Representatives that is responsible for the review of secondary legislation:
(i)
have regard to comments, if any, from the committee of the House of Representatives that is responsible for the review of secondary legislation.
(3)
Before recommending emergency response regulations, the Minister may invite any other persons or representatives of persons that the Minister considers appropriate (including local community groups), or the public generally, to provide written comments about the proposed regulations.
(4)
Comments referred to in subsection (2)(i) or written comments provided in response to an invitation from the Minister under subsection (3) must be provided within 5 working days after the draft is provided to the committee or the invitation is received, respectively, unless the Minister extends that period.
(5)
Written comments provided in response to an invitation from the Minister under subsection (2)(f) must be provided within 10 working days after the invitation is received, unless the Minister extends that period.
(6)
Emergency response regulations—
(a)
may apply only to an area where, under the Civil Defence Emergency Management Act 2002, a state of national or local emergency has been declared or notice given of a local or national transition period; and
(b)
may be made, or continue to apply to that area, after the declaration ceases to have effect or the transition period ends; and
(c)
expire on the date that is 3 years after the first declaration is made or notice is given, or any earlier date specified in the regulations.
(7)
Emergency response regulations may—
(a)
permit, authorise, or prohibit specific activities, while noting that this will not give long-term existing use rights to those activities:
(b)
modify or alter the plan development processes:
(c)
apply a temporary stay to types or categories of permit applications (processing and granting of permits):
(d)
limit or exclude rights of appeal (other than judicial review) in relation to decisions on planning consents, plan changes, or variations:
(e)
extend the time frames for lodging retrospective planning consents for emergency works under section 275:
(f)
extend or shorten permit processing time frames.
(8)
Emergency response regulations may incorporate material by reference. Section 51 applies as if references in that section to a national instrument were references to regulations under this section.
(9)
Emergency response regulations are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 331AA
280 Annual review of emergency response regulations
The Minister must, within 12 months after any regulation made under section 279 comes into force, and once in every 12 months after that while the regulation remains in force,—
(a)
carry out a review of the operation and effectiveness of the regulation; and
(b)
prepare a report on the review; and
(c)
present the report to the House of Representatives as soon as practicable after it has been completed; and
(d)
make public the outcomes of the review.
Compare: 1991 No 69 s 331AB
Subpart 3—Regulations
281 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
providing for anything this Act or provisions in the Natural Environment Act 2025 that are applied to this Act say may or must be provided for by regulations:
(b)
providing direction to support the preparation of regional spatial plans, including direction on the role of central government in supporting regional spatial planning:
(c)
prescribing the manner or content of applications, notices, or any other documentation or information as may be required under this Act, including the service of notices:
(d)
prescribing the manner and content of forms for esplanade strips and access strips:
(e)
prescribing the methods of making an application or requirement for a designation, the persons to be served, the times of service, and the form of application and notice required:
(f)
requiring the payment of fees or charges in connection with—
(i)
an application, notice, or request provided for under this Act:
(ii)
the performance or exercise of any function, power, or duty under this Act:
(g)
prescribing any of the following in relation to fees or charges required under paragraph (f):
(i)
the fee or charge payable or the methods for calculating fees or charges:
(ii)
the persons liable to pay the fees or charges:
(iii)
the persons to whom the fees or charges must be paid:
(iv)
when the fees or charges must be paid:
(v)
the circumstances in which the fees or charges may be refunded, remitted, or waived (wholly or partly):
(h)
prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under clause 88 of Schedule 9, the criteria that the Registrar must apply to—
(i)
assess a person’s ability to pay a fee; and
(ii)
identify proceedings that concern matters of public interest:
(i)
prescribing offences under this Act that constitute infringement offences against this Act:
(j)
prescribing infringement fees (which may be different fees for different offences)—
(i)
not exceeding $2,000, in the case of a natural person, for an infringement offence prescribed under this subsection:
(ii)
not exceeding $4,000, in the case of a person other than a natural person, for an infringement offence prescribed under this subsection:
(k)
prescribing, in relation to infringement offences against this Act, the form and content of infringement notices and reminder notices:
(l)
deeming to be included in any land use plan or proposed land use plan rules that may apply generally or specifically and that may specify activities as restricted discretionary activities, discretionary activities, or prohibited activities:
(m)
providing for any project or work to be a core infrastructure operator for the purpose of clause 9 of Schedule 5:
(n)
prescribing transitional and savings provisions relating to the coming into force of this Act, which may be in addition to or in place of any of the provisions of Schedule 1:
(o)
prescribing criteria for the exercise, in a particular hearing or class of hearing, of the power to give directions to provide evidence within time limits:
(p)
providing for discounts on administrative charges imposed under section 191 when local authorities do not meet time limits set under this Act:
(q)
prescribing, for the purposes of section 186(2)(b),—
(i)
matters by reference to which monitoring must be carried out:
(ii)
standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:
(r)
requiring local authorities to provide information gathered under sections 186 and 188 to the Minister, and prescribing the content of the information to be provided and the manner in which, and time limits by which, it must be provided:
(s)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
All regulations made under subsection (1)(n) that are still in force on the day that is 5 years after the date of commencement of this Act expire at the close of that day.
(3)
Regulations made under this section may incorporate material by reference. Section 51 applies as if its references to national instruments were references to regulations under this section.
(4)
Regulations made under subsection (1) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360
282 Regulations relating to consent processing time frames and procedures
(1)
The Governor-General may, by Order in Council, make regulations that provide for time frames and other procedural matters relating to processing an application for a planning consent.
(2)
Regulations under subsection (1) may—
(a)
prescribe maximum processing time frames for applications for planning consents:
(b)
prescribe time frames for any step involved in the processing of an application (including in relation to submissions, hearings, and decision-making), if a time frame for that step has not been specified in the Act:
(c)
prescribe matters and time periods that must be excluded from the calculation of the maximum processing time frame under section 117:
(d)
prescribe requirements that apply to a request for an extension to a specified time period:
(e)
provide for any other procedural matter that relates to the processing of an application.
(3)
Regulations under subsection (1) may apply—
(a)
generally throughout New Zealand, or specifically to 1 or more districts or regions:
(b)
to all types of planning consents, or only to planning consents of a particular type or relating to a particular activity.
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Planning consent levy
283 Regulations relating to planning consent levy
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing a levy on planning consents and permitted activities registered under section 180.
(2)
The Minister may recommend the making of regulations under this section to fund the following functions under this Act:
(a)
the development and review of national directions:
(b)
preparing and maintaining the system performance framework, including associated data collection.
(3)
Before recommending the making of regulations under subsection (2), the Minister must—
(a)
follow the process set out in section 46, as if the recommendation for regulations were for a proposed national direction; and
(b)
seek and consider economic and financial advice from relevant central government agencies and local authorities relating to the levy.
(4)
Regulations made under this section may—
(a)
set different levy rates for different consents and permitted activities; and
(b)
prescribe the amount of the levy or a method for calculating the amount; and
(c)
specify who is liable to pay the levy; and
(d)
provide for exemptions from or waivers of a levy, in whole or in part, in any class of case, including prescribing any criteria that must be met for an exemption to apply; and
(e)
identify any proportion of the levy that may be retained or transferred to persons specified in the regulations; and
(f)
specify how any proportion transferred under paragraph (e) may be used by the specified person, including any conditions that must be satisfied before the transferred portion of the levy is used.
(5)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Subpart 4—Miscellaneous
Waiver and extension of time limits
284 Power of waiver and extension of time limits
(1)
A consent authority or a local authority may—
(a)
extend a time period specified in this Act or in regulations, whether or not the time period has expired:
(b)
waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents.
(2)
If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—
(a)
waive compliance with the requirement; or
(b)
direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit.
(3)
This section is subject to sections 285 and 286.
285 Requirements for waivers and extensions
(1)
A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document under section 287 unless it has taken into account—
(a)
the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
(b)
the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
(c)
its duty under section 13 to act in a timely and cost-effective manner; and
(d)
if the extension or waiver relates to an application for planning consent, whether the extension or waiver will assist the consent authority in its consideration of the application under subpart 4 of Part 4.
(2)
A time period that is extended under section 284 must not exceed twice the maximum time period specified in this Act.
(3)
Subsection (4) applies to an extension of a time limit imposed on a consent authority in respect of—
(a)
an application for planning consent; or
(b)
an application to change or cancel a condition of a planning consent; or
(c)
a review of a planning consent.
(4)
In addition to the requirements specified in subsections (1) and (2), a consent authority may extend a time period under section 284 only if—
(a)
special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or
(b)
the applicant agrees to the extension.
(5)
A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.
(6)
For the purposes of subsection (4)(a), special circumstances do not include—
(a)
lack of staffing capacity; or
(b)
lack of availability of, or access to, experts.
286 Matters for which time period must not be extended or waived
A consent authority must not, under section 284,—
(a)
waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996; or
(b)
extend the time period for processing and deciding an application for a planning consent for a wood processing activity or specified energy activity (see section 118).
Service of documents
287 Service of documents
(1)
A notice or any other document required or authorised to be served on or given to a person for the purposes of this Act may be served or given by—
(a)
delivering it to the person (other than a Minister of the Crown); or
(b)
leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any notice, application, or other document given under this Act; or
(c)
sending it by post to the person’s usual or last known place of residence or business or to the address specified by the person in any notice, application, or other document given under this Act; or
(d)
emailing it to the person at an email address that is used by the person; or
(e)
complying with a means of service prescribed in regulations made under section 281.
(2)
However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service.
(3)
Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016.
(4)
Where a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service in accordance with subsection (1) is treated as service on the Minister.
(5)
Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) is treated as service on the body.
(6)
Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (5) is treated as service on the partnership.
(7)
Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—
(a)
by delivering it at the organisation’s head office or principal place of business; or
(b)
by sending it to the fax number or electronic address that the organisation has specified for its head office or principal place of business; or
(c)
by a method agreed between the organisation and the person serving the notice or document.
(8)
Where a notice or other document is sent by post to a person in accordance with subsection (1)(c), it is treated as, in the absence of proof to the contrary, being received by the person at the time at which the letter would have been delivered in the ordinary course of the post.
Compare: 1991 No 69 s 352
Crown’s existing rights to resources to continue
288 Crown’s existing rights to resources to continue
Without limiting the Legislation Act 2019, the repeal by this Act or the Crown Minerals Act 1991 of any enactment does not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title continues after that date as if those enactments had not been repealed.
Compare: 1991 No 69 s 354
Vesting of reclaimed land
289 Vesting of reclaimed land
(1)
Any person may apply to the Minister for Land Information for any right, title, or interest in any land to be vested in that person if the land—
(a)
forms part of a riverbed or lakebed that is Crown land; and
(b)
has been reclaimed or is proposed to be reclaimed.
(2)
The Minister for Land Information may, if they think fit, by notice in the Gazette, vest in the applicant any right, title, or interest in any area of reclaimed land that forms part of a riverbed or lakebed that is not within the coastal marine area and that is Crown land of after—
(a)
determining an appropriate price (if any) to be paid by the applicant; and
(b)
ensuring that the regional council has issued a certificate under clause 72 of Schedule 7.
(3)
Every Gazette notice published under subsection (2) must—
(a)
state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and
(b)
describe the right, title, or interest vested; and
(c)
refer to any encumbrances or restrictions imposed on the applicant’s right, title, or interest in the land; and
(d)
be sent by the relevant Minister to the Registrar-General of Land, with a request that a record of title be issued accordingly; and
(e)
be registered, without fee, by the Registrar-General of Land as soon as practicable after receipt from the Minister.
(4)
The Registrar-General of Land must, in accordance with a request made under subsection (3)(d), issue an appropriate record of title in respect of the right, title, or interest in the land vested by the Gazette notice.
(5)
For the purposes of this section, references to land that forms part of a riverbed or lakebed include land which was part of that bed before it was reclaimed.
Compare: 1991 No 69 s 355
Matters may be determined by arbitration
290 Matters may be determined by arbitration
(1)
Except as provided in subsection (2), if—
(a)
any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and
(b)
every person who has such a right of appeal agrees—
any of those persons may apply to the Environment Court for an order authorising the matter to be determined by arbitration, under the Arbitration Act 1996, on such terms and conditions as the court considers appropriate.
(2)
No person may apply to the Environment Court for an order under subsection (1) in relation to any of the following matters:
(a)
any matter relating to a proposed designation or designation:
(b)
any matter relating to a proposed land use plan.
(3)
If an order under subsection (1) is made, no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal without the leave of the court.
(4)
Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision and may, in their award, confirm, amend, or cancel any such decision accordingly.
(5)
Except as otherwise expressly provided, nothing in this section limits the right of any persons to refer to arbitration any disputed matter arising under this Act.
Compare: 1991 No 69 s 356
Collection and spending of planning consent levy
291 Collection and spending of planning consent levy
(1)
This section applies to any money liable to be paid from any levy imposed by regulations made under section 283.
(2)
Consent authorities must collect the money.
(3)
Consent authorities must pay the money collected to the Ministry for the Environment.
(4)
The money collected may only be used for the purposes described in section 283(2).
Joint regional and district planning documents
292 Joint regional and district planning documents
(1)
The purpose of this section is to encourage local authorities to work together to prepare, implement, and administer planning documents.
(2)
Each local authority must, from time to time, consider whether preparing, implementing, and administering planning documents with another local authority in accordance with subsections (3) to (7)—
(a)
would better enable the implementation of national instruments:
(b)
would be appropriate in order to address any significant cross-boundary issues relating to the use, development, or protection of natural and physical resources that arise or are likely to arise.
(3)
A local authority may prepare, implement, and administer a document that meets the requirements of 2 or more of the following:
(a)
a regional spatial plan:
(b)
a natural environment plan under the Natural Environment Act 2025:
(c)
a land use plan.
(4)
Two or more local authorities may prepare, implement, and administer a joint regional spatial plan for the whole or any part of their combined regions.
(5)
Two or more territorial authorities may prepare, implement, and administer a joint land use plan for the whole or any part of their combined districts.
(6)
One or more regional councils or territorial authorities may prepare, implement, and administer a joint regional spatial plan and land use plan for the whole or any part of their respective regions or districts.
(7)
A regional council and all of the territorial authorities within the region may prepare, implement, and administer a document that meets the requirements of the following:
(a)
a regional spatial plan:
(b)
a natural environment plan under the Natural Environment Act 2025:
(c)
either—
(i)
a land use plan for each of the territorial authorities; or
(ii)
a joint land use plan for their combined districts.
293 Requirements for joint regional and district planning documents
(1)
This section sets out the requirements that apply to local authorities preparing or amending a joint planning document in accordance with section 292.
(2)
The relevant local authorities must apply the following requirements as relevant for the documents comprising the joint planning document:
(a)
for a regional spatial plan, the requirements of subpart 1 of Part 3 of this Act:
(b)
for a natural environment plan, the requirements of subpart 1 of Part 3 of the Natural Environment Act 2025:
(c)
for a land use plan, the requirements of subpart 2 of Part 3 of this Act.
(3)
A joint planning document—
(a)
must be prepared in accordance with Schedules 2 and 3, as applicable; and
(b)
must clearly identify—
(i)
the provisions of the document that are the regional spatial plan, the natural environment plan, and the land use plan, as the case may be; and
(ii)
which local authority is responsible for observing, and enforcing the observance of, each provision of the document.
(4)
A joint planning document approved by a local authority is deemed, for the purposes of this Act, to be a plan separately prepared and approved by that authority for its region or district, as the case may be.
(5)
Subsection (4) applies whether or not the joint document is approved by any of the other local authorities concerned.
(6)
Clauses 30 and 30A of Schedule 7 of the Local Government Act 2002 apply to the appointment and conduct of any joint committee set up for the purposes of preparing, implementing, or administering a combined document under this section and section 292.
Amendments to other legislation
294 Amendments to other legislation
(1)
Amend the legislation specified in Part 1 of Schedule 11 on the date that is 1 month after this Act receives Royal assent.
(2)
Amend the legislation specified in Part 2 of Schedule 11 on the date specified by Order in Council under clause 34(1) of Schedule 1.
(3)
Amend the legislation specified in Parts 3 and 4 of Schedule 11 on the specified transition date as defined in clause 4(5) of Schedule 1.
Hearings to be held in public and protection of sensitive information
295 Hearing to be held in public and orders protecting sensitive information
(1)
A hearing held under this Act by a relevant authority must be held in public.
(2)
A relevant authority may, at their own initiative or on the application of any party to a proceedings, make an order protecting sensitive information if satisfied that—
(a)
the order is necessary—
(i)
to avoid serious offence to tikanga Māori or to avoid the disclosure of the location of any wāhi tapu; or
(ii)
to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and
(b)
in the circumstances, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available; and
(c)
any prescribed requirements are met.
(3)
An order protecting sensitive information may—
(a)
require that all or part of any hearing at which the information is likely to be referred to must be held with the public excluded:
(b)
prohibit or restrict the publication or communication of any information supplied to or obtained by the relevant authority in the course of any proceedings, whether or not the information is material to those proceedings.
(4)
A relevant authority may make an order subsection (3)(b) that applies—
(a)
indefinitely or until a date fixed by the hearings authority as appropriate in the circumstances, if the order relates to a matter described in subsection (2)(a)(i); or
(b)
until the close of the relevant proceedings but no longer, in any other case.
(5)
If an order made under subsection (3)(b) ends, the provisions of the Local Government Official Information and Meetings Act 1987 apply to the information that was subject to the order.
(6)
A party any proceedings may apply to the Environment Court under clause 17(1)(a) of Schedule 9—
(a)
for an order cancelling or varying any order made under this section; or
(b)
for an order protecting sensitive information, if a relevant authority has declined to make an order under this section.
(7)
In this section, relevant authority—
(a)
means—
(i)
a local authority; or
(ii)
any other person or body authorised to hold a hearing under this Act; but
(b)
does not include the Planning Tribunal, the Environment Court, or any other court.
Compare: 1991 No 69 s 42
Schedule 1 Transitional, savings, and related provisions
s 5
Contents
Part 1 Provisions relating to this Act as enacted
1 Interpretation
In this Part, unless the context otherwise requires—
local authority means a regional council or territorial authority
specified transition date has the meaning given in clause 4(5)
transition period means the period—
(a)
commencing 1 month after Royal assent; and
(b)
ending on the specified transition date
RMA means the Resource Management Act 1991
RMA planning instruments means regional policy statements, district plans, regional plans, national policy statements, national environmental standards, and national planning standards.
2 Explainer
(1)
When this Act and the Natural Environment Act 2025 receive Royal assent,—
(a)
activity under the Acts will be focussed on making national instruments and preparing planning instruments; and
(b)
the RMA continues to apply.
(2)
The transition period will start 1 month after Royal assent. During this period—
(a)
the RMA continues to apply subject to the amendments made to it in Part 1 of Schedule 11; and
(b)
national instruments will be issued, regional spatial plans will be notified and decided, and land use plans and natural environment plans will be prepared (in that order).
(3)
When the Minister is satisfied that the plans making up the combined plan for each region have been notified, an Order in Council will be made that specifies the transition date. That Order in Council brings an end to the transition period by—
(a)
repealing the RMA; and
(b)
bringing into force the remaining provisions of the Act; and
(c)
giving legal effect to all land use plans and natural environment plans.
(4)
This clause is only a guide.
3 Commencement of transition period
(1)
The transition period commences on the date that is 1 month after Royal assent.
(2)
On the commencement of the transition period,—
(a)
the amendments to the RMA set out in Part 1 of Schedule 11 come into force; and
(b)
the RMA, as amended by Part 1 of Schedule 11, continues in force.
4 Ending of transition period
(1)
The Governor General may, by Order in Council, on the recommendation of the Minister,—
(a)
specify the date on which the transition period ends for all regions; or
(b)
specify the date on which the transition period ends for 1 or more specified regions if the Minister is satisfied that it is no longer feasible to delay the application of the rest of this Act and the Natural Environment Act 2025 in those regions.
(2)
The date specified in an Order in Council made under subclause (1)(a) or (b) must be a date—
(a)
later than 31 December 2027; and
(b)
no sooner than 6 weeks after the Order in Council comes into force.
(3)
If an Order in Council made under subclause (1)(a) specifies the date on which the transition period ends for all regions, on that date,—
(a)
all notified plans that make up the combined plan for each region have legal effect; and
(b)
the provisions described in section 2(1)(b) come into force; and
(c)
the RMA ceases to apply; and
(d)
all RMA planning instruments cease to have legal effect.
(4)
If an Order in Council made under subclause (1)(b) specifies the date on which the transition period ends for 1 or more specified regions, on that date,—
(a)
all notified plans that make up the combined plan for each specified region have legal effect; and
(b)
the provisions described in section 2(1)(b) come into force but applies to the specified region only; and
(c)
the RMA ceases to apply to the specified region; and
(d)
all RMA planning instruments cease to have legal effect in the specified region.
(5)
The specified transition date is the sooner of the following:
(a)
the date specified by the Order in Council made under subclause (1)(a):
(b)
the date specified in the final Order in Council made under subclause (1)(b).
(6)
The RMA is repealed and all RMA planning instruments are revoked on the specified transition date.
(7)
In this section,—
final Order in Council means the Order in Council under subclause (1)(b) that will result in all notified plans that make up the combined plan for each region having legal effect
combined plan means the combined plan required by section 63.
First key instruments
5 First key instruments under this Act and Natural Environment Act 2025
First set of national instruments under both Acts to be issued
(1)
No later than 9 months after Royal assent—
(a)
the national policy direction under this Act must be issued; and
(b)
the national policy direction under the Natural Environment Act 2025 must be issued.
(2)
After the first national policy direction is issued under this Act,—
(a)
national standards setting the evidence base supporting combined plans required by section 58 must be issued within 9 months after Royal assent:
(b)
national standards on standardised provisions required by section 58 must be issued within 18 months after Royal assent.
(3)
After the first national policy direction is issued under the Natural Environment Act 2025—
(a)
national standards required by section 6.5(a), (b), and (d) of that Act must be issued within 9 months after Royal assent; and
(b)
national standards required by section 6.5(c) of that Act must be issued within 18 months after Royal assent; and
(c)
national standards required by section 6.8(1)(b) of that Act must be issued within 9 months after Royal assent.
Regional spatial plan to be notified
(4)
After the first national policy direction is issued under this Act, a draft regional spatial plan for each region—
(a)
must be publicly notified within—
(i)
15 months after Royal assent; or
(ii)
6 months after the first national policy direction is issued; and
(b)
must be decided (in accordance with sections 22 and 23) within 6 months after it is publicly notified.
Land use plan and natural environment plan to be notified
(5)
Within 9 months after a regional spatial plan for a region is decided,—
(a)
each territorial authority in that region must notify a land use plan for public submissions; and
(b)
each regional council must notify a natural environment plan for public submissions.
(6)
However, a territorial authority that is located in 2 or more regions must notify a land use plan for public submissions within 9 months after the last relevant regional spatial plan is decided.
6 Extension of time frame for first key instruments
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister extend the time frame specified in clause 5 that applies to a planning instrument described in that clause.
(2)
However, any such extension must not affect the order in which a key instrument is to be issued, notified, or decided as set out in clause 5.
(3)
An Order in Council under this section is secondary legislation.
7 Process for national instruments that come into force within 9 months of Royal assent
(1)
This section applies to a national instrument that—
(a)
is required by clause (5)(1), (2), or (3) to come into force within 9 months after Royal assent; or
(b)
would otherwise come into force within 9 months after Royal assent.
(3)
The national instrument must be made in accordance with section 46 of this Act or section 70 of the Natural Environment Act 2025 (as the case requires), except that—
(a)
section 46(1) of this Act or section 70(1) of the Natural Environment Act 2025 (as the case requires) does not apply; and
(b)
those notified (under either Act) must be given 20 working days to make submissions on the subject matter of the proposal unless the Minister considers that further time is needed.
8 Independent hearings panel for first land use plans and natural environment plan
(1)
This section applies in relation to the preparation of the first land use plans and natural environment plan in a region.
(2)
The relevant local authorities must—
(a)
jointly appoint an independent hearings panel for the region; and
(b)
before appointing the panel, be satisfied that the members of the panel collectively meet the requirements of any applicable direction under Schedule 4 of this Act.
(3)
The independent hearings panel appointed under this clause must be assigned to—
(a)
the first proposed land use plan for each district in a region; and
(b)
the first proposed natural environment plan for the region.
(4)
The relevant local authorities must, as soon as reasonably practicable after the panel is assigned,—
(a)
advise the Minister of the names of the panel members; and
(b)
publish (in the prescribed manner) the names of the members.
(5)
In this section, relevant local authorities means, in relation to a region—
(a)
the regional council; and
(b)
each territorial authority whose district is in all or part of the region.
9 References to designations during transition period
(1)
This clause applies to during the transition period for the purpose of preparation for the first regional spatial plans and land use plans.
(2)
Unless the context otherwise requires,—
(a)
a reference in this Act to a designating authority must be read as a requiring authority under the RMA:
(b)
a reference in this Act to a proposed designation must be read as reference to a notice of requirement under the RMA:
(c)
a reference in this Act to an existing designation must be read as a reference to an existing designation in a district plan under the RMA.
10 Spatial plans under Local Government (Auckland Council) Act 2009
(1)
This clause applies when Auckland Council gives public notice that it has adopted its first regional spatial plan under clause 1 of Schedule 5.
(2)
Part 6 of the Local Government (Auckland Council) Act 2009 is repealed on the date that notice is given.
Application for consents and notices of requirement before transition period
11 Consent applications and notices of requirement lodged before transition period
The following applies to an application under the RMA for a resource consent or a notice of requirement that is lodged before the commencement of the transition period:
(a)
the application or notice must continue to be processed and determined under the RMA as it was immediately before this Act received Royal assent; and
(b)
if the application or notice is determined before the specified transition date, the application or notice, if granted, must be treated as an application or notice granted under the RMA; but
(c)
if the application is determined after the specified transition date and a resource consent is granted, on the date that the consent comes into force—
(i)
in the case of a land use consent or subdivision consent, the consent is treated as a land use consent or subdivision consent under this Act; and
(ii)
in the case of a regional land use consent, discharge permit, water permit, coastal permit, the consent is treated as a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2025.
Application for consents and notices of requirement during transition period
12 Determination of consent applications and notices of requirement lodged during transition period
(1)
This clause—
(a)
applies to an application for a resource consent or a notice of requirement under the RMA that is lodged during the transition period; and
(b)
continues to apply to the application notice if it is not determined by the specified transition date.
(2)
The application or notice must continue to be processed and determined under the RMA as amended by Part 1 of Schedule 9.
Enforcement processes during transition period
13 Enforcement processes under RMA continued
(1)
To avoid doubt, any enforcement process commenced under the RMA before the end of the transition period, in relation to the matter to which an application for consent or notice of requirement applies must be continued under the RMA as it was immediately before this Act received Royal assent.
(2)
In this clause, enforcement process means any abatement notice, infringement notice, enforcement order, or prosecution under the RMA.
Status of consents, permits, approvals on specified transition date
14 How resource consents and approvals treated on specified transition date
(1)
This clause applies to a land use consent granted by a territorial authority, a subdivision consent, or approval that—
(a)
is granted or deemed to be granted under the RMA before or during the transition period; and
(b)
has not expired on the specified transition date.
(2)
On the specified transition date, the land use consent, subdivision consent, or approval—
(a)
is treated as land use consent, subdivision consent, or approval (as applicable) granted under this Act; and
(b)
has the same terms and conditions it had immediately before the specified transition date, except where its duration is extended by clause 17.
15 Regional land use consent, discharge permit, and coastal permits
A regional land use consent, discharge permit, water permit, or coastal permit that is granted under the RMA before the specified transition date is, on the specified transition date,—
(a)
is treated as a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2025; and
(b)
has the same terms and conditions it had immediately before the specified transition date, except where its duration is extended by clause 17.
16 Resource consents treated as planning consent and natural environment permit
(1)
This clause applies to a resource consent that—
(a)
is granted under the RMA before or during the transition period; and
(b)
has not expired on the specified transition date; and
(c)
authorises activities that are regulated under this Act and the Natural Environment Act 2025.
(2)
On the specified transition date, the resource consent—
(a)
must be treated as—
(i)
a land use consent or subdivision consent (as applicable) granted under this Act; and
(ii)
a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted the Natural Environment Act 2025; and
(b)
has the same terms and conditions it had immediately before the specified transition date, except where its duration is extended by clause 17.
(3)
An application to vary the conditions of the resource consent or a council initiated review of those conditions must be considered or carried out—
(a)
by the regional council or territorial authority whose functions relate to the conditions; and
(b)
in accordance with this Act or the Natural Environment Act 2025 as applicable.
17 Duration of certain existing resource consents extended
(1)
This clause applies to a resource consent that is due to expire during the period—
(a)
commencing on Royal assent; and
(b)
ending 24 months after the specified transition date.
(2)
The duration of the resource consent is extended to the date that is 24 months after the specified transition date.
(3)
Despite subclause (2), if the resource consent relates to water, the total duration of the consent cannot exceed 35 years.
(4)
Any conditions applying to the resource consent continue to apply unless a change to a condition is required as a consequence of extending the duration of the consent.
(5)
The consent authority must update the resource consent to record the extended expiry date under this clause, no later than 3 months after the specified transition date.
(6)
In subclause (3), a resource consent relates to water if it is—
(a)
a water permit within the meaning of section 87 of the RMA:
(b)
a discharge permit (within the meaning of section 87 of the RMA) authorising—
(i)
the discharge of a contaminant or water into water; or
(ii)
the discharge of a contaminant onto or into land in the circumstances described in section 15(1)(b) of the RMA:
(c)
a land use consent under section 9 of the RMA that includes associated discharges.
(7)
This clause does not apply to an extant wastewater consent within the meaning of section 139B of the RMA.
18 Replacement consents
(1)
To avoid doubt, section 164 applies to a resource consent to which clause 17 applies.
(2)
If an application to replace a resource consent to which clause 17 applies is made under this Act or the Natural Environment Act 2025 and the applicant seeks to suspend the processing of the application under the relevant provision,—
(a)
the territorial authority or regional council must not return the application or continue to process the application until after the new expiry date provided under clause 17; and
(b)
paragraph (a) applies regardless of whether the application was made before, on, or after Royal assent.
(3)
In this clause, relevant provision means—
(a)
section 164 in the case of an application for a planning consent; or
(b)
section 164 as applied by section 181 of the Natural Environment Act 2025, in the case of a natural resources permit.
Transfers of power, agreements, and arrangements under RMA
19 Transfer of powers by regional council or territorial authority under RMA
A transfer of a power or function by a regional council or a territorial authority that is given effect to before Royal assent—
(a)
continues to have effect as if this Act had not been enacted; but
(b)
must be treated as if it were a transfer of function or power that is equivalent to a power or function under the Natural Environment Act 2025 or this Act.
20 Existing joint management agreements
(1)
A joint management agreement made under the RMA that exists immediately before the specified transition date continues in effect.
(2)
However, the agreement must be treated as if it were a joint management agreement that relates to functions that are equivalent functions under—
(a)
this Act; or
(b)
the Natural Environment Act 2025.
21 Mana Whakahono ā Rohe
(1)
A Mana Whakahono ā Rohe arrangement that exists or has been initiated immediately before this Act received Royal assent continues in effect.
(2)
However, the contents of the Mana Whakahono ā Rohe arrangement that relate to functions under the RMA must be treated as relating to equivalent functions under—
(a)
this Act; or
(b)
the Natural Environment Act 2025.
(3)
A Mana Whakahono ā Rohe arrangement means a Mana Whakahono ā Rohe arrangement entered into under subpart 2 of Part 5 of the RMA.
Continuation of regulations, instruments, approvals, and other matters under the RMA
22 Emergency response regulations
Regulations made under section 331AA of the RMA that are in force immediately before the specified transition date continue in force until the date on which those regulations would expire in accordance with that section as if that section were still in force.
23 Water conservation orders
(1)
The following water conservation orders, if in force immediately before the specified transition date, continue in force until revoked or varied by an order made under clause 15 of Schedule 4 of the Natural Environment Act 2025:
(a)
National Water Conservation (Ahuriri River) Order 1990:
(b)
National Water Conservation (Grey River) Order 1991:
(c)
National Water Conservation (Lake Wairarapa) Order 1989:
(d)
National Water Conservation (Manganuioteao River) Order 1989:
(e)
National Water Conservation (Motu River) Order 1984:
(f)
National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990:
(g)
National Water Conservation (Rakaia River) Order 1988:
(h)
Te Puna Waiora o Te Waikoropupū Springs and Wharepapa Arthur Marble Aquifer Water Conservation Order 2023:
(i)
Water Conservation (Buller River) Order 2001:
(j)
Water Conservation (Kawarau) Order 1997:
(k)
Water Conservation (Mataura River) Order 1997:
(l)
Water Conservation (Mohaka River) Order 2004:
(m)
Water Conservation (Motueka River) Order 2004:
(n)
Water Conservation (Oreti River) Order 2008:
(o)
Water Conservation (Rangitata River) Order 2006:
(p)
Water Conservation (Rangitikei River) Order 1993.
(2)
A water conservation order that is not listed in subclause (1) and that is in force immediately before the specified transition date continues in force until revoked or varied by an order made under clause 15 of Schedule 4 of the Natural Environment Act 2025.
24 Freshwater farms plans and related matters
(1)
An Order in Council made under section 217C of the RMA that is in force immediately before the specified transition date continues in force as if it were made under clause 5 of Schedule 5 of the Natural Environment Act 2025.
(2)
A freshwater farm plan certified in accordance with regulations made under section 217M of the RMA and in effect immediately before the specified transition date must be treated as a freshwater farm plan certified in accordance with regulations made under clause 15 of Schedule 5.
(3)
A person who immediately before the specified transition date is a certifier or auditor appointed by a regional council under section 217K of the RMA must be treated as a certifier or auditor appointed under clause 12 of Schedule 5.
(4)
An organisation that immediately before the specified transition date is an industry organisation appointed by the Minister under section 217KA of the RMA must be treated as an industry organisation appointed under clause 13 of Schedule 5.
(5)
The Resource Management (Freshwater Farm Plans) Regulations 2023 are continued after the specified transition date as if made under clause 12 of Schedule 5.
(6)
In this clause, Schedule 5 means Schedule 5 of the Natural Environment Act 2025.
25 Continuation of specified regulations under RMA
(1)
The regulations specified in subclause (2)are continued after the specified transition date as if made under both:
(a)
section 307 of the Natural Environment Act 2025; and
(b)
section 281 of this Act.
(2)
The regulations referred to in subclause (1) are:
(a)
Resource Management (Forms, Fees, and Procedure) Regulations 2003:
(b)
Resource Management (Discount on Administrative Charges) Regulations 2010:
(c)
Resource Management (Infringement Offences) Regulations 1999.
(3)
The following regulations are continued after the specified transition date as if made under section 307 of the Natural Environment Act 2025:
(a)
Resource Management (Measurement and Reporting of Water Takes) Regulations 2010:
(b)
Resource Management (Marine Pollution) Regulations 1998:
(c)
Resource Management (Transitional, Fees, Rents, and Royalties) Regulations 1991:
(d)
Resource Management (Stock Exclusion) Regulations 2020:
(e)
Resource Management (Exemption) Regulations 2017:
(f)
Resource Management (Exemption) Regulations 1996.
(4)
The Resource Management (Network Utility Operations) Regulations 2016 are continued after the specified transition date as if made under section 281 of this Act.
Designations and requiring authority approvals
26 Designations
(1)
A designation in place immediately before the specified transition date must be treated as a designation under Schedule 5 of this Act.
(2)
A requirement for a designation in progress immediately before the specified transition date must be treated as a proposed designation under this Act.
27 Requiring authority status
(1)
An entity that is a requiring authority immediately before the specified transition date continues as a designating authority approved under Part 2 of Schedule 5 of this Act.
(2)
To avoid doubt, this clause includes any entity that has been deemed to be a requiring authority under the RMA.
28 Requiring authority approvals
The following approvals, if in force immediately before the specified transition date, continue in force under Part 2 of Schedule 5 of this Act:
(a)
Resource Management (Approval of Auckland International Airport Limited as Requiring Authority) Order 1993:
(b)
Resource Management (Approval of Broadcast Communications Limited as Requiring Authority) Order 1992:
(c)
Resource Management (Approval of New Zealand Rail Limited as Requiring Authority) Order 1992:
(d)
Resource Management (Approval of New Zealand Transport Agency as Requiring Authority) Order 1992:
(e)
Resource Management (Approval of Queenstown Airport Corporation Limited as Requiring Authority) Order 1992:
(f)
Resource Management (Approval of Transpower New Zealand Limited as Requiring Authority) Order 1992:
(g)
Resource Management (Approval of Waikato Regional Airport Limited as Requiring Authority) Order 1992:
(h)
Resource Management (Approval of Wellington International Airport Limited as Requiring Authority) Order 1992:
(i)
Resource Management (Approval of Auckland Electric Power Board as Requiring Authority) Order 1992.
Subdivisions
29 Records of title may be issued in relation to certain survey plans
(1)
The Registrar-General of Land may issue a record of title for any land that is shown as a separate allotment on a survey plan in accordance with clause 31(1) of Schedule 6 if satisfied that one of the following applies:
(a)
the record of title is issued to enable effect to be given to any agreement for sale and purchase, agreement to lease, or other contract to create an interest in land or a building or part of a building made before the commencement of the Resource Management Act 1991:
(b)
the survey plan—
(i)
has been deposited in accordance with section 306 of the Local Government Act 1974; or
(ii)
was a Crown plan to which section 306(7) of the Local Government Act 1974 applied:
(c)
the survey plan has been approved under Part 25 of the Municipal Corporations Act 1954:
(d)
the survey plan—
(i)
has been approved under Part 2 of the Counties Amendment Act 1961; or
(ii)
did not require the approval of the Council under that Part and was deposited under the Land Transfer Act 2017 after that Part came into force:
(e)
the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977.
(2)
This clause overrides clause 31(2) of Schedule 6.
Compare: 1991 No 69 ss 226(1); 2023 No 46 s 591
Continuation of Environment Court
30 Continuation of Environment Court
(1)
A person who is a Judge of the Environment Court, an Environment Commissioner, a Deputy Environment Commissioner, a Registrar, or other officer of the court immediately before the commencement of this clause continues to hold their office subject to this Act.
(2)
All proceedings in progress or pending in the Environment Court operating under the RMA immediately before the commencement of this clause must be continued, completed, and enforced under that Act.
(3)
All jurisdictions, offices, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, and instruments that relate to the Environment Court and originated under the RMA have full effect as if they had originated under the corresponding provisions of this Act and, as necessary, must be treated as having originated under this Act.
Jurisdiction of Planning Tribunal
31 Planning Tribunal has jurisdiction to review specified RMA decisions
(1)
Part 2 of Schedule 11 comes into force on date specified by Order in Council (the appointed date).
(2)
On and from the appointed date,—
(a)
a right of objection to the consent authority under specified sections of the RMA is replaced with a right of review to the Planning Tribunal (see Part 2 of Schedule 11); and
(b)
review of a specified decision must be carried out in accordance with Schedule 10 of this Act instead of the RMA; and
(c)
any appeal or review of a decision for the Planning Tribunal in reviewing a specified decision, must be made under Schedule 10.
(3)
A right of review conferred under specified sections of the RMA may be exercised only in respect of specified decisions made on or after the appointed date.
(4)
The Planning Tribunal has jurisdiction to review a specified decision in accordance with Schedule 10, which applies as if a reference to a consent or permit were reference to a resource consent.
(5)
In this section, specified sections means sections 357(1), (3), (6), or (7) and 357A(1) of the RMA.
Schedule 2 Spatial plans
s 74
Contents
Part 1 Contents of regional spatial plan
1 Form of regional spatial plan
A regional spatial plan must be in the form, if any, prescribed by national standards and regulations.
Compare: 2023 No 47 s 16(3)
2 Contents of regional spatial plans
(1)
A regional spatial plan—
(a)
must identify and provide for the mandatory matters listed in clause 3; and
(b)
may identify and provide for any other matters in accordance with subclause (3).
(2)
A regional spatial plan must be consistent with—
(a)
environmental limits; and
(b)
national instruments; and
(c)
any water conservation order that applies in the region.
(3)
A regional spatial plan must provide for the matters referred to in subclause (1)—
(a)
only to the extent that the spatial plan committee considers that they are of strategic importance to the district, region, or country; and
(b)
consistent with national instruments.
(4)
A regional spatial plan must set out the actions that are critical for the implementation of the plan.
Compare: 2023 No 47 ss 15(1)(e)–(f), 16(1), (2)
3 Contents of regional spatial plans: mandatory matters
(1)
The mandatory matters referred to in clause 2(1)(a) are as follows:
(a)
constraints on the use and development of land and the coastal marine area, including natural hazards, highly productive land, significant natural areas, and outstanding natural features and landscapes:
(b)
the spatial implications of environmental limits:
(c)
sequenced future urban development areas and existing urban areas where significant change is planned, including priority areas for public investment in the short, medium, and long-term:
(d)
existing and future key infrastructure, including corridors and strategic sites and opportunities to make better use of existing infrastructure:
(e)
other infrastructure services that may be needed to serve future urban areas:
(f)
priority locations for adaptation plans prepared under the Climate Change Response Act 2002:
(g)
infrastructure supporting activities:
(h)
where necessary, existing and planned uses that require separation from incompatible activities:
(i)
the gross pattern of urban, rural, industrial, and other development types to the extent required to—
(i)
inform consideration of scenarios and options for future urban development and infrastructure; or
(ii)
identify where separation of incompatible activities may be required:
(j)
any statutory acknowledgements from Treaty settlement legislation that apply in the region, including relevant statements of association, and the areas to which they apply:
(k)
sites of significance to Māori:
(l)
any customary marine title area or protected customary rights area in the region.
(2)
A statutory acknowledgement described in subclause (1)(j) must be attached to the plan.
(3)
The provisions of the legislation that provide for the statutory acknowledgement apply.
(4)
The attachment of a statutory acknowledgement to a regional spatial plan is for public information only and, unless adopted by the local authorities as part of the plan, is not part of the plan.
Compare: 2023 No 47 s 17
4 General requirements: use and presentation of information
Quality and completeness of information
(1)
A spatial plan committee must ensure that its draft regional spatial plan is,—
(a)
as far as practicable, based on robust and reliable evidence and other information that is proportionate to the level of detail required in the particular context; and
(b)
prepared in accordance with any requirements in national instruments or regulations about the methodology and data or other information that must be used.
(2)
The spatial plan committee must not use an uncertainty or inadequacy in the available information as a reason to omit content from its regional spatial plan if the committee considers that including the content is necessary to meet the requirements of clause 2 or 3.
(3)
If the spatial plan committee is using information that is uncertain or inadequate, the committee must have regard to—
(a)
the extent of the uncertainty or inadequacy; and
(b)
how content in its regional spatial plan that is based on the information may become more detailed or otherwise be improved over time, including through—
(i)
actions that support the development of more certain or complete information; and
(ii)
provision for the plan to be reviewed under clause 31 in circumstances where the committee expects more certain or complete information may be available.
Scale and level of detail
(4)
The spatial plan committee must be satisfied that each matter covered in its regional spatial plan is provided for at a spatial scale that is appropriate to the matter.
(5)
The spatial plan committee must also be satisfied that its regional spatial plan provides for each matter at a level of detail that—
(a)
reflects—
(i)
the evidence and other information available about the matter; and
(ii)
the extent of work or planning already undertaken on any relevant activity or proposal; and
(b)
gives sufficient flexibility to enable the persons who have a role in implementing or progressing the plan to do so in the most appropriate and efficient way; and
(c)
subject to paragraphs (a) and (b), is sufficient to give reasonable certainty to those persons about the matter.
How information is set out
(6)
The spatial plan committee must consider how to set out its regional spatial plan in a way that is easy for interested parties and other members of the public to use and understand, including through the appropriate use of maps and other visual illustrations of spatial matters.
(7)
Subclauses (4) to (6) are subject to clause 1.
Compare: 2023 No 47 s 22
Part 2 Preparation and review of regional spatial plan
Subpart 1—General
5 General considerations
(1)
A spatial plan committee must comply with this clause in preparing a draft regional spatial plan.
(2)
The spatial plan committee must, to the extent relevant to the draft regional spatial plan,—
(a)
have regard to—
(i)
the Government policy statements listed in regulations; and
(ii)
any statutory acknowledgement; and
(iii)
any plan prepared under section 14 of the Maori Commercial Aquaculture Claims Settlement Act 2004; and
(iv)
any statement of the Government’s response under section 18 of the New Zealand Infrastructure Commission/Te Waihanga Act 2019 to a strategy report provided under that Act; and
(v)
any instrument notified in the Gazette by the Minister; and
(vi)
any long-term plan, including the infrastructure and financial strategies, prepared under the Local Government Act 2002; and
(vii)
any regional land transport plan prepared under the Land Transport Management Act 2003; and
(viii)
any other statutory strategy, policy, or plan related to infrastructure or another mandatory matter under clause 3, including water services strategies prepared under the Local Government (Water Services) Act 2025; and
(ix)
the natural environment plan for the region prepared under the Natural Environment Act 2025; and
(x)
any land use plan prepared under this Act; and
(xi)
any adaptation plan prepared under the Climate Change Response Act 2002; and
(xii)
any response from iwi authorities or customary marine title groups to consultation conducted under section 70; and
(xiii)
regulations relating to ensuring sustainability, or the conservation, management, or sustainability, of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and
(xiv)
any planning document that is—
(A)
recognised by an iwi authority; and
(B)
provided or available to the committee before the plan is adopted.
(3)
The spatial plan committee must also—
(a)
take into account any planning document prepared under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 (a customary marine title planning document) that relates to an area in the region in which a customary marine title group exercises kaitiakitanga; and
(b)
recognise and provide for a customary marine title planning document if the draft regional spatial plan relates to the coastal marine title area of a customary marine title group; and
(c)
have regard to any recognised wāhi tapu conditions set out under section 79 of the Marine and Coastal Area (Takutai Moana) Act 2011.
(4)
For the purposes of subclause (2)(b)(ii), a planning document or statement is available to the spatial plan committee if the document or statement is published on an internet site that can be accessed by the public free of charge.
(5)
A notice under subclause (2)(a)(iii) may—
(a)
identify any published instrument that the Minister considers is relevant to a regional spatial plan, a class of regional spatial plans, or all regional spatial plans; and
(b)
apply in relation to that plan or those plans.
(6)
The Minister must make the notice publicly available.
(7)
In this clause, instrument includes secondary legislation, a strategy, a plan, and any other type of document.
Compare: 2023 No 47 s 23
6 Incorporation of information from land use and natural environment plans
(1)
A regional spatial plan may incorporate the following from the region’s operative land use plan or natural environment plan:
(a)
information about the state and characteristics of the environment, including information about infrastructure and other aspects of the built environment:
(b)
information that reflects decisions about—
(i)
whether areas or features of the environment have particular characteristics, should be classified in a particular way, or meet related criteria that are set out in legislation:
(ii)
designations:
(c)
environmental limits that are set in the plan.
(2)
Before incorporating the information, a spatial plan committee or local authority must consider whether, in the period since the land use plan or natural environment plan became operative,—
(a)
there has been a significant change in the relevant environment:
(b)
any significant new information about the relevant environment has become available.
(3)
The information from the region’s operative land use plan or natural environment plan may be incorporated by the local authorities when making decisions on the independent hearings panel’s recommendations on the draft regional spatial plan.
(4)
If information is incorporated under subclause (3),—
(a)
the spatial plan committee and the local authorities need not comply with clause 4 in relation to the information; and
(b)
the independent hearings panel need not consider or respond to any submission or other comment received on the information when carrying out its functions under clauses 16 and 17, except to the extent the submission or other comment relates to the matters described in subclause (2).
Compare: 2023 No 47 s 27
7 Spatial plan committee to invite applications from designating authorities
(1)
When preparing a draft regional spatial plan, a spatial planning committee must invite relevant designating authorities to apply—
(a)
to have indicative locations for any future designations identified in the draft regional spatial plan; or
(b)
under clause 32 of Schedule 5 to notify a proposed designation through the spatial planning process.
(2)
A designating authority must submit any application in response to an invitation under subclause (1) within 20 working days of the date on which the invitation is sent.
(3)
An application in response to an invitation under subclause (1)(a) must include an assessment of the strategic need for the future designation in that indicative location.
Subpart 2—Issues affecting adjacent regions
8 Issues affecting adjacent regions
(1)
This clause applies if an agreement under section 69 includes inter-regional matters that a regional spatial plan will focus on that have been agreed to by the local authorities in the relevant adjacent regions.
(2)
The local authorities of each relevant adjacent region must include the inter-regional content in the draft regional spatial plan for their region.
(3)
The local authorities of each relevant adjacent region must approve the inter-regional content of the draft regional spatial plan before the plan is approved for public notification under clause 12.
(4)
The local authorities of each relevant adjacent region may combine their independent hearings panel administrative and secretarial support processes to consider and hear submissions and make recommendations on inter-regional content.
(5)
The independent hearings panels of 2 or more regions may hold joint hearings on the inter-regional content of the draft regional spatial plan and make joint recommendations on that content in accordance with clauses 16 and 17.
(6)
Clauses 18 to 21 apply to any independent hearings panel recommendations related to inter-regional content, with clause 21 modified to require the local authorities of each relevant region to make decisions.
(7)
If the local authorities of each region cannot agree on a decision required under clause 21, clauses 22 and 23 apply.
Subpart 3—Process for preparing regional spatial plans
9 Preparation of draft regional spatial plan
(1)
A spatial plan committee must prepare a draft regional spatial plan in accordance with—
(a)
the joint process agreement under section 69; and
(b)
the consultation requirements in this Act; and
(c)
the consultation requirements applicable to joint committees under the Local Government Act 2002.
(2)
While preparing the draft plan, the spatial plan committee must also prepare, in accordance with any requirements prescribed by national instruments or regulations,—
(a)
scenarios for the purpose of testing options; and
(b)
an options assessment report.
(3)
Despite subclause (2)(a), the spatial plan committee does not need to prepare scenarios if—
(a)
the spatial plan committee is carrying out the process required by this clause for the purposes of amending its regional spatial plan; and
(b)
the scenarios would not be relevant to the amendment.
(4)
The spatial plan committee must make the options assessment report publicly available when the draft regional spatial plan is publicly notified.
Compare: 2023 No 47 Schedule 4 cl 2
10 Identified Māori land
(1)
This clause applies if a spatial plan committee is preparing a draft regional spatial plan that identifies—
(a)
the need for potential infrastructure or infrastructure corridors or sites that may require a designation; and
(b)
the potential location of the infrastructure or infrastructure corridors or sites (whether that is done by identifying a specific location or a wider area in which the infrastructure or infrastructure corridors or sites may be located).
(2)
In identifying the potential location, the spatial plan committee must—
(a)
act in a manner that recognises that identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and.
(b)
consider the rights and interests of owners of identified Māori land to retain, control, utilise, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
Compare: 2023 No 47 s 26
11 Draft regional spatial plan to be recommended for public notification
(1)
A spatial plan committee must decide whether to recommend the draft regional spatial plan to local authorities for approval for public notification.
(2)
When the spatial plan committee recommends the draft regional spatial plan to local authorities for approval for public notification, they must provide the recommended plan to all local authorities in the region.
12 Approving draft regional spatial plan for public notification
(1)
When the local authorities in a region receive a recommendation under clause 11, they must decide whether to approve the public notification of the draft regional spatial plan in accordance with regulations.
(2)
If the local authorities cannot agree on whether to approve the public notification of the draft regional spatial plan, clauses 22 and 23 apply.
13 Audit of draft regional spatial plan
The Minister may, in accordance with regulations, audit a draft regional spatial plan for compliance with the requirements of this Act and national instruments—
(a)
before the draft plan is publicly notified under clause 14; or
(b)
before the draft plan is adopted under clause 36.
14 Public notification of draft regional spatial plan
When local authorities approve the draft regional spatial plan for public notification, the secretariat appointed under section 71 must—
(a)
make the draft regional spatial plan and the options assessment report publicly available; and
(b)
give public notice of where the draft regional spatial plan and the options assessment report are available; and
(c)
give interested parties and other members of the public 20 working days from the date the plan is made publicly available to provide written submissions on the draft regional spatial plan.
Compare: 2023 No 47 Schedule 4 cl 4
Subpart 4—Independent hearings panel process
15 Independent hearing panel
(1)
A spatial plan committee must assign an independent hearings panel to a draft regional spatial plan in accordance with clause 3 of Schedule 4.
(2)
An independent hearings panel—
(a)
has the powers and duties prescribed in regulations; and
(b)
must exercise its prescribed powers and duties in the prescribed manner.
(3)
Schedule 4 sets out further provisions relating to the appointment and funding of independent hearings panels.
16 Hearing on draft regional spatial plan
The independent hearings panel must hold a hearing into submissions on the draft regional spatial plan.
Compare: 2023 No 47 Schedule 4 cl 5
17 Independent hearings panel must make recommendations on draft regional spatial plan
(1)
The independent hearings panel must make recommendations on the draft regional spatial plan in a report, which must include any recommended changes to the draft regional spatial plan.
(2)
When making recommendations on the draft regional spatial plan, the independent hearings panel must only consider the following matters:
(a)
the matters specified in clause 5:
(b)
the draft options assessment report prepared under clause 9:
(c)
any other report commissioned by the panel or prepared for the panel by the spatial plan committee or a local authority:
(d)
any submissions received on the draft regional spatial plan, including supporting evidence and information provided by submitters.
(3)
If the independent hearings panel makes recommendations on a proposed designation, it must consider the matters set out in section 24(1) to (3).
(4)
The independent hearings panel must be satisfied that its recommendations, if accepted, would comply with the requirements of this Act and any other legislation that applies to the preparation of a regional spatial plan.
(5)
The independent hearings panel’s report must set out its consideration of the matters listed in subclause (2) and its reasons for accepting or rejecting submissions (grouped into themes).
(6)
The independent hearings panel must provide the report to the following within 40 working days after the close of the hearings:
(a)
the local authorities in the region:
(b)
the spatial plan committee:
(c)
any designating authorities who have notified a proposed designation in the draft regional spatial plan:
(d)
the Minister.
Subpart 5—Independent hearings panel recommendations
18 Spatial plan committee to provide advice to relevant local authorities on independent hearings panel recommendations
A spatial plan committee must provide advice to the relevant local authorities on independent hearings panel recommendations on the draft regional spatial plan.
19 Minister may make decisions on recommendations relating to certain matters
(1)
The Minister may make a decision on a recommendation made under clause 17 if the recommendation relates to—
(a)
a matter that will have a significant positive or negative impact on the delivery, use, performance, or cost or cost-effectiveness of existing or planned infrastructure or other assets that are owned or funded (in whole or part) by central government; or
(b)
infrastructure or a matter that will support or impact a matter of national interest included in national instruments, a government policy statement, or other national plan or strategy.
(2)
Subclause (1) does not apply to a recommendation made under clause 17 on a proposed designation that has been notified in the draft regional spatial plan.
(3)
If the Minister intends to make a decision under subclause (1), the Minister must notify the local authorities and the spatial plan committee of that intention and provide them a time frame within which the Minister will make the decision on the recommendation.
(4)
The Minister must—
(a)
decide whether to accept or reject the recommendation within the time frame provided under subclause (3); and
(b)
for a rejected recommendation, decide an alternative solution, which—
(i)
may or may not include elements of both the draft regional spatial plan as notified and the independent hearings panel’s recommendation in respect of that part of the draft plan; but
(ii)
must be within the scope of the submissions.
(5)
When deciding whether to accept or reject a recommendation, the Minister must consider whether their decision is consistent with the requirements of this Act that are—
(a)
related to the contents of spatial plans; and
(b)
relevant to that decision.
(6)
The Minister must make a decision on a recommendation made under clause 17 within 12 months of the date on which the draft regional spatial plan was notified.
(7)
If the Minister and local authorities make a decision on a recommendation made under clause 17 and the decisions conflict, the Minister’s decision prevails.
(8)
The Minister must—
(a)
publicly notify their decision under subclause (1) on an internet site in a way that sets out the following information:
(i)
whether they accept the recommendation of the independent hearings panel; or
(ii)
whether they reject the recommendation of the independent hearings panel and the reasons for doing so; and
(iii)
the alternative solution for any rejected recommendation; and
(b)
notify each local authority in the region, the spatial planning committee, and each designating authority affected by the decisions of the Minister under subclause (1) of the information referred to in paragraph (a).
20 Designating authority to make decisions on recommendations relating to proposed designation
(1)
This clause applies to a recommendation made by the independent hearings panel that relates to a proposed designation that a designating authority has notified in a draft regional spatial plan.
(2)
The designating authority must—
(a)
decide whether to accept or reject the recommendation within 30 working days from the date the designating authority receives the independent hearings panel’s recommendations; and
(b)
for each rejected recommendation, decide an alternative solution, which—
(i)
may or may not include elements of both the draft regional spatial plan as notified and the independent hearings panel’s recommendation in respect of that part of the draft plan; but
(ii)
must be within the scope of the submissions.
(3)
When deciding whether to accept or reject a recommendation, the designating authority must consider whether their decision is consistent with the requirements of this Act that are—
(a)
related to the contents of spatial plans; and
(b)
relevant to that decision.
(4)
The designating authority must notify the relevant territorial authority of its decision under subclause (2).
(5)
The relevant territorial authority must—
(a)
publicly notify the decision under subclause (2); and
(b)
notify the spatial plan committee, all other local authorities in the region, and the Minister of the decision; and
(c)
notify every person who made a submission on the requirement, and the land owners and occupiers who are directly affected by the decision, of the decision within 15 working days of the territorial authority receiving the decision.
21 Local authorities to consider recommendations
(1)
Local authorities that have received advice provided under clause 18 must—
(a)
decide whether to accept or reject each recommendation of the independent hearings panel; and
(b)
for each rejected recommendation, decide an alternative solution, which—
(i)
may or may not include elements of both the draft regional spatial plan as notified and the independent hearings panel’s recommendation in respect of that part of the draft plan; but
(ii)
must be within the scope of the submissions.
(2)
When deciding whether to accept or reject a recommendation of the independent hearings panel, the local authorities must—
(a)
adhere to any agreement entered into by the local authorities in relation to their respective decision-making responsibilities; and
(b)
consider whether their decision is consistent with the requirements of this Act that are—
(i)
related to the contents of spatial plans; and
(ii)
relevant to that decision.
(3)
Local authorities must make decisions under subclause (1) within 12 months of the date on which the draft regional spatial plan was notified.
(4)
Local authorities must, no later than 40 working days after they are provided with a report (or, if there is more than 1 report, the last of the reports) under clause 17,—
(a)
publicly notify their decisions under subclause (1) on an internet site maintained by the relevant local authorities in a way that sets out the following information:
(i)
each recommendation of the independent hearings panel that it accepts; and
(ii)
each recommendation of the independent hearings panel that it rejects and the reasons for doing so; and
(iii)
the alternative solution for each rejected recommendation; and
(b)
publish on an internet site a copy of the plan that incorporates changes required to reflect the local authorities’ decisions; and
(c)
notify—
(i)
the Minister and the spatial plan committee of the decisions under subclause (1); and
(ii)
each designating authority affected by the decisions of the local authorities under subclause (1) of the information referred to in paragraph (a) that specifically relates to the decision recommending that the designating authority confirm, modify, impose conditions on, or withdraw the designation.
Compare: 2023 No 46 Schedule 6 cl 128
Subpart 6—Dispute resolution
22 Consensus decision-making
(1)
Spatial plan committees and local authorities must do all things reasonably practicable to achieve consensus in their decision-making under this Act on the regional spatial plan.
(2)
If the chairperson of the spatial plan committee determines that the committee is unable to achieve a consensus, they must follow the prescribed dispute resolution process.
(3)
If 2 or more local authorities are unable to achieve a consensus following decisions made using their respective procedures, they must follow the prescribed dispute resolution process.
(4)
In this clause and in clause 23, consensus means—
(a)
unanimity; or
(b)
general agreement characterised by the absence of sustained opposition on any substantial issue.
Compare: 2023 No 46 Schedule 7 cl 21
23 Parties to refer matter to Minister if no decision achievable
(1)
This clause applies if—
(a)
a consensus is not reached on a matter; and
(b)
the prescribed dispute resolution process fails to resolve the dispute.
(2)
The parties must advise the Minister that a decision is required on the matter.
(3)
The Minister may—
(a)
review and determine the matter; or
(b)
appoint an independent person to review and determine the matter.
(4)
The parties must comply with information requests from the Minister or person making the determination that are relevant to the matter requiring decision.
(5)
The Minister or person making the determination must consider any relevant information provided to them by the parties and provide a determination within a reasonable time frame.
(6)
The Minister, as the case may be, must advise the parties of the determination and the parties must make the determination publicly available.
(7)
The determination is binding on the parties.
Compare: 2023 No 46 Schedule 7 cl 27
Subpart 7—Appeals
24 Appeal to Environment Court on point of law
(1)
A person who submitted on a draft regional spatial plan may appeal to the Environment Court against a decision on an independent hearings panel recommendation on a question of law.
(2)
Notice of the appeal must be given in accordance with clause 37 of Schedule 3.
25 Appeal to Environment Court on merits
(1)
A person who submitted on a draft regional spatial plan may appeal to the Environment Court in respect of a decision to reject the independent hearings panel’s recommendation relating to infrastructure.
(2)
However, a person may appeal under subclause (1) only if the person referred to the matter in the person’s submission on the draft regional spatial plan.
(3)
Notice of the appeal must be given in accordance with clause 37 of Schedule 3.
Compare: 1991 No 69, Schedule 1 cl 14
26 Appeal to Environment Court on decision of designating authority
(1)
A person who submitted on a draft regional spatial plan or a local authority may appeal to the Environment Court in respect of a decision of a designating authority under clause 20.
(2)
However, a person may appeal under subclause (1) only if the person referred to the decision in the person’s submission on the draft regional spatial plan.
(3)
Notice of the appeal must be given in accordance with clause 37 of Schedule 3.
Compare: 1991 No 69 Schedule 1 cl 14
27 Hearing by Environment Court on appeal
The Environment Court must hold a public hearing into any provision or matter that is appealed under clause 24, 25, or 26.
Compare: 1991 No 69 Schedule 1 cl 15
28 Decision of Environment Court may be appealed
(1)
A party to an appeal before the Environment Court under clause 24, 25, or 26 may appeal on a question of law to the Court of Appeal against the decision of the Environment Court.
(2)
The appeal must be made in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011, and that subpart applies—
(a)
as if the Environment Court were the first appeal court (as in section 300 of that Act); and
(b)
with any other necessary modifications.
(3)
An appeal against the decision of the Court of Appeal may be made to the Supreme Court with the leave of the Supreme Court.
(4)
Clauses 77 to 86 of Schedule 9 do not apply to an appeal against a decision of the Environment Court under clause 24, 25, or 26.
Subpart 8—Adoption of regional spatial plan
29 Local authorities to adopt regional spatial plan
When all decisions under section 21(1) have been notified and any appeals on those decisions have been finally determined, each local authority in a region must adopt the regional spatial plan.
30 Public notification of adopted regional spatial plan
(1)
If all local authorities in a region adopt a regional spatial plan, the spatial plan committee must—
(a)
make the following documents and other information publicly available:
(i)
the plan; and
(ii)
the associated final options assessment report; and
(iii)
any other associated information prescribed by national instruments or regulations; and
(b)
give public notice of—
(i)
the date on which the plan was adopted; and
(ii)
where the documents and other information are available.
(2)
The final options assessment report must—
(a)
include a summary of any material changes made to the regional spatial plan since the draft was notified under clause 14; and
(b)
include a summary of the submissions received on the draft plan and the independent hearings panel’s responses to them; and
(c)
be prepared in accordance with any requirements prescribed by national instruments or regulations.
Compare: 2023 No 47 Schedule 4 cl 7
Subpart 9—Review of regional spatial plans
31 Review of regional spatial plans
(1)
A spatial plan committee may review its regional spatial plan—
(a)
at any time for the purpose of determining whether the plan may need to be amended or replaced; and
(b)
when a new customary marine title area or protected customary rights area is recognised in the spatial plan area; and
(c)
when new statutory acknowledgements from Treaty settlement legislation apply in the spatial plan area; and
(d)
when a customary marine title planning document that relates to the spatial plan area is lodged with the committee.
(2)
The review may relate to—
(a)
the whole or a part of the regional spatial plan:
(b)
the addition of new content to the plan.
Compare: 2023 No 47 s 43
32 Review required every 10 years and if national instruments require
(1)
A spatial plan committee must review its regional spatial plan—
(a)
within each 10 year period starting from the date on which it is adopted to assess whether the plan needs to be amended to maintain compliance with section 67(c); and
(b)
when required to do so by national instruments.
(2)
If, following the review, the spatial plan committee decides that the regional spatial plan does need to be amended, the committee must amend the plan as soon as practicable within the time, if any, specified in national instruments.
(3)
If an amendment to a national instrument is relevant only to a part of the regional spatial plan, the spatial plan committee—
(a)
need review only that part of the plan; but
(b)
must record its reasons for reviewing only that part of the plan and make them publicly available.
Compare: 2023 No 47 s 44
33 Public notice of reviews
A spatial plan committee must—
(a)
give public notice of the start and completion of a review of its regional spatial plan; and
(b)
make its review report publicly available.
Compare: 2023 No 47 s 50
34 Amendments following review
(1)
This clause applies if a review under clause 31 or 32 recommends amendments to a regional spatial plan.
(2)
The local authorities in the region must initiate amendments to their regional spatial plan by agreeing the matters in section 69, to the extent that the matters are relevant to the proposed amendments.
(3)
The spatial plan committee must prepare—
(a)
a draft amendment to the regional spatial plan; or
(b)
if a significant number of changes are required, a draft amended regional spatial plan.
(4)
Section 70 and clauses 1 to 4 apply in respect of amendments prepared under subclause (3).
(5)
Clauses 5 to 30 apply in respect of amendments prepared under subclause (3), to the extent that they are relevant to the proposed amendments.
35 Minor amendments
(1)
A spatial plan committee may amend its regional spatial plan without undertaking a review or complying with clause 34 if the amendment will have no more than a minor effect or corrects a minor error.
(2)
The spatial plan committee must—
(a)
make the amendment publicly available; and
(b)
give public notice of the date on which the amendment was adopted and where it is available.
Compare: 2023 No 47 s 54
Part 3 Implementation of regional spatial plan
36 Co-ordination documents must be prepared and adopted
(1)
A spatial plan committee must prepare and adopt a co-ordination document for its regional spatial plan in accordance with regulations.
(2)
A spatial plan committee must adopt a co-ordination document within 6 months after local authorities adopt a regional spatial plan.
(3)
A spatial plan committee must make its co-ordination document publicly available.
Compare: 2023 No 47 s 55
37 Review of co-ordination documents
A spatial plan committee must review its co-ordination document in accordance with regulations.
Compare: 2023 No 47 s 58
38 Reporting on co-ordination documents
A spatial plan committee must monitor and report annually on its co-ordination document in accordance with regulations.
Compare: 2023 No 47 s 59
Schedule 3 Further provisions relating to plans
ss 77 and 92
Contents
Preliminary provisions
1 Application
(1)
This schedule sets out further provisions that apply in relation to—
(a)
land use plans under this Act (see sections 77 and 92); and
(b)
natural environment plans under the Natural Environment Act 2025 (see sections 94 and 111 of that Act).
(2)
The provisions in this schedule apply to both types of plan, except where a provision indicates that it applies to a particular type of plan.
2 Interpretation
(1)
When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
(2)
When this schedule is applied for the purposes of the Natural Environment Act 2025, unless the context otherwise requires, a term used in this schedule that is defined in section 3 of the Natural Environment Act has the meaning given in section 3 of that Act.
Example
Clause 4 refers to a “proposed plan”. That means a proposed plan as defined in section 3 for the purposes of this Act (a proposed land use plan), and a proposed plan as defined in section 3 of the Natural Environment Act 2025 (a proposed natural environment plan) for the purposes of that Act.
(3)
In this schedule, unless the context otherwise requires,—
existing designation,—
(a)
in relation to a proposed land use plan that is a new land use plan, means a designation in the operative land use plan; and
(b)
in relation to a proposed land use plan that is a plan change in response to a review under section 99(1), means a designation in any part of the operative plan that was reviewed under that section
local authority,—
(a)
in relation to a land use plan or proposed land use plan under this Act, means the territorial authority (as that term is defined in section 3 of this Act) responsible for the land use plan; and
(b)
in relation to a natural environmental plan or proposed land use plan under the Natural Environment Act 2025, means the regional council (as that term is defined in section 3 of that Act) responsible for the natural environment plan
nearby local authority,—
(a)
in relation to a territorial authority preparing or changing a land use plan under this Act, means—
(i)
any regional council whose region includes all or part the district of the territorial authority; and
(ii)
any territorial authority whose district adjoins the district of the territorial authority; and
(b)
in relation to a regional council preparing or changing a natural environment plan under the Natural Environment Act 2025, means—
(i)
any territorial authority whose district (or part of its district) is within the region of the regional council; and
(ii)
any regional council whose region adjoins the region of the regional council
notify for submissions, in relation to a proposed plan or private plan change, means to notify the proposed plan for—
(a)
public submissions in accordance with clause 15; or
(b)
targeted submissions in accordance with clause 16
proposed designation, in relation to a proposed land use plan, means a proposed designation (as that term is defined in clause 1 of Schedule 5) that is included in the proposed land use plan under clause 9(1) or 8
requester, in relation to a change request, means the person who made the change request
submitter, in relation to a proposed plan or private plan change, means a person who made a submission on the proposed plan or private plan change.
Part 1 Preparing and changing plans
Preparing proposed plan
3 Iwi participation legislation and Mana Whakahono ā Rohe
A local authority must prepare and change its plan in accordance with—
(a)
any applicable iwi participation legislation or agreement under that legislation; and
(b)
any existing or initiated Mana Whakahono ā Rohe.
Compare: 1991 No 69 Schedule 1 cls 1A, 1B
4 Preparing proposed plan
A local authority begins the preparation or change of a plan by preparing a proposed plan.
Compare: 1991 No 69 Schedule 1 cl 2(1)
5 Pre-notification consultation on proposed plan
(1)
Before notifying a proposed plan for submissions, a local authority must consult on the subject matter of the proposed plan with—
(a)
the Minister; and
(b)
any other Minister of the Crown whose portfolio may be affected by the proposed plan; and
(c)
any nearby local authority; and
(d)
tangata whenua of the district of the territorial authority or the region of the regional council (as applicable) who may be affected, through iwi authorities; and
(e)
any customary marine title group that holds customary marine title over a customary marine title area,—
(i)
in the case of a proposed land use plan, in the district of the territorial authority or any part of the common marine and coastal area adjacent to that district; or
(ii)
in the case of a proposed natural environment plan, in the region of the regional council.
(2)
However, a local authority is not required to consult an entity described in subclause (1) in relation to a matter in the proposed plan if the local authority—
(a)
consulted the entity or their representative on that matter under another enactment within the 36 months before public notification of the proposed plan; and
(b)
advised the entity or their representative that information obtained from that consultation would also be used for processes under this Act (in the case of a proposed land use plan) or the Natural Environment Act 2025 (in the case of a proposed natural environment plan).
(3)
A local authority may consult anyone else before notifying a proposed plan for submissions.
Compare: 1991 No 69 Schedule 1 cls 3, 3C
6 Pre-notification consultation with iwi authorities
For the purposes of clause 5(1)(d), a local authority is to be treated as having consulted an iwi authority whose details are in the record kept under section 188 of this Act or section 228 of the Natural Environment Act 2025 (as the case requires), if the local authority—
(a)
considers ways in which the local authority may foster the development of the iwi authority’s capacity to respond to an invitation for consultation; and
(b)
establishes and maintains processes to provide opportunities for the iwi authority to be consulted; and
(c)
consults the iwi authority; and
(d)
enables the iwi authority to identify relevant issues of concern to it; and
(e)
indicates to the iwi authority how those issues have been or are to be addressed.
Compare: 1991 No 69 Schedule 1 cl 3B
7 Including existing designations of other designating authorities in proposed land use plan
(1)
This clause applies if a territorial authority is preparing a proposed land use plan that is—
(a)
a new land use plan; or
(b)
a plan change in response to a review under section 99(1).
(2)
Before notifying the proposed land use plan for submissions, the territorial authority must send a written notice to every designating authority (other than itself) with an existing designation.
(3)
The written notice must—
(a)
invite the designating authority to state in writing whether it requires the existing designation be included, with or without modifications, in the proposed land use plan; and
(b)
state the deadline for responding (which must be no later than 30 working days after the date of the request).
(4)
If a designating authority responds that it requires an existing designation be included in the proposed land use plan with modifications, it must include in its response—
(a)
the modifications; and
(b)
its reasons for them.
(5)
If a designating authority responds by the deadline that it requires an existing designation be included in the proposed land use plan, the territorial authority must include that designation in the proposed land use plan with the modifications (if any) set out in the response.
(6)
If a designating authority responds by the deadline that it does not require an existing designation be included in the proposed land use plan, or does not respond by the deadline, the territorial authority must not include that designation in the proposed land use plan.
Compare: 1991 No 69 Schedule 1 cl 4(1)–(5)
8 Including proposed designations of other designating authorities in proposed land use plan
A territorial authority must include in its proposed land use plan any proposed designation to which clause 15(2) of Schedule 5 applies.
9 Including proposed or existing designation of territorial authority in proposed land use plan
(1)
A territorial authority may include any of the following in a proposed land use plan:
(a)
a proposed designation for which it is the designating authority:
(b)
an existing designation (with or without modifications) for which it is the designating authority.
(2)
If a territorial authority includes a proposed designation in a proposed land use plan under subclause (1)(a), it must publish the information required by clause 13 of Schedule 5 for that proposed designation.
(3)
If a territorial authority includes an existing designation with modifications in a proposed land use plan under subclause (1)(b), it must publish the information required by clause 13 of Schedule 5, as if a reference in clause 13 of Schedule 5—
(a)
to a proposed designation were a reference to the existing designation with the modifications proposed; and
(b)
to the project were a reference to any change to the project as a result of modifications proposed.
(4)
The territorial authority must publish any information required by subclause (2) or (3) in the prescribed manner at the same time it notifies the proposed land use plan for submissions.
Compare: 1991 No 69 Schedule 1 cl 4(6)(a)
10 Evaluation report
Before notifying a proposed plan for submissions, a local authority must—
(a)
prepare an evaluation report of a draft of the proposed plan in accordance with section 87 of this Act (for a proposed land use plan) or section 106 of the Natural Environment Act 2025 (for a proposed natural environment plan); and
(b)
have particular regard to that evaluation report when deciding whether to proceed to notify the proposed plan for submissions.
Compare: 1991 No 69 Schedule 1 cl 5(1)(a)
11 Justification report
(1)
Before notifying for submissions a proposed land use plan that contains a bespoke plan provision or a provision on a specified topic, a territorial authority must—
(a)
prepare a justification report on those provisions in accordance with section 89; and
(b)
have particular regard to the justification report when deciding whether to proceed to notify the proposed land use plan with those provisions for submissions.
(2)
Before notifying for submissions a proposed natural environment plan that contains a bespoke plan provision, a provision on a specified topic, or a provision to which section 51(4) of the Natural Environment Act 2025 applies, a regional council must—
(a)
prepare a justification report on those provisions in accordance with section 89 of this Act (for a proposed land use plan) or section 108 of the Natural Environment Act 2025 (for a proposed natural environment plan); and
(b)
have particular regard to the justification report when deciding whether to proceed to notify the proposed plan with those provisions for submissions.
(3)
If the chief executive conducts an assessment under clause 12 and provides any feedback on the provisions covered by a justification report, the local authority must update the justification report to state how, if at all, that feedback has influenced its proposals for those provisions.
Compare: 1991 No 69 Schedule 1 cl 5(1)(a)
12 Pre-notification requirement for rules in proposed natural environment plan that control fishing
(1)
Before notifying for submissions a proposed natural environment plan that contains a rule that controls fishing in any area (a proposed rule),—
(a)
the regional council must complete the assessment required under section 106(3) of the Natural Environment Act 2025 and give it to the relevant chief executive; and
(b)
the relevant chief executive must, within 40 working days, advise the regional council of their decision on whether they concur with the proposed rule.
(2)
The relevant chief executive must decide whether to concur with a proposed rule in the prescribed manner.
(3)
In this clause, relevant chief executive means the chief executive of the department that is responsible for administering the Fisheries Act 1996.
Compare: 1991 No 69 Schedule 1 cl 4B
13 Audit by chief executive
(1)
No later than 3 months before notifying for submissions a proposed plan that contains a bespoke plan provision or a provision on a specified topic, a local authority must provide the following documents to the chief executive:
(a)
a full draft of the proposed plan:
(b)
an evaluation report for a draft of the proposed plan:
(c)
a justification report for those provisions.
(2)
The chief executive may decide to carry out an audit of the draft proposed plan.
(3)
Any audit must be carried out in the prescribed manner and must be limited to assessing,—
(a)
for any proposed plan, the extent to which the draft proposed plan implements—
(i)
any applicable national policy direction; and
(ii)
any applicable national standard; and
(iii)
the goals, to the extent authorised by section 12(4); and
(b)
for proposed natural environment plan only, also how environmental limits have been set and applied.
(4)
A local authority that receives feedback must, before notifying the proposed plan for submissions,—
(a)
have regard to the feedback; and
(b)
update its justification report in accordance with clause 11(3).
14 Local authority must provide draft proposed plan to iwi authorities and customary marine title groups
(1)
Before notifying a proposed plan for submissions, a local authority must—
(a)
provide a draft of the proposed plan to any iwi authority and customary marine title group consulted under clause 5(1)(d) and (e); and
(b)
have regard to any advice received from those iwi authorities and groups on the draft proposed plan.
(2)
The local authority must provide the draft sufficiently early to give those iwi authorities and groups adequate time and opportunity to consider the draft and provide advice on it.
Compare: 1991 No 69 Schedule 1 cl 4A
Notifying proposed plan for submissions
15 Local authority must notify proposed plan for public or targeted submissions
(1)
A local authority that decides to proceed with a proposed must notify the proposed plan for public submissions in the prescribed manner, unless the local authority notifies it for targeted submissions.
(2)
The closing date for submissions must be at least 20 working days after the proposed plan is notified for public or targeted submissions.
(3)
A local authority that notifies a proposed plan for public submissions must, in the prescribed manner, send a copy of the notice to—
(a)
the Minister; and
(b)
any nearby local authority; and
(c)
tangata whenua of the district of the territorial authority (for a proposed land use plan) or the region of the regional council (for a proposed natural environment plan), through iwi authorities; and
(d)
any other person who the local authority considers is likely to be directly affected by the proposed plan.
Compare: 1991 No 69 Schedule 1 cl 5
16 Notifying proposed plan for targeted submissions
(1)
A local authority may choose to notify a proposed plan for targeted submissions if—
(a)
the proposed plan is a plan change or variation; and
(b)
the local authority is satisfied that it can identify all persons directly affected by the plan change or variation.
(2)
A local authority that notifies a proposed plan for targeted submissions must, in the prescribed manner, invite the following persons to make a submission on the proposed plan:
(a)
any person who the local authority has identified (in accordance with subclause (1)(b)) as being directly affected by the proposed plan; and
(b)
the Minister; and
(c)
any nearby local authority; and
(d)
tangata whenua of the area affected by the proposed plan, through iwi authorities.
Compare: 1991 No 69 Schedule 1 cl 5A
Making and publishing submissions
17 Who may make submissions on proposed plan notified for public submissions
Submissions on proposed plan notified for public submissions
(1)
The following persons may make a submission to the local authority on a proposed plan that is notified for public submissions:
(a)
a qualifying resident of—
(i)
the district of the territorial authority (for a proposed land use plan); or
(ii)
the region of the regional council (for a proposed natural environment plan):
(b)
a person who has an interest in the proposed plan greater than the interest that the general public has:
(c)
a nearby local authority:
(d)
the local authority itself.
Submissions on proposed plan notified for targeted submissions
(2)
The following persons may make a submission to the local authority on a proposed plan that is notified for targeted submissions:
(a)
a person notified under clause 16(2):
(b)
the local authority itself.
Compare: 1991 No 69 Schedule 1 cls 6, 6A
18 Content and form of submissions
Content and form of submissions
(1)
A submission on a proposed plan notified for public or targeted submissions must—
(a)
be in the prescribed form; and
(b)
contain any prescribed information.
Prohibited content of submissions
(2)
A submission on a proposed plan must not—
(a)
seek a change to a standardised plan provision that is not authorised by a national instrument; or
(b)
seek to relitigate the content of a regional spatial plan, except by submitting that section 80(3) of this Act (for a proposed land use plan) or section 97(3) of the Natural Environment Act 2025 (for a proposed natural environment plan) applies; or
(c)
for a proposed land use plan only, seek a change to the proposed land use plan based on a matter listed in section 14 as out of scope of this Act; or
(d)
for a proposed natural environment plan only, see to enlarge or otherwise add to an area to which a rule that controls fishing applies.
Compare: 1991 No 69 Schedule 1 cls 6, 6A
19 Striking out submissions and calling for further submissions
(1)
No later than 20 working days after the closing date for submissions on a proposed plan, a local authority must—
(a)
strike out all or any part of a submission that the local authority is satisfied is content prohibited by clause 18(2); and
(b)
publish, in the prescribed manner, all submissions, or parts of submissions, that are not struck out; and
(c)
publish, in the prescribed manner, a notice calling for further submissions on the proposed plan.
(2)
The closing date for further submissions must be at least 10 working days after the date of the notice.
(3)
A local authority that strikes out all or part of a submission must—
(a)
notify the person who made the submission; and
(b)
give reasons.
(4)
A person has a right of objection to the Planning Tribunal if all or part of their submission is struck out.
Compare: 1991 No 69 s 41D
Making further submissions
20 Who may make further submissions
(1)
The following persons may make a further submission to the local authority on a proposed plan that is notified for public submissions:
(a)
a qualifying resident of the district (for proposed land use plan) or region (for proposed natural environment plan), but only if that qualifying resident has an interest in the proposed plan greater than the interest that the general public has:
(b)
a nearby local authority:
(c)
the local authority itself.
(2)
The following persons may make a further submission to the local authority on a proposed plan that is notified for targeted submissions:
(a)
a person notified under clause 16(2):
(b)
the local authority itself.
Compare: 1991 No 69 Schedule 1 cl 8(1), (2)
21 Content, form, and service of further submissions
(1)
A further submission must be limited to a matter in support of, or opposition to, a submission made on the proposed plan.
(2)
A further submission must—
(a)
be in the prescribed form; and
(b)
contain any prescribed information.
(3)
A further submission on a proposed plan must not include content that is prohibited for a submission under clause 18(2).
(4)
A person who makes a further submission must serve a copy of it, in the prescribed manner, on the person who made the submission to which it relates.
Compare: 1991 No 69 Schedule 1 cls 8, 8A
22 Striking out and publishing further submissions, summary of submissions
(1)
No later than 20 working days after the closing date for further submissions on a proposed plan, the local authority must—
(a)
strike out all or any part of a further submission that the local authority is satisfied is content that is prohibited for a submission by clause 18(2); and
(b)
publish, in the prescribed manner, all further submissions, or parts of further submissions, that are not struck out; and
(c)
publish, in the prescribed manner, a summary of submissions and further submissions.
(2)
A local authority that strikes out all or part of a further submission must—
(a)
notify the person who made the further submission; and
(b)
give reasons.
(3)
A person has a right of objection to the Planning Tribunal if all or part of their further submission is struck out.
Consideration by independent hearings panel
23 Independent hearings panel
(1)
A local authority must assign an independent hearings panel to a proposed plan in accordance with clause 4 of Schedule 4.
(2)
The functions of an independent hearings panel are—
(a)
to conduct any hearing of a proposed plan assigned to it; and
(b)
to make recommendations on the proposed plan to the local authority.
(3)
An independent hearings panel—
(a)
has the prescribed powers and duties; and
(b)
must perform its functions, and exercise its prescribed powers and duties, in the prescribed manner.
24 Independent hearings panel may hold hearing
(1)
The independent hearings panel assigned to a proposed plan may hold a hearing into submissions on a proposed plan.
(2)
The panel may choose not to hold a hearing even if 1 or more submitters request to be heard.
Compare: 1991 No 69 Schedule 1 cls 8B, 8C
25 Local authority’s role during hearing
(1)
A representative of the local authority must attend any hearing in accordance with any prescribed requirements.
(2)
A failure by the local authority to comply with this clause does not invalidate a hearing or hearing sessions.
Compare: 1991 No 69 Schedule 1 cl 42
Recommendations by panel
26 Recommendations by panel
(1)
The panel must make recommendations—
(a)
to the local authority on the proposed plan (except in relation to an existing or a proposed designation included in a proposed land use plan); and
(b)
to the relevant designating authority (in relation to an existing or a proposed designation in a proposed land use plan).
(2)
When making its recommendations on a proposed land use plan, a panel—
(a)
must ensure that, if the territorial authority were to accept the panel’s recommendations, the territorial authority would comply with the provisions of this Act, secondary legislation made under this Act, and any other legislation that applies to the territorial authority’s preparation of the land use plan; and
(b)
must comply with clause 24 of Schedule 5 as if it were the recommending authority for the purposes of that section (in relation to a recommendation on an existing or a proposed designation); and
(c)
must have regard to any report or advice commissioned by the panel in accordance with regulations; and
(d)
must prepare a further evaluation report in accordance with section 88; and
(e)
if recommending that the proposed land use plan include a bespoke plan provision or a provision on a specified topic, must prepare a further justification report in accordance with section 90).
(3)
A panel must not make a recommendation on—
(a)
an existing designation that is included in the proposed land use plan without modification and on which no submissions were received; or
(b)
a designation that was included in a proposed land use plan in accordance with clause 30 or 35 of Schedule 5.
(4)
When making its recommendations on a proposed natural environment plan, a panel—
(a)
must ensure that, if the regional council were to accept the panel’s recommendations, the regional council would comply with the provisions of the Natural Environment Act 2025 (including this schedule as applied by that Act), secondary legislation made under that Act, and any other legislation that applies to the regional council’s preparation of the natural environment plan; and
(b)
must have regard to any report or advice commissioned by the panel in accordance with regulations; and
(c)
must prepare a further evaluation report in accordance with section 107 of the Natural Environment Act 2025; and
(c)
if recommending that the proposed natural environment plan include a bespoke plan provision, a provision on a specified topic, or a provision to which section 51(4) of the Natural Environment Act 2025 applies, prepare a further justification report in accordance with section 109 of that Act.
(5)
A panel must provide its recommendations to the local authority (and in the case of a proposed land use plan only, also to any designating authority) in 1 or more recommendation reports.
(6)
A recommendations report must—
(a)
be in the prescribed form and contain the prescribed information; and
(b)
clearly identify any recommendation on a bespoke provision.
(7)
A panel must provide all recommendations reports and any required further evaluation report and further justification report no later than 5 months after the date that the local authority published the summary of submissions and further submissions.
(8)
The reports must be published in the prescribed manner.
Compare: 1991 No 69 Schedule 1 cls 9, 99, 100
Decisions on proposed plan
27 Decisions on panel recommendations (other than recommendations on designations)
(1)
This clause applies in relation to a recommendation by a panel to a local authority (other than a recommendation on an existing or proposed designation in a proposed land use plan).
(2)
The local authority must—
(a)
decide whether to accept or reject each of the panel’s recommendations; and
(b)
for each rejected panel recommendation, decide an alternative solution.
(3)
In the case of a proposed land use plan, the territorial authority must—
(a)
make its decisions under this clause in accordance with subpart 2 of Part 3 of this Act; and
(b)
carry out a further evaluation in accordance with section 88; and
(c)
if proposing to decide that the proposed land use plan contain a bespoke plan provision or a provision on a specified topic, prepare a further justification report in accordance with section 90.
(4)
In the case of a proposed natural environment plan, the regional council must—
(a)
make its decisions under this clause in accordance with subpart 2 of Part 3 of the Natural Environment Act 2025; and
(b)
carry out a further evaluation in accordance with section 107 of the Natural Environment Act 2025; and
(c)
if proposing to decide that the proposed natural environment plan include a bespoke plan provision, a provision on a specified topic, or a provision to which section 51(4) of the Natural Environment Act 2025 applies, prepare a further justification report in accordance with section 109 of that Act.
(5)
When making its decisions, the local authority—
(a)
is not required to consult any person or consider submissions or evidence from any person; and
(b)
must not consider any submission or any other evidence unless it was made available to the panel before the panel made the relevant recommendation; and
(c)
may seek clarification from the panel on a recommendation to assist the local authority in making a decision on that recommendation.
(6)
A local authority’s alternative solution on a recommendation may include any of the following:
(a)
elements of the proposed plan as notified for submissions:
(b)
elements of the panel’s recommendation:
(c)
any alternative approach.
(7)
The local authority must, no later than 12 months after the notification date,—
(a)
publish its decisions in the prescribed manner; and
(b)
advise, in the prescribed manner, all persons who made a submission or further submission on the proposed plan where an electronic copy of the decisions can be found.
(8)
The published decisions must—
(a)
set out the following information—
(i)
any panel recommendation that the local authority accepts:
(ii)
any panel recommendation that local authority rejects and its reasons for doing so:
(iii)
the alternative solution for any rejected panel recommendation; and
(b)
clearly identify any decision (and any associated reasons and alternative solutions) on a bespoke plan provision; and
(c)
include any required further evaluation report or further justification report; and
(d)
include any other prescribed information.
Compare: 1991 No 69 Schedule 1 cls 11, 101, 102; 2010 No 37 s 148
28 Application to Minister for extension of time for publishing decisions
(1)
This clause applies if a local authority considers it is unable, or likely to be unable, to meet the deadline for publishing its decisions in clause 27(7) (which requires the local authority to publish its decisions no later than 12 months after the notification date).
(2)
The local authority must, before the deadline, apply to the Minister for an extension of time in the prescribed manner.
(3)
The Minister must decide the application for an extension, and advise the local authority of the outcome, in the prescribed manner.
(4)
This clause applies instead of sections 284 and 285 of this Act or sections 318 and 319 of the Natural Environment Act 2025(as the case requires) if the time limit prescribed by clause 27(7) is to be extended.
Compare: 1991 No 69 Schedule 1 cl 10A
29 Decisions on designations by designating authorities
(1)
This clause applies in relation to a recommendation by a panel on an existing or proposed designation in a proposed land use plan.
(2)
The designating authority responsible for the existing or proposed designation must decide whether it—
(a)
accepts the panel’s recommendation in whole; or
(b)
accepts the panel’s recommendation in part and rejects it in part; or
(c)
rejects the panel’s recommendation in whole.
(3)
The designating authority may modify the existing or proposed designation if, and only if, the modification—
(a)
was recommended by the panel; or
(b)
is not inconsistent with the existing or proposed designation as it was included in the proposed plan.
(4)
The designating authority must give reasons if it—
(a)
rejects the panel’s recommendation in whole or in part; or
(b)
modifies the existing or proposed designation.
(5)
A designating authority must notify the territorial authority of its decisions under this clause no later than 30 working days after receiving the relevant recommendation report under clause 26.
(6)
The territorial authority must—
(a)
publish a notice of the designating authority’s decisions in the prescribed manner; and
(b)
advise, in the prescribed manner, the following persons of where an electronic copy of the notice can be found:
(i)
each person who made a submission on the relevant proposed or existing designation:
(ii)
each land owner and occupier directly affected by the decision.
Compare: 1991 No 69 Schedule 1 cl 13; 2010 No 37 s 151
30 Proposed plan amended to reflect decisions
A proposed plan is amended in accordance with the decisions of a local authority under clause 27 (including any alternative solution, in relation to a rejected panel recommendation) on and from the date that the local authority publishes those decisions in accordance with that clause.
Compare: 2010 No 37 s 152(2)
31 Proposed land use plan amended to reflect decisions on designations
A proposed land use plan is amended in accordance with the decisions of a designating authority on a proposed or existing designation under clause 29 on and from the date that the territorial authority publishes those decisions in accordance with that clause.
Compare: 2010 No 37 s 152(4)
Appeals on proposed plan
32 Appeal on standardised plan provision or provision or matter excluded from proposed plan
(1)
A submitter may appeal to the Environment Court against a local authority’s decision under clause 27 to—
(a)
include a standardised plan provision in a proposed plan; or
(b)
exclude a provision or matter from a proposed plan.
(2)
However, a submitter may only appeal under this clause if they referred to the subject matter of the decision in their submission.
(3)
The right of appeal under this clause is limited to a question of law.
(4)
Subclause (3) does not apply to the extent that an appeal relates to—
(a)
the spatial application of a provision on a specified topic; or
(b)
whether the local authority has complied with section 80(3) of this Act (for a proposed land use plan) or section 97(3) of the Natural Environment Act 2025 (for a proposed natural environment plan).
33 Appeal on bespoke provision
(1)
A submitter may appeal to the Environment Court against a local authority’s decision under clause 27 to include a bespoke plan provision in a proposed plan.
(2)
However, a submitter may only appeal under this clause if they referred to the subject matter of the decision in their submission.
34 Appeal on provision of relief framework
(1)
A submitter may appeal to the Environment Court against a local authority’s decision to include a relief framework provision in a proposed plan.
(2)
However, a submitter may only appeal under this clause if they referred to the subject matter of the decision in their submission.
(3)
In this clause, relief framework provision means a provision in a relief framework.
35 Appeals on designations
The following persons may appeal to the Environment Court against any aspect of a decision of a designating authority under clause 29:
(a)
a submitter on the proposed land use plan, but only if their submission addressed—
(i)
the existing or proposed designation to which the decision relates; and
(ii)
the matter to which the appeal relates:
(b)
the relevant territorial authority.
Compare: 1991 No 69 Schedule 1 cl 14(3)–(5)
36 Further restrictions on appeals
(1)
An appeal under clause 32, 33, 34, or 35 must not seek withdrawal of the proposed plan as a whole.
(2)
For the purposes of this clause, proposed plan does not include a variation or a plan change.
Compare: 1991 No 69 Schedule 1 cl 14(2), (2A)
37 Requirements for lodging appeals
An appeal under clause 32, 33, 34, 35, or 53 must—
(a)
be lodged in the prescribed form, and within the prescribed time frame; and
(b)
contain the prescribed information; and
(c)
be served in the prescribed manner.
Hearing by Environment Court on appeal
38 Hearing by Environment Court on appeal
(1)
The Environment Court must hold a public hearing into any provision or matter that is appealed under clause 32, 33, 34, 35, or 53.
(2)
If the Environment Court directs a local authority under clause 48 of Schedule 9, the local authority must comply with the direction.
Compare: 1991 No 69 Schedule 1 cl 15
Appeals against decision of Environment Court
39 Decision of Environment Court may be appealed
(1)
A party to an appeal before the Environment Court under clause 32, 33, 34, 35, or 53 may appeal on a question of law to the Court of Appeal against the decision of the Environment Court.
(2)
The appeal must be made in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011, and that subpart applies—
(a)
as if the Environment Court were the first appeal court (section 300 of that Act); and
(b)
with any other necessary modifications.
(3)
An appeal against the decision of the Court of Appeal may be made to the Supreme Court with the leave of the Supreme Court.
(4)
Clauses 77 to 86 of Schedule 9 do not apply to an appeal against a decision of the Environment Court under clause 32, 33, 34, 35, or 53.
Withdrawing all or part of proposed plan
40 Withdrawing all or part of proposed plan
(1)
A local authority may withdraw all of a proposed plan, or any part of a proposed plan (other than a part of a land use plan that is an existing or proposed designation), at any time before—
(a)
the proposed plan or part of the plan becomes operative, if—
(i)
no appeal is made in relation to the proposed plan or part of the plan; or
(ii)
all appeals are withdrawn; or
(b)
the Environment Court hearing commences, if an appeal is made and not withdrawn.
(2)
The local authority must publish a notice of any withdrawal in the prescribed manner, which must include the authority’s reasons for the withdrawal.
(3)
If a local authority withdraws part of a proposed plan, it must (without using the process in this schedule) amend the proposed plan to reflect the withdrawal.
Compare: 1991: No 69 Schedule 1 cls 4(9), (10), 8D
41 Withdrawing existing or proposed designation from proposed land use plan
(1)
A designating authority that is responsible for an existing or proposed designation in a proposed land use plan may withdraw the designation at any time by giving notice to the territorial authority in the prescribed manner.
(2)
The notice must include the designating authority’s reasons for the withdrawal.
(3)
A territorial authority that receives a notice under this clause must,—
(a)
without using the process in this schedule, amend the proposed plan to reflect the withdrawal; and
(b)
publish a notice of the withdrawal in the prescribed manner.
(4)
To avoid doubt, a designating authority that is the territorial authority may issue a notice under this clause to itself.
Compare: 1991: No 69 Schedule 1 cls 4(9), (10), 8D
Variations and other amendments to proposed plan
42 Variations to proposed plans
(1)
A local authority may amend a proposed plan (other than under clause 44) by initiating a variation to that proposed plan.
(2)
The variation must be progressed in accordance with clauses 3, 5, 6, and 10 to 40 and Parts 3 and 4 of this schedule, until the variation reaches the same procedural stage as the proposed plan to which it relates.
(3)
On the date that a variation reaches the same procedural stage as the proposed plan to which it relates,—
(a)
the local authority must amend the proposed plan to incorporate the variation; and
(b)
the variation ceases to be a separate instrument.
(4)
Subclause (5) applies for the following purposes:
(a)
any application for a planning consent (for the purpose of this Act) or natural resource permit (for the purposes of the Natural Environment Act 2025):
(b)
any proposed designation (for the purposes of this Act only):
(c)
any enforcement matter (for the purposes of both Acts).
(5)
On and from the date that a variation is notified for submissions, a proposed plan must be treated as if it had been amended in accordance with the variation.
Compare: 1991 No 69 Schedule 1 cls 16A, 16B
43 Submissions and appeals relating to provisions replaced by variation
(1)
A submission made on a provision of a proposed plan must be treated as if it were also a submission made on any provision of a variation that is to replace the provision the proposed plan.
(2)
However, subclause (1) applies only if the submission was made before the variation was notified for submissions.
(3)
An appeal against any provision of a proposed plan must be treated as if it were also an appeal against any provision of a variation that is to replace the provision of the proposed plan.
(4)
However, subclause (3) applies only if the appeal was made before the variation reaches the stage where appeals may be made.
Compare: 1991 No 69 Schedule 1 cl 16A(1)
44 Amendments to proposed plan where directed, and minor amendments
(1)
A local authority must, without using the process in this schedule, amend a proposed plan as directed by—
(a)
a national instrument under section 47 of this Act (for a proposed land use plan) or section 71 of the Natural Environment Act (for a proposed natural environment plan); or
(b)
the Environment Court under clause 48 of Schedule 9.
(2)
A local authority may, without using the process in this schedule, amend a proposed plan to—
(a)
alter any information in a way that has a minor effect; or
(b)
correct any minor error.
Compare: 1991 No 69 Schedule 1 cl 16
Making proposed plan operative
45 When provision in proposed plan becomes operative
(1)
A provision in a proposed plan becomes operative at a date (the operative date) specified by the local authority in a notice published in the prescribed manner.
(2)
The local authority must specify an operative date for a provision that occurs after the last of the following have occurred in relation to the provision (as applicable):
(a)
either—
(i)
the applicable appeal period under clause 32, 33, 34, or 35 has expired and no appeals have been lodged in relation to the provision; or
(ii)
any appeals in relation to the provision have been determined or withdrawn; or
(iii)
if the provision is an existing designation included in a proposed land use plan without modification and on which no submissions were received, the territorial authority has published its decisions on other recommendations in accordance with clause 27:
(b)
if any amendments in relation to the provision have been directed under section 47 of this Act (for a proposed land use plan) or section 71 of the Natural Environment Act (for a proposed natural environment plan), or clause 48 of Schedule 9 (for any proposed plan), those amendments have been made:
(c)
if the local authority initiated a variation in relation to the provision,—
(i)
the variation has been incorporated into the proposed plan under clause 42(3); or
(ii)
the local authority has given notice under clause 47 that the variation will be converted into a plan change; or
(iii)
the variation has been withdrawn.
(3)
However, in all cases, the operative date for a provision must be no earlier than 5 working days after the date of the notice.
Compare: 1991 No 69 Schedule 1 cls 17, 20; 2020 No 69 s 152
46 Effect of provision becoming operative
When a provision of a proposed plan becomes operative under clause 45, that provision becomes a provision of the plan of the local authority (and stops being a provision of a proposed plan).
47 Local authority may convert variation into plan change
(1)
This clause applies if—
(a)
a local authority has initiated a variation in relation to 1 or more provisions of a proposed plan (the relevant provisions); and
(b)
the variation has not yet been incorporated into the proposed plan under clause 42(3); and
(c)
the local authority wants to make the relevant provisions operative before the variation becomes operative.
(2)
If this clause applies,—
(a)
the local authority may give notice in the prescribed manner that the variation will be converted into a plan change when the relevant provisions become operative; and
(b)
if notice is given, on and from the date that the relevant provisions become operative, the variation must be treated as if it were a plan change to the relevant provisions.
Compare: 1991 No 69 Schedule 1 cl 17(1A), (1B)
Amending operative plan without plan change
48 Amending operative plan without plan change
(1)
A local authority may, without using the process in this schedule, amend a plan to—
(a)
alter any other information in a way that has a minor effect; or
(b)
correct any minor error.
(2)
A territorial authority may, without using the process in this schedule, also amend a land use plan to—
(a)
alter any mapped spatial information, if—
(i)
the alteration has no more than a minor effect; and
(ii)
the territorial authority is satisfied that no person is adversely affected by the alteration; or
(b)
change the spatial application of any provisions in respect of land vested in the territorial authority for a public purpose as the result of a subdivision, if the territorial authority is satisfied that applying different provisions to that land is appropriate for the purpose for which the land was vested.
(3)
A local authority must publish (in the prescribed manner) a notice of any amendments no later than 5 working days after making them.
(4)
In subclause (2), land vested in the territorial authority for a public purpose includes land vested in the territorial authority for the purpose of—
(a)
a road; or
(b)
a reserve (including an esplanade reserve).
Compare: 1991 No 69 Schedule 1 cl 20A
Part 2 Change requests and private plan changes
49 Request for change to plan
Any person (other than the local authority) may, in the prescribed manner, request a change to a plan (a change request).
Compare: 1991 No 69 Schedule 1 cls 21, 22
50 How local authority deals with change request
(1)
A local authority—
(a)
may ask for more information on a change request in the prescribed manner; and
(b)
may commission a report on a change request in the prescribed manner; and
(c)
must otherwise deal with the change request in the prescribed manner.
(2)
A local authority may modify a change request if the requester agrees.
Compare: 1991 No 69 Schedule 1 cls 23, 24
51 Local authority must decide if and how plan change will proceed
(1)
A local authority that receives a change request must decide to do 1 more of the following:
(a)
adopt all or part of the change request as its own plan change (see clause 55):
(b)
process all or part of the change request as a private plan change (see clause 56):
(c)
reject all or part of the change request, but only on 1 or more of the grounds set out in clause 52:
(d)
process all or part of the change request under—
(i)
Part 4 of this Act as if it were an application for a planning consent (for a change request to a land use plan); or
(ii)
Part 4 of the Natural Environment Act 2025 as if it were an application for a natural resource permit (for a change request to a natural environment plan).
(2)
The local authority must—
(a)
make its decision under subclause (1) within the prescribed time frame; and
(b)
notify the requester of that decision in the prescribed manner.
Compare: 1991 No 69 Schedule 1 cl 25
52 Grounds for rejecting request
A local authority may reject all or part of a change request only on 1 or more of the following grounds:
(a)
the request or part of the request is frivolous or vexatious:
(b)
within the last 2 years, the substance of the request or part of the request has been considered and given effect to, or rejected by, the local authority or the Environment Court:
(c)
the request or part of the request is not in accordance with sound planning practice:
(d)
the request or part of the request would make—
(i)
the land use plan inconsistent with subpart 3 or 4 of Part 2 or subpart 2 of Part 3 of this Act; or
(ii)
the natural environment plan inconsistent with subpart 3, 4, or 5 of Part 2 or subpart 2 of Part 3 the Natural Environment Act 2025:
(e)
the plan has been operative for less than 2 years:
(f)
the local authority has insufficient information to enable it to consider or approve the request, but only if the requester has refused—
(i)
to provide any information asked for by the local authority in the prescribed manner; or
(ii)
to agree to the commissioning of a report asked for by the local authority in the prescribed manner.
Compare: 1991 No 69 Schedule 1 cls 23(6), 25(3), (4)
53 Requester may appeal decision on process
(1)
A requester may appeal to the Environment Court against any of the following decisions of a local authority:
(a)
a decision under clause 51(1)(a) to adopt, in part only, a requested plan change as the local authority’s own:
(b)
a decision under clause 51(1)(b) to process, in part only, a requested plan change as a private plan change:
(c)
a decision under clause 51(1)(c) to reject a requested plan change in whole or in part:
(d)
a decision under clause 51(1)(d) to process a change request as an application for a planning consent or natural resource permit (as the case requires) in whole or in part.
(2)
A notice of appeal under this section must—
(a)
be lodged in the prescribed form, and within the prescribed time frame; and
(b)
contain the prescribed information; and
(c)
be served in the prescribed manner.
(3)
The Environment Court may decide an appeal as it thinks fit.
Compare: 1991 No 69 Schedule 1 cl 27
54 Withdrawing change request
A requester or the local authority may withdraw a change request in the prescribed manner.
Compare: 1991 No 69 Schedule 1 cl 28
55 Process if local authority adopts requested plan change as its own
(1)
This clause applies if a local authority decides (under clause 51(1)(a)) to adopt all or part of a requested plan change as its own.
(2)
The local authority must, no later than 4 months after deciding to adopt the request, notify the adopted plan change or part of the plan change for submissions.
(3)
Clauses 3 and 15 to 47 and Parts 3 and 4 of this schedule apply to the adopted plan change as if it were a plan change proposed by the local authority.
(4)
To avoid doubt, clauses 5 to 14 of this schedule do not apply to a plan change adopted by a local authority.
Compare: 1991 No 69 Schedule 1 cl 25(2)(a)
56 Process for private plan change
(1)
This clause applies if a local authority decides (under clause 51(1)(a)) to process all or part of a requested plan change as a private plan change.
(2)
The local authority must notify the requested plan change or part of the plan change for submissions—
(a)
no later than 4 months after deciding to process the request as a private plan change; or
(b)
within any time frame directed by the Environment Court after hearing an appeal under clause 53.
(3)
Clauses 15 to 40 and 44 to 47 and Part 4 of this schedule apply to the private plan change,—
(a)
with all necessary modifications, as if a reference to a plan change (including a reference to a proposed plan that includes a plan change) were a reference to the private plan change; and
(b)
with the modifications set out in subclauses (4) to (7).
(4)
The local authority must send copies of all submissions and further submissions on the private plan change to the requester.
(5)
The requester has a right to appear at—
(a)
any hearing before the independent hearings panel; and
(b)
any hearing on an appeal against the private plan change.
(6)
The local authority must advise the requester in writing where an electronic copy of the notice of the local authority’s decisions on the private plan change can be found.
(7)
The requester may appeal to the Environment Court under clause 32, or 33, or 34 as if—
(a)
the requester were a submitter for a purpose of those clauses; and
(b)
the restrictions on appealing in relation to a matter or provision addressed in a submission did not apply to the requester.
(8)
To avoid doubt, clauses 5 to 14 do not apply to a private plan change.
Compare: 1991 No 69 Schedule 1 cl 29
Part 3 Legal effect of rules in proposed plan
57 What this Part does
(1)
This Part specifies when a rule in a proposed plan has legal effect.
(2)
This Part—
(a)
does not apply to objectives, policies, designations, a relief framework, or methods in a proposed plan (being provisions other than rules); and
(b)
does not limit or affect the weight that a consent authority (under this Act) or a permit authority (under the Natural Environment Act 2025) gives to the provisions described in paragraph (a) before the proposed plan becomes operative.
Compare: 1991 No 69 s 86A
58 When rules in proposed plans have legal effect
(1)
Except as otherwise specified by subclauses (2), (4), (5), and (7), a rule in a proposed plan has legal effect on and from the date on which the local authority notifies its decision on the independent hearings panel’s recommendation on the rule in accordance with clause 27.
(2)
A rule in a proposed plan that is notified for public submissions has immediate legal effect if—
(a)
a national standard provides that the rule will have immediate legal effect; or
(b)
for a proposed land use plan only, the rule—
(i)
protects significant historic heritage; or
(ii)
relates to natural hazards; or
(c)
for a proposed natural environment plan only, the rule—
(i)
protects or relates to water, air, or soil (for soil conservation); or
(ii)
protects areas of significant indigenous vegetation; or
(iii)
protects areas of significant habitats of indigenous fauna; or
(iv)
provides for or relates to aquaculture activities; or
(v)
relates to natural hazards.
(3)
However, a rule in a proposed natural environment plan described in subclause (2)(c)(i), (ii), or (iii) does not have immediate legal effect if, and to the extent that, it is a rule that controls fishing in the coastal marine area.
(4)
A rule in a proposed plan has legal effect on and from a date specified in an order of the Environment Court in accordance with clause 59.
(5)
A rule in a proposed plan has legal effect on and from the date the rule becomes operative if—
(a)
a national standard provides that the rule will have legal effect only when it becomes operative; or
(b)
the local authority decides that the rule will have legal effect only when it becomes operative.
(6)
However, subclause (5)(b) applies only if—
(a)
the local authority makes the decision before notifying the proposed plan for public submissions; and
(b)
the notification includes the decision; and
(c)
the local authority does not rescind the decision (by publishing a notice in the prescribed manner that the decision is rescinded).
(7)
If a local authority rescinds a decision under subclause (6)(c), then the rule has legal effect on and from the later of—
(a)
the date that the local authority notifies its decision on the rule in accordance with clause 27; and
(b)
the day after the date of the notice under subclause (6)(c).
(8)
In this clause, immediate legal effect, in relation to a rule in a proposed plan, means the rule has legal effect on and from the date that the proposed plan is notified for public submissions.
Compare: 1991 No 69 ss 86B, 86C
59 Environment Court may order rule to have legal effect from date other than standard date
(1)
A local authority may apply to the Environment Court for a rule in a proposed plan to have legal effect from a date other than the date on which the local authority notifies its decision on the rule in accordance with clause 27.
(2)
The local authority may make the application before or after the proposed plan is notified for submissions.
(3)
If the court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—
(a)
the date that the proposed plan is notified for submissions; and
(b)
the date of the order.
(4)
However, the court must not make an order in respect of a rule that has immediate legal effect in accordance with clause 58.
Compare: 1991 No 69 s 86D
60 Local authority must identify rules having early or delayed legal effect
(1)
A local authority must include a notation in a proposed plan clearly identifying any rule that has legal effect, or is to have legal effect, on and from one of the alternative dates in accordance with clause 58(2), (4), or (5).
(2)
The local authority must include the notation—
(a)
when the proposed plan is notified for submissions; or
(b)
as soon as practicable after an order under clause 59 is determined, if the rule is subject to an order determined after the proposed plan is notified for submissions.
(3)
If the date that a rule is to have legal effect changes as a result of a decision being rescinded under clause 58(6)(c), the local authority must update the notation to reflect the new date as soon as practicable after giving the notice under clause 58(6)(c).
(4)
A notation under this section—
(a)
does not form part of the proposed plan; and
(b)
may be removed by the local authority without using the process in this schedule when the rule becomes operative.
Compare: 1991 No 69 s 86E
61 Rules in proposed plan must be treated as operative if no submissions in opposition made or all are withdrawn
(1)
A rule in a proposed plan that is notified for public submissions must be treated as operative (and any previous rule as inoperative) on and from—
(a)
the day after the period for making submissions ends, if no submissions in opposition to the rule have been made or all submissions in opposition are withdrawn before that date; or
(b)
the day after the date that the last of any submissions in opposition to the rule are withdrawn, if that occurs after the date in paragraph (a).
(2)
A rule in a proposed plan that is notified for targeted submissions must be treated as operative (and any previous rule as inoperative) on and from—
(a)
the date that the local authority publishes its decision on the panel’s recommendation on the rule under clause 27, if no submissions in opposition to the rule have been made or all submissions in opposition are withdrawn before that date; or
(b)
the day after the date that the last of any submissions in opposition to the rule are withdrawn, if that occurs after the date in paragraph (a).
Compare: 1991 No 69 s 86F
Part 4 Regulatory relief
62 Purpose
The purpose of this Part is to provide a mechanism for relief to be granted if a specified rule in a plan has a significant impact on the reasonable use of land.
63 Interpretation
In this Part, unless the context otherwise requires—
impact means the impact of a specified rule on the reasonable use of land
specified rule means a rule on a specified topic.
64 Duty to consider impact of specified rule proposed in plan
(1)
When preparing or deciding a proposed plan or private plan change that contains a specified rule, a local authority must consider the impact of the proposed rule on the reasonable use of land if the rule is substantially different in the operative plan.
(2)
The duty described in subclause (1) does not apply to—
(a)
the use of land that is publicly owned; or
(b)
the private use of public land; or
(c)
the coastal marine area except for privately owned land.
65 Duty to prepare relief framework in proposed plan
(1)
If a local authority considers, after taking into account any prescribed criteria, that a specified rule in its proposed plan is reasonably likely to have a significant impact on the reasonable use of land, the authority must—
(a)
develop a relief framework in accordance with the requirements in this Part, and any requirements in national instruments and regulations; and
(b)
include the relief framework in the proposed plan when it is notified for submissions.
(2)
The requirements in regulations referred to in subclause (1)(a) may include methodologies for the purpose of—
(a)
defining levels of impact within a relief framework; and
(b)
classifying types of impact; and
(c)
setting the types of relief available for different types and levels of impact; and
(d)
identifying impacted land owners.
66 Assessment of materiality of impacts
(1)
A local authority must carry out an assessment of the materiality of impacts—
(a)
at a general level, when developing its relief framework for inclusion in its proposed plan; and
(b)
at a site-specific level, when implementing its relief framework after the plan is made operative.
(2)
A local authority must assess the materiality of the impacts by considering—
(a)
the extent to which the specified rule—
(i)
restricts or removes development potential; and
(ii)
imposes obligations for the protection, restoration, or non-use of land; and
(iii)
creates compliance costs or regulatory constraints that affects the reasonable use or enjoyment of land; and
(iv)
affects land value; and
(b)
any other matters required by national instruments or regulations.
67 How relief framework must provide for impacts
A regulatory relief framework prepared by a local authority must—
(a)
identify both—
(i)
the types of impact that a local authority considers is reasonably likely to occur; and
(ii)
the levels of impact (as informed by the assessment of the materiality of impacts); and
(b)
identify what constitutes a significant impact on the reasonable use of land; and
(c)
specify criteria for grouping similar impacts based on the type or level of impact; and
(d)
provide for how relief is to be made available in accordance with clause 70; and
(e)
include any other matters required by national instruments or regulations.
68 Eligibility for relief
(1)
A person is eligible for relief under a relief framework in a plan only if—
(a)
they own land that is impacted by a specified rule in the plan; and
(b)
they own that land when the plan is made operative.
(2)
A person who makes a change request is not eligible for relief as a result of any plan change or private plan change from that request.
(3)
A person who makes a submission on a proposed plan or plan change is not eligible for relief as a result of that submission.
(4)
A person who has received voluntary incentives provided in a plan is not eligible for relief under a relief framework in the same plan.
(5)
A person who received relief under a relief framework in a plan in respect of land, is not eligible for relief under a relief framework in a proposed plan in respect of the same land unless the impact on the land is substantially worse.
(6)
If the first proposed plan includes a specified rule,—
(a)
subclause (1) does not apply if a person is eligible for relief under subclause (7); and
(b)
to avoid doubt, subclause (5) does not apply in that case.
(7)
When the first proposed plan is made operative, a person is eligible for relief under the relief framework in the plan if—
(a)
the person owned land when the last RMA operative plan was publicly notified; and
(b)
the land was subject to a rule in the RMA operative plan that is similar to a specified rule in the first proposed plan; and
(c)
the land is impacted by the specified rule; and
(d)
the land has not changed ownership between the time that the RMA operative plan was publicly notified and the time that the first proposed plan is notified.
(8)
In subclauses (6) and (7),—
RMA operative plan means an operative district plan or regional plan under the Resource Management Act 1991 for the district or region in which the land is located
first proposed plan means the first proposed land use plan or proposed natural environment plan.
69 Considerations for developing and implementing relief framework
(1)
This section applies to a local authority when—
(a)
preparing or deciding a proposed plan or private plan change for which a relief framework is required; and
(b)
implementing a relief framework.
(2)
A relief framework requires a broad assessment of relief in which—
(a)
similar impacts are treated the same way; and
(b)
relief can be adjusted to the scale of the impact; and
(c)
relief need not be granted on a like-for-like basis.
(3)
A relief framework must—
(a)
include criteria for assessing impacts; and
(b)
provide for how eligibility for relief is determined; and
(c)
state the nature of relief available; and
(d)
include any other matter required by national instruments or regulations.
70 Nature of relief
(1)
A local authority must provide an eligible person with the relief to which they are entitled under the relief framework.
(2)
A relief framework may, without limitation, include any of the following types of relief:
(a)
monetary payment:
(b)
waiving or reducing local government rates or fees for planning consent applications:
(c)
granting additional development rights elsewhere on the property or on another site owned by the landowner:
(d)
offering alternative parcels of land in exchange for the affected site:
(e)
providing access to targeted grant programmes, restoration, fencing, planting, or other mitigation activities.
71 Duty to implement relief framework
(1)
A local authority must, as soon as reasonably practicable after its plan is made operative, implement the relief framework.
(2)
The local authority must—
(a)
carry out a relief assessment by—
(i)
identifying land that is impacted by the specified rule; and
(ii)
applying the relief framework to the land; and
(b)
notify affected persons of the results of the assessment.
(3)
The identification of land under subclause (2)(a) must—
(a)
be informed by the assessment of the materiality of impacts required by clause 66(1)(b); and
(b)
be carried out in accordance with any prescribed methodology.
(4)
The notice to affected persons must state—
(a)
the reasons why the land was identified for relief; and
(b)
how the relief framework was applied to the land; and
(c)
the relief available to the person; and
(d)
how the requirements of clause 69(2) were met; and
(e)
the dispute resolution processes available to the person under this Act.
(5)
The local authority must, as soon as reasonably practicable after carrying out a relief assessment, give public notice on its internet site—
(a)
that the assessment has been carried out; and
(b)
that notices under this section will be sent to affected persons (if any).
(6)
A notice under this section must comply with any prescribed requirements.
72 Review of decision where relief notice received
(1)
If a person who receives a notice of a relief assessment under clause 71(2) considers there are errors in the local authority’s application of the relief framework to their property, the person—
(a)
may apply to the local authority for a review of the relief assessment within 30 working days of receiving the notice; and
(b)
must identify those errors in their application.
(2)
A review under this clause is limited to an assessment of—
(a)
the applicant’s property; and
(b)
the type and level of impact of the specified provision on the property; and
(c)
the relief that the applicant is eligible to receive under the relief framework in respect of the property.
73 Review of decision where relief notice not received
(1)
A person may apply to the local authority for a review of its decision in applying the relief framework (after having carried out the relief assessment under clause 71(2)) if the person—
(a)
is eligible in accordance with clause 68 for relief under the relief framework; and
(b)
has not received a relief notice.
(2)
An application for a review under this clause must—
(a)
be made no later than 30 working days after the public notice made under clause 71; and
(b)
set out the relief that the person considers they are entitled to under the relief framework; and
(c)
include reasons and supporting evidence, sufficient to enable the application to be determined on the papers.
(3)
A review under this clause is limited to an assessment of—
(a)
the applicant’s expectation of relief under the relief framework; and
(b)
the application of the relief framework to the applicant’s property.
74 How application for review must considered
(1)
A local authority must, in accordance with any prescribed requirements, consider an application for review made to it under clause 72 or 73 and decide to—
(a)
dismiss the application; or
(b)
uphold the application in whole or in part and provide a relief notice or updated relief notice.
(2)
The local authority must—
(a)
consider the application and all material provided with it; and
(b)
consider, in light of that information, whether—
(i)
its original assessment of the types of impact and levels of the impact was carried out in accordance with the criteria in the relief methodology in its plan; or
(ii)
an alternative relief mechanism is more appropriate.
(3)
The local authority must—
(a)
decide the application within 15 working days; and
(b)
provide its decision to the applicant in writing and give reasons; and
(c)
if applicable, update the relief notice and provide it to the applicant.
(4)
If further information is requested under clause 75, the time frame in subclause (3)(a) is subject to any excluded time period prescribed by regulations.
(5)
The applicant has a right of objection to the Planning Tribunal against the local authority’s decision under this clause.
75 Requests for further information
A local authority may, in accordance with any prescribed requirements,—
(a)
seek further information from an applicant seeking a review under clause 72 or 73; and
(b)
require the information to be provided within a specified time; and
(c)
dismiss an application if the information is not provided within the specified time.
Schedule 4 Independent hearings panels
s 77(4)
How panel is appointed and assigned to instrument
1 Application and interpretation
(1)
This schedule sets out provisions that apply in relation to independent hearings panels for—
(a)
regional spatial plans under this Act (see clause 15 of Schedule 2); and
(b)
land use plans under this Act (see section 77(4) and clause 23 of Schedule 3); and
(c)
natural environment plans under the Natural Environment Act 2025 (see section 94(4) of that Act and clause 23 of Schedule 3 of this Act).
(2)
The provisions in this schedule apply in relation to all of the instruments listed in subclause (1), except where a provision indicates that it applies to a particular type of instrument or instruments.
(3)
When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
(4)
When this schedule is applied for the purposes of the Natural Environment Act 2025, unless the context otherwise requires, a term used in this schedule that is defined in section 3 of the Natural Environment Act has the meaning given in section 3 of that Act.
Example
Clause 4 refers to a “proposed plan”. That means a proposed plan as defined in section 3 for the purposes of this Act (a proposed land use plan), and a proposed plan as defined in section 3 of the Natural Environment Act 2025 (a proposed natural environment plan) for the purposes of that Act.
(5)
In this schedule, unless the context otherwise requires,—
central government member, in relation to an independent hearings panel, means a member of that panel appointed by the Minister under clause 57
local authority,—
(a)
in relation to a regional spatial plan or draft regional spatial plan under this Act, means a local authority (as that term is defined in section 3 of this Act) that is jointly responsible for the regional spatial plan
(b)
in relation to a land use plan or proposed land use plan under this Act, means the territorial authority (as that term is defined in section 3 of this Act) responsible for the land use plan; and
(c)
in relation to a natural environmental plan or proposed land use plan under the Natural Environment Act 2025, means the regional council (as that term is defined in section 3 of that Act) responsible for the natural environment plan
local authority member, in relation to an independent hearings panel, means a member of that panel appointed—
(a)
by 2 or more local authorities jointly under clause 58 or following a determination under clause 59; or
(b)
by a local authority on its own under clause 60.
2 Direction on skills, experience, or qualifications of panel members
(1)
The Minister may issue a direction on the skills, experience, or qualifications that members of an independent hearings panel must collectively hold.
(2)
A direction under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
3 How a spatial plan committee assigns panel to draft regional spatial plan
(1)
The local authorities of a region must assign to a draft regional spatial plan an independent hearings panel—
(a)
that the local authorities appoint jointly in accordance with clause 6; and
(b)
whose membership—
(i)
collectively reflects the expertise required for the matters being considered, informed by the goals of this Act and the Natural Environment Act 2025; and
(ii)
meets the experience and qualifications levels directed under clause 2.
(2)
The local authorities must, as soon as is reasonably practicable after assigning a panel,—
(a)
advise the Minister of the names of the panel members; and
(b)
publish (in the prescribed manner) the names of the members.
4 How local authority assigns panel to a proposed plan
(1)
A local authority must assign an independent hearings panel to a proposed plan or private plan change whose members collectively meet the requirements of any applicable direction under clause 2.
(2)
The local authority must assign a panel that was appointed—
(a)
by the local authority jointly with 1 or more other local authorities in accordance with clause 6; or
(b)
by the local authority on its own in accordance with clause 7.
(3)
The local authority must, as soon as is reasonably practicable after assigning a panel to a proposed plan or private plan change,—
(a)
advise the Minister of the names of the panel members; and
(b)
publish (in the prescribed manner) the names of the members.
5 Minister may appoint central government members
(1)
The Minister may appoint 1 or more central government members to sit on any panel assigned to a proposed plan or private plan change.
(2)
The Minister must make any appointment under subclause (1) no later than 20 working days after being advised that the panel has been assigned to the proposed plan or private plan change.
(3)
The number of central government members must not exceed the number of local authority members.
(4)
The territorial authority must publish (in the prescribed manner) the names of any central government member as soon as is reasonably practicable after the Minister advises the territorial authority of the appointment.
6 Jointly appointed panel
(1)
To appoint an independent hearings panel jointly, the relevant local authorities must agree on the following:
(a)
the number of local authority panel members:
(b)
the persons to be appointed as local authority members (including the chairperson of the panel), or a process to appoint those members:
(c)
the remuneration and expenses to be paid to the local authority panel members:
(d)
how the local authorities will provide administrative and specialist support to the panel that is sufficient to enable it to carry out its functions within the applicable time frames:
(e)
how any costs of the panel that the local authorities are jointly responsible for will be shared amongst the local authorities.
(2)
If local authorities are unable to agree on any of the matters set out in subclause (1), they must advise the Minister in writing of the matters in dispute.
(3)
The Minister must appoint an appropriate expert to make determinations on the matters that the local authorities have advised are in dispute as soon as is reasonably practicable after receiving the advice.
(4)
The appointed expert must determine the matters in dispute as soon as is reasonably practicable after their appointment.
(5)
The local authorities must comply with any determinations made by the appointed expert.
7 Panel appointed by local authority
To appoint a panel on its own, a local authority must decide the following:
(a)
the number of local authority panel members:
(b)
the persons to be appointed as local authority members (including the chairperson of the panel):
(c)
the remuneration and expenses to be paid to the local authority panel members:
(d)
how the territorial authority will provide administrative and specialist support for the panel that is sufficient to enable it to undertake its functions within the statutory time frames.
Funding of panel
8 Funding of panel and related activities
(1)
If an independent hearings panel is assigned to the instruments of more than 1 local authority, those local authorities are jointly responsible for all costs incurred by the panel and for the activities related to the performance or exercise of the panel’s functions and powers under this Act or the Natural Environment Act 2025.
(2)
If an independent hearings panel is assigned solely to instruments or an instrument of a single local authority, that local authority is responsible for all costs incurred by the panel and for the activities related to the performance or exercise of the panel’s functions and powers under this Act.
(3)
Without limiting subclauses (1) and (2), the local authorities jointly or the single local authority (as the case requires) is responsible for—
(a)
the remuneration and expenses of the local authority members of the panel and any central government member of the panel; and
(b)
the administrative costs of each hearing session; and
(c)
the remuneration of any expert, mediator, other dispute resolution facilitator, or any other person whose services are engaged by the panel under this Act or the Natural Environment Act 2025 (as the case requires); and
(d)
the allowances payable to any witness called by the panel; and
(e)
the costs of any special advisor or friend of submitter appointed by the panel; and
(f)
the costs of administrative and secretarial support services to the panel.
(4)
Each local authority member of a panel—
(a)
appointed jointly under clause 6 must be paid at a rate determined in accordance with clause 6(1)(c) or (4) (as the case requires); and
(b)
appointed by a local authority under clause 7 must be paid at the rate determined by the local authority in accordance with clause 7(c).
(5)
Each central government member of a panel must be paid—
(a)
remuneration by way of salary, fees, or allowances at a rate determined by the Minister; and
(b)
actual and reasonable travelling and other expenses incurred in carrying out their office in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies as if the members were members of a statutory Board within the meaning of that Act.
(6)
In this clause, instrument means—
(a)
a draft regional spatial plan; or
(b)
a proposed plan (including a variation); or
(c)
a private plan change.
Compare: 1991 No 69 Schedule 1 cl 63
Schedule 5 Designations
s 106
Contents
1 Interpretation
In this schedule, unless the context otherwise requires,—
construction project plan means the plan required for a designation under Part 5 of this schedule
core infrastructure operation and core infrastructure operator have the meanings given in clause 9
designating authority has the meaning given in clause 8(1)
designation has the meaning given in clause 3
designation footprint, in relation to a designation or proposed designation, means the area subject to the designation or proposed designation
earlier designation has the meaning given in clause 6
eligible infrastructure has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020
infrastructure, in relation to a designation or an application to be approved as a designating authority, means—
(a)
pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
(b)
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)
facilities used to generate electricity for supply, excluding any facility that a person uses primarily to generate electricity for their own use; or
(d)
lines (and any associated facilities, including support structures for those lines) used or intended to be used to convey electricity, excluding any lines or associated facilities that a person uses primarily in connection with a facility to generate electricity for their own use; or
(e)
a water supply distribution system, including a system for irrigation; or
(f)
a drainage system, including a stormwater network; or
(g)
a sewerage system; or
(h)
structures for transport on land by cycleways, rail, roads, walkways, or any other means; or
(i)
facilities for the loading or unloading of cargo or passengers transported on land by any means; or
(j)
an aerodrome as defined in section 5 of the Civil Aviation Act 2023; or
(k)
a navigation installation as defined in section 5 of the Civil Aviation Act 2023; or
(l)
facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988; or
(m)
a relevant school or an institution as those terms are defined in section 10 of the Education and Training Act 2020; or
(n)
a health facility operated by Health New Zealand to meet its obligations under the Pae Ora (Healthy Futures) Act 2022; or
(o)
facilities for an emergency service (such as an ambulance or a fire service); or
(p)
defence facilities operated by the New Zealand Defence Force to meet its obligations under the Defence Act 1990; or
(q)
a corrections prison as defined in section 3(1) of the Corrections Act 2004; or
(r)
resource recovery facilities or waste disposal facilities, including privately operated facilities that are open to the public; or
(s)
anything prescribed as a core infrastructure operation by regulations
later designation has the meaning given in clause 6
project includes a work
proposed designation means—
(a)
a proposal for a designation that has been notified by a designating authority under clause 13 or 34(2)(b); but
(b)
excludes a proposed designation that has been—
(i)
incorporated into the relevant land use plan or proposed land use plan; or
(ii)
cancelled; or
(iii)
withdrawn
recommending authority, in relation to a proposed designation, means the recommending authority under clause 22
responsible infrastructure authority has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020
responsible SPV and SPV have the same meanings as in section 7 of the Infrastructure Funding and Financing Act 2020
submitter, in relation to a proposed designation, means a person who made a submission on that proposed designation.
2 Recognition of identified Māori land as taonga tuku iho
A person exercising a power or performing a function or duty under this Act relating to a designation or proposed designation that may affect identified Māori land must—
(a)
exercise that power, or perform that function or duty, in a manner that recognises that the identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and
(b)
in doing so, consider the rights and interests of owners of the identified Māori land to retain, control, use, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
Compare: 2023 No 46 s 512
Part 1 Effect of designations and proposed designations
3 Meaning of designation
In this Act, unless the context otherwise requires, designation means a set of provisions in a land use plan relating to a project—
(a)
decided by a designating authority under clause 20 of Schedule 2, clause 29 of Schedule 3, or clause 26 of this schedule; and
(b)
that do 1 or more of the following:
(i)
authorise the use of land for the project (see section 17(1)(d) and clause 4(1)(a) of this schedule):
(ii)
protect land set aside for the project against anything that would prevent or hinder the project (see clause 4(1)(b)):
(iii)
restrict the use of any land, subsoil, airspace, or space occupied by water for the safe and efficient operation of the project (see clause 4(3)).
Compare: 1991 No 69 s 166 definition of designation
4 Effect of designation
(1)
If a designation is included in a land use plan—
(a)
the designating authority may use land for a project in way that contravenes a rule in a land use plan or a rule in a proposed land use plan that has legal effect if the use of land for the project is authorised by the designation; and
(b)
the designating authority may use land for a project in way that contravenes a national rule, if—
(i)
the use of land for the project is authorised by the designation; and
(ii)
the national rule expressly allows a designation to be more enabling that the national rule or section 42 otherwise allows the designation to prevail over the national rule; and
(c)
no person may do anything in relation to the land subject to the designation that would prevent or hinder the project to which the designation relates, unless expressly allowed by an approval from the designating authority under clause 42.
(2)
The actions restricted by subclause (1)(c) include—
(a)
using the land; and
(b)
changing the character, intensity, or scale of any use of the land; and
(c)
subdividing the land.
(3)
A person must not breach a restriction in a designation on the use of any land, subsoil, airspace, or space occupied by water that is subject to the designation.
(4)
The other provisions of a land use plan or proposed land use plan apply to the land that is subject to a designation only to the extent that the land is used for a purpose that is not the designated purpose.
(6)
In this clause, other provisions, mean the provisions in the plan or proposed plan other than the designation.
Compare: 1991 No 69 s 176
5 Effect of proposed designation
(1)
A person must not, during the period described in subclause (3), do anything in relation to land subject to a proposed designation that would prevent or hinder the project to which the proposed designation relates, unless expressly allowed by an approval from the designating authority under clause 42.
(2)
The actions restricted by subclause (1) include—
(a)
using the land; and
(b)
changing the character, intensity, or scale of any use of the land; and
(c)
subdividing the land.
(3)
The period—
(a)
starts on the following date (as applicable):
(i)
if the proposed designation is using the process in Part 3 of this schedule, the date that the designating authority notifies it under clause 13:
(ii)
if the proposed designation is using the spatial planning process in Part 4 of this schedule, the date that the designating authority provides the notice of the proposed designation to the spatial plan committee in accordance with clause 34(2)(b):
(iii)
if the proposed designation is a modified designation incorporated into a proposed plan under clause 7(5) of Schedule 3, the date of the designating authority’s response under clause 7(4) of that schedule:
(iv)
if the proposed designation is incorporated into a proposed plan under clause 9 of Schedule 3, the date that the territorial authority decides to incorporate the proposed designation into its proposed plan under that clause:
(b)
ends on the earliest of the following:
(i)
the date that the proposed designation is included in the land use plan as a designation:
(ii)
the date that the proposed designation is cancelled:
(iii)
the date that the proposed designation is withdrawn.
(4)
If the proposed designation applies to land subject to a designation held by another designating authority, subclause (1) does not apply to anything done by the other designating authority on the overlapping land in accordance with that designation.
(5)
A person who contravenes subclause (1) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the proposed designation.
Compare: 1991 No 69 s 178
6 Earlier and later designations
(1)
This clause applies if the same area of land is subject to 2 or more overlapping designations held by different designating authorities.
Designating authority that holds earlier designation may exercise designation without seeking approval
(2)
Despite clause 4(1)(c), a designating authority that holds an earlier designation—
(a)
may do anything authorised by that earlier designation on the area of land; and
(b)
is not required to seek the approval of a designating authority that holds any later designation.
Designating authority that holds later designation must seek approval
(3)
A designating authority that holds a later designation must not do anything authorised by later designation on the area of land, unless specifically authorised by an approval granted under clause 43 from each designating authority that holds an earlier designation.
(4)
In this clause,—
earlier designation, in relation to any other designation on the same area of land, means a designation that first applied to that area before the other designation (even if that designation has been altered after the other designation applied to the area)
later designation, in relation to any other designation on the same area of land, means a designation that first applied to that area after the other designation.
(5)
For the purpose of subclause (4),—
(a)
a designation first applies to an area when the designation—
(i)
is incorporated into the land use plan under clause 30 or 35 or clause 31 of Schedule 3 in relation to that area of land; or
(ii)
is altered to apply to that area, if it did not previously apply to that area of land; and
(b)
if 2 or more designations on an area of land are incorporated into a land use plan at the same time, the designations must be treated as having first applied to the area in the order in which the relevant designating authority did the following (as applicable to the designation):
(i)
gave notice of a proposed designation under clause 13(1):
(ii)
provided notice of a proposed designation to the spatial plan committee in accordance with clause 34(2)(b):
(iii)
published the information required under clause 9(2) of Schedule 3.
Compare: 1991 No 69 s 177
7 Designation may not authorise the use of land in the coastal marine area
A designation may not authorise the use of land in the coastal marine area for a project.
Part 2 Designating authorities
8 Designating authorities
(1)
Only the following persons (designating authorities) may propose or hold a designation:
(a)
a Minister of the Crown:
(b)
a local authority:
(c)
a core infrastructure operator approved as a designating authority under clause 10:
(d)
a person that operates infrastructure approved as a designating authority under clause 11.
(2)
A designating authority that is a Minister of the Crown may propose or hold a designation only for a project that is a public work that the Minister is financially responsible for.
(3)
A designating authority that is a local authority may propose or hold a designation only for a project that is—
(a)
a public work that the local authority is financially responsible for; or
(b)
the construction of eligible infrastructure—
(i)
that a responsible SPV or the local authority is financially responsible for; and
(ii)
for which the local authority is a responsible infrastructure authority.
(4)
A designating authority that is a person approved under clause 10 or 11 may propose or hold a designation only for a project that is within the scope of their approval.
(5)
In this clause,—
construction of eligible infrastructure includes any work that is required to facilitate the future construction of eligible infrastructure
public work has the same meaning as in section 2 of the Public Works Act 1981.
Compare: 1991 No 69 ss 166 (definitions of requiring authority and relates to the construction of eligible infrastructure), 168(1)–(3), 168A(1)
9 Meaning of core infrastructure operator and core infrastructure operation
In this schedule, unless the context requires otherwise,—
core infrastructure operation has a meaning that corresponds to the meaning of core infrastructure operator
core infrastructure 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 for irrigation); or
(e)
undertakes or proposes to undertake a drainage or sewerage system; or
(f)
constructs or operates, or proposes to construct or operate, a road; or
(g)
constructs or operates, or proposes to construct or operate, a railway line; or
(h)
is—
(i)
an airport authority as defined section 2(1) of the Airport Authorities Act 1966 for the purpose of operating an airport as defined in that section; or
(ii)
an airport operator as defined in section 5 of the Civil Aviation Act 2023 for the purpose of operating an aerodrome for which that operator is registered under that Act; or
(i)
operates—
(i)
an inland port (not contiguous with the coastal marine area) associated with a coastal port operated under the Port Companies Act 1988; or
(ii)
the landward operations of a seaward port operated under the Port Companies Act 1988; or
(iii)
Northport (being the port at Marsden Point) or any inland port associated with Northport; or
(j)
is Health New Zealand in relation to any health facilities that it operates or proposes to operate to meet its obligations under the Pae Ora (Healthy Futures) Act 2022; or
(k)
operates or proposes to operate infrastructure for an emergency service (such as an ambulance or afire service); or
(l)
is a responsible SPV that constructs or proposes to construct eligible infrastructure; or
(m)
undertakes or proposes to undertake any operation that regulations prescribe as a core infrastructure operation.
Compare: 1991 No 69 s 166, definition of network utility operator
10 Minister may approve core infrastructure operator as designating authority
(1)
A core infrastructure operator may apply to the Minister for approval as a designating authority in relation to—
(a)
a particular project; or
(b)
a particular core infrastructure operation.
(2)
The Minister must not grant approval unless satisfied that—
(a)
approving the core infrastructure operator is appropriate for the purposes of carrying out the project or core infrastructure operation (as relevant); and
(b)
the core infrastructure operator is likely to—
(i)
satisfactorily carry out all the responsibilities (including the financial responsibilities) of a designating authority under this Act; and
(ii)
give appropriate regard to the interests of those affected and to the interests of the built environment.
(3)
However, if the core infrastructure operator is a responsible SPV seeking approval in relation to a project that is the construction of eligible infrastructure, the core infrastructure operator need not have financial responsibility for the construction for the Minister to be satisfied of the matter in subclause (2)(b)(i).
(4)
The Minister may inquire into the application and request any information as the Minister considers necessary.
(5)
The Minister may grant approval subject to any conditions (including provision of a bond) that the Minister considers necessary.
(6)
The Minister must notify an approval (including any conditions) in the Gazette.
Compare: 1991 No 69 s 167(1)–(4A)
11 Minister may approve other infrastructure operators as designating authority
(1)
Any person that operates infrastructure may apply to the Minister for approval as a designating authority in relation to a particular project that is infrastructure.
(2)
The Minister must not grant approval unless satisfied that—
(a)
the project would provide a significant public benefit; and
(b)
approving the applicant is appropriate for the purposes of carrying out the project; and
(c)
the applicant is likely to—
(i)
satisfactorily carry out all the responsibilities (including the financial responsibilities) of a designating authority under this Act; and
(ii)
give appropriate regard to the interests of those affected and to the interests of the built environment.
(3)
In assessing whether a project would provide a significant public benefit for the purposes of subclause (2)(a), the Minister must have regard to—
(a)
the extent to which the project benefits the public generally versus a small section of the public; and
(b)
the economic benefits of the project; and
(c)
the size and scale of the project.
(4)
For the purposes of subclause (2)(a), a project is not precluded from having a significant public benefit just because the operator charges a fee for access or obtains a commercial benefit from it.
(5)
In assessing whether approval is appropriate for the purposes of carrying out the project for the purposes of subclause (2)(b), the Minister must have regard to—
(a)
the extent to which the project could be more appropriately progressed using another process provided by this Act (such as a plan change or a planning consent); and
(b)
the extent to which the size and scale of the project justifies a designation.
(6)
The Minister may inquire into the application and request any information as the Minister considers necessary.
(7)
The Minister may grant approval subject to any conditions (including provision of a bond) that the Minister considers necessary.
(8)
The Minister must notify an approval (including any conditions) in the Gazette.
12 Revoking approval of designating authority
(1)
The Minister may revoke a designating authority’s approval if satisfied that—
(a)
the designating authority is unlikely to undertake or complete the project or core infrastructure operation for which they were approved as a designating authority; or
(b)
the designating authority is unlikely to satisfactorily carry out any of its responsibilities (including financial responsibilities) as a designating authority under this Act; or
(c)
if the designating authority was approved under clause 10, the designating authority is no longer a core infrastructure operator.
(2)
The Minister must notify a revocation in the Gazette.
(3)
On and from the date of a revocation, the Minister becomes the designating authority responsible for any designation or proposed designation held by the former designating authority.
(4)
The Minister may hold a designation transferred to them under this clause even if the Minister is not financially responsible for the project (as otherwise required by clause 8(2)).
Compare: 1991 No 69 s 167(5), (6)
Part 3 Securing designation
13 Notice of proposed designation
(1)
A designating authority may, at any time, give notice to a territorial authority of a proposed designation for a project.
(2)
A notice of a proposed designation must—
(a)
describe the nature of the project; and
(b)
set out the boundaries of the designation footprint; and
(c)
set out any conditions that the designating authority proposes for the designation; and
(d)
include an assessment of the effects of confirming the designation on the built environment; and
(e)
include an assessment of the strategic need for the project in the location of the designation footprint; and
(f)
state whether, or the extent to which, the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 36(2)(a); and
(g)
include any prescribed information.
(3)
The assessment of the effects of confirming the designation on the built environment must include an assessment of the proposed designation against any relevant provisions of—
(a)
the goals, the national policy direction, and a national standard in accordance with section 12; and
(b)
the land use plan and any proposed land use plan.
(4)
However, an assessment of strategic need under subclause (2)(e) is not required if—
(a)
the relevant spatial plan identifies the project in a location consistent with the location of the designation footprint; or
(b)
the designating authority has an interest in the land sufficient for undertaking the project.
(5)
The information in the assessment need only be at a level of detail that is proportionate to the nature and significance of any adverse effects of the project on the built environment.
(6)
To avoid doubt, a territorial authority that wants to secure a proposed designation (in its capacity as a designating authority) may issue a notice under this clause.
Compare: 1991 No 69 s 168; SR 2003/153 Schedule 1 form 18
14 No duty under this Act to consult about proposed designation
The following apply to a designating authority that gives notice of a proposed designation under clause 13 and the relevant territorial authority:
(a)
neither has a duty under this Act to consult any person about the proposed designation:
(b)
each must comply with a duty under any other enactment to consult any person about the proposed designation:
(c)
each may consult any person about the proposed designation.
Compare: 1991 No 69 s 36A
15 Option to incorporate proposed designation into proposed plan
(1)
This clause applies if a territorial authority intends to notify a proposed land use plan for public submissions no later than 40 working days after receiving a notice of proposed designation under clause 13.
(2)
The territorial authority may, with the written consent of the designating authority, incorporate the proposed designation into the proposed plan to be considered through that process (see clause 8 of Schedule 3).
(3)
If the territorial authority incorporates the proposed designation into the proposed plan, this Part ceases to apply to the proposed designation.
Compare: 1991 No 69 s 170
Deciding whether to notify for submissions
16 Decision to notify for submissions
A territorial authority must, no later than 10 working days after receiving a notice of a proposed designation under clause 13,—
(a)
decide (in accordance with clauses 17 to 19) whether to notify the proposed designation for public submissions; and
(b)
if it does not notify it for public submissions, decide (in accordance with clause 20) whether to notify it for targeted submissions.
Compare: 1991 No 69 s 169(1)
17 Deciding whether to notify for public submissions
(1)
A territorial authority must notify a proposed designation for public submissions if—
(a)
the designating authority requests notification for public submissions; or
(b)
a national rule, a rule in a plan, or a rule in a proposed plan with legal effect requires notification for public submissions; or
(c)
the territorial authority decides (under clause 19) that the project will or is likely to have adverse effects on the built environment that are more than minor; or
(d)
clause 18 applies (which relates to a failure to respond to a request for information or agree to commission a report).
(2)
The territorial authority must not notify a proposed designation for public submissions if a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect precludes notification for public submissions, unless the designating authority requests it or clause 18 applies.
(3)
Subclause (2) overrides subclause (1)(c).
Compare: 1991 No 69 ss 169(1), (1A), 149ZCB
18 Notification decision: failing to respond to information request or commission report
A territorial authority must notify a proposed designation for public submissions if—
(a)
the territorial authority has not already decided whether to notify the proposed designation for submissions; and
(b)
either—
(i)
the territorial authority requests further information from the designating authority under section 119 (as applied by clause 20), but the designating authority—
(A)
refuses to provide the information; or
(B)
does not provide it by the relevant deadline; or
(ii)
the territorial authority notifies the designating authority under section 120 (as applied by clause 21) that it wishes to commission a report, but the designating authority—
(A)
refuses to agree to commission the report; or
(B)
does not respond by the relevant deadline.
Compare: 1991 No 69 s 169(1A), (1B)
19 Notification decision: determining if adverse effects on built environment are more than minor
When deciding whether a project will or is likely to have adverse effects on the built environment that are more than minor, the territorial authority—
(a)
must disregard any effects on persons who own or occupy—
(i)
the land to which the designation will apply; or
(ii)
any land adjacent to that land; and
(b)
must disregard any effect on a person who has given written approval for the proposed designation; and
(c)
may disregard an adverse effect of the project if a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect permits an activity with that adverse effect.
Compare: 1991 No 69 ss 169(1), 149ZCE
20 Deciding whether to notify for targeted submissions
(1)
If a territorial authority decides not to notify a proposed designation for public submissions, it must decide if there is any affected person in relation to the project.
(2)
The territorial authority must decide that a person is an affected person if—
(a)
the project will have adverse effects on the person that are more than minor; or
(b)
the person owns or occupies any land to which the proposed designation applies.
(3)
When making that decision, the territorial authority—
(a)
must have regard to every relevant statutory acknowledgement; and
(b)
may disregard an adverse effect of the project on a person if a national rule, a rule in a plan, or a rule in a proposed plan with legal effect permits an activity with that effect; and
(c)
must disregard any person if—
(i)
the person has given, and not withdrawn, written approval for the project; or
(ii)
it is unreasonable in the circumstances to seek the person’s written approval.
(4)
The territorial authority must notify the proposed designation for targeted submission to any affected person, unless a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect precludes notification for targeted submissions.
Compare: 1991 No 69 ss 169(1), 149ZCC, 149ZCF
21 Requests for further information or reports, submissions, conferences, and mediation
(1)
Sections 119, 120, 121, 131, 132, 133, and 134 apply to a proposed designation being considered using the process under this Part, with all necessary modifications and as if—
(a)
a reference to an application for planning consent were a reference to the proposed designation; and
(b)
a reference to an applicant were a reference to the designating authority; and
(c)
a reference to a planning consent were a reference to a designation; and
(d)
a reference to a consent authority were a reference to a territorial authority; and
(e)
a reference to an activity were a reference to the project; and
(f)
a reference to an affected person under section 128 were a reference to an affected person under clause 20; and
(g)
a reference to a decision on an application for planning consent were a reference to a recommendation under clause 24.
(2)
However, sections 119, 120, and 121 do not apply, the territorial authority is the designating authority responsible for the proposed designation.
(3)
A territorial authority must not request further information about a proposed designation in accordance with section 119 (as applied by this clause) unless also satisfied that the information—
(a)
is necessary for the territorial authority to understand the proposed designation (including the effects on the built environment of confirming the proposed designation); and
(b)
is not information that would be more appropriately provided and considered through a construction project plan.
Compare: 1991 No 69 ss 168A(2), 169(2)
22 Recommending authority
(1)
A territorial authority may appoint 1 or more hearings commissioners who are not members of the territorial authority to be the recommending authority on a proposed designation.
(2)
However, the territorial authority must appoint 1 or more hearings commissioners to be the recommending authority on a proposed designation if any of the following apply:
(a)
the territorial authority is the designating authority for the proposed designation:
(b)
the proposed designation is notified for public submissions:
(c)
if the proposed designation is notified for targeted submission, the designating authority or a submitter requests no later than 5 working days after the close of submissions that 1 or more hearings commissioners be appointed.
(3)
If the territorial authority does not appoint hearings commissioners, the territorial authority is the recommending authority.
Compare: 1991 No 69 ss 100A, 168A(2), 169(2)
23 Obligation to hold a hearing
(1)
A hearing must not be held in relation to a proposed designation unless—
(a)
the designating authority has requested a hearing; or
(b)
subclause (2) applies.
(2)
This subclause applies if—
(a)
a submitter has requested to be heard and has not subsequently advised that they do not wish to be heard; and
(b)
the recommending authority considers a hearing will be the most effective and efficient means to test the information, and any issues, related to the proposed designation; and
(c)
the parties have attended a conference or mediation under section 134 (as applied by clause 21), if the recommending authority considers a conference or mediation to be appropriate.
(3)
A hearing must be a joint hearing or a combined hearing in the circumstances prescribed in regulations.
(4)
A hearing (including a joint hearing or a combined hearing) must be conducted in the manner prescribed in regulations.
24 Recommendations on proposed designation
(1)
When considering a proposed designation and any submissions received, the recommending authority must have regard to—
(a)
the strategic need for the project in the location proposed; and
(b)
any relevant provisions of—
(i)
the goals, the national policy direction, and a national standard in accordance with section 12; and
(ii)
the land use plan and any proposed land use plan; and
(c)
the following effects of confirming the designation:
(i)
any positive effect:
(ii)
any significant adverse effect on the built environment; and
(d)
any other adverse effect of confirming the designation, but only if and to the extent that—
(i)
the recommending authority considers that effect cannot be appropriately managed through a construction project plan; or
(ii)
the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 36(2)(a).
(2)
The requirement in subclause (1)(a) to have regard to the strategic need for the project in the location proposed—
(a)
does not require the recommending authority to—
(i)
carry out or consider an assessment of any alternative sites, routes, or methods of undertaking the project; or
(ii)
consider whether the project could have been better provided in any alternative location; and
(b)
does not apply if—
(i)
the relevant spatial plan identifies the project in a location consistent with the location of the designation footprint; or
(ii)
the designating authority has an interest in the land within the designation footprint sufficient to undertake the project.
(3)
The positive effects to be had regard to under subclause (1)(c)(i) may include any positive effect proposed or agreed by the designating authority to offset or compensate for any adverse effects on the built environment of confirming the designation.
(4)
The recommending authority—
(a)
may recommend to the designating authority that it—
(i)
confirm the proposed designation; or
(ii)
confirm the proposed designation, but modify it or impose conditions; or
(iii)
withdraw the proposed designation; and
(b)
must give reasons.
(5)
If the recommending authority is the territorial authority, it must—
(a)
make the recommendation under subclause (4) by publishing a notice on an internet site to which the public has free access; and
(b)
include the reasons required by subclause (4)(b) in that notice.
Compare: 1991 No 69 ss 168A(3)–(4), 171
25 Designation conditions
(1)
A recommending authority may recommend a condition on a designation under clause 24 only if it is satisfied that—
(a)
the condition is no more onerous than necessary to manage an adverse effect described in clause 24(1)(c)(ii) or (d); and
(b)
the condition does not relate to a matter of detail that would be more appropriately addressed through a construction project plan.
(2)
However, subclause (1)(b) does not apply if and to the extent that the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 36(2)(a).
26 Decision of designating authority
(1)
A designating authority must, no later than 30 working days after receiving a recommendation under clause 24(4) or (5), advise the relevant territorial authority whether the designating authority—
(a)
accepts the recommendation in whole; or
(b)
accepts the recommendation in part and rejects it in part; or
(c)
rejects the recommendation in whole.
(2)
The designating authority may modify the proposed designation if, and only if, that modification—
(a)
is recommended by the recommending authority; or
(b)
is not inconsistent with the proposed designation as notified under clause 16.
(3)
The designating authority must advise the territorial authority of its reasons if it—
(a)
rejects the recommendation in whole or in part; or
(b)
modifies the proposed designation.
(4)
However, if the designating authority is the territorial authority, it must—
(a)
publish a notice of its decision within the deadline specified in subclause (1) in the prescribed manner; and
(b)
include any reasons required by subclause (3) in that notice.
Compare: 1991 No 69 s 172
27 Notice of decision on designation
(1)
A territorial authority must ensure that a notice of a decision under clause 26 and a statement of the time within which an appeal against the decision may be lodged is served on—
(a)
each person who made a submission; and
(b)
each land owner and occupier directly affected by the decision.
(2)
The territorial authority must serve the notice as described in subclause (1) no later than—
(a)
15 working days after receiving notice of the decision under clause 26 (if the territorial authority is not the designating authority); or
(b)
10 working days after making the decision under clause 26 (if the territorial authority is the designating authority).
(3)
If the territorial authority does not include a full copy of the decision in the notice, it must—
(a)
make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district; and
(b)
include with the notice a statement of the places where a copy of the decision is available; and
(c)
send or provide, on request, a copy of the decision within 3 working days after the request is received.
Compare: 1991 No 69 s 173
28 Appeals against decision of designating authority
(1)
Any 1 or more of the following persons may appeal to the Environment Court against the whole or any part of a decision of a designating authority under clause 26:
(a)
the relevant territorial authority (unless the designating authority is that territorial authority):
(b)
a submitter.
(2)
A notice of appeal under this clause must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
include any prescribed information; and
(c)
be lodged with the Environment Court and be served on the designating authority no later than 15 working days after the date of the notice given in accordance with clause 27.
(3)
The appellant must ensure that a copy of the notice of appeal is served on the territorial authority and every submitter no later than 5 working days after the notice is lodged with the court.
Compare: 1991 No 69 s 174(1)–(3)
29 Determining appeals
(1)
In determining an appeal, the Environment Court must have regard to the matters set out in clause 24(1) and comply with clauses 24(2) to (4) and 25 as if it were the recommending authority.
(2)
The court may—
(a)
confirm the proposed designation; or
(b)
confirm the proposed designation, but modify it or impose conditions; or
(c)
cancel the proposed designation.
Compare: 1991 No 69 s 174(4)
30 Designation to be incorporated into land use plan
(1)
Subclause (2) applies to a territorial authority if—
(a)
a designating authority makes a decision under clause 26; and
(b)
one of the following applies:
(i)
no appeal is lodged under clause 28 against the decision within the time period permitted by that clause:
(ii)
all appeals lodged under clause 28, including any further appeals, are determined; and
(c)
as a result of the decision and any appeals, the proposed designation is confirmed with or without conditions or modifications (but not cancelled).
(2)
The territorial authority must, as soon as is practicable and without using the process in Schedule 3,—
(a)
incorporate the designation (as confirmed or modified) into its land use plan and any proposed land use plan; and
(b)
state in its land use plan and any proposed land use plan the name of the designating authority responsible for the designation.
Compare: 1991 No 69 s 175
31 Withdrawing proposed designation
(1)
A designating authority that has notified a proposed designation under clause 13 may withdraw the proposed designation at any time before—
(a)
the proposed designation is incorporated into the land use plan under clause 30; or
(b)
the relevant proposed plan becomes operative (if the proposed designation was incorporated into a proposed plan under clause 15).
(2)
The designating authority must give notice of any withdrawal to the territorial authority (unless the designating authority is the territorial authority).
(3)
The territorial authority must—
(a)
give public notice of any withdrawal; and
(b)
if the proposed designation had been notified for submissions, serve the notice on any person who made a submission; and
(c)
if the proposed designation was incorporated into a proposed plan under clause 15, amend the proposed plan without using the process in Schedule 3 to remove the proposed designation.
Compare: 1991 No 69 s 168(4), (5), Schedule 1 cl 4(9), (10)
Part 4 Securing designation through spatial planning process
32 Designating authority may apply to notify proposed designation through spatial planning process
(1)
After receiving an invitation from a spatial plan committee under clause 7 of Schedule 2, a designating authority may apply to the committee to include a proposed designation in the draft spatial plan that the committee is preparing and have it considered through that process.
(2)
The designating authority’s application must—
(a)
describe the project to which the designation relates; and
(b)
set out why the designating authority considers the project meets the criteria in clause 33(2) of this schedule; and
(c)
be made no later than the deadline specified in the invitation.
33 Spatial plan committee must decide whether to accept application
(1)
A spatial plan committee must decide whether to accept an application received under clause 32.
(2)
The committee may accept the application only if satisfied that—
(a)
at least 1 of the following applies:
(i)
the project is nationally significant or regionally significant:
(ii)
the project will have regionally significant benefits:
(iii)
the project will cross territorial authority boundaries; and
(b)
it is appropriate in the circumstances for the proposed designation to be included in the draft spatial plan and be considered through that process.
(3)
If the committee declines the application,—
(a)
it must consider whether to, instead, identify the indicative location of the project to which the application relates in the draft spatial plan (see clause 7(1)(a) of Schedule 2); and
(b)
it must advise the designating authority in writing of the outcome, with its reasons.
(4)
A designating authority whose application is declined has a right of objection to the Planning Tribunal.
34 Designating authority must prepare notice of proposed designation
(1)
If the spatial plan committee accepts the application, it must advise the designating authority in writing that it accepts the application.
(2)
The designating authority may, no later than a deadline specified by the spatial plan committee in writing,—
(a)
prepare a notice of the proposed designation in accordance with clause 13(2) to (5); and
(b)
provide it to the spatial plan committee.
(3)
The spatial plan committee must include any notice of a proposed designation provided in accordance with subclause (2) in the draft regional spatial plan that it notifies under clause 14 of Schedule 2.
35 Designation to be incorporated into land use plan and regional spatial plan
(1)
Subclause (2) applies to a territorial authority if—
(a)
a designating authority makes a decision under clause 20 of Schedule 2; and
(b)
one of the following applies:
(i)
no appeal is lodged under clause 26 of Schedule 2 against the decision within the time period permitted by that clause:
(ii)
all appeals lodged under that clause, including any further appeals, are determined; and
(c)
as a result of the decision and any appeals, the proposed designation is confirmed with or without conditions or modifications (but not cancelled).
(2)
The spatial plan committee must, as soon as practicable and without using any further process, incorporate the designation (as confirmed or modified) into the regional spatial plan.
(3)
The territorial authority of the relevant district must, as soon as practicable and without using the process in Schedule 3,—
(a)
incorporate the designation (as confirmed or modified) into its land use plan and any proposed land use plan; and
(b)
state in its land use plan and in any proposed land use plan the name of the designating authority responsible for the designation.
Compare: 1991 No 69 s 175
Part 5 Construction project plan
36 When construction project plan is required
(1)
A construction project plan is required for a designation that authorises the construction of a project.
(2)
However, a construction project plan is not required—
(a)
if the details referred to in clause 37(2) are incorporated into the designation and the designation expressly states that a construction project plan is not required for the project; or
(b)
if the territorial authority waives the requirement for a construction project plan for the project or any specific construction activity or enabling activity (such as site clearance); or
(c)
in relation to any construction activity or enabling activity that is otherwise authorised under this Act (whether or not the activity requires a natural resource permit under the Natural Environment Act 2025).
(3)
If a construction project plan is required in relation to any construction activity or enabling activity, that activity must not commence until the plan is confirmed under clause 39.
(4)
To avoid doubt, a territorial authority may waive a requirement for a construction project plan in relation to a designation for which it is the designating authority.
(5)
In this clause, an activity is otherwise authorised under this Act if that activity is—
(a)
identified in the designation as an activity that may occur without a construction project plan; or
(b)
authorised by a land use consent; or
(c)
a permitted activity under this Act; or
(d)
otherwise permitted because it does not breach a national rule, a rule in a land use plan, and any rule in a proposed land use plan that has legal effect.
Compare: 1991 No 69 s 176A(1), (2)
37 Requirements of construction project plan
(1)
The purpose of a construction project plan for a project authorised by a designation is to—
(a)
confirm the final design of the project; and
(b)
set out how any adverse effects of the project or its construction on the built environment will be avoided, minimised, or remedied.
(2)
A construction project plan—
(a)
must set out the final design of the project, including where relevant—
(i)
the location and dimensions of the project within the designation (including the likely finished contour of the site); and
(ii)
the layout of the site, including any vehicular access, circulation, and any provision for parking; and
(iii)
the landscaping proposed; and
(b)
must identify any adverse effects of the construction on the built environment; and
(c)
must set out how the designating authority will avoid, minimise, or remedy those effects; and
(d)
must set out any other matter that designation specifies must be addressed in the construction project plan; and
(e)
may include any other comparable matter that is relevant to understanding the effects of the project on the built environment.
(3)
A construction project plan may include conditions.
Compare: 1991 No 69 s 176A(3)
38 Designating authority must submit construction project plan to territorial authority
(1)
A designating authority must submit any construction project plan that is required for a project to the territorial authority.
(2)
No later than 20 working days after receiving the construction project plan, the territorial authority may request that the designating authority make changes to it.
(3)
The designating authority must notify the territorial authority of its decision on the request.
(4)
If the designating authority decides not to make a change requested, the territorial authority may appeal that decision to the Environment Court.
(5)
A notice of appeal must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
include any prescribed information; and
(c)
be lodged with the Environment Court and be served on the designating authority no later than 15 working days after the date of the notice under subclause (3).
(6)
In determining any appeal, the Environment Court must consider whether the changes requested by the territorial authority are necessary in order to manage the adverse effects of the project or its construction on the built environment, having regard to the scale and significance of those effects.
(7)
This clause does not apply if the territorial authority is the designating authority.
Compare: 1991 No 69 s 176A(1), (4), (5), (6)
39 When construction project plan is confirmed
(1)
If the territorial authority does not request any changes to a construction project plan, the plan is confirmed on the earlier of—
(a)
the date the territorial authority advises the designating authority that it requests no changes; or
(b)
the close of the period in clause 38(2).
(2)
If the designating authority accepts all changes requested by the territorial authority, the plan is confirmed when the designating authority notifies the territorial authority of its decision to accept the changes under clause 38(3).
(3)
If the designating authority decides not to make a change requested by the territorial authority, the plan is confirmed on—
(a)
the close of the appeal period in clause 38(5)(c), if no appeal is lodged; or
(b)
the date that the appeal, and any further appeal, is determined.
(4)
If the territorial authority is the designating authority, the plan is confirmed when the territorial authority publishes it in accordance with clause 40.
40 Designating authority must publish construction project plan
(1)
A designating authority must publish a construction project plan on an internet site to which the public has free access.
(2)
A designating authority must publish a plan—
(a)
as soon as reasonably practicable after it is confirmed; or
(b)
if the designating authority is the territorial authority, as soon as is reasonably practicable after deciding it.
41 Designating authority must comply with construction project plan
A designating authority must comply with a construction project plan (including any conditions in that plan) as if it were a condition of the relevant designation.
Part 6 Other matters
Approval from designating authority
42 Approval to use land subject to designation or proposed designation
(1)
A person may apply in writing to a designating authority that holds a designation for approval to do something in relation to land subject to the designation that would otherwise contravene clause 4(1)(c).
(2)
A person may apply in writing to a designating authority responsible for a proposed designation for approval to do something that would otherwise contravene clause 5(1).
(3)
A designating authority must, no later than 40 working days after receiving an application under this clause, notify the applicant in writing of its decision to—
(a)
grant approval (with or without conditions); or
(b)
refuse approval.
(4)
If a designating authority does not notify the applicant of a decision within the deadline specified in subclause (3), the application must be treated as if were approved without conditions.
43 Approval to exercise later designation
(1)
A designating authority that holds a later designation may apply in writing to a designating authority that holds an earlier designation approval to do something in relation to land that would otherwise contravene clause 6(3).
(2)
A designating authority that holds an earlier designation must, no later than 40 working days after receiving an application under this clause, notify the other designating authority in writing of its decision to—
(a)
grant approval (with or without conditions); or
(b)
refuse approval.
(3)
However, a designating authority that holds an earlier designation—
(a)
may decline approval only if satisfied that the thing proposed by the other designating authority would prevent or hinder the project to which the earlier designation relates; and
(b)
may impose a condition on an approval only if satisfied that the condition is necessary to avoid preventing or hindering the project to which the earlier designation relates.
(4)
If a designating authority that holds an earlier designation does not notify the other designating authority of a decision within the deadline specified in subclause (2), the application must be treated as if it were approved without conditions.
44 Right of objection if designating authority refuses approval
(1)
A person who is refused approval by a designating authority under clause 42 or 43, or is granted approval subject to a condition, may object to the Planning Tribunal against the refusal or condition.
(2)
A notice of an objection must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
include any prescribed information; and
(c)
be lodged with the Planning Tribunal and be served on the designating authority no later than 15 working days after the date the objector received notice under clause 42(3) or 43(2).
(3)
In considering an objection under clause 42, the tribunal must have regard to—
(a)
whether the decision objected against would render the land that is subject to the designation or proposed designation incapable of reasonable use; and
(b)
whether the decision objected against has caused or is likely to cause serious hardship to the objector; and
(c)
the extent to which the decision may be modified without wholly or partly nullifying the effect of the designation or proposed designation.
(4)
In considering an objection under clause 43, the tribunal must have regard to—
(a)
whether the decision objected against would frustrate the implementation of the later designation; and
(b)
whether the decision objected against has caused or is likely to cause serious hardship to the designating authority responsible for the later designation; and
(c)
the extent to which the decision may be modified without wholly or partly nullifying the effect of the earlier designation.
(5)
The tribunal may confirm, modify, or reverse the decision objected against.
Compare: 1991 No 69 s 179
Altering designations
45 Alterations to designations using process in Part 3
(1)
A designating authority that holds a designation may, at any time, notify a territorial authority of a proposed alteration to the designation (a proposed alteration) that it seeks to be considered using the process in Part 3 of this schedule.
(2)
Part 3 of this schedule applies to a proposed alteration under this clause with all necessary modifications and as if—
(a)
a reference to a proposed designation were a reference to the proposed alteration; and
(b)
a reference to the project were a reference to the change to the project authorised by the designation; and
(c)
a reference to the effects of the project or proposed designation were a reference to the change to the effects of the project or proposed designation.
Compare: 1991 No 69 s 181(1), (2)
46 Alterations to designations using spatial plan process in Part 4
(1)
A designating authority that holds a designation may, after receiving an invitation from a spatial plan committee under clause 7 of Schedule 2, apply to the committee to notify an alteration to that designation (a proposed alteration) in the draft spatial plan that the committee is preparing.
(2)
Part 4 of this schedule applies to a proposed alteration under this clause with all necessary modifications and as if—
(a)
a reference to a proposed designation were a reference to the proposed alteration; and
(b)
a reference to the project were a reference to the change to the project authorised by the designation; and
(c)
a reference to the effects of the project or proposed designation were a reference to the change to the effects of the project or proposed designation; and
(d)
subclause (3) applied instead of clause 33(2).
(3)
The spatial plan committee may accept an application to notify a proposed alteration only if satisfied that—
(a)
at least 1 of the following applies:
(i)
the change to the project is nationally significant or regionally significant:
(ii)
the change to the project will have regionally significant benefits:
(iii)
the change to the project occurs across territorial authority boundaries:
(iv)
the proposed alteration is to support, or is otherwise closely connected with, a proposed designation that a designating authority is requesting be notified through the draft spatial plan; and
(b)
it is appropriate in the circumstances for the proposed alteration to be notified through the draft spatial plan.
47 Minor alterations to designations
(1)
A territorial authority may, at any time, alter a designation in its land use plan or a proposed designation in a proposed land use plan without using a process in Part 3 or 4 of this schedule, or Schedule 3, if subclause (2) or (3) applies.
(2)
The territorial authority may alter a designation or proposed designation if—
(a)
either or both of the following apply:
(i)
the alteration involves no more than a minor change to the effects on the built environment:
(ii)
the alteration involves only minor changes to the boundaries of the designation or proposed designation; and
(b)
the territorial authority and the designating authority agree to the alteration; and
(c)
written notice of the proposed alteration has been given to every owner or occupier of land directly affected by the alteration, and those owners or occupiers agree with it.
(3)
The territorial authority may alter a designation or proposed designation if—
(a)
the effect of the alteration is to make any condition of the designation consistent with, or more consistent with, any rule in a land use plan or national rule that is more lenient than the current condition; and
(b)
the territorial authority and the designating authority agree to the alteration; and
(c)
written notice of the proposed alteration has been given to every owner or occupier of land directly affected by the alteration.
Removing designations
48 Removing designations
(1)
If a designating authority no longer wants all or part of a designation, it may give notice that it seeks the removal of all or part of that designation to—
(a)
the territorial authority; and
(b)
every person who is known by the designating authority to be the owner or occupier of any land to which the designation applies; and
(c)
any other person who, in the opinion of the designating authority, is likely to be affected by the designation.
(2)
As soon as is reasonably practicable after receiving the notice, the territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed land use plan to remove the designation or part of the designation.
(3)
However, if the territorial authority considers that the effect of removing part of the designation on the remaining parts of the designation is more than minor, it may, no later than 20 working days after receiving the notice, decline to remove that part of the designation.
(4)
Subclause (3) applies despite subclause (2).
(5)
A designating authority may object to the Planning Tribunal against any decision to decline to remove part of a designation under subclause (3).
Compare: 1991 No 69 s 182
Lapse of designation
49 Lapse of designation
Lapse period
(1)
The lapse period of a designation is—
(a)
either—
(i)
10 years after the date the designation is included in the land use plan; or
(ii)
any other period specified in the designation when it was incorporated into the plan; and
(b)
includes any extension to the lapse period under subclause (2)(b).
Designation lapses if not given effect to or extended before end of lapse period
(2)
A designation lapses on the expiry of its lapse period unless—
(a)
it is given effect to before the end of that period; or
(b)
the territorial authority decides, on an application made by the designating authority within 3 months before the expiry of the lapse period, to fix a longer lapse period.
Test for extending lapse period
(3)
A territorial authority may extend a lapse period under subclause (2)(b) only if satisfied that substantial progress or effort has been made, and is continuing to be made, towards giving effect to the designation.
(4)
A lapse period can be extended under subclause (2)(b) multiple times.
Right of objection
(5)
A designating authority may object to the Planning Tribunal if a territorial authority refuses to extend a lapse period under subclause (2)(b).
Consequence of lapse
(6)
If a designation lapses,—
(a)
the designation ceases to have any legal effect; and
(b)
the territorial authority must, as soon as is reasonably practicable,—
(i)
amend its land use plan and any proposed plan to remove the lapsed designation without using the process in Schedule 3; and
(ii)
give notice on an internet site to which the public has free access that the designation has lapsed.
Alteration to designation may not extend lapse period
(7)
A territorial authority must not alter the lapse period of a designation other than in accordance with subclause (2)(b).
Compare: 1991 No 69 ss 184, 184A
Transferring designations
50 Transferring designation to another designating authority
(1)
If financial responsibility for a project authorised by a designation is transferred from one designating authority to another,—
(a)
responsibility for any relevant designation is also transferred; and
(b)
the designating authority that is transferring responsibility must advise the Minister and the relevant territorial authority of the transfer.
(2)
The territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed plan to note the transfer.
Compare: 1991 No 69 s 180
51 Temporary transfer of designation to another designating authority
(1)
A designating authority that holds a designation (the original designating authority) may temporarily transfer responsibility for all or part of its designation to another designating authority (the new designating authority) to enable the new designating authority to relocate any infrastructure to which the designation relates.
(2)
The new designating authority must give the territorial authority and the Minister written notice of the temporary transfer that—
(a)
includes the original designating authority’s consent to the transfer; and
(b)
describes the infrastructure to be relocated.
(3)
If a construction project plan is required for the relocation under clause 36, the new designating authority may prepare the construction project plan as if it were the original designating authority.
(4)
The original designating authority must give the territorial authority and the Minister written notice of when the temporary transfer is complete, at which point responsibility for the designation transfers back to the original designating authority.
(5)
The territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed plan to—
(a)
note the transfer, as soon as practicable after it occurs; and
(b)
note the transfer back to the original designating authority, as soon as is practicable after it occurs.
Compare: 2023 No 46 s 541(2)
52 Delegating functions, duties, and powers relating to designation to responsible SPV
(1)
This clause applies to a designating authority that is a local authority and holds a designation authorising construction work that—
(a)
is required to facilitate the future construction of eligible infrastructure for which the local authority is a responsible infrastructure authority; and
(b)
the local authority is financially responsible for.
(2)
If a responsible SPV (who is not a designating authority) proposes to take over the construction work, the designating authority may delegate to that responsible SPV any functions, duties, and powers in relation to the designation that relate to the construction work.
(3)
The responsible SPV must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions included in the designation or any construction project plan.
(4)
A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority.
Compare: 1991 No 69 s 180A
Acquiring land
53 Environment Court may order taking of land
(1)
An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or proposed designation may apply to the Environment Court in the prescribed manner for an order requiring the designating authority responsible for the designation or proposed designation to acquire or lease all or part of the owner’s estate or interest in the land under the Public Works Act 1981.
(2)
The application must—
(a)
be in the prescribed form; and
(b)
be served on the designating authority and the relevant territorial authority in the prescribed manner.
(3)
The Environment Court may make an order applied for under subclause (1) if it is satisfied that—
(a)
the owner has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the designation or proposed designation at a price not less than the market value that the land would have had if it had not been subject to the designation or proposed designation; and
(b)
either—
(i)
the designation or proposed designation prevents reasonable use of the owner’s estate or interest in the land; or
(ii)
the applicant was the owner, or the spouse, civil union partner, or de facto partner of the owner, of the estate or interest in the land when the designation or proposed designation was created.
(4)
Before making an order under subclause (1) the court may direct the owner to take further action to try to sell the estate or interest in the land.
(5)
If the Environment Court makes an order to take an estate or interest in land under the Public Works Act 1981, the owner of that estate or interest is deemed to have entered into an agreement with the designating authority responsible for the designation or proposed designation for the purposes of section 17 of the Public Works Act 1981.
(6)
Where subclause (5) applies in respect of a designating authority that is a core infrastructure operator approved under clause 10,—
(a)
any agreement shall be deemed to have been entered into with the Minister for Land Information on behalf of the core infrastructure operator as if the land were required for a Government work; and
(b)
all costs and expenses incurred by the Minister for Land Information in respect of the acquisition of the land are recoverable from the core infrastructure operator as a debt due to the Crown.
(7)
The amount of compensation payable for an estate or interest in land ordered to be taken under this clause—
(a)
must be assessed as if the designation or proposed designation had not been created; and
(b)
despite subclause (5), does not include compensation under section 72DA of the Public Works Act 1981.
(8)
Subclauses (9) and (10) apply if the designation or proposed designation to which the order relates is for a critical infrastructure project—
(a)
within the meaning of section 39AAB of the Public Works Act 1981; and
(b)
in relation to which the designating authority may use Part 2A of that Act to acquire the owner’s land.
(9)
The owner must be paid compensation in recognition of the land being acquired for a critical infrastructure project and, for that purpose, must be treated as if they were an owner of land entitled to the compensation specified in section 39AAK(2)(b) of that Act unless the exclusion in section 39AAL(1) of that Act applies.
(10)
To avoid doubt, the owner is not entitled to compensation under section 39AAK(2)(c) of that Act.
Compare: 1991 No 69 s 185
54 Compulsory acquisition on behalf of core infrastructure operator
(1)
A responsible core infrastructure operator may apply to the Minister for Land Information in the prescribed manner to have land required—
(a)
for a project that is a critical infrastructure project within the meaning of section 39AAB of the Public Works Act 1981 acquired or taken under Part 2A of that Act, and, if the Minister for Land Information agrees, that land may be acquired or taken:
(b)
for any other project acquired or taken under Part 2 of the Public Works Act 1981 as if the project were a Government work within the meaning of section 2 of that Act, and, if the Minister for Land Information agrees, that land may be acquired or taken.
(2)
The effect of any Proclamation taking land for the purposes of subclause (1) shall be to vest the land in the responsible core infrastructure operator instead of the Crown.
(3)
Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on such terms and conditions (including price) as may be agreed, be set apart for a project of a responsible core infrastructure operator in the manner provided in sections 50 and 52 of the Public Works Act 1981 (with the necessary modifications), but the setting apart shall not be subject to sections 40 and 41 of that Act. Any land so set apart shall vest in the responsible core infrastructure operator.
(4)
Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this clause shall be made against the Minister for Land Information.
(5)
All costs and expenses incurred by the Minister for Land Information in respect of the acquisition or taking of land in accordance with this clause (including any compensation payable by the Minister) shall be recoverable from the responsible core infrastructure operator as a debt due to the Crown.
(6)
Sections 40 and 41 of the Public Works Act 1981 apply to land acquired or taken in accordance with this clause as if the responsible core infrastructure operator concerned were the Crown.
(7)
This clause does not apply if—
(a)
the responsible network utility operator is Transpower (as defined in section 2 of the Public Works Act 1981):
(b)
the responsible network utility operator is a responsible SPV and the land is protected Māori land as defined in section 11 of the Infrastructure Funding and Financing Act 2020.
(8)
For the purposes of this clause, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.
(9)
In this clause, responsible core infrastructure operator, in relation to a project, means a core infrastructure operator that is a designating authority for—
(a)
the project:
(b)
a core infrastructure operation to which the project relates.
Compare: 1991 No 69 s 186
Schedule 6 Information required in applications for consent
s 109
Information required in application for planning consent
1 Information must be specified in sufficient detail
Information included in an application for a planning consent must—
(a)
be sufficiently detailed and adequate to enable the consent authority to undertake its assessment; and
(b)
be proportionate to the scale and significance of the activity.
Compare: 2023 No 46 Schedule 9 cl 1
2 Information required in all applications
(1)
An application for a planning consent for an activity (the activity) must include the following:
(a)
the full name and address of the applicant:
(b)
the full name and address of each owner or occupier of the site at which the activity is to occur (if different from the applicant):
(c)
a description of the activity:
(d)
a description of the site at which the activity is to occur:
(e)
a description of any other activities that are part of the proposal to which the application relates:
(f)
a description of any other natural resource permits or planning consents required for the proposal to which the application relates.
(2)
An application must include an assessment of the activity against—
(a)
any relevant provisions of the land use plan or proposed land use plan or national rule; and
(b)
any relevant provisions of other key instruments if, and only to the extent that, the matter is not addressed by the plan or proposed plan or national rule.
(3)
An application must include an assessment of the activity’s effects on the built environment that includes the information required by clause 6.
Compare: 2023 No 46 Schedule 9 cl 1
3 Additional information required in some applications
An application must also include any of the following that apply:
(a)
if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a planning consent is not required for that activity under section 32(2)):
(b)
if the application is affected by section 164 (which relates to existing planning consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 139(1)(f)).
Compare: 1991 No 69 Schedule 4 cl 3
4 Additional information required in application for subdivision consent
An application for a subdivision consent must also include information that adequately defines the following:
(a)
the position of all new boundaries:
(b)
the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan:
(c)
the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips:
(d)
the locations and areas of any existing esplanade reserves, esplanade strips, and access strips:
(e)
the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under clause 22 of Schedule 7:
(f)
the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under clause 22 of Schedule 7):
(g)
the locations and areas of land to be set aside as new roads.
Compare: 1991 No 69 Schedule 4 cl 4
5 Additional information required in application for consent that changes spatial application of plan provisions
An application for a planning consent that authorises a change to the plan provisions that apply to an area in accordance with section 98 after the consent is given effect to must—
(a)
identify the location and boundaries of the area to which the change would apply; and
(b)
identify which standardised plan provisions the applicant proposes should apply to that area; and
(c)
include an assessment of the significant benefits that the planning consent and change to plan provisions would provide to the provision of any of the following in the district:
(i)
housing:
(ii)
employment:
(iii)
infrastructure.
Assessment of environmental effects
6 Information required in assessment of environmental effects
(1)
Information included in an assessment of environmental effects under clause 2(3)—
(a)
need only address a matter to the extent that the information is relevant to the provisions of a land use plan or proposed land use plan or national rule; and
(b)
must include detail proportionate to the scale and significance of the matter.
(2)
Subject to subclause (1), an assessment of the activity’s effects on the built environment must include the following information:
(a)
if it is likely that the activity will result in any significant adverse effect on the built environment, a description of any possible alternative locations or methods for undertaking the activity:
(b)
an assessment of the actual or potential effect on the built environment of the activity:
(c)
if the activity includes the use of hazardous installations, an assessment of any risks to the environment that are likely to arise from such use:
(d)
a description of how any adverse effects on the built environment will be—
(i)
avoided, minimised, or remedied, where practicable:
(ii)
offset or compensated for, where appropriate:
(e)
identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted:
(f)
if the scale and significance of the activity’s effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved:
(g)
if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group).
(3)
To avoid doubt, subclause (2)(e) obliges an applicant to identify persons affected by the proposal, but does not—
(a)
oblige the applicant to consult any person; or
(b)
create any ground for expecting that the applicant will consult any person.
Schedule 7 Further provisions relating to subdivision and reclamation
s 181
Contents
Key definitions relating to subdivision
1 Interpretation
In this schedule, unless the context otherwise requires,—
allotment has the meaning given in clause 3
certificate of approval,—
(a)
in relation to a survey plan, means a certificate of approval issued by a territorial authority under clause 18; and
(b)
in relation to a reclamation plan, means a certificate of approval issued by a regional council under clause 72
company lease—
(a)
means a lease or licence or other right of occupation of any building or part of any building on, or to be erected on, any land—
(i)
that is granted by a company owning an estate or interest in the land; and
(ii)
that is held by a person by virtue of being a shareholder in the company; and
(b)
includes a licence within the meaning of section 122 of the Land Transfer Act 2017
completion certificate means a certificate issued under clause 26
consent notice means a notice issued under clause 27
cross lease means a lease of any building or part of any building on, or to be erected on, any land—
(a)
that is granted by any owner of the land; and
(b)
that is held by a person who has an estate or interest in an undivided share in the land
deposit, in relation to a survey plan or reclamation plan,—
(a)
means a deposit by the Registrar-General of Land under the Land Transfer Act 2017; and
(b)
includes approval by the Surveyor-General under clause 23(3) (which clause 23(4)(a) deems to be a deposit by the Registrar-General of Land)
deposit requirement,—
(a)
in relation to a survey plan, means a requirement specified in this schedule as a deposit requirement for the purposes of clause 23 (see clause 24); and
(b)
in relation to a reclamation plan, means a requirement specified in this schedule as a deposit requirement for the purposes of clause 73 (see clause 74)
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 clause 33; or
(ii)
a reserve vested in the Crown or a regional council under clause 49; and
(b)
that is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in clause 39
esplanade strip means a strip of land created by the registration of an instrument in accordance with clause 45 for a purpose or purposes set out in clause 39
Surveyor-General has the meaning given in section 5 of the Cadastral Survey Act 2002.
2 Meaning of subdivision of land
(1)
In this schedule, subdivision of land means—
(a)
the division of an allotment by any of the following:
(i)
an application to the Registrar-General of Land for the issue of a separate record of title for any part of the allotment:
(ii)
the disposition, by way of sale or offer for sale, of the fee simple to part of the allotment:
(iii)
a lease of part of the allotment that, including renewals, is or could be for a term of more than 35 years:
(iv)
the grant of a company lease or cross lease in respect of any part of the allotment:
(v)
the deposit of a unit plan:
(vi)
an application to the Registrar-General of Land for the issue of a separate record of title for any part of a unit on a unit plan; or
(b)
an application to the Registrar-General of Land for the issue of a separate record of title in any case where the issue of that record of title is restricted by clause 31(2).
(2)
The term subdivide land has a corresponding meaning.
Compare: 1991 No 69 s 218(1); 2023 No 46 s 574
3 Meaning of allotment
(1)
In this schedule, allotment means any of the following:
(a)
a parcel of land under the Land Transfer Act 2017 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not—
(i)
the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
(ii)
a subdivision consent for the subdivision shown on the survey plan has been granted under this Act:
(b)
a parcel of land, or a building or part of a building, that is shown or identified separately—
(i)
on a survey plan; or
(ii)
on a licence within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017:
(c)
a unit on a unit plan:
(d)
any parcel of land that is not subject to the Land Transfer Act 2017.
(2)
For the purposes of this clause,—
(a)
if an allotment is being or has been subdivided from any land, the balance of that land is deemed to be an allotment; and
(b)
if part of a single allotment is physically separated from any other part of the allotment by a road or in any other manner, the allotment must be treated as a continuous area of land unless the division of the allotment into those parts has been allowed—
(i)
by a subdivision consent granted under this Act; or
(ii)
by a subdivision approval under any former enactment that relates to the subdivision of land.
(3)
In subclause (2)(b), single allotment means—
(a)
an allotment that is subject to the Land Transfer Act 2017 and comprised in 1 record of title or for which 1 record of title could be issued under that Act; or
(b)
an allotment that is not subject to that Act and was acquired by its owner under 1 instrument of conveyance.
Compare: 1991 No 69 s 218(2)–(4); 2023 No 46 s 575
4 Meaning of survey plan
(1)
In this schedule, survey plan—
(a)
means a survey dataset—
(i)
of a division of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 2017; or
(ii)
of a division of land by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017:
(b)
includes—
(i)
a unit plan; and
(ii)
a cadastral survey dataset to give effect to the grant of a cross lease or company lease.
(2)
In this clause, cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002.
Compare: 1991 No 69 s 2(1); 2023 No 46 s 576
Part 1 Further provisions relating to conditions of subdivision consents
5 Purpose of this Part
This Part—
(a)
sets out the consent conditions and related provisions that are specific to subdivision consents; but
(b)
does not prevent a consent authority from including any other condition in a subdivision consent that is authorised by or under this Act.
Compare: 2023 No 46 s 620
Conditions about certain matters
6 Condition requiring protection against natural hazards
A subdivision consent may include a condition requiring that provision be made, to the satisfaction of the consent authority, for either or both of the following purposes:
(a)
to protect land that forms part of the subdivision against natural hazards, or any risks of natural hazards, from any source:
(b)
to protect any other land against natural hazards, or any risks of natural hazards, that arise, or are likely to arise, as a result of the subdivision.
Compare: 1991 No 69 s 220(1)(d); 2023 No 46 s 630
7 Conditions about structures, filling, and compaction
A subdivision consent may include a condition imposing 1 or more of the following requirements:
(a)
a requirement that sets the bulk, height, location, foundations, or height of floor levels of any structure on an allotment:
(b)
a requirement that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority.
Compare: 1991 No 69 s 220(1)(c), (e); 2023 No 46 s 631
8 Conditions about vesting of land in coastal marine area or bed or lake or river
A subdivision consent may include a condition requiring that land in the coastal marine area, or the bed of a lake or river, be vested in a territorial authority in accordance with clause 22.
Compare: 1991 No 69 s 220(1)(ab); 2023 No 46 s 631
Conditions about esplanade reserves and esplanade strips
9 Conditions about esplanade reserves and esplanade strips
A subdivision consent may include 1 or more of the following conditions:
(a)
for the purposes of clause 40 (new esplanade reserves and esplanade strips required when land is subdivided),—
(i)
a condition that waives the requirement for an esplanade reserve or esplanade strip under that clause:
(ii)
a condition that reduces the width of the reserve or strip that is required under that clause:
(b)
for the purposes of clause 42 (esplanade reserves required to supplement land previously set aside or reserved),—
(i)
a condition that requires an additional esplanade reserve to be set aside in accordance with that clause:
(ii)
a condition that reduces the width of the additional reserve that is required under that clause:
(c)
if an esplanade strip is required, a condition that specifies what must be included in the instrument that creates the strip (see clause 53).
Compare: 1991 No 69 s 220(1)(a), (aa), (ac); 2023 No 46 s 621
Conditions about easements
10 Condition requiring easement to be granted or reserved
(1)
A subdivision consent may include a condition that requires a specified easement to be granted or reserved.
(2)
After the easement is granted or reserved, it must not, except with the written consent of the territorial authority,—
(a)
be surrendered by the owner of the benefited land or, if it is an easement in gross, by the grantee of the easement; or
(b)
be merged by transfer to the owner of the benefited land or the burdened land; or
(c)
be varied.
(3)
Subclause (4) applies—
(a)
to any allotment that is benefited land or burdened land under the easement; and
(b)
to any instrument of transfer, conveyance, lease, or other disposition of that allotment.
(4)
The Registrar-General of Land must refuse to register the instrument unless they are satisfied that the easement has been granted or reserved or will be granted or reserved by the time that the instrument is registered.
(5)
The Registrar-General of Land must note on any relevant records of title a memorial that the easement is subject to the provisions of this clause.
Compare: 1991 No 69 ss 220(1)(f), 243(a), (c), (d); 2023 No 46 s 622
11 Condition requiring easement to be extinguished
A subdivision consent may include a condition that—
(a)
applies to an existing easement for which the land is the dominant tenement, but which the territorial authority considers to be redundant; and
(b)
requires that the easement be extinguished entirely or in relation to 1 or more specified allotments.
Compare: 1991 No 69 s 220(1)(g); 2023 No 46 s 623
Conditions about amalgamation of land
12 Requirement to consult Registrar-General of Land before imposing condition about amalgamation
(1)
Before granting a subdivision consent that includes a condition described in any of clauses 13 to 15, the consent authority must consult the Registrar-General of Land about the practicality of the condition.
(2)
If the Registrar-General of Land advises that it is not practical to impose a particular condition, the consent authority—
(a)
must not grant a subdivision consent subject to that condition; but
(b)
may, if it thinks fit, grant a subdivision consent that is subject to any other condition described in those clauses that the Registrar-General of Land advises is practical in the circumstances.
Compare: 1991 No 69 s 220(3); 2023 No 46 s 625
13 Conditions with requirements for amalgamation
(1)
A condition described in this clause may be imposed in respect of—
(a)
any part or parts of land being subdivided:
(b)
any other adjoining land of the subdividing owner.
(2)
A subdivision consent may include a condition requiring that specified land be—
(a)
transferred to the owner of any other adjoining land and amalgamated with that land or part of that land; or
(b)
amalgamated, where the specified parts are adjoining; or
(c)
amalgamated, whether the specified parts are adjoining or not, for any purpose that is—
(i)
specified in a land use plan; or
(ii)
necessary to comply with the land use plan; or
(d)
held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotments in the subdivision.
(3)
A condition requiring that land be amalgamated must also include—
(a)
a condition described in clause 14 that the land be held in 1 record of title; or
(b)
a condition described in clause 15 that the land be subject to a covenant restricting a disposal of allotments by any means.
(4)
For the purposes of this clause, adjoining land includes land that is separated from other land only by a road, railway, drain, water race, river, or stream.
Compare: 1991 No 69 s 220(1)(b), (2); 2023 No 46 s 626
14 Condition requiring that amalgamated land be held in 1 record of title
(1)
A subdivision consent may, to comply with clause 13(3), include a condition requiring that the amalgamated land be held in 1 record of title.
(2)
When the condition, or a similar one under a corresponding provision of any former enactment, has been complied with,—
(a)
the separate parcels of land included in the record of title in accordance with the condition must not be capable of being disposed of individually, or of again being held under separate records of title, except with the approval of the territorial authority; and
(b)
on the issue of the record of title, the Registrar-General of Land must enter on the record of title a memorandum that the land is subject to this clause.
(3)
The territorial authority may cancel the condition, in whole or in part,—
(a)
whether it was included under clause 13(3) or a corresponding provision of any former enactment; and
(b)
at any time before or after the survey plan has been deposited.
(4)
If the territorial authority cancels the condition after it approves the survey plan under clause 17, it must forward to the Registrar-General of Land a certificate to the effect that the condition has been cancelled in whole or in part.
(5)
If the territorial authority cancels the condition, it must,—
(a)
if it has not yet approved the survey plan under clause 17, note the cancellation on the survey plan; and
(b)
in any other case, forward to the Registrar-General of Land a certificate to the effect that the condition has been cancelled in whole or in part.
(6)
The certificate referred to in subclause (5)(b) must be signed by the chief executive or other authorised officer of the territorial authority.
(7)
The Registrar-General of Land must note the records accordingly.
(8)
See clause 19(5) and (6), which sets out what is required if the territorial authority cancels the condition before it approves the survey plan.
Compare: 1991 No 69 s 241(2)–(4); 2023 No 46 s 627
15 Condition requiring covenant against transfer of allotments
(1)
A subdivision consent may, to comply with clause 13(3), include a condition requiring that the amalgamated land be made subject to a covenant against the disposal of allotments by any means.
(2)
A covenant against the disposal of allotments is a covenant that any specified part or parts of the land must not, without the consent of the territorial authority, be disposed of except in conjunction with other land.
(3)
The covenant—
(a)
must be in writing; and
(b)
must be signed by the owner of the land and the chief executive or other authorised officer of the territorial authority; and
(c)
must be treated—
(i)
as an instrument capable of registration under the Land Transfer Act 2017 that, when registered, creates in favour of the territorial authority an interest in the land in respect of which it is registered, within the meaning of section 51 of that Act; and
(ii)
as if it runs with the land and binds subsequent owners.
(4)
The territorial authority may cancel the covenant, in whole or in part,—
(a)
whether it was required by a condition included under clause 13(3) or a corresponding provision of any former enactment; and
(b)
at any time, whether before or after the survey plan is deposited.
(5)
If the territorial authority cancels the covenant after it approves the survey plan under clause 17, it must forward to the Registrar-General of Land a certificate to the effect that the covenant has been cancelled in whole or in part.
(6)
The certificate must be signed by the chief executive or other authorised officer of the territorial authority.
(7)
The Registrar-General of Land must note the records accordingly.
(8)
See clause 19(5) and (6), which sets out what is required if the territorial authority cancels the covenant before it approves the survey plan.
Compare: 1991 No 69 s 240(3)–(5); 2023 No 46 s 628
16 Prior registered instruments protected
(1)
This clause applies if—
(a)
either—
(i)
specified land is amalgamated in 1 record of title with other land in accordance with a condition imposed under clause 14; or
(ii)
a covenant against transfer of allotments is registered over land in accordance with a condition imposed under clause 15 to the effect that specified land must not be disposed of except in conjunction with other land; and
(b)
that other land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
(c)
that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of clause 13 or 15.
(2)
The specified land must be treated as if it were, and had always been, part of the other land that is subject to that instrument.
(3)
All rights and obligations in respect of, or encumbrances on, that other land are deemed also to be rights and obligations in respect of, or encumbrances on, the specified land.
(4)
If the instrument referred to in subclause (1)(b) is a mortgage, charge, or lien, it must be treated as having priority over any mortgage, charge, or lien against the specified land that is registered after, as the case may be,—
(a)
the issue of the record of title in accordance with clause 14; or
(b)
the registration of the covenant in accordance with clause 15.
(5)
If subclause (2), (3), or (4) applies, the Registrar-General of Land must enter, on all the records of title for the land, a memorial to the effect that the land in that title is subject to subclause (4).
(6)
If a memorial has been entered on a record of title under this clause, and the Registrar-General of Land is notified about a cancellation of all or part of a condition or covenant to which this clause applies, the Registrar-General of Land must alter the memorial accordingly.
Compare: 1991 No 69 s 242; 2023 No 46 s 629
Part 2 Approving and depositing survey plan for subdivision
Subpart 1—Approval of survey plan by territorial authority
How survey plans for subdivisions are approved
17 Requirements for approval of survey plans
(1)
A person subdividing land may submit a survey plan for a subdivision of land to a territorial authority for its approval if—
(a)
a subdivision consent has been obtained for the subdivision, and that consent has not lapsed; or
(b)
a certificate of compliance has been obtained for that subdivision, and that certificate has not lapsed.
(2)
Within 10 working days after receiving the survey plan, the territorial authority must—
(a)
approve the survey plan if satisfied that—
(i)
the survey plan conforms with the subdivision consent or certificate of compliance; and
(ii)
any applicable requirements in clause 19, 20, or 22 are met; or
(b)
decline the survey plan and notify the owner of that decision and the reasons for it.
Compare: 1991 No 69 s 223(1), (1A), (2); 2023 No 46 s 577, 578
18 Certificate of approval by territorial authority
(1)
If a territorial authority approves a survey plan under clause 17, the chief executive or an authorised officer of the territorial authority (the responsible person) must issue a certificate of approval.
(2)
The certificate of approval is conclusive evidence that all roads, private roads, reserves, land vested in the territorial authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974.
(3)
The certificate of approval must include the following information:
(a)
a statement that the territorial authority has approved the survey plan; and
(b)
the date of approval; and
(c)
the name of the responsible person; and
(d)
the link between the certificate of approval and the survey plan; and
(e)
if applicable,—
(i)
conditions requiring easements to be granted or reserved (see clause 10):
(ii)
conditions requiring amalgamated land to be held in 1 record of title:
(iii)
a requirement to show esplanade reserves and esplanade strips on a survey plan.
(4)
The certificate of approval must be lodged with the Registrar-General of Land before the survey plan is deposited.
(5)
The certificate of approval does not affect any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision.
(6)
Subclause (4) is a deposit requirement for the purposes of clause 23.
(7)
In this clause, private road and private way have the meanings given in section 315 of the Local Government Act 1974.
Compare: 1991 No 69 ss 223(3)–(6), 224(c); 2023 No 46 s 579
19 Approval requirements relating to conditions of subdivision consent
(1)
This clause applies to a survey plan for a subdivision of land, but only if a subdivision consent is obtained for that subdivision.
(2)
If the consent includes a condition described in clause 10 (condition requiring easement to be granted or reserved), a memorandum must be included in the survey plan that shows, in respect of the easements required by the condition,—
(a)
which is the benefited land and which is the burdened land; or
(b)
in the case of an easement in gross, the name of the proposed grantee and which is the burdened land.
(3)
If the consent includes a condition described in clause 14 (condition requiring amalgamated land to be held in 1 record of title), the condition must be specified in the survey plan.
(4)
If the consent includes a condition described in clause 15 (condition requiring covenant against transfer of allotments for amalgamated land),—
(a)
the owner of the land must enter into the covenant required by that condition; and
(b)
a certificate to that effect must be included in the survey plan by the territorial authority.
Compare: 1991 No 69 ss 221(1), 240(1), (5)(a), 241(1), (4)(a), 243(b), (f)(i); 2023 No 46 s 580
20 Approval if esplanade reserve or esplanade strip required
(1)
Subject to clause 21, a territorial authority must not approve a survey plan unless any esplanade reserve or esplanade strip required under this schedule is shown on the survey plan.
(2)
Despite anything in the Land Transfer Act 2017,—
(a)
an esplanade strip must not be required to be surveyed; but
(b)
if an esplanade strip is shown on a survey plan, it must be clearly identified in any way the Surveyor-General considers appropriate.
Compare: 1991 No 69 s 237(1)–(3); 2023 No 46 s 581
21 If separate survey plan approved
(1)
This clause applies if—
(a)
an esplanade reserve or esplanade strip is required under this schedule for a subdivision to be effected by—
(i)
the grant of a cross lease or company lease; or
(ii)
the deposit of a unit plan; and
(b)
it is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under clause 17 (the primary survey plan).
(2)
A territorial authority must not approve a primary survey plan until a separate survey plan (a secondary survey plan) showing the esplanade reserve or esplanade strip has been prepared and submitted to the territorial authority for approval under this clause.
(3)
If a territorial authority approves a secondary survey plan under this clause, a memorandum to that effect must be endorsed on both the primary survey plan and the secondary survey plan.
(4)
The secondary survey plan must be deposited before, or at the same time as, the primary survey plan.
(5)
Subject to this clause, nothing in section 3.4 or this schedule applies to a secondary survey plan approved by a territorial authority under this clause.
(6)
Subclause (2) is a deposit requirement for the purposes of clause 23.
Compare: 1991 No 69 s 237(4), (5); 2023 No 46 s 582
22 Requirements if subdivided land includes river bed or lake bed or is in coastal marine area
(1)
This clause applies to a survey plan for a subdivision of land if any part of an allotment created by the subdivision—
(a)
is within the coastal marine area; or
(b)
is within the bed of a river or lake.
(2)
The survey plan must show the land described in subclause (1)(a) as part of the common marine and coastal area.
(3)
The survey plan must show as vesting in the territorial authority any part of the land described in subclause (1)(b) that—
(a)
adjoins an esplanade reserve that the survey plan shows as vesting in the territorial authority; or
(b)
is required to be vested in the territorial authority as a condition of a subdivision consent.
Compare: 1991 No 69 s 237A; 2023 No 46 s 583
Subpart 2—Depositing survey plans
How survey plans for subdivisions are deposited
23 Depositing survey plans for subdivisions
(1)
After a territorial authority approves the survey plan for a subdivision of land under clause 17, the person subdividing the land may provide the approved survey plan—
(a)
to the Registrar-General of Land for deposit, if the land is subject to the Land Transfer Act 2017; or
(b)
to the Surveyor-General for approval, if the land is not subject to the Land Transfer Act 2017 and is being subdivided by or on behalf of a Minister of the Crown.
(2)
The Registrar-General of Land must, after receiving a survey plan provided to them under this clause,—
(a)
deposit the survey plan, but only if the deposit requirements are satisfied; or
(b)
if any of the deposit requirements are not satisfied, decline to deposit the survey plan and notify the owner of that decision and the reasons for it.
(3)
The Surveyor-General must, after receiving a survey plan provided under this clause,—
(a)
approve the survey plan, but only if the deposit requirements are satisfied; or
(b)
if any of the deposit requirements are not satisfied, decline to approve the survey plan and notify the owner of that decision and the reasons for it.
(4)
If the Surveyor-General approves a survey plan for a subdivision of land under this clause,—
(a)
the approval is to be treated as, and has the same legal effect as, the deposit of a survey plan by the Registrar-General of Land; and
(b)
the land becomes subject to the Land Transfer Act 2017.
Compare: 1991 No 69 ss 224, 228(1)(a), (2); 2023 No 46 s 584
Deposit requirements
24 Deposit requirements for the purposes of clause 23
(1)
A survey plan for a subdivision may be deposited no later than 3 years after it is approved by the territorial authority under clause 17.
(2)
A survey plan that is a unit plan must comply with the requirements of the Unit Titles Act 2010 that relate to the deposit of a unit plan.
(3)
Subclauses (1) and (2) are deposit requirements for the purposes of clause 23.
(4)
See also the following clauses, which set deposit requirements for the purposes of clause 23:
(a)
clause 18(6) (certificate of approval by territorial authority):
(b)
clause 21(4) (if separate survey plan approved):
(c)
clause 25(3) (requirement for certificate that consent conditions are complied with):
(d)
clause 28(3) (requirement for consent if land will vest in territorial authority or the Crown):
(e)
clause 29(2) (requirement for certificate that building code requirements are complied with):
(f)
clause 30(5) (requirements where conditions are imposed relating to amalgamated land):
(g)
clause 45(3) (how esplanade strips are created).
Compare: 1991 No 69 s 224(c), (e), (h); 2023 No 46 ss 585, 586
25 Requirement for certificate that consent conditions are complied with
(1)
This clause applies to a survey plan for a subdivision of land, but only if there is a subdivision consent for that subdivision.
(2)
A certificate that consent conditions are complied with must be lodged with the Registrar-General of Land.
(3)
Subclause (2) is a deposit requirement for the purposes of clause 23.
(4)
A territorial authority may issue a certificate that consent conditions are complied with only if it is satisfied that,—
(a)
for any condition of the subdivision consent that has not been complied with,—
(i)
a completion certificate has been issued under clause 26; or
(ii)
a consent notice has been issued under clause 27; or
(iii)
a financial assurance in the form of bond has been entered into by the person subdividing the land in compliance with a condition of a subdivision consent imposed under section 151(1)(c); and
(b)
all other conditions of the subdivision consent have been complied with.
(5)
The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this clause.
Compare: 1991 No 69 s 224(c); 2023 No 46 s 587
26 Completion certificate
(1)
This clause applies if compliance with a condition of a subdivision consent depends on the completion by the owner of any work required by the territorial authority.
(2)
The territorial authority may, for the purposes of clause 25(4), issue a certificate (a completion certificate) to the effect that the owner has entered into a financial assurance in the form of a bond binding the owner to carry out and complete the work—
(a)
to the satisfaction of the territorial authority; and
(b)
within the period specified by the territorial authority (the specified completion period).
(3)
The territorial authority may from time to time extend the specified completion period, but the extension does not affect any security given for the performance of the bond.
(4)
The territorial authority may exercise all of the powers conferred upon a consent authority by clause 3 of Schedule 8 as if the bond entered into under this clause were a condition of a subdivision consent.
(5)
The provisions of clause 4 of Schedule 8 apply as if the bond entered into under this clause were a condition of a subdivision consent.
(6)
In this clause, work—
(a)
includes anything, whether in the nature of works or otherwise, required by the territorial authority to be done by the owner as a condition of a subdivision consent; but
(b)
does not include contributions of money or land (including esplanade reserves and esplanade strips) as a condition of a subdivision consent.
Compare: 1991 No 69 s 222; 2023 No 46 s 632
27 Consent notice for subdivision consent with ongoing requirements
(1)
This clause applies if a subdivision consent includes an ongoing requirement.
(2)
The consent authority must issue a consent notice that—
(a)
specifies the ongoing requirements; and
(b)
is signed by a person authorised by the territorial authority to sign notices of ongoing requirements; and
(c)
is to be lodged with the Registrar-General of Land before the survey plan for the subdivision is deposited; and
(d)
is to be treated as an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered under that Act accordingly; and
(e)
is to be treated as a covenant running with the land when registered under the Land Transfer Act 2017 and must, despite anything to the contrary in section 103 of that Act, bind all subsequent owners of the land.
(3)
Subclause (4) applies if, after a survey plan has been deposited under clause 23, it is found that the notice of ongoing requirements was defective in respect of the requirements to apply to the subdivision.
(4)
The Registrar-General of Land may accept and register a revised notice of ongoing requirements, if that is necessary to correctly reflect the requirement of the subdivision consent.
(5)
For the purposes of this clause and clause 35, ongoing requirement—
(a)
means any condition imposing a requirement that the subdividing owner and subsequent owners must comply with on a continuing basis after the deposit of a survey plan; but
(b)
does not include a condition imposing a requirement in respect of which—
(i)
a bond is required to be entered into by the subdividing owner; or
(ii)
a completion certificate is capable of being, or has been, issued.
Compare: 1991 No 69 s 221; 2023 No 46 s 633
28 Requirement for written consent if land will vest in territorial authority or the Crown
(1)
This clause applies to a survey plan for a subdivision only if land shown on the survey plan will vest in the Crown or a territorial authority.
(2)
Written consent to the subdivision must be given by the following persons:
(a)
in the case of land subject to the Land Transfer Act 2017, every registered owner of an interest in the land, including any encumbrance; or
(b)
in the case of land not subject to that Act, every person who has an interest in the land, including any encumbrance, as evidenced by an instrument registered under the Deeds Registration Act 1908.
(3)
Subclause (2) is a deposit requirement for the purposes of clause 23.
Compare: 1991 No 69 s 224(b); 2023 No 46 s 588
29 Requirement for certificate that building code requirements are complied with
(1)
This clause applies to a survey plan, but only if it is for a subdivision of land that is to be effected by—
(a)
the grant of a cross lease or company lease; or
(b)
the deposit of a unit plan.
(2)
A certificate must be lodged with the Registrar-General of Land certifying, for every building or part of a building (even if under construction) to which the cross lease, company lease, or unit plan relates, that they comply, or will comply, with the provisions of the building code described in section 116A of the Building Act 2004.
(3)
Subclause (2) is a deposit requirement for the purposes of clause 23.
(4)
The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this clause.
Compare: 1991 No 69 s 224(f); 2023 No 46 s 589
30 Requirements where conditions are imposed relating to amalgamated land
(1)
This clause applies to a survey plan for a subdivision of land, but only if the subdivision is authorised by a subdivision consent.
(2)
If the consent includes a condition described in clause 14 (condition requiring amalgamated land to be held in 1 record of title), the Registrar-General of Land must be satisfied that the land will be held in 1 record of title.
(3)
Subclause (4) applies if—
(a)
the consent includes a condition described in clause 15 (condition requiring covenant against transfer of allotments for amalgamated land); and
(b)
a certificate to the effect that the covenant has been entered into is included in the survey plan (as required by clause 19(4)).
(4)
The covenant entered into must be lodged with the Registrar-General of Land for registration.
(5)
Subclauses (2) and (4) are deposit requirements for the purposes of clause 23.
Compare: 1991 No 69 ss 240(2), 241(1)(b), (c); 2023 No 46 s 590
Effect of deposit of survey plans for subdivisions
31 When records of title may be issued
(1)
The Registrar-General of Land may, under the Land Transfer Act 2017, issue a record of title for any land that is shown as a separate allotment on a survey plan (being a record of title issued to give effect to the subdivision of land shown on that survey plan).
(2)
However, the Registrar-General of Land must not issue the record of title unless they are satisfied that—
(a)
the survey plan has been deposited under clause 23(2); or
(b)
the survey plan has been approved by the Surveyor-General under clause 23(3); or
(c)
the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that—
(i)
the allotment is in accordance with the requirements of the land use plan and a proposed land use plan (if there is one) for the area to which the survey plan relates; or
(ii)
if there is no land use plan for the area to which the survey plan relates, the allotment is in accordance with a proposed land use plan for the area.
(3)
Subclause (4) applies if—
(a)
land that is not subject to the Land Transfer Act 2017 is subdivided by or on behalf of a Minister of the Crown; and
(b)
the survey plan to which the subdivision relates is deposited by way of the Surveyor-General approving the survey plan (see clause 23(4)(a)).
(4)
Either of the following may ask the Registrar-General of Land to issue a record of title for the land in the name of His Majesty the King:
(a)
the Director-General of Conservation, if the land is a conservation area (as defined in section 2(1) of the Conservation Act 1987), a reserve under the Reserves Act 1977, a national park under the National Parks Act 1980, or a wildlife sanctuary or wildlife refuge under the Wildlife Act 1953; or
(b)
the Surveyor-General, or another officer authorised in writing by the Surveyor-General, in every other case.
(5)
In the case of land to which subclause (4) applies, the Registrar-General of Land must not issue a record of title for land shown on separate allotments on an approved survey plan unless the requirements of clause 23 are complied with.
Compare: 1991 No 69 ss 226(1), 228(1)(b), (2); 2023 No 46 s 591
32 Vesting of roads
(1)
This clause applies if—
(a)
a survey plan for a subdivision is deposited in accordance with this subpart; and
(b)
any land on the survey plan is shown as road to be vested in a local authority or the Crown.
(2)
When the plan is deposited, the land shown as road vests as follows:
(a)
a regional road vests in the territorial authority or regional council, as required by the relevant subdivision consent:
(b)
a road declared as a government road under any Act vests in the Crown:
(c)
a State highway vests in the Crown or the territorial authority, as the case may be:
(d)
any other road vests in the territorial authority.
(3)
Land vests under this clause free from all interests in land including any encumbrances (without the necessity of any instrument of release or discharge or otherwise).
(4)
In this clause, State highway has the same meaning as in section 5 of the Land Transport Management Act 2003.
Compare: 1991 No 69 s 238; 2023 No 46 s 592
33 Vesting of reserves or other land
(1)
This clause applies if—
(a)
a survey plan for a subdivision is deposited in accordance with this subpart; and
(b)
the plan—
(i)
shows any land to be vested in the territorial authority or the Crown as a reserve or in lieu of reserves; or
(ii)
shows any land, or any part of the bed of a river (not being part of the coastal marine area) or bed of a lake, as land to be vested in the territorial authority or the Crown.
(2)
When the plan is deposited,—
(a)
any land that is shown as a reserve to be vested in the territorial authority or the Crown vests in the territorial authority or the Crown for the purposes shown on the survey plan and subject to the Reserves Act 1977; and
(b)
any land that is shown as land to be vested in the territorial authority or in the Crown in lieu of reserves vests in the territorial authority or in the Crown; and
(c)
any land, or any part of the bed of a river (not being part of the coastal marine area) or bed of a lake, that is shown as land to be vested in the territorial authority or the Crown vests in the territorial authority or the Crown.
(3)
Land vests under subclause (2)—
(a)
subject to any specified interest in the land that the territorial authority has certified, on the survey plan, must remain with the land; and
(b)
otherwise free from all interests in land, including any encumbrances (without the necessity of any instrument of release or discharge or otherwise).
(4)
Any land vested in the Crown vests under the Land Act 1948 unless this Act provides otherwise.
Compare: 1991 No 69 s 239; 2023 No 46 s 593
34 Land shown on survey plan as coastal marine area becomes part of common marine and coastal area
(1)
This clause applies if—
(a)
a survey plan for a subdivision is deposited in accordance with this subpart; and
(b)
any land is shown on the survey plan as land in the coastal marine area.
(2)
When the plan is deposited, the land becomes part of the common marine and coastal area.
Compare: 1991 No 69 s 237A; 2023 No 46 s 594
Other provisions
35 Variation or cancellation of consent notice
(1)
This clause applies if a consent notice is issued under clause 27 with ongoing requirements.
(2)
At any time after the related survey plan is deposited by the Registrar-General of Land,—
(a)
the current owner of the subdivided land may apply to a territorial authority to vary or cancel any requirement specified in the notice; and
(b)
the territorial authority may, whether or not an application is made under paragraph (a), review any requirement specified in a notice of ongoing requirements and vary or cancel the requirement.
(3)
Sections 109 to 148 and 158(3) to 163 apply, with the necessary modifications, to an application made, or review conducted, under subclause (2).
(4)
Subclause (5) applies if—
(a)
the notice of ongoing requirements is registered under the Land Transfer Act 2017; and
(b)
the Registrar-General of Land is satisfied that a requirement specified in the notice—
(i)
has been varied or cancelled after an application is made or a review is conducted under this clause; or
(ii)
has expired.
(5)
The Registrar-General of Land must make an entry in the register, and on any relevant instrument of title, noting that the notice of ongoing requirements has been varied or cancelled or has expired (as applicable).
(6)
The requirement in the notice of ongoing requirements then takes effect as varied, or ceases to have effect, as the case may be.
Compare: 1991 No 69 s 221(3), (5); 2023 No 46 s 634
36 Agreement to sell land or building before deposit of survey plan
(1)
This clause applies if—
(a)
there is an agreement to sell any land, building, or part of a building that constitutes a subdivision of land; and
(b)
the agreement is made before the survey plan for the subdivision is approved under clause 17.
(2)
The agreement is not illegal or void by reason only that it was entered into before the survey plan is deposited.
(3)
The agreement must be treated as if it were made subject to the following conditions:
(a)
the purchaser may, by notice in writing to the vendor, cancel the agreement at any time before the expiry of 14 days after the date the agreement is made:
(b)
the purchaser may, at any time after the applicable date, by notice in writing to the vendor, rescind the contract if the vendor—
(i)
has not made reasonable progress towards submitting a survey plan to the territorial authority for its approval; or
(ii)
has not complied with the deposit requirements within a reasonable time after the date on which the survey plan is approved by the territorial authority.
(4)
An agreement may be rescinded under subclause (3)(b) even if the parties cannot be restored to the position that they were in immediately before the agreement was made.
(5)
However, if an agreement is rescinded and the parties cannot be restored to their pre-agreement position, the rights and obligations of each party must, in the absence of agreement between the parties, be the rights and obligations determined by a court of competent jurisdiction.
(6)
In subclause (3)(b), applicable date means the later of—
(a)
the date that is 5 years after the date on which the subdivision consent was granted; and
(b)
the date that is 1 year after the date of the agreement.
Compare: 1991 No 69 s 225; 2023 No 46 s 601
37 Revocation of conditions about easements
(1)
This clause applies if a subdivision consent includes a condition described in—
(a)
clause 10 (condition requiring easement to be granted or reserved); or
(b)
clause 11 (condition requiring easement to be extinguished).
(2)
The territorial authority may at any time, whether before or after the survey plan is deposited or approved by the Surveyor-General under clause 23, revoke the condition in whole or in part.
(3)
If the territorial authority revokes the condition, then,—
(a)
if the survey plan is awaiting approval by the Surveyor-General under clause 23(3), a memorandum of the revocation must be endorsed on the survey plan or a notice of the revocation must be forwarded by the territorial authority to the Surveyor-General; and
(b)
in any other case, the territorial authority must forward to the Registrar-General of Land a certificate to the effect that the condition has been revoked in whole or in part.
(4)
The certificate referred to in subclause (3)(b) must be signed by the chief executive or other authorised officer of the territorial authority.
(5)
The Registrar-General of Land must note the records accordingly.
Compare: 1991 No 69 s 243(e), (f); 2023 No 46 s 624
Part 3 Esplanade reserves, esplanade strips, and access strips
38 Meaning of relevant land
In this Part, relevant land,—
(a)
in relation to an instrument that creates an esplanade strip, means the land over which the esplanade strip is created; and
(b)
in relation to an easement for an access strip, means the land over which the access strip is created.
Compare: 2023 No 46 Schedule 11 cl 1
Subpart 1—Esplanade reserves and esplanade strips
39 Purposes of esplanade reserves and esplanade strips
An esplanade reserve or an esplanade strip has 1 or more of the following purposes:
(a)
to contribute to the protection of conservation values by, in particular,—
(i)
maintaining or enhancing the natural functioning of the adjacent sea, river, or lake:
(ii)
maintaining or enhancing water quality:
(iii)
maintaining or enhancing aquatic or riparian habitats:
(iv)
protecting the natural values associated with the esplanade reserve or esplanade strip:
(b)
to mitigate or reduce natural hazards or any risks of natural hazards:
(c)
to enable public access to or along the sea, a river, or a lake:
(d)
to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values.
Compare: 1991 No 69 s 229; 2023 No 46 s 609
Requirements to create esplanade reserves and esplanade strips when land is subdivided or reclaimed
40 New esplanade reserves and esplanade strips required when land is subdivided
(1)
This clause applies if, when land is subdivided under this Act, any allotment is created that—
(a)
is adjacent to the sea or a lake; or
(b)
is adjacent to a river or has a river flowing through it.
Reserves and strips required
(2)
If the allotment is less than 4 hectares in area, an esplanade reserve must be set aside from it under clause 44 unless—
(a)
a rule in a land use plan provides otherwise; or
(b)
a subdivision consent waives the requirement for the reserve.
(3)
If the allotment is 4 hectares or more in area,—
(a)
an esplanade reserve must be set aside from it under clause 44, but only if—
(i)
a rule in a land use plan requires the reserve to be set aside; and
(ii)
the requirement is not waived by a subdivision consent; and
(b)
an esplanade strip must be created under clause 45, but only if—
(i)
a rule in a land use plan requires the strip to be created; and
(ii)
the requirement is not waived by a subdivision consent.
(4)
For the purposes of subclauses (2) and (3), the size of an allotment (that is, whether it is less than, equal to, or more than 4 hectares in area) must be determined before any esplanade reserve is set side from it under this clause.
(5)
The registered owner of the allotment may be entitled to compensation (see clauses 63 and 64).
Location and width
(6)
A reserve or strip required by this clause must be set aside from the allotment (in the case of a reserve) or created (in the case of a strip) along the bank of the river, margin of the lake, or mark of mean high-water springs of the sea.
(7)
A reserve or strip required by this clause must be,—
(a)
if required for an allotment of less than 4 hectares,—
(i)
the width that is required by a rule in a land use plan; or
(ii)
if there is no such requirement, 20 metres in width; or
(b)
if required for an allotment of 4 hectares or more, the width that is required by a rule in a land use plan; or
(c)
in either case, any lesser width that is specified as a condition of the subdivision consent.
Interpretation
(8)
In this clause,—
lake means a lake whose bed has an area of 8 hectares or more
river means a river whose bed has an average width of 3 metres or more where the river flows through or adjoins an allotment.
Compare: 1991 No 69 s 230; 2023 No 46 s 611
41 Esplanade reserves required to supplement land previously set aside or reserved
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
any of the land is adjacent to esplanade land that was previously set aside or reserved; and
(b)
in relation to any allotment created by the subdivision, the width of the land previously set aside or reserved is less than the required width.
Reserves required
(2)
An esplanade reserve must be set aside from the allotment under clause 44, but only if—
(a)
a condition of the subdivision consent requires it; or
(b)
a rule in a land use plan requires it.
(3)
The registered owner of the allotment may be entitled to compensation (see clauses 63 and 64).
Location and width
(4)
A reserve required by this clause—
(a)
must be set aside from the allotment where it adjoins the esplanade land previously set aside or reserved; and
(b)
must be the width that is the difference between the width of the land previously set aside and the required width.
Interpretation
(5)
In this clause,—
esplanade land means any land that is alongside the bank of a river, margin of a lake, or mark of mean high-water springs of the sea
previously set aside or reserved, in relation to esplanade land, means land that—
(a)
has been set aside as an esplanade reserve under the Resource Management Act 1991 or any earlier legislation replaced by that Act; or
(b)
has been reserved—
(i)
for the purpose specified in section 289 of the Local Government Act 1974; or
(ii)
for public purposes under section 29(1) of the Counties Amendment Act 1961 or section 11 of the Land Subdivision in Counties Act 1946; or
(c)
has been set aside or reserved for public recreation purposes under any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or
(d)
has been reserved from sale or other disposition under—
(i)
section 24 of the Conservation Act 1987; or
(ii)
section 58 of the Land Act 1948; or
(iii)
the corresponding provisions of any former Act
required width, in relation to the esplanade reserve required for an allotment, means the width of the esplanade reserve or strip that would be required to be set aside from the allotment under clause 40, if no esplanade land had been previously set aside from it.
(6)
For the purposes of the definition of required width in subclause (5), clause 40 must be read as if it required the size of the allotment to be determined—
(a)
without including any esplanade land previously set aside or reserved from the allotment; but
(b)
before any additional esplanade reserve is set aside from it under this clause.
Compare: 1991 No 69 s 236; 2023 No 46 s 612
42 New esplanade reserves and esplanade strips required when land is reclaimed
(1)
This clause applies if, when land is reclaimed in accordance with a natural resource permit under the Natural Environment Act 2025, any allotment is created that—
(a)
is adjacent to the sea or a lake; or
(b)
is adjacent to a river or has a river flowing through it.
(2)
An esplanade reserve must be set aside from the allotment under clause 44, or an esplanade strip created under clause 45, but only if it is required as a condition of the natural resource permit for the reclamation.
Compare: 2023 No 46 s 613
Agreements to create esplanade strips and access strips
43 Esplanade strips created by agreement
A local authority may agree with the registered owner of land to create an esplanade strip under clause 45 for any of the purposes specified in clause 39.
Compare: 1991 No 69 ss 235, 237B(1); 2023 No 46 s 614
How esplanade reserves are set aside and esplanade strips are created
44 How esplanade reserves are set aside
(1)
This clause applies if,—
(a)
clause 40 or 41 requires an esplanade reserve to be set aside from an allotment when land is subdivided under this Act; or
(b)
clause 42 requires an esplanade reserve to be set aside from an allotment when land is reclaimed under the Natural Environment Act 2025.
(2)
After a survey plan for the subdivision, or reclamation plan for the reclamation, is deposited under this Act, the land that the plan identifies as an esplanade reserve—
(a)
is set aside and held under the Reserves Act 1977 as a local purpose reserve for esplanade purposes; and
(b)
vests in the territorial authority under clause 33.
(3)
For the purposes of the Reserves Act 1977, the territorial authority is the reserve’s administering body.
(4)
Nothing in this subpart prevents the change of classification or purpose of an esplanade reserve in accordance with the Reserves Act 1977 or the exercise of any other power under that Act.
Compare: 1991 No 69 s 231; 2023 No 46 s 616
45 How esplanade strips are created
(1)
An esplanade strip is created by the registration under the Land Transfer Act 2017 of an instrument that complies with clauses 46 and 47.
(2)
If an esplanade strip is required by this subpart, the instrument must be lodged with the Registrar-General of Land before the survey plan for the subdivision is deposited.
(3)
Subclause (2) is a deposit requirement for the purposes of clauses 23 and 73.
Compare: 1991 No 69 s 232(1); 2023 No 46 s 617
Registration requirements for instruments creating esplanade strips
46 Registration requirements for instrument that creates esplanade strip
(1)
The Registrar-General of Land must not register an instrument to create an esplanade strip unless the requirements of subclause (2) or (3) are satisfied.
(2)
If the esplanade strip is required by clause 40, 41, or 42 when land is subdivided or reclaimed, the strip identified in the instrument must be the same as that shown on the survey plan approved by the territorial authority (for subdivisions) or regional council (for reclamations).
(3)
If the esplanade strip is created by agreement (see clause 43),—
(a)
every person who has a registered interest in the relevant land must consent to the strip; and
(b)
that consent must be provided on a consent form approved under the Land Transfer Act 2017 and attached to the relevant instrument.
Compare: 2023 No 46 Schedule 11 cl 2
47 Requirements for instrument that creates esplanade strip
(1)
An instrument to create an esplanade strip must,—
(a)
for registration purposes, be in the form approved by the Registrar-General of Land; and
(b)
for the purpose of recording the rights and interests attaching to the esplanade strip, be in the prescribed form.
(2)
The instrument must also—
(a)
be created in favour of the local authority; and
(b)
be executed by the local authority and the owner of the subdivided land (the parties); and
(c)
create an interest in land, and may be registered under the Land Transfer Act 2017; and
(d)
when registered with the Registrar-General of Land, run with and bind the land that is subject to the instrument; and
(e)
bind every mortgagee or other person who has an interest in the land, without that person’s consent; and
(f)
contain any provisions required by the following clauses:
(i)
clause 56 (provisions prohibiting certain actions):
(ii)
clause 57 (provisions relating to access for esplanade strip created for access purposes or access strips):
(iii)
clause 58 (provisions relating to access for esplanade strips created for recreational purposes); and
(g)
provide for any modifications or exclusions decided under subclause (4).
(3)
The decisions under subclause (4) must be made—
(a)
by the territorial authority, if the esplanade strip is required by clause 40, 41, or 42; or
(b)
by agreement between the local authority and the owner of the relevant land, if the esplanade strip is created by agreement (see clause 43).
(4)
The decisions are as follows:
(a)
which provisions in the following clauses (if any) to modify (including by imposing conditions) or to exclude from the instrument:
(i)
clause 59 (provisions prohibiting certain other actions):
(ii)
clause 60 (provisions relating to fencing):
(iii)
clause 61 (provisions relating to closure):
(iv)
clause 62 (provisions relating to access for esplanade strips created for conservation values), if that clause applies:
(b)
whether it is appropriate for the instrument to provide for any other matters.
(5)
When making the decisions, the relevant persons must consider—
(a)
any relevant rules in the land use plan; and
(b)
the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
(c)
the purpose or purposes of the strip, including the needs of potential users of the strip; and
(d)
the use of the strip and adjoining land by the owner and occupier; and
(e)
the use of the river, lake, or coastal marine area within or adjacent to the strip; and
(f)
the management of any reserve in the vicinity.
Compare: 1991 No 69 s 232; 2023 No 46 Schedule 11 cls 4, 5
Closure of esplanade strip to public
48 Closure of esplanade strip to public
(1)
An esplanade strip may be closed to the public—
(a)
for the times and periods specified in the relevant instrument; or
(b)
by the local authority during periods of emergency or public risk that are likely to cause loss of life, injury, or serious damage to property.
(2)
The local authority must ensure, where practicable, that the closure is adequately notified (including notification to the public that it is an offence to enter the strip during the period of closure) by signs erected at all entry points to the strip.
(3)
However, subclause (2) does not apply if the instrument provides that another person is responsible for that notification.
Compare: 1991 No 69 s 237C; 2023 No 46 s 618
Vesting in Crown or regional council
49 Vesting of esplanade reserve or bed of river or lake in the Crown or regional council
(1)
The Minister of Conservation or a regional council may declare that all or any part of an esplanade reserve, or the bed of any river or lake,—
(a)
will cease to be vested in and administered by the territorial authority; and
(b)
will vest instead in the Crown or the regional council.
(2)
The declaration—
(a)
is made by notice in the Gazette; and
(b)
may be made only with the agreement of the territorial authority; and
(c)
must be registered in the office of the Registrar-General of Land.
(3)
Any esplanade reserve vested under this clause may be included in an existing reserve.
(4)
If subclause (3) does not apply, the reserve has the classification specified in the declaration and must be administered under the Reserves Act 1977 in accordance with that classification.
(5)
Subclause (1) applies despite anything to the contrary in the Reserves Act 1977.
Compare: 1991 No 69 s 237D; 2023 No 46 s 619
Subpart 2—Access strips
50 Purpose of access strip
(1)
The purpose of an access strip is to allow public access—
(a)
to or along a river or lake or the coast; or
(b)
to an esplanade reserve, esplanade strip, or other reserve; or
(c)
to land that is owned by the local authority or by the Crown.
(2)
However, subclause (1)(c) does not include any land that is held for a public work, unless it is held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act.
Compare: 1991 No 69 s 2(1); 2023 No 46 s 610
Agreement to create access strip
51 Access strips created by agreement
A local authority may agree with the registered owner of land—
(a)
to acquire an easement over the land to create an access strip under clause 52 for a purpose specified in clause 50; and
(b)
on the conditions on which the easement may be enjoyed.
Compare: 1991 No 69 s 237B(1); 2023 No 46 s 615
How access strips are created
52 Access strip created by registration of easement
(1)
An access strip is created by the registration under the Land Transfer Act 2017 of an easement that complies with the requirements of clause 53.
(2)
The easement cannot be registered unless—
(a)
every person who has a registered interest in the relevant land has consented to creating the access strip; and
(b)
that consent is provided on a form of consent approved under the Land Transfer Act 2017 and attached to the relevant instrument.
Compare: 1991 No 69 s 237B(5), (7); 2023 No 46 Schedule 11 cl 6
53 Requirements for easement that creates access strip
(1)
An easement to create an access strip must,—
(a)
for registration purposes, be in the form approved by the Registrar-General of Land; and
(b)
for the purpose of recording the rights and interests attaching to the esplanade strip, be in the prescribed form.
(2)
The instrument creating an access strip must also—
(a)
be executed by the local authority and the registered owner of the relevant land (the parties); and
(b)
contain any provisions required by the following clauses:
(i)
clause 56 (provisions prohibiting certain actions):
(ii)
clause 57 (provisions relating to access for esplanade strip created for access purposes or access strips); and
(c)
provide for modifications or exclusions agreed by the parties under subclause (3) and (4).
(3)
The parties must decide—
(a)
which provisions in the following clauses (if any) to modify (including by imposing conditions) or to exclude from the easement:
(i)
clause 59 (provisions prohibiting certain other actions):
(ii)
clause 60 (provisions relating to fencing):
(iii)
clause 61 (provisions relating to closure); and
(b)
whether it is appropriate for the easement to provide for any other matters.
(4)
When making those decisions, the parties must consider—
(a)
any relevant rules in the land use plan; and
(b)
the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
(c)
the purpose of the strip, including the needs of potential users of the strip; and
(d)
the use of the strip and adjoining land by the owner and occupier; and
(e)
where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and
(f)
the management of any reserve in the vicinity.
Compare: 1991 No 69 s 237B(2)–(4); 2023 No 46 Schedule 11 cls 7, 8
54 How easement to create access strip is varied or cancelled
(1)
The local authority and the registered owner may, by agreement, vary or cancel an easement that creates an access strip.
(2)
The parties must take into account—
(a)
clause 53(3) and (4); and
(b)
any change of circumstances.
(3)
When all the appeals (if any) are finally determined, the local authority must lodge a certificate with the Registrar-General of Land for registration under the Land Transfer Act 2017.
(4)
The certificate must—
(a)
be signed by the chief executive or other authorised officer of the local authority; and
(b)
specify the variations to the easement or that the easement is cancelled.
(5)
The Registrar-General of Land must make an appropriate entry in the register and on the easement noting that the instrument has been varied or cancelled, and the easement has effect as varied or ceases to have any effect, as applicable.
Compare: 1991 No 69 ss 234(7)–(8), 237B(7)–(8); 2023 No 46 Schedule 11 cl 9
Closure of access strip to public
55 Closure of access strip to public
(1)
An access strip may be closed to the public—
(a)
for the times and periods specified in the relevant easement; or
(b)
by the local authority during periods of emergency or public risk that are likely to cause loss of life, injury, or serious damage to property.
(2)
The local authority must ensure, where practicable, that the closure is adequately notified (including notification to the public that it is an offence to enter the strip during the period of closure) by signs erected at all entry points to the strip.
(3)
However, subclause (2) does not apply if the easement provides that another person is responsible for that notification.
Compare: 1991 No 69 s 237C; 2023 No 46 s 618
Subpart 3—Provisions in instrument to create esplanade strip or easement to create access strip
Provisions that must be included in instruments and easements
56 Provisions prohibiting certain actions
An instrument that creates an esplanade strip or easement that creates an access strip must specify that the following acts are prohibited on the relevant land:
(a)
any act that wilfully endangers, disturbs, or annoys any lawful user (including the land owner or occupier) of the relevant land:
(b)
any act, by a person other than the owner or occupier of the relevant land, that—
(i)
wilfully damages or interferes with any structure that is on or adjoins the relevant land, including any building, fence, gate, stile, marker, bridge, or notice:
(ii)
wilfully interferes with or disturbs any livestock lawfully permitted on the relevant land.
Compare: 1991 No 69 Schedule 10 cl 1; 2023 No 46 Schedule 11 cl 11
57 Provisions relating to access for esplanade strip created for access purposes or access strips
An instrument that creates an esplanade strip for access purposes or recreational purposes, or an easement that creates an access strip, must specify—
(a)
that any person has the right, at any time, to pass and repass over and along the relevant land; and
(b)
that the right of access is subject to other provisions of the instrument or easement.
Compare: 1991 No 69 Schedule 10 cl 5; 2023 No 46 Schedule 11 cl 14, 17
58 Provisions relating to access for esplanade strips created for recreational purposes
An instrument that creates an esplanade strip for public recreational use must specify—
(a)
that any person has the right, at any time, to enter on the relevant land and remain on that land for any period of time for the purpose of recreation; but
(b)
that the right of access is subject to other provisions of the instrument.
Compare: 1991 No 69 Schedule 10 cl 6; 2023 No 46 Schedule 11 cl 17
Provisions that may be included in instruments and easements by agreement
59 Provisions prohibiting certain other actions
An instrument that creates an esplanade strip or easement that creates an access strip may include prohibitions on 1 or more of the following:
(a)
lighting any fire:
(b)
carrying any firearm:
(c)
discharging or shooting any firearm:
(d)
camping:
(e)
taking any animal onto, or having charge of any animal on, the relevant land:
(f)
taking any vehicle onto, or driving or having charge or control of any vehicle on, the relevant land (whether the vehicle is motorised or non-motorised):
(g)
wilfully damaging or removing any plant (unless acting in accordance with the Biosecurity Act 1993):
(h)
laying any poison or setting any snare or trap (unless acting in accordance with the Biosecurity Act 1993).
Compare: 1991 No 69 Schedule 10 cl 2; 2023 No 46 Schedule 11 cl 12
60 Provisions relating to fencing
An instrument that creates an esplanade strip or easement that creates an access strip may include any fencing requirements, including—
(a)
a requirement about a gate or stile:
(b)
a requirement to reposition or remove any fence.
Compare: 1991 No 69 Schedule 10 cl 3; 2023 No 46 Schedule 11 cl 13
61 Provisions relating to closure
An instrument that creates an esplanade strip or easement that creates an access strip may specify—
(a)
that the relevant land may be closed to the public for any specified period, including particular times and dates; and
(b)
who must notify the public, by signs erected at all entry points to the relevant land and any other means agreed, that the relevant land is closed to the public as a result of closure periods specified in the instrument or easement.
Compare: 1991 No 69 Schedule 10 cl 7; 2023 No 46 Schedule 11 cl 15
62 Provisions relating to access for esplanade strips created for conservation values
An instrument that creates an esplanade strip for the protection of conservation values may specify—
(a)
a limited right of access, in that—
(i)
no person other than the owner or occupier of the relevant land may enter or remain on that land; or
(ii)
only specified persons may enter or remain on the relevant land; and
(b)
that the right of access is subject to other provisions of the instrument.
Compare: 1991 No 69 Schedule 10 cl 4; 2023 No 46 Schedule 11 cl 16
Part 4 Compensation
63 Compensation when esplanade reserve taken from allotment of less than 4 hectares
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
an allotment of less than 4 hectares is created; and
(b)
clause 40 or 41 requires an esplanade reserve to be set aside from that allotment.
(2)
The registered owner of the allotment—
(a)
is not entitled to compensation for any of the reserve that is within 20 metres of the mark of mean high-water springs of the sea, the bank of a river, or the margin of a lake; but
(b)
if the reserve is wider than 20 metres, is entitled to compensation for the area of land taken for the reserve.
(3)
The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise.
Compare: 1991 No 69 s 237E; 2023 No 46 s 595
64 Compensation when esplanade reserve or strip taken from allotment of 4 hectares or more
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
an allotment of 4 hectares or more is created; and
(b)
clause 40 or 41 requires, for that allotment, an esplanade reserve to be set aside or an esplanade strip to be created.
(2)
The registered owner of the allotment is entitled to compensation for—
(a)
the area of the esplanade reserve taken; or
(b)
the interest in land taken for the esplanade strip.
(3)
The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise.
Compare: 1991 No 69 s 237F; 2023 No 46 s 596
65 Compensation when bed of river or bed of lake vests in territorial authority or Crown
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
any part of an allotment that is within the bed of a river or lake vests in the territorial authority or the Crown (see clause 33); and
(b)
that part adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more that is created by the subdivision.
(2)
The territorial authority or the Crown, as the case may be, must pay compensation to the registered owner of that allotment, unless the registered owner agrees otherwise.
Compare: 1991 No 69 s 237G(1)(a), (2); 2023 No 46 s 597
66 Compensation when land becomes part of common marine and coastal area
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
any part of an allotment is in the coastal marine area; and
(b)
clause 34 requires that part to become part of the common marine and coastal area; and
(c)
that part adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more that is created by the subdivision.
(2)
The Crown must pay compensation to the registered owner of the allotment, unless the registered owner agrees otherwise.
Compare: 1991 No 69 s 237G(1)(b), (3); 2023 No 46 s 598
67 Amount of compensation
(1)
For the purposes of clause 63 to 66, the amount of compensation must be equal to—
(a)
the value of the land set aside (in the case of an esplanade reserve) or the interest in land created (in the case of an esplanade strip); and
(b)
any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan.
(2)
If the territorial authority or the Crown cannot agree with the registered owner on the amount of the compensation that is payable, that amount must be determined by a registered valuer who is—
(a)
agreed on by the parties; or
(b)
if the parties cannot agree, nominated by the president of the New Zealand Institute of Valuers (as constituted under the Valuers Act 1948).
(3)
The valuer must provide a copy of their valuation to all parties.
(4)
If a party is dissatisfied with the determination, they may object to the determination under clause 68.
Compare: 1991 No 69 s 237H(1), (4); 2023 No 46 s 599
68 How to object to determinations of amount of compensation
(1)
Any objection to a valuer’s determination under clause 67(2)—
(a)
must be made to the registered valuer within 20 working days after the determination is provided; and
(b)
must state the grounds of objection; and
(c)
must be in writing.
(2)
Sections 34 to 36 and 38 of the Rating Valuations Act 1998 (and any regulations made under that Act relating to reviews and objections), as far as they are applicable and with all necessary modifications, apply to the objection as if—
(a)
the registered valuer were appointed by a territorial authority to review the objection; and
(b)
the review were made under section 34 of that Act; and
(c)
the references to a territorial authority in sections 34(4), 35, and 36 of that Act were references to the registered valuer.
Compare: 1991 No 69 s 237H(2), (3); 2023 No 46 s 600
Part 5 Reclamation
69 Requirement for approval and deposit of reclamation plans after reclamation
(1)
This clause applies to any person who is granted a natural resource permit for a reclamation under the Natural Environment Act 2025.
(2)
As soon as is reasonably practicable after completing the reclamation, the person must—
(a)
prepare a plan of survey in respect of the land that has been reclaimed (the reclamation plan); and
(b)
submit the plan to the relevant regional council (as permit authority under the Natural Environment Act 2025) for its approval.
Compare: 1991 No 69 s 245(1); 2023 No 46 s 602
Approval of reclamation plans
70 Regional council may approve reclamation plans
After receiving a reclamation plan under clause 69, a regional council must,—
(a)
if it is satisfied, approve the plan and issue a certificate of approval; or
(b)
if any of the requirements in clause 71 are not met, decline the reclamation plan and notify that decision and the reasons for it to the person who submitted the plan.
Compare: 1991 No 69 s 245; 2023 No 46 s 603
71 Requirements for reclamation plans
(1)
The requirements for a reclamation plan are as follows:
(a)
the reclamation must conform with the natural environment plan; and
(b)
the reclamation and the reclamation plan must conform with the natural resource permit; and
(c)
in respect of any condition of the natural resource permit that has not been complied with,—
(i)
a bond must have been given under section 169(1)(c) of the Natural Environment Act 2025; or
(ii)
a covenant must have been entered into under section 169(1)(e) of that Act; and
(d)
the reclamation plan must comply with subclause (2).
(2)
The reclamation plan—
(a)
must be prepared in accordance with regulations made under the Cadastral Survey Act 2002; and
(b)
must show and define—
(i)
the area reclaimed, including its location and the position of all new boundaries; and
(ii)
the location and size of any area that clause 42 requires to be set aside as an esplanade reserve or created as an esplanade strip.
Compare: 1991 No 69 s 245(2), (4); 2023 No 46 s 604
72 Certificate of approval by regional council
(1)
This clause applies if a regional council approves a reclamation plan under clause 70.
(2)
The chief executive of the regional council must issue a certificate of approval.
(3)
The certificate is issued—
(a)
by the chief executive signing the reclamation plan or a copy of the reclamation plan; or
(b)
by any other means that—
(i)
identifies the chief executive and links the certificate to the reclamation plan; and
(ii)
is as reliable as is appropriate for the purposes of this clause.
(4)
The certificate must include the following information:
(a)
a statement that the regional council has approved the reclamation plan; and
(b)
the date of approval; and
(c)
a statement that the reclamation conforms with—
(i)
the natural environment plan; and
(ii)
the natural resource permit for the reclamation; and
(d)
a statement that, for any condition of the natural resource permit that has not been complied with,—
(i)
a bond has been given under section 169(1)(c) of the Natural Environment Act 2025; or
(ii)
a covenant has been entered into under section 169(1)(e) of that Act.
(5)
The regional council must provide the reclamation plan and certificate to the relevant territorial authority.
(6)
The certificate must be lodged with the Registrar-General of Land before the reclamation plan is deposited.
(7)
Subclause (6) is a deposit requirement for the purposes of clause 73.
Compare: 1991 No 69 s 245(5), (6); 2023 No 46 s 605
How reclamation plans are deposited
73 How reclamation plans are deposited by Registrar-General of Land
(1)
As soon as is reasonably practicable after a regional council approves the reclamation plan for a reclamation of land under clause 70, the holder of the natural resource permit for the reclamation must provide the approved reclamation plan to the Registrar-General of Land for deposit.
(2)
The Registrar-General of Land must, after receiving a reclamation plan provided under this clause,—
(a)
if the deposit requirements for the purposes of this clause are satisfied, deposit the plan; or
(b)
if any of the deposit requirements for the purposes of this clause are not satisfied, decline to deposit the plan and notify the natural resource permit holder of that decision and the reasons for it.
(3)
However, a reclamation plan must not be deposited under the Land Transfer Act 2017 unless—
(a)
the relevant regional council has approved the plan within the previous 3 years; and
(b)
a copy of the certificate issued under clause 72(2) is lodged with the Registrar-General of Land.
Compare: 1991 No 69 s 246(1), (2); 2023 No 46 s 606
74 Deposit requirements for reclamation plans
The following clauses set deposit requirements for the purposes of clause 73:
(a)
clause 45(3) (how esplanade strips are created):
(b)
clause 72(7) (certificate of approval by regional council).
Compare: 1991 No 69 s 246(1), (2); 2023 No 46 s 607
75 Effect of deposit of reclamation plans
(1)
When a reclamation plan is deposited, any land shown on the plan as an esplanade reserve—
(a)
vests in the Crown; and
(b)
is classified, for the purposes described in clause 39, as a local purpose reserve that is subject to section 23 of the Reserves Act 1977.
(2)
This clause prevails over section 167 of the Land Act 1948.
Compare: 1991 No 69 s 246(3), (4); 2023 No 46 s 608
Schedule 8 Enforcement matters
s 271
Contents
1 Application and interpretation of terms
(1)
This schedule sets out further provisions that apply to matters relating to enforcement under this Act and the Natural Environment Act 2025.
(2)
When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
(3)
When this schedule is applied for the purposes of the Natural Environment Act 2025, unless the context otherwise requires,—
(a)
a term used in this schedule that is defined in section 3 of the Natural Environment Act has the meaning given in section 3 of that Act:
(b)
a reference to this Act must be read as reference to the Natural Environment Act 2025:
(c)
a reference to a planning consent must be read as a reference to a natural environment permit except in clause 5:
(d)
a reference to a consent authority must be read a reference to a permit authority.
Financial assurances
2 Local authority, consent authority, or EPA may require financial assurance
(1)
A local authority, a consent authority, or the EPA may require a person undertaking a particular activity to provide a financial assurance.
(2)
A consent authority may include a condition in a planning consent that requires a person undertaking a particular activity to provide a financial assurance.
(3)
The purpose of a financial assurance is to provide security for the costs and expenses of remediation or clean-up in connection with a particular activity.
(4)
If the local authority, the consent authority, or the EPA requires a person to provide a financial assurance, the local authority, the consent authority, or the EPA must notify the person in writing of the form and amount of the financial assurance.
(5)
If a person is given notice under subclause (4), the person must provide the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 674
3 Form of financial assurance
(1)
A local authority, a consent authority, or the EPA may require a financial assurance to be provided—
(a)
as a bond; or
(b)
as a form of insurance; or
(c)
in any other form specified by the local authority, the consent authority, or the EPA.
(2)
Clauses 4 and 5 apply in relation to bonds under this clause.
Compare: 2023 No 46 s 675
4 Bonds
(1)
A bond may be given for the performance of any 1 or more conditions the local authority, the consent authority, or the EPA considers appropriate and may continue after the expiry of the planning consent or other permission to secure the ongoing performance of conditions relating to long-term effects, including—
(a)
a condition relating to the alteration or removal of structures:
(b)
a condition relating to remedial, restoration, or maintenance work:
(c)
a condition providing for ongoing monitoring of long-term effects.
(2)
A condition describing the terms of the bond to be entered into may—
(a)
require that the bond be given before the planning consent or permission is exercised or at any other time:
(b)
require that clause 5 apply to the bond:
(c)
provide that the liability of the holder of the planning consent or permission be not limited to the amount of the bond:
(d)
require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent or permission:
(e)
require the holder of the planning consent or permission to provide any security that the local authority, the consent authority, or the EPA thinks fit for the performance of any condition of the bond:
(f)
require the holder of the planning consent or permission to provide a guarantor (acceptable to the local authority, the consent authority, or the EPA) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
(g)
provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the local authority, the consent authority, or the EPA.
(3)
If a local authority, the consent authority, or the EPA considers that an adverse effect may continue or arise at any time after the expiration of a planning consent or permission granted by it, the local authority, the consent authority, or the EPA may require that a bond continue for a specified period that the local authority, the consent authority, or the EPA thinks fit.
Compare: 2023 No 46 s 676; 1991 No 69 s 108A
5 Special provisions in respect of bonds
(1)
A bond given under clause 4 in respect of a land use consent or subdivision consent, and any other bond to which this subclause is applied as a condition of the consent,—
(a)
is to be treated as an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered accordingly; and
(b)
when registered under the Land Transfer Act 2017, is a covenant running with the land and, despite anything to the contrary in section 103 of the Land Transfer Act 2017, binds all subsequent owners of the land.
(2)
If the registered bond is varied, cancelled, or expires, the Registrar-General of Land must make an appropriate entry in the register and on any relevant instrument of title noting that the bond has been varied or cancelled or has expired, and the bond takes effect as so varied or ceases to have any effect, as the case may be.
(3)
If the bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the local authority or the EPA may from time to time, under section 171 of the Local Government Act 2002, enter on the land where the work is required to be, is being, or has been carried out.
(4)
If the holder fails, within the period prescribed by the planning consent or other permission (or within any further period that the local authority or the EPA may allow), to complete, to the satisfaction of the local authority or the EPA, any work in respect of which any bond is given (including completion of any interim monitoring required),—
(a)
the local authority or the EPA may enter on the land and complete the work and recover the cost of the work from the holder out of any money or securities deposited with the local authority or the EPA or money paid by a guarantor, so far as the money or securities will extend; and
(b)
on completion of the work to the satisfaction of the local authority or the EPA, any money or securities remaining in the hands of the local authority or the EPA after payment of the cost of the works must be returned to the holder or the guarantor, as the case may be.
(5)
If the cost of any work done by the local authority or the EPA under subclause (4) exceeds the amount recovered by the local authority or the EPA under that subclause, the amount of that excess is a debt due to the local authority or the EPA by the holder, and becomes a charge on the land.
(6)
The provisions of this schedule continue to apply despite the entry into, or subsequent variation or cancellation of, any bond.
Compare: 2023 No 46 s 677
6 Amount of financial assurance
The local authority, the consent authority, or the EPA may determine the amount of a financial assurance, having regard to—
(a)
a reasonable estimate of the costs and expenses of remediation or clean-up activities for the particular activity; and
(b)
any method for calculating the amount of financial assurances published by the local authority, the consent authority, or the EPA; and
(c)
any independent assessment obtained by the local authority, the consent authority, or the EPA; and
(d)
any guidance issued by the chief executive of the Ministry for the Environment.
Compare: 2023 No 46 s 678
7 Independent assessment of amount of financial assurance
(1)
For the purpose of determining the amount of a financial assurance, the local authority, the consent authority, or the EPA may require a person to provide an independent assessment of a matter within a period specified by the local authority, the consent authority, or the EPA.
(2)
If the local authority, the consent authority, or the EPA requires a person to provide an independent assessment under subclause (1), the person must pay any costs associated with obtaining the independent assessment.
(3)
An independent assessment required by the local authority, the consent authority, or the EPA under subclause (1) must be conducted by a suitably qualified person.
Compare: 2023 No 46 s 679
8 Method for calculating financial assurance amount
(1)
The local authority, the consent authority, or the EPA may publish a method for calculating financial assurance amounts.
(2)
The method takes effect on the day notice is published or on any later day if specified in the notice.
(3)
The local authority, the consent authority, or the EPA must publish the method on the internet site of the local authority, the consent authority, or the EPA, as the case may be.
Compare: 2023 No 46 s 680
9 Costs associated with financial assurance
A person who is required to provide a financial assurance is responsible for all reasonable costs incurred by the local authority, the consent authority, or the EPA that are associated with—
(a)
providing the financial assurance; and
(b)
determining the form and amount of a financial assurance.
Compare: 2023 No 46 s 681
10 Local authority, consent authority, or EPA may review financial assurance
(1)
The local authority, the consent authority, or the EPA may review—
(a)
the requirement for a person to provide a financial assurance:
(b)
the amount of a financial assurance:
(c)
the form of a financial assurance.
(2)
The local authority, the consent authority, or the EPA may review a financial assurance in any case or class of cases prescribed by a national standard.
Compare: 2023 No 46 s 682
11 Local authority, consent authority, or EPA may amend financial assurance
(1)
The local authority, the consent authority, or the EPA may, subject to subclause (2), amend—
(a)
the form of a financial assurance:
(b)
the amount of a financial assurance:
(c)
the form and the amount of a financial assurance.
(2)
If following a review, the local authority, the consent authority, or the EPA proposes to amend a financial assurance, the local authority, the consent authority, or the EPA must—
(a)
notify the person who provided the financial assurance in writing; and
(b)
invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 working days after the date of notice; and
(c)
consider any submissions from the person who provided the financial assurance.
(3)
If the local authority, the consent authority, or the EPA decides to amend a financial assurance, the local authority, the consent authority, or the EPA must notify the person in writing of the decision.
(4)
On amending a financial assurance, the local authority, the consent authority, or the EPA—
(a)
may make any changes the local authority, the consent authority, or the EPA considers necessary to implement that amendment in an instrument or a document; and
(b)
despite anything to the contrary in this Act or national instruments, may make any changes the local authority, the consent authority, or the EPA considers necessary to implement the amendment in a planning consent or other permission under this Act by complying only with this clause.
(5)
If a person is given notice under subclause (3) and is required to provide a further form, amount, or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 683
12 Local authority, consent authority, or EPA may make a claim on financial assurance
(1)
This clause applies if—
(a)
the local authority, the consent authority, or the EPA determines that the person who provided a financial assurance has failed to conduct the remediation or clean-up activities required by this Act, regulations, or a national rule; or
(b)
the local authority, the consent authority, or the EPA has exercised clean-up powers in connection with the particular activity that the financial assurance was provided in relation to.
(2)
The local authority, the consent authority, or the EPA may make a claim on a financial assurance for any reasonable costs incurred, or that the local authority, the consent authority, or the EPA considers are likely to be incurred, by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities.
(3)
The local authority, the consent authority, or the EPA may make a claim on a financial assurance with respect to a power specified in subclause (1)(b) whether or not any costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities are the result of an act or omission before the financial assurance was provided.
(4)
If the local authority, the consent authority, or the EPA makes a claim under this clause and the costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities exceed the amount of the financial assurance, the local authority, the consent authority, or the EPA may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities.
(5)
If the local authority, the consent authority, or the EPA makes a claim under this clause, nothing in this schedule prevents the local authority, the consent authority, or the EPA from making a further claim for reasonable costs incurred, or that the local authority, the consent authority, or the EPA considers are likely to be incurred, in conducting clean-up or remediation activities.
(6)
Any money recovered under this clause is to be paid to the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 684
13 Procedure for claim on financial assurance in the event of person’s failure to remediate or clean up
(1)
Before the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in clause 14, the local authority, the consent authority, or the EPA must—
(a)
notify the person who provided the financial assurance in writing; and
(b)
invite the person who provided the financial assurance to make a submission on the intention of the local authority, the consent authority, or the EPA to make a claim within 20 working days of the date of the notice; and
(c)
consider any submissions made within the period specified in paragraph (b).
(2)
The local authority, the consent authority, or the EPA may proceed with the claim 10 working days after the day the local authority, the consent authority, or the EPA receives any submissions or within the period specified in subclause (1)(b), whichever occurs first.
(3)
The local authority, the consent authority, or the EPA must notify the person who provided the financial assurance of a decision under subclause (2) in writing within 5 working days after the day of the decision.
Compare: 2023 No 46 s 685
14 Procedure for claim on financial assurance in the event of immediate or serious risk
If the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in clause 12 that involves an immediate or serious risk to life or the environment, the local authority, the consent authority, or the EPA must—
(a)
notify the person who provided the financial assurance in writing within 10 working days of the date of the claim; and
(b)
give reasons for making the claim.
Compare: 2023 No 46 s 686
15 Notice to replenish financial assurance
(1)
If the local authority, the consent authority, or the EPA makes a claim on a financial assurance, the local authority, the consent authority, or the EPA may require the person who provided the financial assurance to replenish the amount of the financial assurance by giving notice in writing.
(2)
The notice must set out the amount the person is required to provide to replenish the amount of the financial assurance consequent to the claim.
(3)
The person who is given the notice must provide the amount required to replenish the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 687
16 Specified conditions for release of financial assurance
(1)
The local authority, the consent authority, or the EPA must release all or part of a financial assurance (as the case requires) in any case or class of cases prescribed by national standards.
(2)
If the local authority, the consent authority, or the EPA releases all or part of a financial assurance, the local authority, the consent authority, or the EPA must notify the person who provided the financial assurance in writing.
Compare: 2023 No 46 s 688
17 Application for release of financial assurance
(1)
A person who provides a financial assurance under this schedule may apply at any time to the local authority, the consent authority, or the EPA for the release of all or part of the financial assurance.
(2)
In considering an application under subclause (1), the local authority, the consent authority, or the EPA must—
(a)
have regard to the prescribed risk-assessment criteria (if any); and
(b)
notify the person of the decisions of the local authority, the consent authority, or the EPA within 40 working days after the date the application is received.
(3)
If, in considering an application under subclause (1), the local authority, the consent authority, or the EPA determines further information is required, the local authority, the consent authority, or the EPA may—
(a)
request the person to provide further information; and
(b)
extend the period specified in subclause (2)(b).
Compare: 2023 No 46 s 689
18 Transfer of financial assurance
(1)
The local authority, the consent authority, or the EPA may transfer a financial assurance if—
(a)
a person is required to provide a financial assurance under clause 1; and
(b)
that financial assurance may be released or partly released to the person under clause 16 or 17; and
(c)
the person is required to provide another financial assurance under clause 1.
(2)
The local authority, the consent authority, or the EPA must notify the person in writing of a decision to transfer a financial assurance.
(3)
On transferring a financial assurance, the local authority, the consent authority, or the EPA may make any changes the local authority, the consent authority, or the EPA considers necessary to implement the transfer in an instrument or document.
(4)
If a person is given notice under subclause (2) and is required to provide a further amount as a financial assurance, the person must provide the further amount of the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 690
19 Enforcement of financial assurance
(1)
A person must not refuse or fail to do any of the following within the specified period:
(a)
provide a financial assurance:
(b)
provide a further amount as a financial assurance following amendment by the local authority, the consent authority, or the EPA:
(c)
replenish the amount of a financial assurance consequent to a claim on the financial assurance.
(2)
If a person refuses or fails to fulfil a requirement specified in subclause (1) when it is due, the local authority, the consent authority, or the EPA may suspend the relevant planning consent or other permission until the person fulfils the requirement.
Compare: 2023 No 46 s 691
Adverse publicity orders
20 Adverse publicity orders
(1)
An order under this clause (an adverse publicity order) to address non-compliance with this Act may—
(a)
be made by the Environment Court in enforcement proceedings on application by the local authority or the EPA; or
(b)
be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor; or
(c)
be offered as part of an enforceable undertaking.
(2)
An adverse publicity order may require a person involved in the commission of the non-compliance to do 1 or more of the following:
(a)
take any specified action to publicise—
(i)
the non-compliance:
(ii)
any impacts on human health or the environment or other consequences arising or resulting from the non-compliance:
(iii)
if applicable, any penalties imposed, or other orders made, by the court as a result of the commission of the non-compliance:
(iv)
any specified additional information:
(b)
take any specified action to notify a specified person or class of persons of the matters listed in paragraph (a).
(3)
Any person against whom an adverse publicity order is made by the Environment Court or District Court may appeal to the High Court against the whole or any part of the order.
(4)
Notice of an appeal must be in the prescribed form and must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations; and
(c)
be lodged with the Environment Court and served on the consent holder and the local authority or the EPA within 15 working days after service of the order on the appellant.
(5)
The High Court may confirm or reverse the order appealed against or modify the order in any manner that the court thinks fit.
(6)
If any question arises as to whether non-compliance with this Act has been established, the question must be determined on the balance of probabilities.
(7)
If an appeal is lodged against an adverse publicity order, the order is stayed until the appeal is determined.
(8)
In this clause, non-compliance includes alleged non-compliance in the case of an enforceable undertaking.
Compare: 2023 No 46 s 673
Enforceable undertakings
21 Local authority or the EPA may accept enforceable undertakings
(1)
A local authority or the EPA may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act, regulations, or a national rule.
(2)
The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
Compare: 2023 No 46 s 665
22 Undertaking may include requirements as to compensation or penalties
(1)
An undertaking under clause 21 may include—
(a)
an undertaking to pay compensation to any person or otherwise take action to avoid, minimise, or remedy any actual or likely adverse effects arising from a contravention, involvement in a contravention, or possible contravention or involvement in a contravention of any provision of this Act, regulations, or a national rule:
(b)
an undertaking to pay to the local authority or the EPA an amount in compensation for the remediation of any actual or likely adverse effects arising from the contravention, involvement in a contravention, or possible contravention or involvement.
(2)
The local authority or the EPA must apply the amount collected under subclause (1)(b) to the purpose for which the amount was collected.
(3)
If an undertaking referred to in subclause (1) is given, the local authority or the EPA must give notice of that undertaking on their internet site (whether or not it gives notification of other undertakings given in relation to the same matter).
(4)
The notice under subclause (3) must include—
(a)
notice of the decision to accept an enforceable undertaking and the reasons for that decision; and
(b)
a statement of the amount of compensation to be paid or action to be taken to avoid, minimise, or remedy any actual or likely effects arising; and
(c)
the name of the person providing the undertaking; and
(d)
a brief description of the circumstances and nature of the alleged contravention to which the undertaking relates.
(5)
This clause does not limit clause 21.
Compare: 2023 No 46 s 666
23 Notice of decision and reasons for decision
The local authority or the EPA must, within 15 working days after receiving a proposed enforceable undertaking, give the person seeking to make the enforceable undertaking written notice of—
(a)
its decision to accept or reject the undertaking; and
(b)
the reasons for the decision.
Compare: 2023 No 46 s 667
24 When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the decision of the local authority or the EPA to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the local authority or the EPA.
Compare: 2023 No 46 s 668
25 Compliance with enforceable undertaking
A person must not contravene an enforceable undertaking given by that person that is in force.
Compare: 2023 No 46 s 669
26 Contravention of enforceable undertaking
(1)
The local authority or the EPA may apply to the District Court for an order if a person contravenes an enforceable undertaking.
(2)
If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
(a)
an order directing the person to comply with the undertaking:
(b)
an order discharging the undertaking.
(3)
In addition to the orders referred to in subclause (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the local authority or the EPA—
(a)
the costs of the proceedings; and
(b)
the reasonable costs of the local authority or the EPA in monitoring compliance with the enforceable undertaking in the future.
(4)
This clause does not prevent proceedings being brought for the contravention or alleged contravention of this Act, regulations, or a national rule, being a contravention or an alleged contravention to which the enforceable undertaking relates if the undertaking is not complied with.
Compare: 2023 No 46 s 670
27 Withdrawal or variation of enforceable undertaking
(1)
A person who has given an enforceable undertaking may at any time, with the written agreement of the local authority or the EPA,—
(a)
withdraw the undertaking; or
(b)
vary the undertaking.
(2)
However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act, regulations, or a national rule.
(3)
The local authority or the EPA must publish, on an internet site maintained by or on their behalf, notice of the withdrawal or variation of an enforceable undertaking.
Compare: 2023 No 46 s 671
28 Proceedings for alleged contravention
(1)
No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act, regulations, or a national rule may be brought against a person if an enforceable undertaking is in effect in relation to that contravention, unless the undertaking has not been complied with.
(2)
No proceedings may be brought for a contravention or an alleged contravention of this Act, regulations, or a national rule against a person who—
(a)
has made an enforceable undertaking in relation to that contravention; and
(b)
has completely discharged the enforceable undertaking.
(3)
The local authority or the EPA may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
(4)
If the local authority or the EPA accepts an enforceable undertaking before the proceedings are completed, the local authority or the EPA must take all reasonable steps to have the proceedings discontinued as soon as practicable.
Compare: 2023 No 46 s 672
Monetary benefit orders
29 Monetary benefit orders
(1)
The Environment Court (in any case) or the District Court (if proceedings for an offence are taken in that court) may order a person to pay an amount not exceeding the amount that the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention under this Act in relation to which the order is made.
(2)
When determining an amount that the person must pay under an order under subclause (1), the court may take into account—
(a)
the person’s financial circumstances; and
(b)
any amount submitted to the court by the local authority or the EPA under subclause (3) or the person under subclause (4).
(3)
The local authority or the EPA may submit to the court the amount the local authority or the EPA considers to be a reasonable estimate of the monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention in relation to which the order under subclause (1) is sought, as determined in accordance with—
(a)
a prescribed guideline, method, or protocol; or
(b)
any other method the local authority or the EPA considers appropriate.
(4)
The person has a right of reply to the submission of the local authority or the EPA under subclause (3).
(5)
For the purposes of subclause (1), the court may assume that an amount represents any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of an offence or contravention if—
(a)
the local authority or the EPA submits that amount to the court under subclause (3); and
(b)
the local authority or the EPA determined that amount in accordance with a prescribed guideline, method, or protocol.
(6)
Any amount received as the payment of an order made under subclause (1) must be paid to the local authority or the EPA unless otherwise directed by the court.
(7)
In this clause, monetary benefits—
(a)
means monetary, financial, or economic benefits; and
(b)
includes any monetary, financial, or economic benefit the person acquires or accrues by avoiding or delaying the person’s compliance with the provision, condition, or duty to which the person’s offence or contravention relates.
Compare: 2023 No 46 s 660
Pecuniary penalty orders
30 Pecuniary penalty order
(1)
The Environment Court, on application by a local authority or the EPA, may order a person to pay a pecuniary penalty to the Crown or any other person specified by the court if the court is satisfied that the person has contravened or permitted a contravention of this Act, regulations, or a national rule.
(2)
The court must not make the order if the person satisfies the court—
(a)
that—
(i)
the contravention was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on human health or a natural and physical resource; and
(ii)
the person’s conduct was reasonable in all the circumstances; and
(iii)
the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the contravention after it occurred; or
(b)
that the action or event to which the contravention relates was due to an event beyond the person’s control, including natural disaster, mechanical failure, or sabotage, and in each case—
(i)
the action or event could not reasonably have been foreseen or been provided against by the person; and
(ii)
the effects of the action or event were adequately mitigated or remedied by the person after it occurred; or
(c)
that the person did not know, and could not reasonably have known, of the contravention.
(3)
The standard of proof in proceedings under this clause is the standard of proof that applies in civil proceedings.
(4)
The local authority or the EPA may apply for an order of the court to obtain discovery and administer interrogatories.
Compare: 2023 No 46 s 717
31 Liability of principals and employers
(1)
Subclauses (2) and (3) apply if the person who is liable under clause 30 (person A) was acting as the agent or employee of another person (person B) at the time of the non-compliance.
(2)
Person B is liable under clause 30 in the same manner and to the same extent as if they had personally failed to comply, if it is proved—
(a)
that the act or omission that constituted the non-compliance took place with their authority, permission, or consent; or
(b)
that they knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.
(3)
The liability described in subclause (2) does not affect the liability described in subclause (1).
(4)
If the Environment Court makes an order under clause 30 against a body corporate, the court may also make an order against every director or person concerned in the management of the body corporate if it is proved—
(a)
that the act or omission that constituted the non-compliance took place with the director’s or person’s authority, permission, or consent; or
(b)
that the director or person knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.
Compare: 2023 No 46 s 718
32 Amount
(1)
In determining the appropriate amount of a pecuniary penalty under clause 30, the court must have regard to all relevant matters, including—
(a)
the nature and extent of the contravention:
(b)
the nature and extent of loss or damage caused to a person, human health, the natural environment, and natural and physical resources as a result of the contravention:
(c)
the circumstances in which the contravention took place:
(d)
whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct:
(e)
the steps taken by the person to bring the contravention to the attention of the appropriate authority:
(f)
the steps taken by the person to avoid, minimise, or remedy the effects of the contravention.
(2)
Subclauses (3) to (7) state the limits on the amounts of pecuniary penalty that the court may order.
(3)
For a natural person, the limit is $1 million.
(4)
For a body corporate,—
(a)
subclause (5) states the limit that applies if—
(i)
the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
(ii)
the commercial gain can be readily ascertained:
(b)
subclause (6) states the limit that applies if—
(i)
the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
(ii)
the commercial gain cannot be readily ascertained:
(c)
subclause (7) states the limit that applies if the court is not satisfied that the contravention occurred in the course of producing a commercial gain
(5)
For the purposes of subclause (4)(a), the limit is the greater of—
(a)
$10,000,000; and
(b)
3 times the value of the commercial gain resulting from the contravention.
(6)
For the purposes of subclause (4)(b), the limit is the greater of—
(a)
$10,000,000; and
(b)
10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) (interconnected and turnover having the meanings they have in the Commerce Act 1986).
(7)
For the purposes of subclause (4)(c), the limit is $10,000,000.
Compare: 2023 No 46 s 719
33 Other orders instead of or in addition to pecuniary penalty order
The Environment Court may, instead of or in addition to making a pecuniary penalty order, make—
(a)
an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that are caused by or on behalf of the person:
(b)
an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that relate to land owned or occupied by the person:
(c)
an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b).
Compare: 2023 No 46 s 720
34 Person not liable for fine and pecuniary penalty for same conduct
A person must not, for the same conduct,—
(a)
be convicted of an offence under this Act; and
(b)
be ordered to pay a pecuniary penalty under this Act.
Compare: 2023 No 46 s 721
Schedule 9 Environment Court
s 215
Contents
1 Interpretation
In this schedule, unless the context otherwise requires,—
ADR process means an alternative dispute resolution process (for example, mediation) designed to help to resolve a matter
clause 92 order means an order made under clause 92
Environment Court means the Environment Court continued by clause 3
extended order means a clause 92 order with the extended effect described in clause 92(2)(b)
limited order means a clause 92 order with the limited effect described in clause 92(2)(a).
2 Overview of this schedule
(1)
This schedule continues the Environment Court.
(2)
Part 1 is about the constitution of the court.
(3)
Part 2 is about the members of the court, including how they are appointed and their powers when sitting alone.
(4)
Part 3 sets out the powers of the court.
(5)
Part 4 is about court procedure.
(6)
Part 5 is about decisions and appeals.
(7)
Part 6 contains miscellaneous and general provisions.
Part 1 Constitution of Environment Court
3 Environment Court continued
(1)
There continues to be an Environment Court.
(2)
The court is the same court as the court that was continued by section 247 of the Resource Management Act 1991.
(3)
The court is a court of record.
(4)
The court has—
(a)
the jurisdiction and powers conferred on the court by or under this Act or any other Act; and
(b)
all the powers inherent in a court of record.
Compare: 1991 No 69 s 247
4 Seal
The Environment Court continues to have a seal, and the Registrar is responsible for the seal.
Compare: 1991 No 69 s 298
5 Membership of Environment Court
The Environment Court consists of—
(a)
Environment Judges appointed under clause 8; and
(b)
Environment Commissioners appointed under clause 24.
Compare: 1991 No 69 s 248
6 Environment Court sittings
(1)
The quorum for the Environment Court is—
(a)
1 Environment Judge and 1 Environment Commissioner sitting together; or
(b)
for the following purposes, 1 Environment Judge sitting alone:
(i)
to exercise any power described in clauses 15 to 18 (which set out the powers of an Environment Judge sitting alone); or
(ii)
to exercise any power conferred by the Chief Environment Court Judge under clause 19; or
(iii)
to hear any proceedings under this Act or the Natural Environment Act 2025; or
(c)
1 Environment Commissioner sitting alone to exercise any power conferred by this Act or the Natural Environment Act 2025.
(2)
When an Environment Judge sits with an Environment Commissioner or special advisor, the Environment Judge presides at the sitting.
(3)
A decision of a majority of the members of the court present at a sitting is the decision of the court.
(4)
However, if there is no majority, the decision of the presiding member is the decision of the court.
Compare: 1991 No 69 s 265
7 Constitution of Environment Court cannot be questioned
(1)
The member of the Environment Court who presides at a sitting of the court has the sole discretion to decide whether the court has been properly constituted and convened.
(2)
The exercise of discretion under this clause cannot be questioned in proceedings before the court or in another court.
Compare: 1991 No 69 s 266
Part 2 Members of Environment Court
Environment Judges and alternate Environment Judges
8 Appointment of Environment Judges and alternate Environment Judges
(1)
The Governor-General may appoint an eligible person (see clause 10) as an Environment Judge or an alternate Environment Judge.
(2)
An appointment may be made only—
(a)
on the recommendation of the Attorney-General; and
(b)
after the Attorney-General consults the Minister for the Environment and the Minister for Māori Development; and
(c)
in accordance with any requirements that apply under—
(i)
clause 9 (which restricts the number of appointments); and
(ii)
clause 10 (which sets conditions for some appointments).
Compare: 1991 No 69 s 250(1), (5)
9 Number of appointments
(1)
At any one time,—
(a)
no more than 10 Environment Judges may hold office; and
(b)
any number of alternate Environment Judges may hold office.
(2)
For the purpose of subclause (1)(a),—
(a)
an Environment Judge who is acting on a full-time basis counts as 1:
(b)
an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
(c)
the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is permitted.
Compare: 1991 No 69 s 250(3), (4)
10 Who is eligible for appointment as Environment Judge or alternate Environment Judge
Environment Judges
(1)
A person may be appointed an Environment Judge only if they are, or are eligible to be, a District Court Judge.
(2)
An appointee who is not a District Court Judge must be appointed to that office at the time of their appointment as an Environment Judge.
Alternate Environment Judges
(3)
A person may be appointed as an alternate Environment Judge only if—
(a)
they are a District Court Judge, an acting District Court Judge, a Māori Land Court Judge, or an acting Māori Land Court Judge; or
(b)
both of the following apply:
(i)
they are a retired Environment Judge under the age of 75 years; and
(ii)
the Chief Environment Court Judge certifies to the Attorney-General that the appointment is necessary for the proper conduct of the Environment Court.
(4)
However, a person eligible for appointment under subclause (3)(b)—
(a)
may be appointed as an alternate Environment Judge, but only for a term of not more than 2 years; and
(b)
may be reappointed for 1 or more terms; but
(c)
must not be appointed—
(i)
for a term that extends beyond the date on which the Judge reaches the age of 75 years; or
(ii)
for multiple terms that collectively total more than 5 years.
Compare: 1991 No 69 ss 249, 250(2B)
11 Tenure of office
(1)
An Environment Judge continues to hold that office until—
(a)
they resign or are removed from office under this Act; or
(b)
they cease to hold office as a District Court Judge.
(2)
An alternate Environment Judge continues to hold that office until—
(a)
they resign or are removed from office under this Act; or
(b)
they cease to hold an office that would make them eligible for appointment as an alternate Environment Judge (see clause 10(1) (eligibility for appointment); or
(c)
their term of appointment expires (see clause 10(4)).
Compare: 1991 No 69 s 250(2), (2B)
12 Restrictions on Judges
(1)
An Environment Judge or alternate Environment Judge must not—
(a)
practise as a lawyer; or
(b)
undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Environment Court Judge.
(2)
However, subclause (1)(b) does not apply to another office if any legislation permits or requires the office to be held by a Judge.
(3)
The Chief Environment Court Judge may approve other employment or another office, but only if they are satisfied that the other employment or office is consistent with the Judge’s judicial office.
Compare: 1991 No 69 ss 250(6), 250A; 2016 No 49 s 17
13 Protocol containing guidance on Judges’ activities
(1)
The Chief Justice must develop and publish a protocol that contains guidance on—
(a)
the employment, or types of employment, that they consider consistent with being an Environment Judge or alternate Environment Judge; and
(b)
the offices, or types of offices, that they consider consistent with being an Environment Judge or alternate Environment Judge.
(2)
The Chief Justice must consult the Chief Environment Court Judge when preparing the protocol.
Compare: 1991 No 69 s 250B; 2016 No 49 s 18
14 When alternate Environment Judge may act
(1)
An alternate Environment Judge may act as an Environment Judge when the Chief Environment Court Judge considers it necessary for them to do so.
(2)
The Chief Environment Court Judge must make their decision under subclause (1) in consultation with the Chief District Court Judge or the Chief Māori Land Court Judge.
(3)
When an alternate Environment Judge acts as an Environment Judge,—
(a)
they are a member of the Environment Court for all purposes; and
(b)
they have the jurisdiction, powers, protections, privileges, and immunities of a District Court Judge under the District Court Act 2016.
Compare: 1991 No 69 ss 250(2A), 252
Powers of Environment Judge sitting alone
15 Power to make orders and declarations generally
An Environment Judge sitting alone may make any of the following:
(a)
an order in the course of proceedings:
(b)
an order that is not opposed:
(c)
an order about any matter that the parties to the proceedings agree should be heard and decided by an Environment Judge sitting alone:
(d)
an order giving directions about service of anything:
(e)
an order in any proceedings when the matter at issue is substantially a question of law only:
(f)
an order, made on the application of a party to proceedings when the matter at issue is substantially a question of law only, directing that those proceedings should be heard and decided by an Environment Judge sitting alone:
(g)
an order, in any proceedings where questions of law and other matters are raised, directing that any proceedings should be heard and decided by 1 Environment Judge and 1 Environment Commissioner sitting together:
(h)
an order about costs:
(i)
an order to approve or decline an application for a rehearing:
(j)
an order on any appeal against a requirement to pay an administrative charge.
Compare: 1991 No 69 s 279(1)
16 Power to give waivers and directions
An Environment Judge sitting alone may waive a requirement or give a direction under clause 87.
Compare: 1991 No 69 s 279(2)(b)
17 Power to make orders protecting sensitive information
(1)
An Environment Judge sitting alone may make any of the following orders (which relate to protecting sensitive information):
(a)
on an application made for an order to protect sensitive information, an order cancelling or varying any order made by an authority or independent hearings panel under those clauses:
(b)
on an application made at any stage of proceedings before the Environment Court, an order to protect sensitive information.
(2)
The Judge may—
(a)
make an order under this clause on any terms that the Judge thinks fit; or
(b)
decline to make an order under this clause.
18 Power to strike out all or part of case
(1)
An Environment Judge sitting alone may, at any stage of proceedings, make an order that the whole or any part of a person’s case be struck out if the Judge considers—
(a)
that it is frivolous or vexatious; or
(b)
that it shows no reasonable or relevant case in respect of the proceedings; or
(c)
that it would otherwise be an abuse of the process of the Environment Court to allow the case to be taken further.
(2)
The Judge may make an order under this clause on any terms that the Judge thinks fit.
Compare: 1991 No 69 s 279(4)
19 Powers conferred by Chief Environment Court Judge
(1)
An Environment Judge sitting alone may exercise powers conferred by the Chief Environment Court Judge under this clause.
(2)
The Chief Environment Court Judge—
(a)
may confer any power of the Environment Court; and
(b)
may confer a power—
(i)
generally or in relation to a particular matter; and
(ii)
on any terms and conditions that the Chief Environment Court Judge thinks fit.
Compare: 1991 No 69 s 279(2)(a), (5)
Chief Environment Court Judge
20 Chief Environment Court Judge
(1)
The Governor-General may appoint an Environment Judge as the Chief Environment Court Judge.
(2)
The appointment may be made only on the recommendation of the Attorney-General.
(3)
The Chief Environment Court Judge—
(a)
must ensure the orderly and efficient conduct of the Environment Court’s business; and
(b)
may, for that purpose, decide which members of the court are to exercise the court’s jurisdiction in particular matters or classes of matters and in particular places and areas.
(4)
However, the Chief Environment Court Judge’s power to make decisions under subclause (3)(b)—
(a)
is subject to the provisions of this Act or any other Act; and
(b)
may be exercised only after the Chief Environment Court Judge consults Environment Judges to the extent that the Chief Environment Court Judge considers appropriate and practicable.
Compare: 1991 No 69 s 251
21 Appointment of acting Chief Environment Court Judge
(1)
This clause applies if—
(a)
the Chief Environment Court Judge is unable to perform the duties of office because of illness, absence from New Zealand, or any other reason; or
(b)
the office of the Chief Environment Court Judge is vacant.
(2)
The Governor-General may appoint another Environment Judge to act in place of the Chief Environment Court Judge until the Chief Environment Court Judge resumes the duties of that office or a successor is appointed.
(3)
While acting in place of the Chief Environment Court Judge, the acting Chief Environment Court Judge—
(a)
may perform the functions and duties of the Chief Environment Court Judge; and
(b)
may, for that purpose, exercise all the powers of the Chief Environment Court Judge.
Compare: 1991 No 69 s 251A
Environment Commissioners and Deputy Environment Commissioners
22 Appointment of Environment Commissioner or Deputy Environment Commissioner
(1)
The Governor-General may appoint a suitable person (see clause 24) as an Environment Commissioner or a Deputy Environment Commissioner.
(2)
An appointment may be made only—
(a)
on the recommendation of the Attorney-General; and
(b)
after the Attorney-General consults the Minister for the Environment and the Minister for Māori Development.
(3)
A person—
(a)
may be appointed as an Environment Commissioner or Deputy Environment Commissioner for a period not exceeding 5 years; and
(b)
may be reappointed any number of times.
Compare: 1991 No 69 s 254(1)–(2)
23 Number of appointments
At any one time, any number of Environment Commissioners or Deputy Environment Commissioners may hold office.
Compare: 1991 No 69 s 254(3)
24 Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner
(1)
This clause applies when the Attorney-General is considering whether a person is suitable to be appointed as an Environment Commissioner or Deputy Environment Commissioner.
(2)
The Attorney-General must have regard to the need to ensure that the Environment Court possesses a mix of knowledge and experience in matters coming before the court, including knowledge and experience in—
(a)
economic, commercial, and business affairs, local government, and community affairs:
(b)
planning, resource management, and heritage protection:
(c)
environmental science, including the physical and social sciences:
(d)
architecture, engineering, surveying, minerals technology, and building construction:
(e)
alternative dispute resolution processes:
(f)
matters relating to te Tiriti o Waitangi / the Treaty of Waitangi and kaupapa Māori.
Compare: 1991 No 69 s 253
25 Term of appointments
(1)
An Environment Commissioner or Deputy Environment Commissioner continues to hold that office until—
(a)
they resign or are removed from office under this Act; or
(b)
their term of appointment expires (see clause 22(3)).
(2)
Despite subclause (1)(b), an Environment Commissioner or Deputy Environment Commissioner whose term of appointment expires may, even if they are not reappointed, continue in office until their successor comes into office.
Compare: 1991 No 69 s 254(4)
26 Oath of office
(1)
A person appointed as an Environment Commissioner or a Deputy Environment Commissioner must take an oath of office that they will honestly and impartially perform the duties of the office.
(2)
The person must take the oath before they perform any duties of the office.
Compare: 1991 No 69 s 256
27 Remuneration of Environment Commissioners and Deputy Environment Commissioners
(1)
Each Environment Commissioner and Deputy Environment Commissioner—
(a)
must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
(b)
must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
(2)
Expenses may be incurred, without further appropriation than this clause, to meet the salaries, fees, or allowances determined under subclause (1)(a).
(3)
For the purposes of subclause (1)(b), the Fees and Travelling Allowances Act 1951 applies as if each Environment Commissioner and Deputy Environment Commissioner were a member of a statutory board as defined in section 2 of that Act.
Compare: 1991 No 69 s 263
28 When a Deputy Environment Commissioner may act
(1)
A Deputy Environment Commissioner may act in place of an Environment Commissioner when—
(a)
the Environment Commissioner is unavailable; or
(b)
the Chief Environment Court Judge considers it necessary that the Deputy Environment Commissioner act.
(2)
When a Deputy Environment Commissioner is acting for an Environment Commissioner, the Deputy Environment Commissioner must be considered as an Environment Commissioner of the Environment Court for all purposes.
Compare: 1991 No 69 s 255
Powers of Environment Commissioners sitting without Environment Judge
29 Powers conferred by Chief Environment Court Judge
(1)
One or more Environment Commissioners sitting without an Environment Judge may exercise powers conferred by the Chief Environment Court Judge under this clause.
(2)
The Chief Environment Court Judge—
(a)
may confer any power of the Environment Court; and
(b)
may confer a power—
(i)
generally or in relation to a particular matter; and
(ii)
on any terms and conditions that the Chief Environment Court Judge thinks fit.
(3)
The powers that may be conferred include—
(a)
the power to issue a summons to require the attendance of a witness; and
(b)
the power to convene a conference under clause 56.
Compare: 1991 No 69 s 280(1)
30 Powers conferred on Environment Commissioner by Environment Judge
(1)
One or more Environment Commissioners sitting without an Environment Judge may exercise powers conferred by an Environment Judge under this clause.
(2)
An Environment Judge may confer a power only if—
(a)
the proceedings relate to an appeal under section 154 of this Act or section 172 of the Natural Environment Act 2025(which provides a right of appeal against decision of a consent authority or permit authority about a consent or permit and its conditions); and
(b)
the power is one that clauses 15 to 18 confer on an Environment Judge sitting alone; and
(c)
the power is conferred in relation to a particular matter; and
(d)
the power is conferred after a conference is held under clause 56 in relation to that matter.
(3)
A power may be conferred on any terms and conditions that the Environment Judge thinks fit.
Compare: 1991 No 69 s 280(1AA)
31 Powers conferred by or under this Act
One or more Environment Commissioners sitting without an Environment Judge may do anything else that this Act empowers them to do.
32 Review of exercise of power by Environment Commissioners
(1)
Any party affected by the exercise of any power under clauses 29 to 31 may, within 15 working days after the exercise of that power, apply in writing to an Environment Judge for leave to make an application for a review of the exercise of that power by a fully constituted Environment Court.
(2)
If the Environment Judge grants leave, the party may, within a further 7 working days, apply in writing for a review of the exercise of that power by a fully constituted Environment Court.
(3)
The court, after reviewing the exercise of the power, may substitute or set aside the Environment Commissioner’s decision and make any further or other orders that the case requires.
Compare: 1991 No 69 s 280(2)–(4)
33 Power to take declarations or affidavits
An Environment Commissioner may take a declaration or an affidavit.
Compare: 1991 No 69 s 280(1B)
Removal and resignation of members
34 Resignation of members
An Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner may resign from office at any time by written notice to the Attorney-General.
Compare: 1991 No 69 s 257
35 Removal of members
(1)
The Governor-General may, on the advice of the Attorney-General, remove an Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner from their office on the grounds of inability or misbehaviour.
(2)
The removal of a District Court Judge from office as an Environment Judge or an alternate Environment Judge does not remove them from office as a District Court Judge.
Compare: 1991 No 69 s 258
Special advisors
36 Special advisors
(1)
The Chief Environment Court Judge may appoint, as a special advisor, a person who is able to assist the Environment Court in a proceeding before it.
(2)
A special advisor is not a member of the court but may sit with it and assist it in any way the court decides.
Compare: 1991 No 69 s 259
37 Remuneration of special advisors
(1)
Each special advisor is entitled to be paid, out of money appropriated by Parliament for the purpose,—
(a)
remuneration by way of fees, salary, or allowances; and
(b)
travelling allowances and expenses.
(2)
The Fees and Travelling Allowances Act 1951 applies to payments for the purposes of this clause as if each special advisor were a member of a statutory board as defined in section 2 of that Act.
Compare: 1991 No 69 s 263
Registrar and other officers of court
38 Registrar and other officers of court
(1)
The Environment Court—
(a)
must have a Registrar; and
(b)
may have 1 or more Deputy Registrars; and
(c)
may have other persons to assist it in an administrative capacity.
(2)
The Registrar, a Deputy Registrar, and every other person assisting the court (other than as a special advisor) must—
(a)
be appointed under the Public Service Act 2020; and
(b)
be officers of the court.
(3)
A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar, subject to the control of the Registrar.
(4)
An officer of the court may also hold another office or employment in the public service.
Compare: 1991 No 69 s 260
Powers of Registrar
39 Powers of Registrar
(1)
The Registrar may, if directed to do so by an Environment Judge, act on behalf of the Environment Court or an Environment Judge to do something that is preliminary or incidental to any proceedings, including—
(a)
issuing a summons to require the attendance of a witness; and
(b)
making an order for the production of documents; and
(c)
convening a conference under clause 56.
(2)
An order made by the Registrar under this clause, or an application granted by the Registrar under clause 87 (waivers and directions), must be treated as if it were an order of the court.
(3)
The Registrar may do anything else that this Act empowers the Registrar to do.
Compare: 1991 No 69 s 278(3)–(4)
40 Power to take declarations or affidavits
A Registrar may take a declaration or an affidavit.
Compare: 1991 No 69 s 278(5)
41 Review of exercise of power by Registrar
(1)
A person directly affected by the exercise of a power by the Registrar may apply to an Environment Judge to reconsider the matter.
(2)
The application must be by notice to the Registrar and other persons affected.
(3)
The notice must be given within 10 working days after the Registrar’s exercise of the power.
(4)
The Environment Judge may confirm, modify, or reverse the Registrar’s exercise of the power.
Compare: 1991 No 69 s 281B
Protection from legal proceedings
42 Protection from legal proceedings
(1)
No action lies against any member of the Environment Court for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.
(2)
A member of the court who is a District Court Judge has the immunities conferred by section 23 of the District Court Act 2016 (that is, the same immunities as a Judge of the High Court) in relation to all functions and duties performed by the Judge under this Act.
(3)
No action lies against the Registrar for anything the Registrar says, does, or omits to say or do while acting in good faith under any of the following clauses:
(a)
clause 39 (powers of Registrar):
(b)
clause 87(5) (waivers and directions):
(c)
clause 88 (Registrar may waive, reduce, or postpone payment of fee).
(4)
No action lies against a special advisor appointed under clause 36 for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.
Compare: 1991 No 69 s 261
Environment Court members who are ratepayers
43 Environment Court members who are ratepayers
A member of the Environment Court is not considered to have an interest in a proceeding before the court solely on the ground that the member is a ratepayer.
Compare: 1991 No 69 s 262
Part 3 Powers of Environment Court
General
44 Environment Court has powers of District Court
The Environment Court and Environment Judges have the same powers that the District Court has in the exercise of its civil jurisdiction.
Compare: 1991 No 69 s 278(1)
Appeals and inquiries
45 Powers of court for appeals and inquiries
(1)
The Environment Court has the same power, duty, and discretion, in respect of a decision that is the subject of an appeal or inquiry, as the person who made that decision.
(2)
The court may—
(a)
confirm, amend, or cancel a decision that is the subject of an appeal; or
(b)
recommend, in the case of a decision that is the subject of an inquiry, that the decision be confirmed, amended, or cancelled.
(3)
In deciding an appeal or inquiry, the Environment Court must have regard to the decision that is the subject of the appeal or inquiry.
(4)
Nothing in this clause affects any specific power or duty the court has under this Act or any other legislation.
Compare: 1991 No 69 ss 290, 290A
46 Powers of court in regard to certain appeals relating to plans
(1)
This clause applies when the Environment Court is hearing an appeal under this Act or the Natural Environment Act 2025 relating to an amendment to a plan or proposed plan—
(a)
that is required to implement a direction in a national instrument; and
(b)
that the national instrument requires to be made without undergoing a process in Schedule 3.
(2)
The court may consider only the question of law raised.
Compare: 1991 No 69 s 290AA
Plans
47 Remedying defects in plans
(1)
The Environment Court may, in any proceedings before it, direct a local authority to amend an operative plan to which the proceedings relate in order to—
(a)
remedy any mistake, defect, or uncertainty; or
(b)
give full effect to the plan.
(2)
Schedule 3 does not apply to the amendment.
Compare: 1991 No 69 s 292
48 Environment Court may order change to proposed plans
(1)
This clause applies after the Environment Court hears an appeal against, or an inquiry into, the provisions of any proposed plan that is before the court.
(2)
The court may—
(a)
direct the local authority to—
(i)
prepare changes to the proposed plan to address any matters identified by the court:
(ii)
consult the parties and other persons about the changes, as the court directs:
(iii)
submit the changes to the court for confirmation:
(b)
give other directions related to any of those matters that it considers necessary for the purposes of the appeal.
(3)
The court must state its reasons for giving a direction.
(4)
Subclause (5) applies if the court finds that a proposed plan that is before the court departs from—
(a)
a national policy direction; or
(b)
a national standard; or
(c)
a water conservation order.
(5)
The court may allow a departure to remain if it considers that it has minor significance and does not affect the general intent and purpose of the proposed plan.
(6)
In subclauses (4) and (5), departs and departure mean that a proposed plan does not give effect to—
(a)
a national policy direction:
(b)
a national standard:
(c)
a water conservation order.
Compare: 1991 No 69 s 293
49 Decisions on agreements made under Marine and Coastal Area (Takutai Moana) Act 2011 relating to protected customary rights
(1)
This clause applies to a decision made by the Environment Court on—
(a)
an appeal that relates to—
(i)
a submission made in reliance on section 83(1)(a):
(ii)
a request made in reliance on section 83(2)(a):
(b)
an application made under section 83(1)(b).
(2)
The Environment Court must decide the matters referred to in subclause (1) in accordance with the procedures set out in this Act and in any regulations made under it.
(3)
An application made must be—
(a)
made in accordance with clause 51; and
(b)
without limiting the discretion about service, served on every relevant local authority.
Compare: 1991 No 69 s 293A
Part 4 Procedure
General
50 Court procedure
(1)
Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in the way it thinks fit.
(2)
However, the court must regulate its proceedings in a way that best promotes their timely and cost-effective resolution.
(3)
Court proceedings may be conducted without procedural formality where it is consistent with fairness and efficiency.
(4)
The court must recognise tikanga Māori where appropriate.
(5)
The court may, in any proceedings or any conference under clause 57, use or allow the use of any telecommunication facility that will assist in the fair and efficient determination of the proceedings or conference.
Compare: 1991 No 69 s 269
51 Originating applications
(1)
Every originating application to the Environment Court must be made by notice of motion, except as otherwise provided in this Act or any other legislation.
(2)
The notice of motion—
(a)
must specify the order sought, the grounds on which the application is made, and the persons the notice is to be served on; and
(b)
must be supported by an affidavit about the matters that give rise to the application.
(3)
The applicant must, as soon as is reasonably practicable after lodging a notice of motion with the Registrar, serve copies of the notice and affidavit on any persons that are parties to the application and advise the Registrar accordingly.
(4)
An Environment Judge may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.
(5)
If a person who has been served a notice of motion wishes to be heard on the application, they must give written notice to the Registrar and the applicant of their wish to be heard and the matters they wish to raise.
(6)
A written notice for the purposes of subclause (5) must be—
(a)
given in the form approved by the Registrar; and
(b)
given within 15 working days after the date of service of the relevant notice of motion.
Compare: 1991 No 69 s 291
52 Court may refer questions of law to High Court
(1)
The Environment Court may, in any proceedings before it,—
(a)
state a case for the opinion of the High Court on any question of law that arises in the proceedings; and
(b)
either conclude the proceedings subject to that opinion or adjourn them until after the opinion has been given.
(2)
A case is stated under this clause when it is settled and signed by an Environment Judge and sent to the Registrar at the appropriate registry of the High Court.
(3)
The Environment Court may ask the Registrar at the appropriate registry of the High Court to set a date for the stated case to be heard.
(4)
However, the Environment Court may make a request under subclause (3) only after it gives the parties notice of its intention to do so.
(5)
For the purposes of this clause, the appropriate registry of the High Court is the office of the High Court nearest to the place where the proceedings were, or are being, conducted.
Compare: 1991 No 69 s 287
Representation at proceedings
53 Who may be represented at proceedings
Minister, local authorities, or Attorney-General representing public interest
(1)
The following persons may be a party to any proceedings before the Environment Court:
(a)
the Minister:
(b)
a local authority:
(c)
the Attorney-General representing a relevant aspect of the public interest.
(2)
The court may allow any other person representing a relevant aspect of the public interest to be a party to any proceedings before the court if the court thinks the person’s participation will assist the court in addressing the issues in the proceedings.
Persons with interest greater than general public
(3)
A person may be a party to any proceedings before the Environment Court if they have an interest in the proceedings that is greater than the interest that the general public has.
(4)
However, subclause (3) is subject to any statutory limitations placed on a person’s options to oppose trade competitors.
(5)
To decide whether a person has an interest in proceedings greater than the interest that the general public has, the Environment Court must have regard to every relevant statutory acknowledgment.
Persons who make submissions
(6)
A person may be a party to any proceedings before the Environment Court if—
(a)
the person makes a submission about the subject matter of the proceedings; and
(b)
the submission complies with any requirements imposed on those making a submission.
Parties under this clause must not oppose withdrawal or abandonment of proceedings
(7)
A person who becomes a party to any proceedings under this clause must not oppose the withdrawal or abandonment of the proceedings, unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.
Compare: 1991 No 69 s 274(1), (5), (6)
54 How to become party to proceedings
(1)
A person who is entitled to be represented at proceedings before the Environment Court may become a party to the proceedings by giving notice in the prescribed manner within 15 working days after—
(a)
the period for lodging a notice of appeal ends, if the proceedings are an appeal:
(b)
the proceedings are commenced, in any other case.
(2)
The notice given under subclause (1) must be given to—
(a)
the Environment Court; and
(b)
the relevant local authority; and
(c)
the appellant, in the case of an appeal, or the person who commenced the proceedings in any other case.
Compare: 1991 No 69 s 274(2)–(2B)
55 Successors to parties to proceedings
(1)
If a person brings proceedings before the Environment Court, the proceedings are deemed to be also brought on behalf of—
(a)
the person’s personal representatives; and
(b)
the successors, if any, to the rights or interests affected by the proceedings.
(2)
Every party appearing in proceedings before the court is deemed to appear also on behalf of—
(a)
the party’s personal representatives; and
(b)
the successors, if any, to the rights or interests affected by the proceedings.
Compare: 1991 No 69 s 273
Conferences
56 Convening conference
(1)
An Environment Judge must, as soon as practicable after proceedings are lodged, consider whether to convene a conference presided over by a member of the Environment Court.
(2)
Any party to the proceedings may ask an Environment Judge to convene a conference.
Compare: 1991 No 69 s 267(1)(a), (2)
57 Requirement to be present at conference
(1)
An Environment Judge may, at any time after proceedings are lodged, require that any of the following be present at a conference presided over by a member of the Environment Court:
(a)
the parties:
(b)
any Minister, local authority, or other person that or who has given notice of intention to appear under clause 54 (representation at proceedings).
(2)
Persons required to be present at a conference must—
(a)
be present in person; or
(b)
by agreement with the court, participate remotely by any audio-visual link (as defined in section 3 of the Courts (Remote Participation) Act 2010); or
(c)
have at least 1 representative present who has the authority to make decisions on the person’s behalf on any matters that may reasonably be expected to arise at the conference.
Compare: 1991 No 69 s 267(1)(b), (1A)
58 Powers of member of court presiding at conference
(1)
The member of the Environment Court who presides at a conference may, after giving the parties an opportunity to be heard, do all or any of the following things:
(a)
direct that the pleadings be amended in the way that the member thinks necessary:
(b)
direct that any admissions that have been made by any party, and that do not appear in the pleadings, be recorded in the way that the member thinks fit:
(c)
define the issues to be tried:
(d)
direct that any issue, whether of fact or of law or of both, be tried before any other issue:
(e)
set the dates by which the respective parties must deliver to the court, and to the other parties, statements of the evidence to be given on behalf of the respective parties:
(f)
direct the order in which the parties must present their respective cases:
(g)
direct the order in which a party may cross-examine witnesses called on behalf of any other party:
(h)
limit the number of addresses and cross-examinations of witnesses by parties having the same interest:
(i)
direct that the evidence, or the evidence of any particular witness or witnesses, be given—
(i)
orally in open hearing; or
(ii)
by affidavit; or
(iii)
by pre-recorded statement or report duly sworn by the witness before or at the hearing; or
(iv)
by any combination of these ways of testifying:
(j)
decide any question of admissibility about any evidence that a party proposes to tender at the hearing:
(k)
require further or better information about any matters connected with the proceedings:
(l)
adjourn the conference to allow for consultations among the parties:
(m)
give any further or other directions that the member considers necessary.
(2)
If a direction is made under subclause (1)(i) (about how evidence is given), any opposing party must, if they require it, have the opportunity to cross-examine any witness.
(3)
The member of the court who presides at a conference—
(a)
must ensure that the parties are given an opportunity to make any admissions, and any agreements about the conduct of the proceedings, that ought reasonably to be made by them; and
(b)
may, with a view to any special order about costs that may be made at the hearing, ensure that a record is made, in the form that the member directs, of any refusal to make an admission or agreement.
Compare: 1991 No 69 s 267(3), (4)
Alternative dispute resolution
59 Alternative dispute resolution
(1)
At any time after proceedings are lodged, the Environment Court may, to help resolve a matter, ask a member of the court or another person to conduct an ADR process before or at any time during the course of a hearing.
(2)
The court may act under this clause on its own motion or on request.
(3)
A member of the court who conducts an ADR process is not disqualified from resuming their role as a member of the court to decide a matter if—
(a)
the parties agree that the member should resume their role and decide the matter; and
(b)
the member concerned and the court are satisfied that it is appropriate for the member to do so.
(4)
Persons participating in an ADR process under this Act must comply with the prescribed process (if there is one).
Compare: 1991 No 69 s 268
Hearing
60 Hearing of proceedings
(1)
The Environment Court must hear and decide all proceedings as soon as practicable after the date on which they are lodged with it.
(2)
However, the court need not comply with subclause (1) if, in the circumstances of a particular case, the court does not consider it appropriate to do so.
(3)
The Registrar must—
(a)
set the time and place of the hearing of proceedings before the court, in accordance with any requirements set by regulations made under this Act; and
(b)
give each party to the proceedings not less than 15 working days’ notice of the time and place set for the hearing.
(4)
An Environment Judge may, if they think fit, reduce the period of notice required by subclause (3)(b) in any particular case.
(5)
If a person who has initiated proceedings before the court fails, without sufficient cause, to appear before the court at the time and place set for the hearing, the court may dismiss the proceedings.
Compare: 1991 No 69 s 272
61 Hearing matters together
(1)
The Environment Court must hear 2 or more proceedings together if they relate to the same subject matter, unless the court considers that to do so would be impracticable, unnecessary, or undesirable.
(2)
Subclause (1) applies whenever the court has jurisdiction to hear the proceedings, whether they arise under this Act or any other legislation.
Compare: 1991 No 69 s 270
62 Local hearings
Unless the parties agree otherwise, the Environment Court must conduct a conference or hearing at a place that is as near as the court considers convenient to the locality of the subject matter to which the proceedings relate.
Compare: 1991 No 69 s 271
Evidence
63 Who may call evidence at proceedings
(1)
A person who becomes a party to proceedings under clause 53 may appear and call evidence.
(2)
However, evidence must not be called unless—
(a)
it is on a matter that is within the scope of the proceedings; and
(b)
if the person becomes a party under clause 53(6) by making a submission, it is on a matter—
(i)
that arises out of that person’s submissions in the previous related proceedings; or
(ii)
on which that person could have appealed.
Compare: 1991 No 69 s 274(4)–(4B)
64 Evidence
(1)
The Environment Court may—
(a)
receive anything in evidence that it considers appropriate to receive; and
(b)
call for anything to be provided in evidence that it considers will assist it to make a decision or recommendation; and
(c)
call before it to give evidence a person who, in its opinion, will assist it in making a decision or recommendation.
(2)
The court may, whether or not the parties consent,—
(a)
accept evidence that was presented at a hearing held by the consent authority:
(b)
direct how evidence must be given to the court.
(3)
The Evidence Act 2006 applies to Environment Court proceedings, except that the court may accept, admit, and call for any evidence that it considers appropriate in the proceedings even though the evidence is not otherwise admissible under the rules of law about evidence.
(4)
The court may receive evidence written or spoken inte reo Māori, and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies accordingly.
Compare: 1991 No 69 s 276
65 Evidence of documents
(1)
If a copy of, or an extract from, a plan is certified, it is admissible in evidence in legal proceedings to the same extent as the original document.
(2)
In this clause, certified means certified to be a true copy by the principal administrative officer or by any other authorised officer of the relevant local authority.
Compare: 1991 No 69 s 276A
66 Hearings and evidence generally must be held in public
(1)
All hearings of the Environment Court must be held in public except as provided in this clause.
(2)
The court may do either or both of the following if it considers that the reasons for doing so outweigh the public interest in a public hearing and publication of evidence:
(a)
order that any evidence be heard in private:
(b)
prohibit or restrict the publication of any evidence.
Compare: 1991 No 69 s 277
67 Order for discovery or production of documents
An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge.
Compare: 1991 No 69 s 278(2)
Witnesses
68 Witness expenses
(1)
A witness who is summoned to attend the Environment Court is entitled to be paid, by the party requiring their attendance, expenses for travelling and maintenance while absent from their usual residence.
(2)
The expenses must be paid in accordance with the scale of allowances for witnesses in civil cases under the District Court Act 2016.
(3)
When a witness is called or evidence is obtained by the court, the court may direct that the expenses incurred—
(a)
form part of the costs of the proceedings; or
(b)
be paid from money appropriated by Parliament for the purpose.
Compare: 1991 No 69 s 284
69 Offence to disobey witness summons or refuse to co-operate
(1)
A person commits an offence if, without reasonable cause, they—
(a)
fail to appear in accordance with a summons issued by an Environment Judge, an Environment Commissioner, or the Registrar, or fail to produce anything that the summons requires them to produce; or
(b)
refuse to be sworn or to give evidence at proceedings before the Environment Court; or
(c)
refuse to answer a question put by a member of the court during proceedings before the court.
(2)
It is a defence to a charge under subclause (1) that the person was not given travelling expenses in accordance with the scale for witnesses in civil cases under the District Court Act 2016—
(a)
at the time the summons was served; or
(b)
at some reasonable time before the hearing.
(3)
A person who commits an offence against this clause is liable on conviction to a fine not exceeding $1,500.
Compare: 1991 No 69 ss 283, 338(3)(b), 339(3)
70 Who may take affidavit
Any of the following persons may take an affidavit or a statutory declaration to be used in the Environment Court:
(a)
the Registrar:
(b)
an Environment Commissioner:
(c)
any person authorised by or under the District Court Act 2016 to take an affidavit or an affirmation to be used in the District Court (see section 104 of that Act).
Compare: 1991 No 69 ss 278(5), 280(1B)
Privileges and immunities
71 Privileges and immunities
Witnesses and counsel appearing before the Environment Court have the same privileges and immunities as they have when they appear in the same capacity in proceedings in the District Court.
Compare: 1991 No 69 s 288
Part 5 Decisions and appeals
Decisions of Environment Court
72 Environment Court decisions are final
A decision of the Environment Court under this Act or any other legislation, on any matter other than an inquiry, is final unless it is reheard under clause 73 or appealed against under clause 77.
Compare: 1991 No 69 s 295
73 Review of court decision by rehearing
(1)
This clause applies if, after the Environment Court gives a decision,—
(a)
new and important evidence becomes available that might have affected the decision; or
(b)
there has been a change in circumstances that might have affected the decision.
(2)
The court may order a rehearing of the proceedings on any terms and conditions that it thinks reasonable.
(3)
Any party may apply to the court for a rehearing of the proceedings.
(4)
If the court receives an application under subclause (3), the court must—
(a)
give notice to the other parties concerned and hear any evidence that it thinks fit; and
(b)
decide whether to order a rehearing under subclause (2).
(5)
The decision of the court on the reheard proceedings has the same effect as a decision of the court on the original proceedings.
Compare: 1991 No 69 s 294
74 No other review of decisions unless right of appeal or reference to inquiry exercised
(1)
This clause applies if a person has a right, under this Act or any other legislation, to—
(a)
refer a matter for inquiry to the Environment Court; or
(b)
appeal to the Environment Court against a decision that is made under this Act or any other legislation by a local authority, consent authority, or any other person.
(2)
In relation to that matter or decision, the following restrictions apply until the right has been exercised and the court has made a decision:
(a)
the person cannot apply for review under the Judicial Review Procedure Act 2016; and
(b)
the High Court cannot hear any proceedings that seek a declaration, an injunction, or a writ of or in the nature of mandamus, prohibition, or certiorari.
Compare: 1991 No 69 s 296
75 Court decisions must be in writing
(1)
This clause applies to—
(a)
any decision, determination, or order of the Environment Court, unless it is pronounced orally at a sitting of the court; and
(b)
any report, recommendation, or determination made by the court on an inquiry.
(2)
The decision, determination, order, report, or recommendation must be—
(a)
in writing; and
(b)
signed by the member who presided at the hearing or inquiry or by a majority of the members who sat on the hearing or inquiry; and
(c)
authenticated with the seal of the court.
Compare: 1991 No 69 s 297
76 Judicial notice of sealed documents
All courts and persons acting judicially must take judicial notice of any document that bears the seal of the court.
Compare: 1991 No 69 s 298
Appeals against Environment Court decisions
77 Appeal rights
(1)
A party to a proceeding before the Environment Court under this Act or any other legislation may appeal on a question of law to the High Court against any decision, report, or recommendation that the Environment Court makes in the proceeding.
(2)
An appeal must be made in accordance with the High Court Rules 2016, except to the extent that the relevant rules are inconsistent with clauses 78 to 85.
Compare: 1991 No 69 s 299
78 Notice of appeal
(1)
A party (the appellant) may commence an appeal under clause 77 as follows:
(a)
within 15 working days after being notified of the Environment Court’s decision, or report and recommendation, the appellant must—
(i)
file a notice of appeal with the Registrar of the High Court; and
(ii)
serve a copy of the notice on the authority whose decision was the subject of the Environment Court’s decision or report and recommendation; and
(b)
before, or within 5 working days after, the appellant files the notice of appeal, they must serve a copy of the notice on—
(i)
every other party to the proceedings; and
(ii)
the Registrar of the Environment Court.
(2)
The notice of appeal must specify—
(a)
the decision or report and recommendation, or part of the decision or report and recommendation, that is appealed against; and
(b)
the error of law alleged by the appellant; and
(c)
the question of law to be resolved; and
(d)
the grounds of appeal, which must be expressed in sufficient detail for the High Court and other parties to understand them; and
(e)
the relief sought.
(3)
The Registrar of the Environment Court must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal.
Compare: 1991 No 69 s 300
79 Right to appear and be heard on appeal
(1)
A person may appear and be heard on an appeal to the High Court under clause 77 if they are—
(a)
a party to the relevant proceeding; or
(b)
a person who appeared before the Environment Court in the proceeding.
(2)
If the person wishes to appear and be heard on the appeal, they must comply with subclause (3) within 10 working days after they were served with the notice of appeal.
(3)
The person must serve notice of their intention to appear on all of the following:
(a)
the appellant:
(b)
the Registrar of the High Court:
(c)
the Registrar of the Environment Court:
(d)
if the relevant decision or report and recommendation was made by the Environment Court after an appeal to it, the authority whose decision was the subject of the appeal.
Compare: 1991 No 69 s 301
80 Parties to appeal before High Court
(1)
The parties to an appeal before the High Court are the appellant and any person who gives notice of intention to appear under clause 79.
(2)
The Registrar of the High Court must ensure that the parties to an appeal before the High Court are served with—
(a)
every document relating to the appeal that is filed or lodged with the Registrar of the High Court; and
(b)
notice of the date set for hearing the appeal.
Compare: 1991 No 69 s 302
81 Orders of High Court
(1)
The High Court may make an order directing the Environment Court to lodge with the Registrar of the High Court any or all of the following:
(a)
anything in the possession of the court:
(b)
a report that records, in respect of any matter or issue that is specified by the High Court, any of the court’s findings of fact that are not set out in its decision or report and recommendation:
(c)
a report that sets out, to the extent that is reasonably practicable and in respect of any issue or matter that is specified in the order, any reasons or considerations that the court had regard to but that are not set out in its decision or report and recommendation.
(2)
An order under this clause—
(a)
may be made on application to the High Court or on its own motion; and
(b)
may be made only if the High Court is satisfied that the order is required for a proper decision on a question of law; and
(c)
may be made subject to any conditions that the High Court thinks fit.
(3)
An application for an order under this clause must be made,—
(a)
if it is made by the appellant, within 20 working days after the date on which the notice of appeal is filed; or
(b)
if it is made by any other party to the appeal, within 20 working days after the date on which the party is served a copy of the notice of appeal.
Compare: 1991 No 69 s 303
82 Dismissal of appeal
The High Court may dismiss an appeal if—
(a)
the appellant does not appear at the hearing of the appeal; or
(b)
the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal.
Compare: 1991 No 69 s 304
83 Additional appeals on questions of law
(1)
This clause applies if a party to an appeal other than the appellant wishes to contend that the relevant decision or report and recommendation of the Environment Court is in error on other questions of law.
(2)
Within 20 working days after the date on which that party (the specified party) is served with a copy of the notice of appeal, they must—
(a)
file a notice to that effect with the Registrar of the High Court; and
(b)
serve a copy of the notice on the authority whose decision was the subject of the Environment Court’s decision or report and recommendation.
(3)
Before, or within 5 working days after, the specified party files a notice under subclause (2)(a), they must serve a copy of the notice on—
(a)
every other party to the proceedings; and
(b)
the Registrar of the Environment Court.
(4)
If a notice is filed under this clause, the following clauses apply with any necessary modifications:
(a)
clause 81 (orders of the High Court):
(b)
clause 82 (dismissal of appeal).
(5)
An appeal under this clause must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with this clause.
Compare: 1991 No 69 s 305
84 Extension of time
On the application of a party to an appeal, the High Court may extend any period of time stated in any of the following clauses:
(a)
clause 77 (appeal to High Court of question of law):
(b)
clause 78 (notice of appeal):
(c)
clause 79 (right to appear and be heard on appeal):
(d)
clause 81 (orders of the High Court):
(e)
clause 83 (additional appeals on questions of law).
Compare: 1991 No 69 s 306
85 Hearing date
(1)
An appeal is ready for hearing when a party to an appeal notifies the Registrar of the High Court—
(a)
that the notice of appeal has been served on all parties to the proceedings; and
(b)
either—
(i)
that no application has been filed under clause 81 (orders of the High Court); or
(ii)
that any application filed under that clause has been complied with.
(2)
When an appeal is ready for hearing, the Registrar of the High Court must arrange a hearing date as soon as practicable.
Compare: 1991 No 69 s 307
86 Appeals to Court of Appeal
(1)
A party to an appeal to the High Court under clause 77 may appeal against the High Court’s decision on that appeal only as permitted by this clause.
General right of further appeal
(2)
A party may appeal against the High Court’s decision in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011 (which provides for appeals on questions of law), and that subpart applies—
(a)
as if the High Court were the first appeal court (see section 300 of the Criminal Procedure Act 2011); and
(b)
with any other necessary modifications.
Compare: 1991 No 69 s 308(1)
Part 6 Miscellaneous and general provisions
Waivers and directions
87 Waivers and directions
Application for waiver or direction
(1)
A person may apply to the Environment Court for a waiver or direction about a prescribed time period, a requirement for service, or a matter of procedure relating to a proceeding.
Threshold for granting application
(2)
The court must not grant an application under this clause unless the court is satisfied,—
(a)
in relation to a waiver, that—
(i)
the appellant or applicant and the respondent consent to that waiver; or
(ii)
none of those parties who have not consented will be unduly prejudiced; and
(b)
for any other waiver, that none of the parties to the proceedings will be unduly prejudiced.
(3)
The court may waive a requirement about time whether or not an application under this clause is made before the requirement is breached.
Registrar may exercise powers under this clause
(4)
The Registrar may exercise a power referred to in this clause if the Chief Environment Court Judge confers that power on the Registrar.
(5)
The power may be conferred generally or in relation to a specific matter, and on any terms and conditions that the Chief Environment Court Judge thinks fit.
Compare: 1991 No 69 s 281
88 Registrar may waive, reduce, or postpone payment of fee
(1)
A person may apply to the Registrar to waive, reduce, or postpone payment to the Environment Court of any fee prescribed by regulations made under subpart 3 of Part 6.
(2)
The application must be made in the form approved by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.
(3)
The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any criteria prescribed by the regulations, that—
(a)
the person responsible for paying the fee is unable to pay the fee in whole or in part; or
(b)
in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised.
Compare: 1991 No 69 s 281A
Costs
89 Awarding costs
Costs orders
(1)
The Environment Court may make any of the following orders about costs:
(a)
an order that requires any party to proceedings before the court to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the court considers reasonable:
(b)
an order that requires any party to proceedings before the court to pay to the Crown all or any part of the court’s costs and expenses:
(c)
an order that requires a party who fails to proceed with a hearing at the time the court arranges, or who fails to give adequate notice of the abandonment of the proceedings, to pay to any other party or to the Crown any of the costs and expenses incurred by the other party or the Crown:
(d)
an order that requires an applicant to pay the costs and expenses—
(i)
that a consent authority or a local authority incurred in assisting the court in relation to a report provided by the authority under this Act or the Natural Environment Act 2025; and
(ii)
that the court considers reasonable.
Presumptions and considerations
(4)
The court must,—
(a)
when deciding whether to make an order under subclause (1)(a) or (b), apply the following presumptions:
(i)
that costs under those paragraphs are not to be ordered against a person who is a party under clause 53; and
(ii)
that costs under subclause (1)(b) or (d) are to be ordered against the applicant; and
(b)
when deciding on the amount of any order it decides to make, have regard to the fact that the proceedings are at first instance.
(5)
The court must also apply a presumption that costs are not to be ordered against a person who is a party under clause 53.
(6)
Subclause (5) applies when the court is deciding whether to make an order under subclause (1)(d) in any proceedings.
Compare: 1991 No 69 s 285
90 Enforcing orders for costs
An order for costs made by the Environment Court may be filed in the District Court at the office of the court named in the order and then becomes enforceable as a judgment of the District Court in its civil jurisdiction.
Compare: 1991 No 69 s 286
Contempt
91 Application of Contempt of Court Act 2019
(1)
The following provisions of the Contempt of Court Act 2019 apply with the necessary modifications to proceedings of the Environment Court:
(a)
subparts 2 and 4 of Part 2:
(b)
sections 25 and 26(1) and (2).
(2)
Those provisions apply to proceedings of the Environment Court as if—
(a)
references to a court include the Environment Court; and
(b)
references to a Judge include an Environment Judge and an alternate Environment Judge; and
(c)
references to a judicial officer include an Environment Commissioner and a Deputy Environment Commissioner; and
(d)
references to an officer of the court include an officer of the Environment Court.
Compare: 1991 No 69 s 282
Restriction on commencing or continuing proceedings
92 Order restricting person from commencing or continuing proceedings
(1)
A Judge may make an order (a clause 92 order) restricting a person from commencing or continuing civil proceedings in the Environment Court.
(2)
The order may have—
(a)
a limited effect (a limited order); or
(b)
an extended effect (an extended order).
(3)
A limited order restrains a party from commencing or continuing civil proceedings on a particular matter in the Environment Court.
(4)
An extended order restrains a party from commencing or continuing civil proceedings on a particular or related matter in the Environment Court.
(5)
Nothing in this clause limits the court’s inherent power to control its own proceedings.
Compare: 1991 No 69 s 288C; 2016 No 49 s 213
93 Grounds for making clause 94 order
(1)
A Judge may make a clause 92 order if the Judge considers that the following proceedings in the Environment Court are or were totally without merit:
(a)
for a limited order, 2 or more proceedings about the same matter; or
(b)
for an extended order, at least 2 proceedings about any matter.
(2)
In deciding whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.
(3)
The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
(4)
For the purposes of this clause and clauses 94 and 95, an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.
Compare: 1991 No 69 s 288D
94 Terms of clause 94 order
(1)
A clause 92 order may restrain a party from commencing or continuing any civil proceeding (whether generally or against any particular person or persons) of any type specified in the order without first obtaining the leave of the Environment Court.
(2)
A clause 92 order, whether limited or extended, has effect—
(a)
for a period of up to 3 years as specified by the Judge; or
(b)
if the Judge is satisfied that there are exceptional circumstances justifying a longer period, a period of up to 5 years as specified by the Judge.
Compare: 1991 No 69 s 288E
95 Procedure relating to clause 92 orders
(1)
A party to any proceeding may apply for a limited order or an extended order.
(2)
A Judge may make a clause 92 order either on an application under this clause or on the Judge’s own initiative.
(3)
A party subject to a clause 92 order may apply without notice for leave to continue or commence a civil proceeding, but the Environment Court may direct that the application for leave be served on any specified person.
(4)
An application for leave must be decided on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
(5)
A Judge’s decision on an application for leave is final.
(6)
A clause 92 order does not prevent or affect the commencement of a private criminal prosecution in any case.
Compare: 1991 No 69 s 288F(1)–(6)
96 Appeals relating to clause 92 orders
(1)
The party against whom a clause 92 order is made may appeal against the order to the High Court.
(2)
The appellant in an appeal under this clause, or the applicant for the clause 92 order concerned, may, with the leave of the High Court, appeal against the High Court’s decision on the appeal to the Court of Appeal.
(3)
A court deciding an appeal under this clause has the same powers as the court appealed from has to decide an application or appeal, as the case may be.
Compare: 1991 No 69 s 288F(7)–(9)
Reserved judgments
97 Information about reserved judgments
The Chief Environment Court Judge must, in consultation with the Chief Justice,—
(a)
publish information about how parties to proceedings before the Environment Court may obtain information about the status of any reserved judgment in those proceedings; and
(b)
periodically publish information about the number of judgments of the court that the Judge considers are outstanding beyond a reasonable time for delivery; and
(c)
publish information about reserved judgments that the Judge considers is useful.
Compare: 1991 No 69 s 288A
Recusal
98 Recusal guidelines
The Chief Environment Court Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
Compare: 1991 No 69 s 288B
Annual report
99 Annual report of Registrar
(1)
The Registrar must make an annual report to the Minister of the Crown who is responsible for the Ministry of Justice (the Minister of Justice).
(2)
The report must—
(a)
contain the information that the Minister of Justice requires about the administration, workload, and resources of the Environment Court during a 12-month period that ends on 30 June; and
(b)
be delivered to the Minister of Justice no later than 2 months after the expiry of that 12-month period.
(3)
The Minister of Justice must, within 10 sitting days after they receive a report under this clause, present the report to the House of Representatives in accordance with the House’s rules and practice.
Compare: 1991 No 69 s 264
Schedule 10 Planning Tribunal
s 216
Contents
Interpretation
1 Definitions
In this schedule, unless the context otherwise requires,—
adjudicator means—
(a)
a person appointed to be an adjudicator under clause 7; and
(b)
includes the persons holding office as Environment Commissioners and Deputy Environment Commissioners
chairperson means the person appointed to be the chairperson of the tribunal under clause 4
notification decision means the decision taken by a local authority—
(a)
to publicly notify or give targeted notification of a permit or consent application; or
(b)
not to give either form of notification of a permit or consent application
Planning Tribunal and tribunal mean the tribunal established by clause 2
Registrar means the Registrar (if one is appointed) of the tribunal (see clause 11).
Establishment of tribunal
2 Establishment
(1)
This clause establishes the Planning Tribunal.
(2)
The tribunal is a division of the Environment Court.
(3)
The tribunal has the jurisdiction and powers conferred on it by or under this Act or any other Act.
Compare: 1988 No 110 s 4; 1991 No 69 s 247
3 Planning Tribunal to use seal of Environment Court
(1)
The tribunal is to have a seal to be used for sealing all documents that must be sealed or that the chairperson of the tribunal elects to seal.
(2)
The seal must be judicially noticed in all courts and for all purposes.
(3)
The seal may be applied to documents physically or electronically.
Membership of tribunal
4 Appointment of tribunal chairperson
(1)
The Governor-General, on the recommendation of the Minister may appoint a person to be the chairperson of the tribunal.
(2)
Before making a recommendation under subclause (1), the Minister must consult the Minister of Justice and may consult any other Minister, as the Minister thinks necessary.
(3)
The chairperson must—
(a)
have had standing as a barrister or solicitor of the High Court of New Zealand for not less than 7 years in an appropriate area of the law; and
(b)
must have the appropriate knowledge, skills, and experience in planning and the natural environment, and significant legal experience.
(4)
A chairperson is appointed for a term of 5 years but may be reappointed.
5 Functions and duties of chairperson
(1)
The chairperson may sit as an adjudicator and exercise the same jurisdiction as an adjudicator.
(2)
The chairperson may, in accordance with clause 6, delegate any of the functions, duties, and powers of the chairperson to an adjudicator who would be eligible to be appointed as the chairperson.
(3)
The functions of the chairperson are,—
(a)
in consultation with the Chief Environment Court Judge, to ensure that the business of the tribunal is dealt with in an orderly and efficient manner so as to achieve the purpose of the tribunal, including by overseeing, liaising, and advising on the rostering and performance of adjudicators; and
(b)
to direct the training and professional development of adjudicators; and
(c)
to advise adjudicators with a view to enhancing the quality of decision making, but without interfering with the independence of an adjudicator’s decision-making; and
(d)
to liaise with other parties on tribunal proceedings (including complaints) and on matters affecting adjudicators; and
(e)
to establish a complaints process relating to the tribunal’s performance of its functions for persons using the tribunal; and
(f)
to report in the prescribed manner in writing to the Minister on the operation of the tribunal and the quality of its work; and
(g)
to issue practice notes as guidance for adjudicators and for parties appearing before the tribunal.
Compare:
6 Delegation
(1)
A delegation under clause 5(2)—
(a)
must be in writing to a named person; and
(b)
is revocable at any time in writing; and
(c)
does not prevent the performance or exercise of a function, power, or duty by the chairperson.
(2)
The delegate may perform or exercise any functions, powers, or duties in the same manner and to the same effect as if they had been conferred directly by this Act and not by delegation.
(3)
A person who appears to be acting under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(4)
The delegate must be paid remuneration in accordance with the work undertaken in that capacity.
Compare: 1994 No 143 s 209A
7 Appointment of adjudicators
(1)
The Governor-General may, on the recommendation of the Minister, appoint persons to be adjudicators of the tribunal for the purposes of this Act and the Natural Environment Act 2025.
(2)
Before making a recommendation under subclause (1), the Minister must consult the Minister of Justice and may consult any other Minister as the Minister thinks necessary.
(3)
A person who holds office as an Environment Commissioner or Deputy Environment Commissioner in the Environment Court is deemed to be an adjudicator appointed under this clause.
(4)
The persons whom the Minister recommends to be adjudicators must have—
(a)
the personal attributes and experience required to be capable of performing the functions of an adjudicator; and
(b)
the relevant skills and experience in 1 or more of the following areas of practice:
(i)
planning, resource management, and heritage protection:
(ii)
law and alternative dispute resolution practice:
(iii)
environmental, physical, and social sciences:
(iv)
economics and commercial and business affairs:
(v)
commercial development and infrastructure:
(vi)
local government and community affairs:
(vii)
engineering, architecture, surveying, building construction, and minerals technology:
(viii)
matters relating to Māori interests.
(5)
The Minister must ensure that there are, at all times, sufficient adjudicators with the necessary skills and experience to enable the efficient and timely exercise of the jurisdiction of the tribunal.
(6)
Adjudicators are appointed for a term not exceeding 5 years, but—
(a)
may be reappointed; and
(b)
are to continue in office until they are reappointed or their successor is appointed.
Compare:
8 Removal from office
The chairperson or an adjudicator may be removed from office by the Governor-General if for any reason their performance of their functions and duties is adversely affected.
9 Remuneration
(1)
The chairperson of the tribunal and each adjudicator—
(a)
must be paid a salary, fee, or allowance at the rate determined by the Remuneration Authority; and
(b)
must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
(2)
Expenses may be incurred without further appropriation than this section to meet the salaries, fees, or allowances determined under subclause (1)(a).
(3)
For the purposes of subclause (1)(b), the Fees and Travelling Allowances Act 1951 applies as if the chairperson of the tribunal and adjudicators were members of a statutory Board as defined in section 2 of that Act.
10 Chairperson of Planning Tribunal must convene adjudicators
(1)
Whether or not a hearing is required, the chairperson of the tribunal must convene 1 or more adjudicators, as the chairperson considers appropriate, to hear and determine an application before the tribunal as follows:
(a)
an adjudicator may be appointed to sit alone to determine an application; or
(b)
a panel of adjudicators may be convened if the chairperson considers that the matter for determination is of particular complexity and requires a panel of 2 or more adjudicators with a mix of skills and experience.
(2)
An Environment Commissioner or Deputy Environment Commissioner appointed to be an adjudicator on a matter under this Act or the Natural Environment Act 2025 must not hear or be appointed to hear the same matter in the Environment Court.
Registrar
11 Registrar may be appointed
(1)
The Planning Tribunal may have a Registrar.
(2)
The office of Registrar may be held in conjunction with that of any other office in the public service.
(3)
The functions of the Registrar are—
(a)
to ensure the orderly and efficient administration of the registry; and
(b)
to advise and direct staff of the registry.
(4)
If a tribunal Registrar is not appointed, the Registrar of the Environment Court must perform the role of Registrar in relation to the tribunal.
Compare: 1988 No 110 s 4B
Immunities
12 Protection from legal proceedings
(1)
The chairperson, any adjudicator, or the Registrar (if appointed) are not personally liable for anything they say, do, or omit to say or do while acting in good faith in the performance of their functions and duties under this Act.
(2)
No person appointed to assist the Planning Tribunal will be personally liable for anything they say, do, or omit to say or do while acting in good faith in the performance of their functions and duties under this Act.
Compare: 1994 No 143 s 219(2); 1991 No 69 s 261(1)
Functions and powers of Planning Tribunal
13 Functions and powers of Planning Tribunal
(1)
The tribunal is primarily authorised, in relation to a matter within its jurisdiction, to accept applications from persons entitled to apply to—
(a)
review decisions made under this Act by a local authority—
(i)
for procedural and legal error:
(ii)
whether the decision was reasonable in the circumstances:
(b)
exercise its declaratory power under this Act or the Natural Environment Act 2025:
(c)
exercise other powers that are conferred on it by or under this Act or any other Act.
(2)
Unless otherwise provided for in this Act or the Natural Environment Act 2025, in order to give effect to a decision of the tribunal, the tribunal may make orders to—
(a)
confirm, modify, or overturn the whole, or any relevant part, of the decision reviewed:
(b)
remit the whole or any part of a matter back to the local authority for reconsideration, with or without any directions as necessary:
(c)
seek to directly reach by conciliation a resolution between the parties:
(d)
set a revised statutory time frame within which an application for a permit or consent or other matter is to proceed:
(e)
dismiss the application.
(3)
Without limiting the ability of a person to make an informal approach to a local authority on a matter of concern, applications must not be made to a local authority under this clause to review or otherwise reconsider a matter that is within the jurisdiction conferred on the tribunal by this Act.
Matters within review jurisdiction of Planning Tribunal
14 Review powers
Persons entitled to, may apply to the tribunal in the approved form to review any of the following decisions or actions of a local authority:
Processing applications for permits, consents, private plan changes, and designations
(a)
a decision that a permit or consent application is not complete:
(b)
a decision to strike out all or part of a submission on a plan:
(c)
a decision to decline a notice from a designating authority to remove a designation:
Decision not to notify or conduct hearing
(d)
a decision not to proceed to notify an application or a hearing if there are reasonable grounds for the view that other permits or consents will be required for the proposal:
Decisions on whether existing use rights apply or permit or consent is current
(e)
a decision to decline an extension to continue to use land in a way that contravenes a planning rule:
(f)
a decision as to whether to allow the exercise of a permit or consent while an application for a new permit or consent is being processed:
(g)
a decision to decline an extension to the lapse period for a permit or consent:
(h)
a decision to decline an application to revoke a decision to cancel a permit or consent not exercised for a specified period of time:
Existing use certificates
(i)
a decision on issuing or revoking an existing use certificate:
Designations
(j)
a decision to decline a designating authority’s application for a longer lapse period of a designation:
(k)
a decision to decline an application to notify a proposed designation in a draft spatial plan:
Other matters
(l)
a request for additional charges or costs.
Compare: 1993 No 69, ss 36(5), 91(3), 91C(2), 91F(2), 99(8), 357(1)(d), (3A), (6), (7), 357A(1)(a)(i), (ii), (iii), (v), 357B(a)
15 Requests for further information or to commission report
(1)
A person applying for any of the matters listed in subclause (2) (the applicant) may apply to the tribunal to review a request and determine its reasonableness.
(2)
The matters referred to in subclause (1) are—
(a)
applications for permits or consents:
(b)
requests for further information in relation to a private plan change:
(c)
applications for designations.
(3)
The tribunal may—
(a)
confirm the request as the information requested is necessary; or
(b)
amend the request as the tribunal sees fit; or
(c)
order the local authority to proceed with the application without the information or report.
(4)
If the tribunal confirms the request for information, the time remaining to respond to the request resumes from the date on which the application was filed with the tribunal.
16 Notification decisions
Application for review
(1)
Any person who qualifies as an applicant (see subclause (8)) may apply to the tribunal in the approved form to review that decision for any legal or procedural error as follows:
(a)
if the permit or consent application or an application for a proposed designation was not publicly notified, any application for review must be filed within 25 working days after the substantive decision on the application is notified to the applicant; or
(b)
if the permit or consent application or application for a proposed designation was publicly notified, any application for review must be filed within 15 working days of the decision is notified to the person seeking a consent, permit, or designation.
(2)
The tribunal must not accept an application under subclause (1) if—
(a)
the applicant has given permission in writing for the activity; or
(b)
a national standard or rule in a plan specifies that notification is required or precluded for an activity of a particular kind.
Orders that may be made by tribunal
(3)
The tribunal, after reviewing a notification decision, may make an order—
(a)
to replace the local authority’s notification decision with its own decision or provide other remedies to deal with the dispute:
(b)
to remit the matter to the local authority for its reconsideration, with any directions considered necessary:
(c)
to prevent the exercise of a permit or consent until the notification decision has been reconsidered:
(d)
to specify any other matter to which the local authority must have regard when reconsidering its notification decision.
Outcome of notification review
(4)
If the tribunal replaces the local authority’s decision not to notify an application by requiring public notification or targeted notification, the applicant for the permit or consent and the local authority concerned must each comply within the applicable statutory time frame.
(5)
If the tribunal overturns a decision to notify an application, it may also determine the relevant time frame for processing the non-notified application or allow the local authority to make that determination in accordance with this Act.
(6)
If the tribunal overturns a decision not to notify an application and resolves the dispute by imposing its own decision rather than requiring notification, the local authority and the applicant must abide by the decision of the tribunal.
(7)
If the tribunal confirms the local authority’s decision to notify or not to notify a permit or consent application or an application for a proposed designation, the matter must proceed within the statutory time frame and the consent holder is entitled to exercise the resulting permit or consent.
(8)
To qualify as an applicant, for the purpose of this clause, a person must be—
(a)
a qualifying resident (within the meaning (if any) in this Act; or
(b)
resident in the region or district in which application is made for a permit, consent, or designation.
Compare:
17 Review if statutory time frame not complied with
(1)
An applicant for a permit or consent or a private plan change may apply to the tribunal to review the reasons for the application not being progressed in accordance with the relevant statutory time frame.
(2)
An application must not be filed in the tribunal until after the expiry of the relevant statutory time frame.
(3)
If alternative dispute resolution is not ordered, or does not result in the parties agreeing on a new time frame, the tribunal may make an order setting out a time frame within which the nominated steps must be completed.
18 Further use of alternative dispute resolution process
(1)
In relation to any matter before it, the tribunal may refer the parties to an ADR process, including—
(a)
by appointing. a person, who may be a member of the Planning Tribunal, to conduct a alternative dispute resolution process:
(b)
referring the parties to the Environment Court’s ADR process under clause 60 of Schedule 9.
(2)
Regulations may prescribe the requirements for conducting an alternative dispute resolution process.
19 Review if local authority extends statutory time frame
(1)
A person seeking a permit or consent for an activity may apply in the approved form to the tribunal to review a decision of the local authority to extend a statutory time frame for dealing with a permit or consent application.
(2)
The tribunal may review the decision of the local authority if the extension granted was made on the basis of special circumstances.
Compare: 1991 No 69 ss 37, 37A
20 Regulations relating to excluded time frames
Regulations made under this Act in relation to the application, variation, or disapplication of time frames apply in relation to—
(a)
actions to be taken by or in relation to the tribunal; or
(b)
decisions made by the tribunal.
Right of decision to decline permission for work on designated land
21 Review of designating authority’s decision to decline permission
(1)
If a designating authority declines a request for permission to undertake work on designated land, or gives permission subject to conditions, the person requesting permission may apply to the tribunal to review the decision of the designating authority or of the conditions imposed.
(2)
The tribunal must have regard to whether the decision of the designating authority—
(a)
has caused, or is likely to cause, serious hardship to the person making the request:
(b)
would render the designated land incapable of reasonable use:
(c)
could be modified without wholly or partially nullifying the effect of the designation.
(3)
The tribunal may confirm or reverse the decision of the designating authority or modify the decision as it thinks appropriate.
Compare: 1991 No 69 s 179
Declaratory jurisdiction
22 Interpretation of conditions
(1)
Any person may apply to the tribunal in the approved form for a declaration as to the proper interpretation of the conditions of a permit or consent.
(2)
The tribunal, after considering an application lodged under subclause (1), may—
(a)
make the declaration requested by the applicant, with or without any modification; or
(b)
make any other declaration that it considers necessary or desirable; or
(c)
decline to make a declaration.
Compare: 1991 No 69 ss 310–313
Regulatory relief
23 Review of decisions granting regulatory relief
(1)
The tribunal may review an objection lodged under clause 74 of Schedule 3 against a local authority’s decision in considering an application for a review under clause 72 or 73 of that schedule.
(3)
In undertaking such a review, the tribunal’s primary considerations are whether the local authority has correctly applied the relief framework in the plan to the relevant property.
(4)
In making a determination, the tribunal must—
(a)
review whether the local authority has assessed the materiality of the impact of the specified rule on the relevant property in accordance with the relief framework included in the plan for the district or region; and
(b)
consider whether an alternative relief mechanism would be more appropriate in the circumstances of the relevant property.
(5)
If the tribunal concludes that the local authority did not apply its relief framework correctly, the tribunal may specify other relief, but only to the extent that what the tribunal specifies is available under the operative land use plan.
Dual jurisdiction
24 Review by Planning Tribunal or appeal to Environment Court
(1)
A person may challenge certain decisions of a local authority by—
(a)
applying for a review of the decision to the tribunal under this schedule; or
(b)
appealing against the decision to the Environment Court under section 154.
(2)
Subclause (1)(a) applies only if the application for a permit or consent—
(a)
was dealt with on a non-notified basis; or
(b)
was notified (whether by targeted or public notification), but no submissions were filed by any third party.
(3)
The decisions by a local authority referred to in subclause (1) are those that relate to the following matters:
(a)
a decision on a permit or consent application:
(b)
a decision on an application to change or cancel a condition of a permit or consent:
(c)
a decision on a review of the conditions of a permit or consent:
(d)
a decision to issue a certificate of compliance:
(e)
a decision on an application to vary or cancel a condition in a consent notice.
(4)
To avoid doubt, the tribunal must not review the merits of a decision of a local authority to—
(a)
decline an application for a permit or consent:
(b)
cancel or substantively amend a permit or consent.
(5)
Any challenge to a decision of a kind described in subclause (4) may only be by way of an appeal to the Environment Court under section 154.
Compare: 1991 No 69 ss 120, 139, 221, 357, 357A
Procedural matters
25 Planning Tribunal’s procedural powers
(1)
Subject to matters of procedure prescribed by regulations made under this Act, or directed by an applicable practice note issued by the tribunal, the tribunal must regulate its own procedure in a way that best promotes the timely and efficient resolution of the matters within its jurisdiction.
(2)
There is a presumption that the tribunal will make a decision on the basis of the same evidentiary and legal considerations that were before the local authority, and that a hearing is not required.
(3)
However, the tribunal may, in the interests of justice and for the purpose of determining a matter before it,—
(a)
on its own initiative,—
(i)
request and take into account any relevant evidence or reports of investigations and inquiries as it thinks fit, whether or not the evidence would be admissible in a court of law:
(ii)
commission expert opinion or appoint an expert adviser:
(iii)
request further information that the tribunal considers is necessary to determining a matter:
(b)
at the request of an applicant or the local authority, allow further information to be provided to the tribunal:
(c)
specify the time frame within which that information must be provided to the tribunal and circulated to the parties.
(4)
If the tribunal exercises the power described in subclause (5)(a), it must disclose the evidence or reports it receives to all parties and provide them with an opportunity to comment on the material.
Compare: 1991 No 69 s 270
26 Planning Tribunal’s decisions to be in writing and published
Every decision and report, recommendation, determination, or order made by the tribunal must be given in writing and with reasons.
Compare: 1991 No 69 s 297
27 How to commence proceedings in Planning Tribunal
(1)
A person wishing to access the tribunal’s jurisdiction must file an application in the approved form, together with all relevant evidence, any other documentation required, and the prescribed fee.
(2)
At the same time as the application is filed, the applicant must serve a copy of the application on the relevant local authority.
(3)
If a local authority files an application for a declaration as to the interpretation of a permit or consent, or of the conditions of a permit of consent, it must serve a copy of the application on the holder of the relevant permit or consent.
(4)
If an applicant for review of a notification decision files an application outside the time specified in clause 16(1), the chairperson of the tribunal, on written request by the applicant, may—
(a)
accept the application, despite it being made later than the statutory time for filing; and
(b)
may extend any other time frame specified in this Act.
(5)
If a third party files an application for review of a notification decision, the application must be served on the local authority and the permit or consent holder at the time it is filed with the tribunal.
(6)
If a local authority is served with an application under this clause, it must, within 5 working days after being served, provide to the tribunal the file relating to the application and any other information relevant to the proceeding.
28 Hearings and rehearings
Hearing
(1)
The tribunal is not required to hold a hearing, in light of the presumption that matters coming before the tribunal will be determined—
(a)
without a hearing; and
(b)
on the basis of the evidence filed with the tribunal.
(2)
However, the chairperson of the tribunal may give notice to the parties, in accordance with any prescribed requirements, if, in the opinion of the chairperson and on the advice of the adjudicator appointed to determine the application, a hearing—
(a)
is required in the interests of justice; and
(b)
is requested by 1 or more of the parties and agreed by the adjudicator.
Rehearing
(3)
An application for a rehearing must be lodged with the Registrar not later than 5 working days after the date of a decision, or within any further time allowed by the Tribunal.
(4)
The Registrar must send a copy of an application for a rehearing by to the other parties to the proceedings as soon as practicable after it is lodged with the Registrar.
(5)
If the chairperson of the tribunal considers that a rehearing is required in the interests of justice, the chairperson may order a rehearing of the whole or a part of the proceedings by the tribunal.
(6)
The provisions of this clause apply if a rehearing is ordered under subclause (5).
Compare:
29 Legal representation at hearings
If a hearing is ordered by the adjudicator, the adjudicator may also direct that representation by legal counsel or other person is permitted, if that is required—
(a)
in the interests of justice; or
(b)
because the matter requires a level of expertise that the parties themselves do not have.
30 Orders to protect sensitive information
(1)
Whether or not a hearing is conducted, the tribunal may make orders to prevent publication or disclosure by other means of any part of the evidence given in a proceeding before it that is private information or information that should not be disclosed, subject to any conditions that the tribunal considers appropriate.
(2)
A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.
Compare: 1988 No 110 s 20A
31 Power to strike out proceedings
(1)
A person applying for a permit or consent and any person with a direct interest in the matter (the applicant), may apply for an order to strike out a proceeding or 1 or more of any conditions of a permit or consent granted by a local authority.
(2)
The tribunal may strike out an application for review, in whole or in part, if it is satisfied that the application—
(a)
is not within the Tribunal’s jurisdiction; or
(b)
discloses no reasonable cause of action; or
(c)
is likely to cause undue prejudice or delay; or
(d)
is frivolous, vexatious, or been brought in bad faith; or
(e)
is otherwise an abuse of process.
32 Planning Tribunal may order costs
(1)
If, in the opinion of the tribunal, a proceeding is frivolous or vexatious, the tribunal may make any of the following costs orders against that party:
(a)
an order requiring that party to pay to another party the costs and expenses incurred by the other party that the tribunal considers reasonable:
(b)
an order that requires an applicant to pay the costs and expenses incurred by a consent authority or local authority in assisting the tribunal in relation to any report required by the tribunal in respect of the matter before it, if the tribunal considers the costs and expenses reasonable.
(2)
The tribunal may order a party to pay to another party the costs, or part of the costs, of that party in connection with the proceedings if, in the opinion of the tribunal, a party has—
(a)
lodged a proceeding knowing that it is not within the tribunal’s jurisdiction; or
(b)
unnecessarily prolonged the proceeding by conduct intended to impede the prompt resolution of the matter.
(3)
The tribunal may order a party to pay to another party or the Crown any costs and expenses incurred by the other party or the Crown for conduct such as—
(a)
failing to proceed with an order given by the tribunal:
(b)
failing to give adequate notice that the matter is to be abandoned or delayed:
(c)
prolonging the proceedings unnecessarily.
Compare: 1988 No 110 s 20A
33 Planning Tribunal may transfer proceeding to Environment Court
(1)
The chairperson of the tribunal, in relation to a matter filed in the tribunal, may make an order to transfer a proceeding to the Environment Court or other court of competent jurisdiction if—
(a)
the matter is not within the jurisdiction of the tribunal; or
(b)
the matter is of such complexity, factually or legally, that the matter cannot be resolved in a fair or timely way by the tribunal; or
(c)
the matter is more appropriate to the jurisdiction of the Environment Court.
(2)
The Chief Judge of the Environment Court must agree before the chairperson of the tribunal may make a transfer under subclause (1).
(3)
If there is a challenge to the jurisdiction of the chairperson of the tribunal to make an order under subclause (1), the Chief Judge of the Environment Court may make that order if the judge considers that the matter would be more appropriately determined by the Environment Court.
Appeal and review
34 Jurisdiction to appeal against decisions of Planning Tribunal
(1)
Except as provided in subclause (2), a person who wishes to challenge a decision of the tribunal made under this schedule—
(a)
may appeal that decision to the Environment Court, but only on a point of law; and
(b)
must file any appeal in the Environment Court not later than 15 working days after the notification of the decision by the tribunal.
(2)
However, the right of appeal against the tribunal’s review of a notification decision (see clause 16), is to the High Court and is limited to an appeal on matters of law.
(3)
There is a right of appeal to the High Court against the tribunal’s decision on a notification review, but only on a point of law.
(4)
There is no right of appeal against the Environment Court’s decision on an appeal against a decision of the tribunal (see clause 74 of Schedule 9).
35 Review of decisions of Planning Tribunal
(1)
There is a right to apply to the High Court for judicial review against a decision of the tribunal, but only after the right of appeal to the Environment Court has been exercised by the applicant and the court has made a decision.
(2)
In the case of a notification review (see clause 14), if an applicant lodges both an appeal against a decision of the tribunal and an application for judicial review in the High Court, the applicant must lodge those proceedings together.
(3)
If applications are lodged together in accordance with subclause (2), the High Court must try to hear both proceedings together, unless the court considers it impracticable to do so in the circumstances of the particular case.
Compare: 1991 No 69 s 296 Schedule 1 cl 57
Regulations
36 Regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister and with the concurrence of the Chief Environment Court Judge, make regulations—
(a)
prescribing the practice and procedure of the tribunal, its fees, and any other administrative matter applying to it; and
(b)
prescribing the matters necessary for carrying out the purpose and functions of the tribunal and its chairperson, adjudicators, and Registrar.
Schedule 11 Amendments to other legislation
s 294
Part 1Amendments to RMA commencing 1 month after Royal assent
Section 2
In section 2(1), insert in their appropriate alphabetical order:
specified transition date means has the meaning given in clause 4(4) of Schedule 1 of the Planning Act 2025
transitional national rule means a national standard that—
(a)
is made under the Planning Act 2025 or the Natural Environment Act 2025; and
(b)
is identified in that standard as a national rule that has legal effect during the transition period within the meaning of clause 1 of Schedule 1 of the Planning Act 2025
Section 9
In section 9(1) and (5), after “national environmental standard”
, insert “or transitional national rule”
.
Section 11
In section 11(1)(a), after “national environmental standard,”
, insert “a transitional national rule,”
.
Section 12
In section 12(1), (2), and (3), after “national environmental standard,”
, insert “a transitional national rule,”
.
In section 12(4)(b), after “national environmental standard”
, insert “or the transitional national rule”
.
In section 12(5), after “national environmental standard”
, insert “or transitional national rule”
.
Section 13
In section 13(1), after “national environmental standard,”
, insert “a transitional national rule,”
.
In section 13(2), after “national environmental standard,”
, insert “, a transitional national rule,”
.
Section 14
In section 14(1), after “national environmental standard,”
, insert “, a transitional national rule,”
.
In section 14(3)(a), after “national environmental standard,”
, insert “a transitional national rule,”
.
Section 15
In section 15(1), after “regulations,”
, insert “a transitional national rule,”
.
In section 15(2), after “national environmental standard”
, insert “or a transitional national rule,”
.
In section 15(2A)(a), after “regulations”
, insert “or a transitional national rule,”
.
Section 17
In section 17(1)(b), after “national environmental standard,”
, insert “a transitional national rule,”
.
New section 18B
After section 18A, insert:
18B Additional procedural principles
(1)
This section applies to a person exercising a power or performing a function—
(a)
during the transition period; and
(b)
that relates to a decision on a resource consent.
(2)
The person must take all practicable steps to—
(a)
ensure that all documents are succinct and use plain language that can be readily understood by the public:
(b)
act in a timely and cost-effective manner:
(c)
act proportionately to the scale and significance of the matter:
(d)
ensure that they have enough information to understand the implications of their decision (if any), after considering—
(i)
the cost and feasibility of obtaining the information; and
(ii)
the scale and significance of the matter to which the decision relates; and
(e)
act in an enabling manner (for example, by being solutions-focussed) that is consistent with the principles in paragraphs (a) to (d).
(3)
In this section, transition period has the meaning given in section 1 of Schedule 1 of the Planning Act 2025.
Section 32
In section 32(4), after “national environmental standard”
, insert “or transitional national rule”
.
In section 32(4), after “that standard”
, insert “or rule”
.
New section 43AA
After section 43A, insert:
43AA National environmental standards and transitional national rules
(1)
A reference to a national environmental standard or a standard in sections 43B to 43E must be read as a reference to a national environmental standard or a transitional national rule.
(2)
Subsection (1) applies to sections 43B to 43E with all necessary modifications.
(3)
If there is a conflict between a national environmental standard and a transitional national rule, the rule prevails over the standard.
Section 43B
Before section 43B(1), insert:
(1AAA)
This section is subject to section 43AA.
Section 43C
Before section 43C(1), insert:
(1AAA)
This section is subject to section 43AA.
Section 43D
Before section 43D(1), insert:
(1AAA)
This section is subject to section 43AA.
Section 43E
Before section 43E(1), insert:
(1AAA)
This section is subject to section 43AA.
Section 58JA
In the heading to section 58JA, replace “31 December 2027”
with “specified transition date”
.
In section 58JA, replace “31 December 2027”
with “the specified transition date”
.
Section 79
Repeal section 79.
Subpart 5B heading in Part 5
In Part 5, in the subpart 5B heading, replace “31 December 2027”
with “specified transition date”
.
Section 80O
In section 80O, definition of exemption, replace “31 December 2027”
with “specified transition date”
.
Section 80P
In the heading to section 80P, replace “31 December 2027”
with “specified transition date”
.
In section 80P(1), replace “31 December 2027”
with “the specified transition date”
.
Section 95A
Repeal section 95A(9) and the heading above it.
Section 104
In section 104(1)(a), after “activity”
, insert “; subject to subsection (1A)”
.
After section 104(1)(b)(v), insert:
(va)
a transitional national rule.
After section 104(1), insert:
(1A)
A consent authority must not have regard to any of the following effects of allowing the activity:
(a)
the internal and external layout of buildings on a site (for example, the provision of private open space):
(b)
negative effects of development on trade competitors, including on competing providers of input goods and services:
(c)
retail distribution effects:
(d)
the demand for or financial viability of a project:
(e)
the following matters:
(i)
the type of residential use; and
(ii)
the social and economic status of future residents of a new development:
(f)
views from private property:
(g)
effects on landscape, excluding—
(i)
areas of high natural character within the coastal environment, wetlands, lakes, rives, and their margins:
(ii)
outstanding natural landscapes and features:
(iii)
sites of significant historic heritage:
(iv)
sites of significance to Maori:
(v)
effects on natural hazards:
(vi)
contaminated land.
(1B)
When forming an opinion for the purposes of subsection (1)(a), the consent authority may disregard a national environmental standard or a plan or proposed plan to the extent that it regulates or purports to regulate an effect described in subsection (1A).
(1C)
If there is any conflict between a national environmental standard and a transitional national rule, the rule prevails.
(1D)
The consent authority must consider the extent to which its decision on a resource consent application is consistent with—
(a)
any relevant regional spatial plan; or
(b)
any relevant future development strategy published before the notification of that plan.
Sections 108A and 109
Replace sections 108A and 109 with:
109 Local authority, consent authority, or EPA may require financial assurance
(1)
A local authority, a consent authority, or the EPA may require a person undertaking a particular activity to provide a financial assurance.
(2)
A consent authority may include a condition in a resource consent that requires a person undertaking a particular activity to provide a financial assurance.
(3)
The purpose of a financial assurance is to provide security for the costs and expenses of remediation or clean-up in connection with a particular activity.
(4)
If the local authority, consent authority, or the EPA requires a person to provide a financial assurance, the local authority, the consent authority, or the EPA must notify the person in writing of the form and amount of the financial assurance.
(5)
If a person is given notice under subsection (4), the person must provide the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 674
109A Form of financial assurance
(1)
A local authority, a consent authority, or the EPA may require a financial assurance to be provided—
(a)
as a bond; or
(b)
as a form of insurance; or
(c)
in any other form specified by the local authority or the EPA.
(2)
Sections 109B and 109C apply in relation to bonds under this section.
Compare: 2023 No 46 s 675
109B Bonds
(1)
A bond may be given for the performance of any 1 or more conditions the local authority, the consent authority, or the EPA considers appropriate and may continue after the expiry of the resource consent or other permission to secure the ongoing performance of conditions relating to long-term effects, including—
(a)
a condition relating to the alteration or removal of structures:
(b)
a condition relating to remedial, restoration, or maintenance work:
(c)
a condition providing for ongoing monitoring of long-term effects.
(2)
A condition describing the terms of the bond to be entered into may—
(a)
require that the bond be given before the resource consent or permission is exercised or at any other time:
(b)
require that section 109C apply to the bond:
(c)
provide that the liability of the holder of the resource consent or permission not be limited to the amount of the bond:
(d)
require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent or permission:
(e)
require the holder of the resource consent or permission to provide any security that the local authority, the consent authority, or the EPA thinks fit for the performance of any condition of the bond:
(f)
require the holder of the resource consent or permission to provide a guarantor (acceptable to the local authority, the consent authority, or the EPA) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
(g)
provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the local authority, the consent authority, or the EPA.
(3)
If a local authority, a consent authority, or the EPA considers that an adverse effect may continue or arise at any time after the expiration of a resource consent or permission granted by it, the local authority, the consent authority, or the EPA may require that a bond continue for a specified period that the local authority, the consent authority, or the EPA thinks fit.
Compare: 2023 No 46 s 676; 1991 No 69 s 108A
109C Special provisions in respect of bonds
(1)
A bond given under section 109B in respect of a land use consent or subdivision consent, and any other bond to which this subsection is applied as a condition of the consent,—
(a)
is to be treated as an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered accordingly; and
(b)
when registered under the Land Transfer Act 2017, is a covenant running with the land and, despite anything to the contrary in that Act, binds all subsequent owners of the land.
(2)
If the registered bond is varied, cancelled, or expires, the Registrar-General of Land must make an appropriate entry in the register and on any relevant instrument of title noting that the bond has been varied or cancelled or has expired, and the bond takes effect as so varied or ceases to have any effect, as the case may be.
(3)
If the bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the local authority, the consent authority, or the EPA may from time to time, under section 171 of the Local Government Act 2002, enter on the land where the work is required to be, is being, or has been carried out.
(4)
If the holder fails, within the period prescribed by the resource consent or other permission (or within any further period that the local authority, the consent authority, or the EPA may allow), to complete, to the satisfaction of the local authority, the consent authority, or the EPA, any work in respect of which any bond is given (including completion of any interim monitoring required),—
(a)
the local authority, the consent authority, or the EPA may enter on the land and complete the work and recover the cost of the work from the holder out of any money or securities deposited with the local authority, the consent authority, or the EPA or money paid by a guarantor, so far as the money or securities will extend; and
(b)
on completion of the work to the satisfaction of the local authority, the consent authority, or the EPA, any money or securities remaining in the hands of the local authority, the consent authority, or the EPA after payment of the cost of the works must be returned to the holder or the guarantor, as the case may be.
(5)
If the cost of any work done by the local authority, the consent authority, or the EPA under subsection (4) exceeds the amount recovered by the local authority, the consent authority, or the EPA under that subsection, the amount of that excess is a debt due to the local authority, the consent authority, or the EPA by the holder, and becomes a charge on the land.
(6)
The provisions of this Part continue to apply despite the entry into, or subsequent variation or cancellation of, any bond.
Compare: 2023 No 46 s 677
109D Amount of financial assurance
The local authority, the consent authority, or the EPA may determine the amount of a financial assurance, having regard to—
(a)
a reasonable estimate of the costs and expenses of remediation or clean-up activities for the particular activity; and
(b)
any method for calculating the amount of financial assurances published by the local authority, the consent authority, or the EPA; and
(c)
any independent assessment obtained by the local authority, the consent authority, or the EPA; and
(d)
any guidance issued by the chief executive of the Ministry for the Environment.
Compare: 2023 No 46 s 678
109E Independent assessment of amount of financial assurance
(1)
For the purpose of determining the amount of a financial assurance, the local authority, the consent authority, or the EPA may require a person to provide an independent assessment of a matter within a period specified by the local authority, the consent authority, or the EPA.
(2)
If the local authority, the consent authority, or the EPA requires a person to provide an independent assessment under subsection (1), the person must pay any costs associated with obtaining the independent assessment.
(3)
An independent assessment required by the local authority, the consent authority, or the EPA under subsection (1) must be conducted by a suitably qualified person.
Compare: 2023 No 46 s 679
109F Method for calculating financial assurance amount
(1)
The local authority, the consent authority, or the EPA may publish a method for calculating financial assurance amounts.
(2)
The method takes effect on the day notice is published or on any later day if specified in the notice.
(3)
The local authority, the consent authority, or the EPA must publish the method on the internet site of the local authority, the consent authority, or the EPA, as the case may be.
Compare: 2023 No 46 s 680
109G Costs associated with financial assurance
A person who is required to provide a financial assurance is responsible for all reasonable costs incurred by the local authority, the consent authority, or the EPA that are associated with—
(a)
providing the financial assurance; and
(b)
determining the form and amount of a financial assurance.
Compare: 2023 No 46 s 681
109H Local authority, consent authority, or EPA may review financial assurance
(1)
The local authority, the consent authority, or the EPA may review—
(a)
the requirement for a person to provide a financial assurance:
(b)
the amount of a financial assurance:
(c)
the form of a financial assurance.
(2)
The local authority, the consent authority, or the EPA may review a financial assurance in any case or class of cases prescribed by regulations.
Compare: 2023 No 46 s 682
109I Local authority, consent authority, or EPA may amend financial assurance
(1)
The local authority, the consent authority, or the EPA may, subject to subsection (2), amend—
(a)
the form of a financial assurance:
(b)
the amount of a financial assurance:
(c)
the form and the amount of a financial assurance.
(2)
If, following a review, the local authority, the consent authority, or the EPA proposes to amend a financial assurance, the local authority, the consent authority, or the EPA must—
(a)
notify in writing the person who provided the financial assurance; and
(b)
invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 working days after the date of notice; and
(c)
consider any submissions from the person who provided the financial assurance.
(3)
If the local authority, the consent authority, or the EPA decides to amend a financial assurance, the local authority, the consent authority, or the EPA must notify the person in writing of the decision.
(4)
On amending a financial assurance, the local authority, the consent authority, or the EPA—
(a)
may make any changes the local authority, the consent authority, or the EPA considers necessary to implement that amendment in an instrument or a document; and
(b)
despite anything to the contrary in this Act, may make any changes the local authority, the consent authority, or the EPA considers necessary to implement the amendment in a resource consent or other permission under this Act by complying only with this section.
(5)
If a person is given notice under subsection (3) and is required to provide a further form, amount, or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 683
109J Local authority, consent authority, or EPA may make claim on financial assurance
(1)
This section applies if—
(a)
the local authority, the consent authority, or the EPA determines that the person who provided a financial assurance has failed to conduct the remediation or clean-up activities required by this Act or regulations made under a relevant empowering provision in this Act; or
(b)
the local authority, the consent authority, or the EPA has exercised clean-up powers in connection with the particular activity that the financial assurance was provided in relation to.
(2)
The local authority, the consent authority, or the EPA may make a claim on a financial assurance for any reasonable costs incurred, or that the local authority, the consent authority, or the EPA considers are likely to be incurred, by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities.
(3)
The local authority, the consent authority, or the EPA may make a claim on a financial assurance with respect to a power specified in subsection (1)(b) whether or not any costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities are the result of an act or omission before the financial assurance was provided.
(4)
If the local authority, the consent authority, or the EPA makes a claim under this section and the costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities exceed the amount of the financial assurance, the local authority, the consent authority, or the EPA may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities.
(5)
If the local authority, the consent authority, or the EPA makes a claim under this section, nothing in this Part prevents the local authority, the consent authority, or the EPA from making a further claim for reasonable costs incurred, or that the local authority, the consent authority, or the EPA considers are likely to be incurred, in conducting clean-up or remediation activities.
(6)
Any money recovered under this section is to be paid to the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 684
109K Procedure for claim on financial assurance in the event of person’s failure to remediate or clean up
(1)
Before the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in section 109J, the local authority, the consent authority, or the EPA must—
(a)
notify in writing the person who provided the financial assurance; and
(b)
invite the person who provided the financial assurance to make a submission on the local authority’s, the consent authority’s, or the EPA’s intention to make a claim within 20 working days of the date of the notice; and
(c)
consider any submissions made within the period specified in paragraph (b).
(2)
The local authority, the consent authority, or the EPA may proceed with the claim 10 working days after the day the local authority, the consent authority, or the EPA receives any submissions or within the period specified in subsection (1)(b), whichever occurs first.
(3)
The local authority, the consent authority, or the EPA must notify the person who provided the financial assurance of a decision under subsection (2) in writing within 5 working days after the day of the decision.
Compare: 2023 No 46 s 685
109L Procedure for claim on financial assurance in the event of immediate or serious risk
If the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in section 109J that involves an immediate or serious risk to life or the environment, the local authority, the consent authority, or the EPA must—
(a)
notify the person who provided the financial assurance in writing within 10 working days of the date of the claim; and
(b)
give reasons for making the claim.
Compare: 2023 No 46 s 686
109M Notice to replenish financial assurance
(1)
If the local authority, the consent authority, or the EPA makes a claim on a financial assurance, the local authority, the consent authority, or the EPA may require the person who provided the financial assurance to replenish the amount of the financial assurance by giving notice in writing.
(2)
A notice under subsection (1) must set out the amount the person is required to provide to replenish the amount of the financial assurance consequent to the claim.
(3)
If a person is given notice under subsection (1), the person must provide the amount required to replenish the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 687
109N Specified conditions for release of financial assurance
(1)
The local authority, the consent authority, or the EPA must release all or part of a financial assurance (as the case requires) in any case or class of cases prescribed by the national planning framework.
(2)
If the local authority, the consent authority, or the EPA releases all or part of a financial assurance, the local authority, the consent authority, or the EPA must notify the person who provided the financial assurance in writing.
Compare: 2023 No 46 s 688
109O Application for release of financial assurance
(1)
A person who provides a financial assurance under this subpart may apply at any time to the local authority, the consent authority, or the EPA for the release of all or part of the financial assurance.
(2)
In considering an application under subsection (1), the local authority, the consent authority, or the EPA must—
(a)
have regard to the prescribed risk-assessment criteria (if any); and
(b)
notify the person of the local authority’s, the consent authority’s, or the EPA’s decision within 40 working days after the date the application is received.
(3)
If, in considering an application under subsection (1), the local authority, the consent authority, or the EPA determines that further information is required, the local authority, the consent authority, or the EPA may—
(a)
request the person to provide further information; and
(b)
extend the period specified in subsection (2)(b).
Compare: 2023 No 46 s 689
109P Transfer of financial assurance
(1)
The local authority, the consent authority, or the EPA may transfer a financial assurance if—
(a)
a person is required to provide a financial assurance under section 109; and
(b)
that financial assurance may be released or partly released to the person under section 109N or 109O; and
(c)
the person is required to provide another financial assurance under section 109.
(2)
The local authority, the consent authority, or the EPA must notify the person in writing of a decision to transfer a financial assurance.
(3)
On transferring a financial assurance, the local authority, the consent authority, or the EPA may make any changes the local authority, the consent authority, or the EPA considers necessary to implement the transfer in an instrument or a document.
(4)
If a person is given notice under subsection (2) and is required to provide a further amount as a financial assurance, the person must provide the further amount of the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 690
109Q Enforcement of financial assurance
(1)
A person must not refuse or fail to do any of the following within the specified period:
(a)
provide a financial assurance:
(b)
provide a further amount as a financial assurance following amendment by the local authority, the consent authority, or the EPA:
(c)
replenish the amount of a financial assurance consequent to a claim on the financial assurance.
(2)
If a person refuses or fails to fulfil a requirement specified in subsection (1) when it is due, the local authority, the consent authority, or the EPA may suspend the relevant resource consent or other permission until the person fulfils the requirement.
Compare: 2023 No 46 s 691
Adverse publicity orders
109R Adverse publicity orders
(1)
An order under this section (an adverse publicity order) to address non-compliance with this Act may—
(a)
be made by the Environment Court in enforcement proceedings on application by the local authority or the EPA; or
(b)
be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor; or
(c)
be offered by the consent holder as part of an enforceable undertaking.
(2)
An adverse publicity order may require the consent holder or another person involved in the commission of the non-compliance to do 1 or more of the following:
(a)
take any specified action to publicise—
(i)
the non-compliance:
(ii)
any impacts on human health or the environment or other consequences arising or resulting from the non-compliance:
(iii)
if applicable, any penalties imposed, or other orders made, by the court as a result of the commission of the non-compliance:
(iv)
any specified additional information:
(b)
take any specified action to notify a specified person or class of persons of the matters listed in paragraph (a).
(3)
Any person against whom an adverse publicity order is made by the Environment Court or District Court may appeal to the High Court against the whole or any part of the order.
(4)
Notice of an appeal must be in the prescribed form and must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations; and
(c)
be lodged with the Environment Court and served on the consent holder and the local authority or the EPA (as applicable) within 15 working days after service of the order on the appellant.
(5)
The High Court may confirm or reverse the order appealed against or modify the order in any manner that the court thinks fit.
(6)
If any question arises as to whether non-compliance with this Act has been established, the question must be determined on the balance of probabilities.
(7)
If an appeal is lodged against an adverse publicity order, the order is stayed until the appeal is determined.
(8)
In this section, non-compliance includes alleged non-compliance in the case of an enforceable undertaking.
Compare: 2023 No 46 s 673
Section 168A
After section 168A(2A), insert:
(2B)
When considering a requirement and any submissions received, a territorial authority must have regard to a transitional national rule under the Planning Act 2025.
After section 168A(3)(a)(i), insert:
(ia)
a transitional national rule under the Planning Act 2025 or the Natural Environment Act 2025, as applicable.
(3B)
Despite subsection (2B), when considering the effects on the environment of allowing the requirement under subsection (3), the territorial authority must not have regard to any effects described in section 104(1A).
Section 171
After section 171(1)(a)(i), insert:
(ia)
a transitional national rule under the Planning Act 2025:
After section 171(1B), insert:
(1C)
Despite subsection (1B), when considering the effects on the environment of allowing the requirement under subsection (3), the territorial authority must not have regard to any effects described in section 104(1A).
(1D)
If there is any conflict between a national environmental standard and a transitional national rule, the rule prevails.
Section 332
In section 332(1), after “dwellinghouse”
, insert “or marae”
.
Replace section 332(2) with:
(2)
An enforcement officer may—
(a)
collect records of their inspection (including measurements, notes, sketches, drawings, photographs, and video recordings); and
(b)
take samples of water, air, soil, or organic matter.
After section 332(6), insert:
(7)
In this section, enforcement officer means a person appointed by a local authority or the EPA to perform and exercise the functions, powers, or duties of an enforcement office under this section.
Section 334
Replace section 334(1) with:
(1)
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made by a constable or enforcement officer in the manner provided in subpart 3 of Part 4 of that Act, may issue a warrant authorising the entry and search of any place or vehicle if satisfied that there is reasonable ground for believing that there is in, on, under, or over any place or vehicle anything—
(a)
in respect of which an offence has been or is suspected of having been committed against this Act or regulations made under this Act that is punishable by imprisonment; or
(b)
that there is reasonable ground to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
(c)
that there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment.
Section 335
Replace section 335 with:
335 Direction and execution of warrant for entry for search
(1)
If a warrant authorises the entry and search of a dwellinghouse or marae, it must be directed to and executed by any constable generally.
(2)
Except as provided in subsection (1), every search warrant issued under section 334 must be directed to any constable generally or enforcement officer generally.
(3)
An enforcement officer must be accompanied by a constable during the initial entry of the place or vehicle to be searched.
(4)
Subject to the agreement of the enforcement officer, the constable may leave the place or vehicle at any time after the initial execution of the search warrant.
Compare: 2023 No 46 s 731; 1991 No 69 s 335
Section 338
After section 338(1)(d), insert:
(e)
an adverse publicity order under section 109R.
Section 339
Replace section 339(1) with:
(1)
A person who commits an offence against section 338(1), (1A), or (1B) is liable on conviction,—
(a)
in the case of a natural person, to imprisonment for a term not exceeding 18 months or a fine not exceeding $1,000,000:
(b)
in the case of a person other than a natural person, to a fine not exceeding $10,000,000.
In section 339(2), replace “$10,000”
with “$15,000”
.
In section 339(2), replace “$1,000”
with “$1,500”
.
In section 339(3), replace “$1,500”
with “$5,000”
.
Section 342A
Replace section 342A(2) with:
(2)
A person must not—
(a)
enter into, or offer to enter into, a contract described in subsection (1); or
(b)
through a contract of insurance—
(i)
indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or
(ii)
be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or
(iii)
pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
Part 2Amendments to RMA relating to Planning Tribunal commencing on appointed date (see Schedule 1 clause 34(1))
Section 2
In section 2(1), insert in its appropriate alphabetical order,—
Planning Tribunal means the Planning Tribunal established under clause 2 of Schedule 10 of the Planning Act 2025
Section 357
In the heading to section 357, after “against”
, insert “or review of”
.
In section 357(1), (6), and (7), replace “objection to the territorial authority”
with “of review by the Planning Tribunal”
.
In section 357(3), replace “objection to the consent authority”
with “review by the Planning Tribunal”
.
After section 357(9), insert:
(10)
A right of review by the Planning Tribunal conferred by this section or section 357A—
(a)
may be exercised by applying to the tribunal in the approved form in accordance with Schedule 10 of the Planning Act 2025; and
(b)
when that application is made—
(i)
sections 357C to 358 of this Act cease to apply to the person; and
(ii)
Schedule 10 of the Planning Act 2025 applies instead (with any necessary modifications).
Section 357A
In the heading to section 357A, replace “consent authority against”
with “or review of”
.
In section 357A(1), replace “objection to a consent authority”
with “review by a Planning Tribunal”
.
In section 357A(1)(a), replace “that authority”
with “a consent authority”
.
Repeal section 357A(1)(e).
After section 357A(1), insert:
(1A)
There is a right of objection to a consent authority, in respect of a decision of the authority under section 87E(5) to (6A), for a person who made a request under section 87D.
Part 3Amendments to Local Government (Auckland Council) Act 2009 commencing at end of transition period
Section 45
In section 45(b)(ii), replace “requiring authority under section 167 of the Resource Management Act 1991”
with “designating authority under clause 10 of Schedule 5 of the Planning Act 2025”
.
Section 47
In the heading to section 47, replace “requiring authority”
with “designating authority”
.
In section 47(1), replace “requiring authority, as a network utility operator, under section 167 of the Resource Management Act 1991”
with “designating authority and core infrastructure operator under clause 10 of Schedule 5 of the Planning Act 2025”
.
In section 47(2), replace “Part 8 of the Resource Management Act 1991”
with “Schedule 5 of the Planning Act 2025”
.
In section 47(2)(a), replace “network utility operation within the meaning of section 166 of that Act”
with core infrastructure operation within the meaning of “clause 10 of Schedule 5 of the Planning Act 2025”
.
In section 47(3), replace “section 180(1) of the Resource Management Act 1991”
with “clause 50(1) of Schedule 5 of the Planning Act 2025”
.
Section 48
In section 48(3)(a), replace “section 186 of the Resource Management Act 1991”
with “clause 53(5) and (6) of Schedule 5 of the Planning Act 2025”
.
Replace section 48(5) with:
(5)
Subsection (4) prevails over clauses 53 and 54(2) and (4) of Schedule 5 of the Planning Act 2025
Part 4Other Acts and further legislation amended (commencing on specified transition date (s2(1)(b)(vi))
Conservation Act 1987 (1987 No 65)
In section 17P(1), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2025, or the Planning Act 2025”
.
In section 17P(2), after “Resource Management Act 1991”
, insert “and sections 18 and 19 and Schedule 7 of the Planning Act 2025”
.
In section 39(6A)(a), after “Resource Management Act 1991”
, insert “or the Natural Environment Act 2025”
.
Replace section 39(6A)(b) with:
(b)
allowed by—
(i)
a national environmental standard as defined in section 2(1) of the Resource Management Act 1991; or
(ii)
a national standard under subpart 5 of Part 2 of the Natural Environment Act 2025; or
In section 39(6A)(c), after “Resource Management Act 1991”
, insert “or the Natural Environment Act 2025”
.
Replace section 39(6A)(d) with:
(d)
a permitted activity—
(i)
in the relevant regional plan and any proposed regional plan, if there is one, under the Resource Management Act 1991; or
(ii)
in the relevant regional coastal plan and any proposed regional coastal plan, if there is one, under the Natural Environment Act 2025.
After section 39(6B), insert:
(6C)
Subsection (6A) does not apply if the proposed regional coastal plan is notified under the Natural Environment Act 2025 within the transitional period and has not come into effect within that period.
Crown Minerals Act 1991 (1991 No 70)
After section 41C(3)(aa)(iii), insert:
(iv)
Natural Environment Act 2025; and
In section 61(3) and 61B(3),—
(a)
after “Resource Management Act 1991”
, insert “or the Natural Environment Act 2025”
:
(b)
replace “(as defined in section 2(1) of that Act)”
with “(as defined in section 2(1) of the Resource Management Act 1991 or in section 3 of the Natural Environment Act 2025)”
.
In section 90E(3)(b)(ii), after “Resource Management Act 1991”
, insert “or the Natural Environment Act 2025”
.
Crown Organisations (Criminal Liability) Act 2002 (2002 No 37)
In section 8(5), replace “section 4(9) of the Resource Management Act 1991”
with “section 7(9) of the Natural Environment Act 2025 or section 6 of the Planning Act 2025”
.
Environment Act 1986 (1986 No 127)
In the Schedule, insert in their appropriate alphabetical order:
Natural Environment Act 2025
Planning Act 2025
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
After section 7(2)(k), insert:
(ka)
Natural Environment Act 2025:
(kb)
Planning Act 2025:
Replace section 116(3) with:
(3)
Part 6 of the Planning Act 2025 applies as if the application were made under section 234 of that Act.
Replace section 129(3) with:
(3)
Part 6 of the Planning Act 2025 applies as if the application were made under section 243 of that Act.
In section 131, replace “Sections 299 to 308 of the Resource Management Act 1991”
with “Clauses 79 to 88 of Schedule 4 of the Natural Environment Act 2025”
.
In section 158(6), replace “section 279(3)(a) of the Resource Management Act 1991”
with “clause 17 of Schedule 4 of the Natural Environment Act 2025”
.
In section 158(6), replace “section 279(3)(b) of the Resource Management Act 1991”
with “clause 17(1)(b) of Schedule 4 of the Natural Environment Act 2025”
.
In section 158B(4), definition of regulatory agency, after paragraph (a), insert:
(aa)
a permit authority as that term is defined in section 3 of the Natural Environment Act 2025:
Fast-track Approvals Act 2024 (2024 No 56)
In section 4(1), definition of specified Act, after paragraph (e), insert:
(ea)
the Natural Environment Act 2025:
(eb)
the Planning Act 2025:
In section 4(1), definition of specified Act, repeal paragraph (g).
Replace section 4(2)(a) with:
(a)
the Natural Environment Act 2025 or the Planning Act 2025, if they are defined in either of those Acts:
In section 4(2)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 or the Planning Act 2025”
.
In section 13(4)(i), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 and the Planning Act 2025”
.
In section 13(6), replace “notice of requirement”
with “proposed designation”
.
In section 18(2)(c), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2025, or the Planning Act 2025”
.
In section 21(5)(f), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 and the Planning Act 2025”
.
In section 21(7), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 or the Planning Act 2025”
.
In section 22(2)(a)(i), replace “spatial strategy”
with “regional spatial plan”
.
In section 22(2)(a)(iii), delete “(within the meaning of policy 1 of the National Policy Statement on Urban Development 2020)”
.
In section 22(2)(a)(x), replace “regional planning documents, including spatial strategies”
with “natural environment planning documents, including regional spatial plans”
.
In section 23(1)(a), replace—
(a)
“network utility operator”
with “core infrastructure operator”
:
(b)
“requiring authority”
with “designating authority”
.
In section 42(4)(a) to (d) and (5)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 or the Planning Act 2025”
.
In section 42(4)(d), replace “notice of requirement”
with “proposed designation”
.
In section 89(2)(a), replace “district plan and any proposed district plan”
with “land use plan and any proposed land use plan”
.
In Schedule 3, clause 5(1)(a), replace “notice of requirement”
with “proposed designations”
.
In Schedule 3, clause 5(1)(a), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2025, or the Planning Act 2025”
.
In the Schedule 5 heading, replace “Resource Management Act 1991”
with “Natural Environment Act 2025 and Planning Act 2025”
.
In Schedule 5, clause 1, replace the definition of coastal permit with:
coastal permit has the meaning given in section 127(a) of the Natural Environment Act 2025
In Schedule 5, clause 1, repeal the definition of notice of requirement.
In Schedule 5, clause 1, insert in its appropriate alphabetical order:
proposed designation means an application for an approval described in section 42(4)(d)
In Schedule 5, heading to clause 2, replace “notice of requirement”
with “proposed designation”
.
In Schedule 5, clause 2(1)(a)(i), replace “national policy statement”
with “national policy direction”
.
In Schedule 5, clause 2(1)(a)(ii), replace “national environmental standards”
with “national standards”
.
In Schedule 5, repeal clause 2(1)(a)(iii).
In Schedule 5, clause 5(1)(f), replace “notices of requirement for designations”
with “proposed designations”
.
In Schedule 5, replace clause 5(1)(g) with:
(g)
in the case of a natural resource permit application, an assessment of the activity against the goals in section 11 of the Natural Environment Act 2025; and
(ga)
in the case of a planning consent application, an assessment of the activity against the goals in section 11 of the Planning Act 2025; and
In Schedule 5, replace clause 5(2)(a) to (e) with:
(a)
a national policy direction:
(b)
a national standard:
(c)
regulations made under the Natural Environment Act 2025:
(d)
regulations made under the Planning Act 2025:
In Schedule 5, clause 5(3)(a), after “relevant”
, insert “directions, directives,”
.
In Schedule 5, clause 5(5)(a), delete “(so that a resource consent is not required for that activity under section 87A(1) of the Resource Management Act 1991)”
.
In Schedule 5, clause 8(1)(e) and (f), after “section 237A of the Resource Management Act 1991”
, insert “clause 10 of Schedule 6 of the Planning Act 2025”
.
In Schedule 5, clause 11(1)(c), replace “notices of requirement for designations”
with “proposed designations”
.
In Schedule 5, clause 11(1)(d), replace “district or regional plan, and any relevant national environmental standard”
with “land use plan or natural environment plan, and any relevant national standard”
.
In Schedule 5, heading to clause 12, replace “notice of requirement”
with “proposed designation”
.
In Schedule 5, clause 12(1)(a), (c), and (f)(i) and (4), replace “notice of requirement”
with “proposed designation”
.
In Schedule 5, clause 12(1)(b), before “environment”
, insert “built”
.
In Schedule 5, replace clause 12(1)(d) with:
(d)
an assessment of the project or work against—
(i)
in the case of a natural resource permit application, the goals in section 11 of the Natural Environment Act 2025; and
(ii)
in the case of a planning consent application, the goals in section 11 of the Planning Act 2025; and
In Schedule 5, clause 12(1)(f)(ii), replace “notice”
with “proposed designation”
.
In Schedule 5, clause 12(1)(f)(ii), (g), and (k), replace “requiring authority”
with “designating authority”
.
In Schedule 5, replace clause 12(2)(a) to (e) with:
(a)
a national policy direction:
(b)
a national standard:
(c)
regulations made under the Natural Environment Act 2025:
(d)
regulations made under the Planning Act 2025.
In Schedule 5, clause 13, after “Director-General of Conservation”
, insert “, in the case of a natural resource permit application”
.
In Schedule 5, clause 16(4), replace “Resource Management Act 1991”
with “Natural Environment Act 2025”
.
In Schedule 5, replace clause 17(1)(b) with:
(b)
the provisions of Parts 2 and 4 the Natural Environment Act 2025 and Parts 2, 4, and Schedule 5 of the Planning Act 2025 that direct decision making on an application for a consent; and
(ba)
in the case of a natural resource permit application, an assessment of the activity against the goals in section 11 of the Natural Environment Act 2025; and
(bb)
in the case of a planning consent application, an assessment of the activity against the goals in section 11 of the Planning Act 2025; and
In Schedule 5, clause 17(1)(c), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 or the Planning Act 2025”
.
In Schedule 5, repeal clause 17(2)(a).
In Schedule 5, clause 17(2)(b), replace “section 6(e) of the Resource Management Act 1991”
with “section 11(f) of the Natural Environment Act 2025 and section 11(1)(i) of the Planning Act 2025”
.
In Schedule 5, replace clause 17(2)(c) with:
(c)
to avoid doubt, for the purposes of subclause (1)(b), any existing or initiated Mana Whakahono ā Rohe or existing joint management agreement that is relevant to the approval is a relevant matter.
In Schedule 5, clause 17(3), replace “Resource Management Act 1991 (including, for example, section 87A(6))”
with “Natural Environment Act 2025 or the Planning Act 2025 (including, for example, section 33 of the Planning Act 2025)”
.
In Schedule 5, clause 17(7), replace “Sections 123 and 123A of the Resource Management Act 1991”
with “Sections 171 and 172 of the Natural Environment Act 2025 and sections 153 and 154 of the Planning Act 2025”
.
In Schedule 5, clause 18, replace “Parts 6, 9, and 10 of the Resource Management Act 1991”
with “Part 4 and Schedule 4 of the Natural Environment Act 2025 and sections 18 and 19 and Schedule 7 of the Planning Act 2025”
.
In Schedule 5, heading to clause 24, replace “notice of requirement”
with “proposed designation”
.
In Schedule 5, clause 24(1) and (2)(b), replace “notice of requirement”
with “proposed designation”
.
In Schedule 5, clause 24(1)(a)(ii), replace—
(a)
“Part 8 of the Resource Management Act 1991”
with “Schedule 5 of the Planning Act 2025”
:
(b)
“section 170”
with “clause 15 of Schedule 5 of that Act”
.
In Schedule 5, clause 24(1)(a)(iii), replace “Resource Management Act 1991”
with “Planning Act 2025”
.
In Schedule 5, replace clause 14(2) with:
(2)
For the purpose of applying any provisions in subclause (1), if the notice of requirement relates to an activity that is the subject of a determination under section 23 of this Act, the panel must treat the effects of the activity on the relevant land and on the rights or interests of Māori as a relevant matter under section 11 of the Planning Act 2025.
In Schedule 5, clause 25, replace “Part 8 of Resource Management Act 1991”
with “Schedule 5 of the Planning Act 2025”
.
In Schedule 5, replace clause 27(3) with:
(3)
The panel must not grant a certificate of compliance under the Planning Act 2025 if a notice for the activity is in force under section 177(1)(d) of that Act.
(4)
The panel must not grant a certificate of compliance under the Natural Environment Act 2025 if a notice for the activity is in force under section 199(1)(d) of that Act.
In Schedule 5, clause 28, replace “Section 139(7) of the Resource Management Act 1991”
with “Section 168(8) of the Planning Act 2025”
.
In Schedule 5, heading to clause 29, replace “outline plan”
with “construction project plan”
.
In Schedule 5, clause 29(a) and (b), replace “outline plan”
with “construction project plan”
.
In Schedule 5, clause 29(a), replace “section 176A of the Resource Management Act 1991”
with “clause 36 of Schedule 5 of the Planning Act 2025”
.
In Schedule 5, heading to clause 30, replace “district”
with “land use”
.
In Schedule 5, clause 30(2), replace “Schedule 1 of the Resource Management Act 1991”
with “Schedule 3 of the Planning Act 2025”
.
In Schedule 5, clause 30(2)(a) and (3), replace “district”
with “land use”
in each place.
In Schedule 5, clause 30(2)(b), replace “requiring authority”
with “designating authority”
.
In Schedule 5, clause 31(1)(d) and (3)(a) and (b), replace “district”
with “land use”
in each place.
In Schedule 5, clause 31(2)(a) and (3)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2025”
.
In Schedule 5, clause 31(2)(b), replace “Resource Management Act 1991”
with “Planning Act 2025”
.
In Schedule 5, clause 31(3)(b),—
(a)
after “certificate of compliance granted”
, insert “under the Natural Environment Act 2025 or the Planning Act 2025”
:
(b)
replace “Resource Management Act 1991”
with “Planning Act 2025”
.
In Schedule 5, clause 31(4), replace “section 116A of the Resource Management Act 1991”
with “section 170 of the Natural Environment Act 2025”
.
In Schedule 5, clause 31(5)(a), replace “section 125(1A) or 184 of the Resource Management Act 1991”
with “section 174(2) or 184 of the Natural Environment Act 2025 or clause 49 of Schedule 5 of the Planning Act 2025”
.
In Schedule 5, clause 31(5)(b), replace “section 127 of the Resource Management Act 1991”
with “section 185 of the Natural Environment Act 2025 or section 167 of the Planning Act 2025”
.
In Schedule 5, clause 32, replace “Section 178(2) to (6) of the Resource Management Act 1991”
with “clause 5 of Schedule 5 of the Planning Act 2025”
.
In Schedule 5, heading to clause 36, replace “Resource Management Act 1991”
with “Natural Environment Act 2025”
.
In Schedule 5, clause 36, replace “sections 114(6), 127(3A), and 128(3) of the Resource Management Act 1991”
with “sections 133(2), 177(2), 185(4), and 186(4) of the Natural Environment Act 2025”
.
In Schedule 10, clause 3(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2025 and the Planning Act 2025”
.
In Schedule 12, clause 3(1), replace “section 168A(3)(b) or 171(1)(b) of the Resource Management Act 1991”
with “clause 24(2)(a) of Schedule 5 of the Planning Act 2025”
.
Land Transport Management Act 2003 (2003 No 118)
After section 14(a)(ii), insert:
(iii)
is consistent with the regional spatial plan that is in force for the region under the Planning Act 2025 to the extent that—
(A)
the regional spatial plan is relevant to the content of the regional land transport plan; and
(B)
consistency with the regional spatial plan does not prevent compliance with subparagraph (i) or (ii); and
After section 67(1)(b)(ii), insert:
(iii)
any relevant regional spatial plan that is in force under the Planning Act 2025; and
Local Government Act 2002 (2002 No 84)
After section 76AA(5), insert:
(5A)
Despite what may be set out in a policy adopted under this section, public engagement on matters provided for in a regional spatial plan under the Planning Act 2025 must be limited to options for dealing with those matters in a way that is consistent with the spatial plan.
In section 174(5)(b), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2025, or the Planning Act 2025”
.
In the heading to section 222, after “Resource Management Act 1991”
, insert “, Planning Act 2025,”
.
In section 222, after “Resource Management Act 1991,”
, insert “the Planning Act 2025,”
.
In Schedule 10, after clause 1, insert:
1A Implementation of regional spatial plan
(1)
A long-term plan must set out steps to implement or progress the actions identified in the relevant regional spatial plan for which the local authority is a lead under the Planning Act 2025.
(2)
The steps must provide for the local authority to implement or progress the actions in a way that the local authority considers appropriate, having regard to competing demands and any other relevant circumstances.
(3)
The steps must provide for the local authority to implement or progress the actions only to the extent that the local authority is reasonably able to do so—
(a)
in the period covered by the long-term plan; and
(b)
consistently with the local authority’s role, functions, duties, and powers under this Act and any other legislation.
In Schedule 10, after clause 26, insert:
26A Statement on implementation of regional spatial strategy
An annual report must include a statement that sets out—
(a)
the steps that the local authority has taken to implement or progress the actions identified in the relevant regional spatial plan for which the local authority is a lead under the Planning Act 2025; and
(b)
the steps that the local authority intended to take (but has not taken) to implement or progress the actions and an explanation of why the local authority has not taken them.
Local Government (Water Services) Act 2025 (2025 No 42)
In section 4, repeal the definition of district plan.
In section 4, insert in its appropriate alphabetical order:
land use plan has the same meaning given in section 7(1) of the Planning Act 2025
In section 70(3)(c) and 71(7)(c), replace “district plan prepared under the Resource Management Act 1991”
with “land use plan prepared under the Planning Act 2025”
.
After section 141(3)(a), insert:
(aa)
grant a permit under the Natural Environment Act 2025; or
(ab)
grant a consent under the Planning Act 2025; or
Replace section 209(1)(b) with:
(b)
without a resource consent required under the Natural Environment Act 2025 or a planning consent required under the Planning Act 2025.
Reserves Act 1977 (1977 No 66)
In section 14(2), replace—
(a)
“a district plan”
with “a land use plan”
:
(b)
“district plan under the Resource Management Act 1991”
with “land use plan under Part 3 of the Planning Act 2025”
.
In section 15(2), replace “district plan under the Resource Management Act 1991”
with “land use plan under Part 3 of the Planning Act 2025”
.
In section 15AA(1)(a)(i), replace “resource consent under section 88(1) and (1A) of the Resource Management Act 1991 (the RMA)”
with “planning consent under section 111 of the Planning Act 2025”
.
In section 15AA(1)(a)(ii), replace—
(a)
“district”
with “land use”
:
(b)
“section 65(4) and (4A) or 73(2) and (2A) of the RMA”
with “clause 49 of Schedule 3 of the Planning Act 2025”
.
In section 15AA(1)(c), (2)(c), (3)(c), and (5)(a), replace “RMA”
with “Planning Act 2025”
.
In section 15AA(2)(a)(i), replace “section 88(6)(a) of the RMA”
with “section 111 of the Planning Act 2025”
.
In section 15AA(2)(a)(ii), replace “section 95A of the RMA”
with “section 124 of the Planning Act 2025”
.
In section 15AA(2)(b), replace “resource consent”
with “planning consent”
.
In section 15AA(2)(c), replace “resource consent”
with “planning consent”
.
Replace section 15AA(3)(a) with:
(a)
the application to exchange the recreation reserve land has been processed in accordance with section 111(2)(a) of the Planning Act 2025; and
After section 16(2A)(g), insert:
(h)
created under Schedule 7 of the Planning Act 2025—
In section 16(5)(b), replace “district plan under the Resource Management Act 1991”
with “land use plan under the Planning Act 2025”
.
In section 23(2)(a), second proviso, after “Part 10 of the Resource Management Act 1991”
, insert “or under Schedule 7 of the Planning Act 2025”
.
In section 24(7), replace “Resource Management Act 1991”
with “Planning Act 2025”
.
Replace section 24A(3)(a) with:
(a)
the operative land use plan in force under the Planning Act 2025 for the region in which the reserve is situated:
In section 48(1), replace “Resource Management Act 1991”
with “Planning Act 2025”
.
In section 53(1)(i) and (j), replace “Resource Management Act 1991”
with “Planning Act 2025”
.
In section 55(1)(d) and (2)(f), replace “Resource Management Act 1991”
with “Planning Act 2025”
.
In section 56(3)(b), after “Resource Management Act 1991”
, insert “or planning consent in accordance with Part 4 of the Planning Act 2025.”
Replace section 58A(3)(b) with:
(b)
is made following the granting of the following by the territorial authority or regional council:
(i)
any appropriate resource consent in accordance with Part 6 of the Resource Management Act 1991:
(ii)
any appropriate natural resource permit in accordance with Part 4 of the Natural Environment Act 2025:
(iii)
any appropriate planning consent in accordance with Part 4 of the Planning Act 2025.
Soil Conservation and Rivers Control Act 1941 (1941 No 12)
In section 10A, after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2025, or the Planning Act 2025”
.
Water Services Act 2021 (2021 No 36)
In section 3(1)(b), after “regulations made under that Act,”
, insert “the Natural Environment Act 2025, regulations and standards made under that Act,”
.
In section 41, after “regulations made under that Act,”
, insert “the Natural Environment Act 2025, regulations and standards made under that Act,”
.
In the heading to section 65, after “Resource Management Act 1991”
, insert “or Part 3 of Natural Environment Act 2025”
.
In section 65(1), after “Resource Management Act 1991”
, insert “or Part 3 of the Natural Environment Act 2025”
.
In section 66(1), after “Resource Management Act 1991”
, insert “or Part 3 of the Natural Environment Act 2025”
.
In section 67, after “Resource Management Act 1991”
, insert “or Part 3 of the Natural Environment Act 2025”
.
In section 141(a)(ii), after “resource consent”
, insert “or natural resource permit under the Natural Environment Act 2025”
.
In section 147(1)(b), after “resource consent”
, insert “or natural resource permit under the Natural Environment Act 2025”
.
Resource Management (Infringement Offences) Regulations 1999
In Schedule 1, in the heading to column 3, replace “(individual)”
with “(natural person)”
.
In Schedule 1, in the heading to column 4, replace “(company)”
with “(other person)”
.
Schedule 12 Statutory acknowledgements
ss 125, 128
Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008
Ahuriri Hapū Claims Settlement Act 2021
Heretaunga Tamatea Claims Settlement Act 2018
Hineuru Claims Settlement Act 2016
Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018
Maniapoto Claims Settlement Act 2022
Maraeroa A and B Blocks Claims Settlement Act 2012
Maungaharuru-Tangitū Hapū Claims Settlement Act 2014
Moriori Claims Settlement Act 2021
Ngaa Rauru Kiitahi Claims Settlement Act 2005
Ngāi Tahu Claims Settlement Act 1998
Ngāi Tai ki Tāmaki Claims Settlement Act 2018
Ngai Tāmanuhiri Claims Settlement Act 2012
NgāiTakoto Claims Settlement Act 2015
Ngāruahine Claims Settlement Act 2016
Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014
Ngāti Apa (North Island) Claims Settlement Act 2010
Ngāti Awa Claims Settlement Act 2005
Ngāti Hauā Claims Settlement Act 2014
Ngāti Hinerangi Claims Settlement Act 2021
Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Act 2022
Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014
Ngāti Koroki Kahukura Claims Settlement Act 2014
Ngāti Kuri Claims Settlement Act 2015
Ngāti Mākino Claims Settlement Act 2012
Ngāti Manawa Claims Settlement Act 2012
Ngāti Manuhiri Claims Settlement Act 2012
Ngāti Maru (Taranaki) Claims Settlement Act 2022
Ngāti Mutunga Claims Settlement Act 2006
Ngāti Pāhauwera Treaty Claims Settlement Act 2012
Ngāti Pāoa Claims Settlement Act 2025
Ngati Porou Claims Settlement Act 2012
Ngāti Pūkenga Claims Settlement Act 2017
Ngāti Rangi Claims Settlement Act 2019
Ngāti Rangiteaorere Claims Settlement Act 2014
Ngāti Rangitihi Claims Settlement Act 2022
Ngāti Rangiwewehi Claims Settlement Act 2014
Ngati Ruanui Claims Settlement Act 2003
Ngati Tama Claims Settlement Act 2003
Ngāti Tamaoho Claims Settlement Act 2018
Ngati Toa Rangatira Claims Settlement Act 2014
Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005
Ngāti Tūwharetoa Claims Settlement Act 2018
Ngāti Whare Claims Settlement Act 2012
Ngāti Whātua o Kaipara Claims Settlement Act 2013
Ngāti Whātua Ōrākei Claims Settlement Act 2012
Ngatikahu ki Whangaroa Claims Settlement Act 2017
Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
Pouakani Claims Settlement Act 2000
Rangitāne o Manawatu Claims Settlement Act 2016
Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act 2017
Raukawa Claims Settlement Act 2014
Rongowhakaata Claims Settlement Act 2012
Tapuika Claims Settlement Act 2014
Taranaki Iwi Claims Settlement Act 2016
Te Arawa Lakes Settlement Act 2006
Te Atiawa Claims Settlement Act 2016
Te Aupouri Claims Settlement Act 2015
Te Kawerau ā Maki Claims Settlement Act 2015
Te Korowai o Wainuiārua Claims Settlement Act 2025
Te Rarawa Claims Settlement Act 2015
Te Roroa Claims Settlement Act 2008
Te Uri o Hau Claims Settlement Act 2002
Waitaha Claims Settlement Act 2013
Whakatōhea Claims Settlement Act 2024
"Related Legislation
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Planning Bill
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