This order is the Canterbury Earthquake (Resource Management Act Port of Lyttelton Recovery) Order 2011.

This order comes into force on 27 May 2011.

This order expires on the expiry of the Canterbury Earthquake Recovery Act 2011.

(1) In this order, unless the context otherwise requires,—

(2) Terms used but not defined in this order, but defined in the Act, have the same meanings as in the Act.

In this order, port activities—

• (a) means the use of the reclamation land and of the plant, equipment, buildings, and other port facilities and structures on that land for the following activities:

  • (i) the reception of ships' passengers:

  • (ii) the handling of cargo:

  • (iii) port administration:

  • (iv) maintenance and repair activities:

  • (v) ship and boat-building activities:

  • (vi) warehouse and storage facilities:

  • (vii) car-parking facilities:

  • (viii) movement and other activities associated with the berthing and departure of ships:

  • (ix) activities ancillary to any of those activities; but

• (b) does not include the use of any area of the reclamation land or facilities of any kind on the reclamation land for the handling or storage of coal.

The land to which this order applies comprises an area of up to a total of 10 ha, measured from the mean high-water springs, and located generally at the north-western corner of Te Awaparahi Bay to the east of the existing Cashin Quay reclamation.

(1) The new haul road to which this order applies is an extension of up to 330 m to the existing road, to be constructed in an east-south-east direction from the existing road to Te Awaparahi Bay.

(2) The purpose of the haul road is to provide a link between the Gollans Bay quarry and the reclamation land.

(1) This order applies only to applications lodged by the applicant with—

• (a) the Christchurch City Council:

• (b) the Canterbury Regional Council.

(2) The applications to which this order applies are those made under—

• (a) section 88 of the Act for resource consents to carry out reclamation works and port activities; or

• (b) section 127 of the Act to change or cancel any conditions of a resource consent granted under this order.

(3) Before lodging an application, the applicant must consult with—

• (a) Te Rūnanga o Ngāi Tahu or any relevant Papatipu Rūnanga identified by Te Rūnanga o Ngāi Tahu; and

• (b) the Department of Conservation; and

• (c) Heritage New Zealand Pouhere Taonga; and

• (d) Maritime New Zealand; and

• (e) the Lyttelton-Mount Herbert Community Board; and

• (f) Lyttelton Community Association Incorporated; and

• (g) Diamond Harbour Community Association Incorporated; and

• (h) any other person or body that the applicant considers appropriate.

(4) An application must include—

• (a) a summary of the consultation undertaken and of the views (if any) of the persons or bodies consulted under subclause (3); and

• (b) the response of the applicant to those views; and

• (c) any conditions that the applicant proposes be imposed on the resource consents applied for.

Section 36AA of the Act does not apply in relation to an application.

(1) Subclause (2) applies as if section 37(1)(a) of the Act provided that the power to extend a time period also applies to a time period specified in this order.

(2) A consent authority must not extend a time period under section 37(1)(a) of the Act in relation to an application unless the applicant agrees to the extension.

(1) A reclamation work or port activity for which an application is made under clause 8 is a controlled activity within the meaning of section 87A(2) of the Act.

(2) For the purpose of imposing conditions on a resource consent granted under this order for any reclamation works or port activities, the work or activity is a controlled activity, but only in respect of the following matters:

• (a) before any reclamation works are commenced,—

  • (i) the location (within the general area described in clause 6) and shape and size of the area of the reclamation land; and

  • (ii) the materials used in and for any reclamation work; and

  • (iii) the design and construction methods, including the armouring of the reclamation; and

  • (iv) the management of the effects of those activities on—

    • (A) heritage, cultural, and archaeological values; and

    • (B) landscape, natural character, and visual amenity; and

    • (C) coastal processes; and

• (b) while any reclamation works are being carried out,—

  • (i) the management of construction work, stormwater, marine biosecurity, hazardous substances, coastal water quality, spills, artificial lighting, dust, noise, and vibration; and

  • (ii) the management of the effects of the construction works on—

    • (A) heritage, cultural, and archaeological values; and

    • (B) landscape, natural character, and visual amenity; and

• (c) following completion of reclamation works, the subsequent rehabilitation and stabilisation of the quarry and haul road batters; and

• (d) in relation to port activities, the management of the height of structures, artificial lighting, and noise.

(3) The declaration in subclause (1) that reclamation works and port activities are controlled activities in respect of the matters specified in subclause (2) is not limited by the provisions of—

• (a) any other enactment; or

• (b) the district plan or any regional plan, to the extent that they apply to the reclamation land, or any reclamation works or port activities carried out on that land; or

• (c) the relevant regional coastal plan.

(1) Applications lodged under clause 8—

• (a) must not be publicly notified or given limited notification; but

• (b) must be determined in accordance with Part 6 of the Act, unless otherwise specified by this order.

(2) Subclause (1) applies instead of sections 95 to 103A of the Act (which relate to notification, submissions, pre-hearing, and hearing matters).

(3) Sections 36A (which relates to consultation) and 89A of the Act (which relates to applications affecting navigation) do not apply to any applications made in reliance on this order.

(1) This clause applies instead of sections 89(3) and 116(2) of the Act.

(2) Both consent authorities are deemed to have all the powers, functions, and duties under the Act in relation to the reclamation land and reclamation works and port activities on that land.

(3) The applicant must submit a plan of survey of the reclamation land for approval under section 245 of the Act not later than 2 years after the date that construction work is first commenced for reclamation work in respect of that land.

(4) Subclause (2) expires, and the jurisdiction it confers comes to an end, on the day that a certificate is issued in respect of the reclamation land under section 245(5) of the Act.

(1) This clause applies instead of section 115 of the Act.

(2) A consent authority must give notice of its decision on an application not later than 5 working days after the date that the application was lodged with the consent authority.

For the purposes of reclamation work or a port activity undertaken under a resource consent granted in reliance on this order, only a consent authority or a Minister of the Crown may take enforcement proceedings (including declaratory proceedings) under Part 12 of the Act, including in any case where it is alleged that the consent holder has breached section 16 or 17 of the Act.