Explanatory note
This Supplementary Order Paper proposes amendments to the COVID-19 Recovery (Fast-track Consenting) Bill.
Clause 20(3)(n) is amended to reflect the fact that the EPA has powers to take compliance and enforcement actions.
Clause 29(4) is amended to correct a typographical error.
In Schedule 1, clause 1(2A)(d) is amended to correct a typographical error.
Schedule 2 is amended to better identif, in LP06, the location of the proposed activity, to correct a typographical error in LP07, and in respect of LP15, to insert punctuation between the 2 authorised entities. In respect of LP16, the name of the authorised persoor entity to undertake a project is corrected to Te Tai Tokerau Water Trust, and minor technical changes are made in the fourth column of LP16.
In the Schedule 4 heading, further cross-references are included.
In Schedule 4, a technical amendment is made to clause 15(3) to reflect that a temporary bridge may be needed in the context of work on infrastructure other than work to replace a bridge (for example, work on a culvert).
Schedule 5, clause 3(2)(b) is amended to clarify that the panel member is nominated by the relevant iwi authorities, consistently with nomination by local authorities; and clause 7 and 14 of that schedule are amended to correct cross-references.
The Schedule 6 heading is amended to add a further cross-reference, and clause 5(1) is amended to insert a new paragraph requiring the Director-General of the Ministry for Primary Industries to be notified if an application relates to undertaking an aquaculture activity.
Clause 17(6) of Schedule 6 is amended to delete paragraph (b) as it is repeated in paragraph (c) of that subclause.
Schedule 6, clause 20 is amended to correct a typographical error and to include further matters relevant to the conduct of a hearing by a panel, if a hearing is held. The new provisions provide for the following powers of a panel:
the power to maintain order, as provided for by section 4 of the Commissions of Inquiry Act 1908; and
the power to receive evidence, even if that evidence would not be admissible in a court of law; and
the power by order of the court to prohibit or restrict the publication (or other means of communication) of information if there is good reason for withholding that information under section 6 or 7 of the Local Government Official Information and Meetings Act 1987.
Schedule 6, clause 22(5) is amended to include a further relevant cross-reference.
Schedule 6, clause 23(3) is amended to ensure that the Director-General of the Ministry for Primary Industries is notified of the decision of a panel.
In Schedule 6, clause 35(3) is amended to provide that the nature of a project, as well as its scale, may justify the extension of the time within which a panel must issue a decision.
New clause 37(2) of Schedule 6 clarifies that the ability to issue a decision in stages under subclause (1) does not enable an extension of the time frames specified in clause 35.
Departmental disclosure statement
The Ministry for the Environment considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.