Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2013

2013/385

Coat of Arms of New Zealand

Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 9th day of September 2013

Present:
The Right Hon John Key presiding in Council

Pursuant to section 360(1) of the Resource Management Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2013.

2 Commencement

  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations
4 Schedule 1, form 16 amended

  • In Schedule 1, form 16, replace the first sentence below the heading “How to become party to proceedings” with:

    “You may be a party to the appeal if,—

    • “(a) within 15 working days after the period for lodging a notice of appeal ends, you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and

    • “(b) within 20 working days after the period for lodging a notice of appeal ends, you serve copies of your notice on all other parties.”

5 Schedule 1, form 17 amended

  • In Schedule 1, form 17, replace “Signature or applicant” with “Signature of applicant”.

6 Schedule 1, form 22 amended

  • In Schedule 1, form 22, replace the first sentence below the heading “How to become party to proceedings” with:

    “You may be a party to the appeal if—

    • “(a) you made a submission on the matter of this appeal; and

    • “(b) within 15 working days after the period for lodging a notice of appeal ends, you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and

    • “(c) within 20 working days after the period for lodging a notice of appeal ends, you serve copies of your notice on all other parties.”

7 Schedule 1, form 31A amended

  • In Schedule 1, form 31A, replace note 5 with:

    • “5 You may be heard on the application as a party if,—

      • “(a) within 15 working days after this notice of motion was lodged with the court, you lodge a notice in form 33 with the Environment Court and serve copies of your notice on the relevant local authority and the applicant; and

      • “(b) within 20 working days after this notice of motion was lodged with the court, you serve copies of your notice on all other parties.”

8 Schedule 1, form 33 amended

  • (1) In Schedule 1, form 33, after “section 308C”, insert “or 308CA”.

    (2) In Schedule 1, form 33, replace “Contract person” with “Contact person”.

    (3) In Schedule 1, form 33, below the heading “Note to person wishing to be a party”, replace “other parties to” with “relevant local authority and the person who commenced”.

    (4) In Schedule 1, form 33, below the heading “Note to person wishing to be a party”, after “working day period”, insert “and serve copies of this notice on all other parties within 5 working days after that period ends”.

9 Schedule 1, form 39 amended

  • In Schedule 1, form 39, replace “Sworn of” with “Sworn at”.

10 Schedule 1, form 44 amended

  • (1) In Schedule 1, form 44, below the heading “Advice to recipient of notice of application”, replace “should” with “must” in the first place that it occurs.

    (2) In Schedule 1, form 44, below the heading “Advice to recipient of notice of application”, replace “as soon as possible” with “within 15 working days” in the first place that it occurs.

    (3) In Schedule 1, form 44, below the heading “Advice to recipient of notice of application”, replace “may” with “will”.

    (4) In Schedule 1, form 44, below the heading “Documents available”, delete “If you wish to be heard at the hearing to determine this matter, you should notify the Environment Court Registrar as soon as possible after you receive this notice.”

11 Schedule 1, form 47 amended

  • (1) In Schedule 1, form 47, below the heading “Advice to recipient of notice of application”, replace “should” with “must”.

    (2) In Schedule 1, form 47, below the heading “Advice to recipient of notice of application”, replace “as soon as possible” with “within 15 working days”.

12 Schedule 1, form 50 amended

  • In Schedule 1, form 50, replace “maybe” with “may be”.

Martin Bell,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend a number of forms in Schedule 1 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. The changes are required to ensure that the forms reflect the amendments made to the Resource Management Act 1991 by the Resource Management Amendment Act 2013.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 September 2013.

These regulations are administered by the Ministry for the Environment.