This order is the Canterbury Earthquake (Resource Management Act) Order 2010.

This order is deemed to have come into force on 4 September 2010.

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

This order applies to each of the following councils:

In this order, unless the context otherwise requires,—

This clause applies in addition to the powers under section 37A of the Act if a local authority holds a resource consent that—

A consent to which subclause (1)(a) applies is deemed to be renewed for 60 working days from the date on which it would otherwise have expired.

The date on which any matter of the kind referred to in subclause (1)(b) must be completed is extended by 60 working days from the specified date.

This clause applies in addition to the powers under section 37A of the Act, for the duration of this order, if a local authority is carrying out functions as a consent authority.

A local authority may, upon request by the applicant, grant an extension of time under section 37 of the Act for the exercise of any function or for carrying out or completing any requirement or process.

The extension of time granted under this clause may be for any period not exceeding 6 months from the date that would have applied but for this order.

The power to grant an extension of time applies whether or not the period has expired that would have applied but for this order.

The local authority must give written notice of the extension of time to—

In addition to clause 1(2) of Schedule 1 of the Act, in the case of a request for a local authority to change a policy statement or plan under Part 2 of Schedule 1 of the Act, the local authority may, on its own initiative, waive or extend the time for the exercise of a function or for carrying out or completing any requirement or process, provided the change requested is not relevant to the promotion of the purpose of the Canterbury Earthquake Response and Recovery Act 2010.

A waiver or extension of time granted under this clause may be for any period not exceeding 6 months from the date that would have applied, but for this order.

No obligation arises in the period between 2 July 2011 and 31 March 2012 for a local authority to pay a discount under regulations made under section 360(1)(hj) of the Act.

Between 22 February 2011 and 31 March 2012, the duties referred to in subclause (2) apply to the local authorities only as far as it is reasonably practicable for the local authorities to fulfil those duties, having regard to the circumstances arising from the Canterbury earthquake.

The duties are—

This clause applies if the power to undertake emergency works is exercised under section 330 or 330B of the Act by or on behalf of a local authority.

Despite section 330(3) of the Act, if the occupier of a place that must be entered for the purpose of an emergency work is not present,—

The time within which advice of an action must be given under section 330A(1) or 330B(2) of the Act is extended to 20 working days.

If a local authority carries out emergency works requiring a resource consent, the time within which an application for a resource consent must be lodged under section 330A(2) or 330B(3) of the Act is extended to 60 working days.

Sections 330A(3) and 330B(4) of the Act apply subject to the time periods modified by subclauses (3) and (4) of this clause.

The exemption provided by section 330B(5) of the Act (which relates to the commission of an offence under section 338(1)(a) of the Act) applies subject to the modified time periods referred to in subclause (5) of this clause.

No resource consent is required if a local authority exercises its powers under section 129 of the Building Act 2004.

A local authority may permit the chief executive of the local authority to exercise the powers of delegation of the local authority under section 34A of the Act.

Despite anything in the Act, a local authority is not liable for prosecution for an omission of the local authority that permits a contravention of any of sections 9, 11, 12, 13, 14, or 15 of the Act, provided that omission is reasonably necessary to promote the purpose of the Canterbury Earthquake Response and Recovery Act 2010.

An activity of the kind described in subclause (2) is to be treated—

An activity to which this subclause applies is one undertaken by a person in relation to the Kate Valley landfill in the Hurunui district—

If an activity to which this clause applies would, but for this clause, contravene any of sections 9, 12, 13, 14, and 15 of the Act and the adverse effects of the activity continue beyond 31 March 2012, the person who authorised the activity must apply in writing to the appropriate consent authority for the necessary resource consents in respect of the activity.

Subclause (3) applies instead of section 330B(3) of the Act.

In this clause, Director and Group Controller have the meanings given in section 4 of the Civil Defence Emergency Management Act 2002.