Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698844685450.pdf (New Zealand)
Environment Canterbury (Transitional Governance Arrangements) Bill Government Bill As reported from the committee of the whole House 60—3 Environment Canterbury (Transitional Governance Arrangements) Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Dr Nick Smith Environment Canterbury (Transitional Governance Arrangements) Bill Government Bill Contents Page 1 2 3 4 4A Title Commencement Part 1 Preliminary provisions Purpose Interpretation Transitional, savings, and related provisions Act binds the Crown Repeal of this Act Relationship between this Act and other legislation applicable to local authorities Part 2 Governance arrangements during transition period Transitional governing body Transitional governing body Chairperson and deputy chairperson Elected members Process for electing members Appointed members Process for appointing members Appointments must be in writing and notified 60—3 3 3 3 4 6 6 6 6 6 7 7 7 8 1 Environment Canterbury (Transitional Governance Arrangements) Bill Procedural matters relating to transitional governing body When members come into office When members leave office Appointed members may be removed at discretion of responsible Ministers Filling of vacancies in office of appointed members First meeting of Environment Canterbury during transition period Remuneration of members Remuneration of members Part 3 RMA arrangements during transition period Proposed fresh water plan or regional policy statement to which this Part applies Meaning of vision and principles of Canterbury Water Management Strategy Application of RMA Water conservation orders Process to apply for applications made after transition day Proposed fresh water plans or regional policy statements Additional criteria for decisions during transition period Rights of appeal Provisions of RMA applying to appeals under section 24 Appeal to Court of Appeal Part 4 Miscellaneous provisions and amendments to 2010 Act Subpart
 1—Miscellaneous provisions Environment Canterbury must report to responsible Ministers on management of fresh water Governance arrangements if emergency before appointed members take office Matters relating to 2019 election Subpart 2—Amendments to 2010 Act Amendments to 2010 Act Section 3 amended (Purpose) Section 4 amended (Interpretation) Section 6 replaced (Expiry and repeal) 6 Section 17 amended (Term of office) Section 23 and cross-heading repealed Repeal 19A 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 2 36 37 38 39 40 41 42 Environment Canterbury (Transitional Governance Arrangements) Bill Part 1 cl 3 Section 26 amended (Provisions of Local Electoral Act 2001 that do not apply) Section 28 repealed (Continuation of committees and delegations) Section 35 amended (Notification of moratorium) Section 46 amended (Part 9 of RMA does not apply except as otherwise stated) Section 55 replaced (Appeal to Court of Appeal) 55 Section 60 and cross-heading repealed Schedule 2 repealed Appeal to Court of Appeal Schedule 1 Transitional, savings, and related provisions Schedule 2 Process for completing water conservation applications partly heard before transition day Schedule 3 Vision and principles of Canterbury Water Management Strategy—Strategic Framework, November 2009 15 15 15 16 16 16 16 16 17 20 24 The Parliament of New Zealand enacts as follows: 1 Title 2 (1) (2) 3 (1) This Act
 is the Environment Canterbury (Transitional Governance Arrange- ments) Act 2015.
Commencement Section 4A, Part 3, and Schedules 1 to 3 come into force on the transition day.

The rest of this Act comes into force on the day after the day on which it re- ceives the Royal assent.
Part 1 Preliminary provisions 5 10 Purpose The purpose of this Act is to provide governance arrangements for the Canter- bury Regional Council that will— (a) (b) operate during the 2016 to 2019 local authority election-cycle period; and 15 replace the governance arrangements that have been in place since 2010 under the Environment Canterbury (Temporary Commissioners and Im- proved Water Management) Act 2010; and 3 Part 1 cl 4 Environment Canterbury (Transitional Governance Arrangements) Bill (c) (d) provide for a majority of members of the Council to be elected by the people of the Canterbury region; and provide for the continuation of some of the modified resource manage- ment processes that have operated under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 to remain available to the Council in order to further progress issues relating to the management of fresh water within the Canterbury region.
5 (2) To this end, this Act— (a) (b) (c) (d) replaces the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010; and 10 provides for a new governing body for the Canterbury Regional Council comprising a mix of elected and appointed members; and authorises the new governing body to continue to exercise certain of the powers and perform certain of the functions conferred on the commis- sioners appointed under the Environment Canterbury (Temporary Com- missioners and Improved Water Management) Act 2010; and sets out rules to manage the interface of this Act with other legislation applicable to local authorities, including (but not limited to) the Local Government Act 2002, the Local Electoral Act 2001, and the Resource Management Act 1991.
15 20 4 (1) Interpretation In this Act, unless the context otherwise requires,— 2010 Act means the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 25 2016 election means the triennial general election of members of local author- ities required by section 10 of the Local Electoral Act 2001 to be held on the second Saturday in October 2016 2019 election means the triennial general election of members of local author- ities required by section 10 of the Local Electoral Act 2001 to be held on the second Saturday in October 2019 appointed member means a member of the transitional governing body who is appointed to office under section 11 Canterbury region means the region over which Environment Canterbury has jurisdiction Canterbury Water Management Strategy means the Canterbury Water Man- agement Strategy—Strategic Framework, November 2009 elected member means a member of the transitional governing body who is elected to office under the Local Electoral Act 2001 (as modified by section 10) 30 35 40 4 Environment Canterbury (Transitional Governance Arrangements) Bill Part 1 cl 4 Environment Canterbury means the regional council named in Part 1 of Schedule 2 of the Local Government Act 2002 as the Canterbury Regional Council member, in relation to Environment Canterbury or the transitional governing body, means— 5 (a) (b) an elected member; or an appointed member proposed fresh water plan or regional policy statement has the meaning given by section 19(1) responsible Ministers
 means— (a) (b) the Minister for the Environment; and the Minister of Local Government resumption day means the day after the day on which the official result of the 2019 election is declared under section 86 of the Local Electoral Act 2001 in relation to Environment Canterbury RMA means the Resource Management Act 1991 transition day means the day after the day on which the official result of the 2016 election is declared under section 86 of the Local Electoral Act 2001 in relation to Environment Canterbury transition period means the period— (a) (b) starting on the transition day; and ending on the close of the day before resumption day transitional governing body means the governing body of Environment Can- terbury during the transition period (see section 8(1)) vision and principles of the Canterbury Water Management Strategy has the meaning given by section 19A water body has the meaning given by section 2(1) of the RMA water conservation application means— 10 15 20 25 (a) (b) an application for a water conservation order in respect of a water body in the Canterbury region; and 30 an application to revoke or vary a water conservation order in respect of a water body in the Canterbury region.
(2) A term or expression that is defined in the Local Government Act 2002 and used, but not defined, in Part 2 or subpart 1 of Part 4 of this Act has the same meaning as in the Local Government Act 2002.

35 (3) A term or expression that is defined in the RMA and used, but not defined, in Part 3, Schedule 1, or Schedule 2 of this Act has the same meaning as in the RMA.
5 Part 1 cl 4A Environment Canterbury (Transitional Governance Arrangements) Bill 4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 Sched- ules 1 and 2 have effect according to their terms.

5 Act binds the Crown This Act binds the Crown.

6 (1) Repeal of this Act This Act is repealed on the close of the resumption day.
(2) Despite subsection (1),— (a) Part 3 and Schedules 1 to 3 of this Act continue, as if they had not been repealed, for the purposes of completing any decision or decisions (including any appeals) to which they apply that have not been comple- ted before the resumption day; and (b) for the purposes of paragraph (a), the transition period is to be treated as if it had not ended.
7 Relationship between this Act and other legislation applicable to local authorities The Local Government Act 2002, the Local Electoral Act 2001, the Resource Management Act 1991, and any other enactment applicable to a local authority apply to Environment Canterbury except to the extent that those enactments are inconsistent with, or modified by, this Act.
5 10 15 20 Part 2 Governance arrangements during transition period Transitional governing body 8 Transitional governing body (1) During the transition period, the governing body of Environment Canterbury 25 comprises— (a) (b) no fewer than 4 and no more than 7 elected members; and no fewer than 3 and no more than 6 appointed members.
(2) During the transition period, every reference in the Local Government Act 2002 or any other enactment to a member or an elected member of a local au- thority or regional council must, in relation to Environment Canterbury, be read as including a reference to an appointed member (including, for example, treat- ing a reference to the member’s election as a reference to the member’s ap- pointment).
30 (3) Without limiting subsection (2), during the transition period, each member of the transitional governing body has the same functions, powers, responsibil- 35 6 Environment Canterbury (Transitional Governance Arrangements) Bill Part 2 cl 11 ities, and duties as each other member of the governing body, irrespective of whether the member is elected or appointed.
9 Chairperson and deputy chairperson At the first meeting of Environment Canterbury during the transition period, the members must elect a chairperson and deputy chairperson from among themselves.
5 10 (1) Elected members Process for electing members Seven elected members of the transitional governing body must be elected at the 2016 election— 10 (a) using the First Past the Post electoral system (as described generally in section 5A of the Local Electoral Act 2001); and (b) by the electors described in the rest of this section.
(2) One member must be elected by electors within the districts of the following local authorities (the South Canterbury constituency): 15 (a) Mackenzie District Council; and (b) Timaru District Council; and (c) Waimate District Council; and (d) that part of the Waitaki District Council that is also within the Canter- bury region.
20 (3) One member must be elected by electors within the districts of the following local authorities (the mid-Canterbury constituency): (a) Selwyn District Council; and (b) Ashburton District Council.

(4) One member must be elected by electors within the districts of the following 25 local authorities (the North Canterbury constituency): (a) Waimakariri District Council; and (b) Hurunui District Council; and (c) Kaikoura District Council.
(5) Four members must be elected, at large, by electors within the district of the Christchurch City Council.

30 Appointed members 11 (1) Process for appointing members The responsible Ministers— 7 Part 2 cl 12 Environment Canterbury (Transitional Governance Arrangements) Bill (a) must appoint 3 members of the transitional governing body with effect no later than 28 days after the transition day; and (b) may appoint, at the same time or subsequently, no more than 3 other members.
(1A) Two of the members appointed in accordance with subsection (1)(a) must be 5 persons recommended by Te Rūnanga o Ngāi Tahu.

(1B) Before making a recommendation, Te Rūnanga o Ngāi Tahu must take into ac- (2) count the matters referred to in subsections (2) and (3).
The responsible Ministers must appoint members who will complement the knowledge and expertise of the elected members so that, collectively, the mem- bers of the transitional governing body will have knowledge of, and expertise in relation to, the following matters: (a) (b) (c) (d) the management of fresh water; and local authority governance and management; and tikanga Māori, as it applies in the Canterbury region; and the Canterbury region and its people.
10 15 (3) The responsible Ministers may appoint a person only if the person— (a) (b) is qualified to be a candidate for election under section 25 of the Local Electoral Act 2001; and is not a member of any other local authority or community board or local board of any local authority.

20 (4) However, nothing in subsection (2) affects the validity of the appointment of an appointed member once made.

(5) 12 (1) Section 12 applies to each appointment made under this section.
Appointments must be in writing and notified The responsible Ministers make an appointment under section 11 by giving the person concerned a written notice of appointment that states the day on which the appointment takes effect.

(2) As soon as practicable after making an appointment, the responsible Ministers must— 25 30 (a) (b) notify the appointment in the Gazette; and give a copy of the notice of appointment to Environment Canterbury.
Procedural matters relating to transitional governing body 13 When members come into office (1) Elected members come into office in accordance with section 115(1) of the Local Electoral Act 2001.

35 8 Environment Canterbury (Transitional Governance Arrangements) Bill Part 2 cl 16 (2) Appointed members come into office on the date stated in their notices of ap- pointment.
14 When members leave office (1) The term of office of each elected member ends on the earlier of the following: (a) (b) the date on which the member leaves office in accordance with section 116(1) of the Local Electoral Act 2001; and 5 the date on which the member leaves office under clause 5 of Schedule 7 of the Local Government Act 2002.
(2) The term of office of each appointed member ends on the earlier of the follow- ing: 10 (a) (b) the close of the day before resumption day; and the date on which the member— (i) leaves office under clause 5 of Schedule 7 of the Local Govern- ment Act 2002; or (ii) is removed from office by a notice given under section 15(2).
15 For the purposes of subsection (2)(b)(i), the references to the chief executive in clause 4 of Schedule 7 of the Local Government Act 2002 must be read as references to the responsible Ministers.

Appointed members may be removed at discretion of responsible Ministers 20 The responsible Ministers may, in their complete discretion, remove an appoin- ted member at any time.
(3) 15 (1) (1A) However, before removing a member who was recommended by Te Rūnanga o Ngāi Tahu, the Ministers must consult Te Rūnanga o Ngāi Tahu.

(2) 16 (1) (2) The responsible Ministers remove an appointed member by giving the person a written notice of removal that states the day on which the removal takes effect.
25 Filling of vacancies in office of appointed members If the office of an appointed member recommended by Te Rūnanga o Ngāi Ta- hu becomes vacant, the responsible Ministers must, in accordance with sec- tions 11 and 12, appoint a replacement member recommended by Te Rūnan- ga o Ngāi Tahu.

30 If a vacancy occurs in the office of any other appointed member, the respon- sible Ministers may appoint a replacement member in accordance with sec- tions 11 and 12.
9 Part 2 cl 17 Environment Canterbury (Transitional Governance Arrangements) Bill 17 (1) (2) First meeting of Environment Canterbury during transition period The first meeting of Environment Canterbury during the transition period must be called by the chief executive of Environment Canterbury as soon as practic- able after the members appointed under section 11(1)(a) come into office.
The chief executive must give all members no less than 2 days’ notice of the meeting (unless an emergency exists, in which case the chief executive may give notice as soon as practicable).

(3) This section is subject to section 28.
Remuneration of members 18 (3) Remuneration of members Clauses 6 to 13 of Schedule 7 of the Local Government Act 2002 apply for the purposes of making determinations in respect of Environment Canterbury as follows: (a) (b) if exercising the power under clause 6(3)(c)(ii) or (d) of the schedule, the Remuneration Authority must not differentiate on the basis of whether members are elected or appointed; and to avoid doubt, clause 12 of Schedule 7 of the Local Government Act 2002 applies to appointed members so that Environment Canterbury, and not the Crown, must make payments to appointed members as well as elected members.
5 10 15 20 (4) However, the Remuneration Authority must, no later than 15 July 2016, make a determination of the remuneration, allowances, and expenses payable immedi- ately after the transition day to— (a) the chairperson, deputy chairperson, and other members of Environment Canterbury; and 25 (b) chairpersons of committees of Environment Canterbury.
Part 3 RMA arrangements during transition period Proposed fresh water plan or regional policy statement to which this Part applies 30 This Part applies to the following (a proposed fresh water plan or regional policy statement): (a) a proposed plan, or a proposed change to or variation of the Canterbury Land and Water Regional Plan or any other plan, that— (i) is or has been notified by Environment Canterbury under clause 5 or 26 of Schedule 1 of the RMA at any time before the date of the 2019 election; and 35 19 (1) 10 Environment Canterbury (Transitional Governance Arrangements) Bill Part 3 cl 20 (ii) (iii) relates to the management of fresh water within the Canterbury region; and is consistent with the vision and principles of the Canterbury Water Management Strategy; and (b) a proposed regional policy statement, or a proposed change to or vari- ation of a regional policy statement, that— 5 (i) (ii) (iii) is or has been notified by Environment Canterbury under clause 5 or 26 of Schedule 1 of the RMA at any time before the date of the 2019 election; and relates to the management of fresh water within the Canterbury region; and 10 is consistent with the vision and principles of the Canterbury Water Management Strategy.
(2) This Part does not apply to any other proposed plan or regional policy state- ment, or to a proposed change to or variation of any other plan or regional poli- cy statement (for example, a proposed regional coastal plan or a proposed change to or variation of a regional coastal plan).
15 19A Meaning of vision and principles of Canterbury Water Management Strategy (1) For the purposes of this Part, the vision and principles of the Canterbury Water Management Strategy— 20 (a) means the text of the vision and principles included in the Canterbury Water Management Strategy as reproduced in Schedule 3; but does not include any amendments to that text.
(b) (2) To avoid doubt, the inclusion of the text of the vision and principles of the strategy in Schedule 3 does not accord the strategy or its vision and principles any status in law other than as provided in this Act.
25 20 Application of RMA Except as otherwise provided in this Part, the provisions of the RMA (includ- ing, without limitation, Part 2 of that Act) apply— 30 (a) (b) to the performance and exercise by Environment Canterbury of its func- tions and powers under this Part or Schedule 1 during the transition period; and so far as they are relevant, to any proposed fresh water plan or regional policy statement.
35 11 Part 3 cl 21 Environment Canterbury (Transitional Governance Arrangements) Bill Water conservation orders 21 Process to apply for applications made after transition day Part 9 of the RMA applies to a water conservation application made on or after the transition day.
Proposed fresh water plans or regional policy statements 5 23 Additional criteria for decisions during transition period In considering any proposed fresh water plan or regional policy statement dur- ing the transition period, Environment Canterbury must have particular regard to the vision and principles of the Canterbury Water Management Strategy in addition to the matters relevant under the RMA to its decisions made under clause 10(1) of Schedule 1 of that Act.
24 (1) Rights of appeal This section applies to decisions— (a) made during the transition period by Environment Canterbury under clause 10 of Schedule 1 of the RMA; and (b) in respect of which Environment Canterbury was required to have par- ticular regard to the vision and principles of the Canterbury Water Man- agement Strategy in accordance with section 23.

(2) No person may appeal to the Environment Court under clause 14 of Schedule 1 of the RMA in respect of such a decision.
(3) However, a person who made a submission under clause 6 or 8 of Schedule 1 of the RMA on the proposed fresh water plan or regional policy statement con- cerned may appeal to the High Court in respect of the decision, but only on a question of law.

(4) For this purpose, a notice served by Environment Canterbury under clause 11 of Schedule 1 of the RMA must include a statement of the time within which an appeal on a question of law may be lodged by a person described in sub- section (3).
(5) An appeal under subsection (3)— 10 15 20 25 (a) must be lodged in accordance with the requirements stated in the notice 30 served under subsection (4); and (b) may relate only to a provision or matter referred to in the submission of the person lodging the appeal.

Sections 25 and 26 apply to an appeal under this section.
Provisions of RMA applying to appeals under section 24 35 Sections 300 to 307 of the RMA apply to an appeal under section 24, with any necessary modifications including, in particular, treating every reference to (6) 25 (1) 12 Environment Canterbury (Transitional Governance Arrangements) Bill Part 4 cl 28 the Environment Court or the Registrar of that court as if it were a reference to Environment Canterbury.
(2) The High Court Rules apply if a procedural matter is not provided for by or under those sections.

26 Appeal to Court of Appeal Section 66 of the Judicature Act 1908 applies, with any necessary modifica- tions, to a decision of the High Court on an appeal under section 24.
Part 4 Miscellaneous provisions and amendments to 2010 Act Subpart 1—Miscellaneous provisions 27 Environment Canterbury must report to responsible Ministers on management of fresh water (1) During the transition period, Environment Canterbury must report to the re- sponsible Ministers on progress made in respect of the issues relating to the management of fresh water within the Canterbury region— (a) for the 6-month period starting on the date of the first meeting of Envir- onment Canterbury during the transition period; and (b) for each following 6-month period.
5 10 15 (2) Environment Canterbury must provide a report for each period as soon as prac- ticable after the end of the period.

20 (3) Each report must contain at least the following information: (a) (b) (c) progress on the Canterbury Land and Water Regional Plan; and progress on any other plans relating to the management of fresh water within the Canterbury region; and progress on the implementation of the Canterbury Water Management Strategy.
25 28 Governance arrangements if emergency before appointed members take office (1) This section applies if, and only if, after the transition day,— (a) (b) an emergency exists; and the emergency exists before all the members appointed under section 11(1)(a) take office (the initial appointed members).

(2) Until all the initial appointed members take office, the transitional governing body comprises the elected members only, and this Act applies accordingly, with any necessary modifications.
30 35 13 Part 4 cl 29 Environment Canterbury (Transitional Governance Arrangements) Bill (3) Despite subsection (2),— (a) (b) the members elected as chairperson and deputy chairperson (at the first meeting of Environment Canterbury after the transition day) hold office only until a chairperson and deputy chairperson are elected in accord- ance with subsection (4)(b); and a schedule of meetings must not be adopted beyond the date on which all the initial appointed members are expected to take office.
(4) As soon as practicable after all the initial appointed members come into office, the transitional governing body must hold a meeting, the business of which must include— (a) (b) (c) (d) the making and attesting of the declarations required by the appointed members under clause 14 of Schedule 7 of the Local Government Act 2002; and the election of a chairperson and deputy chairperson; and a general explanation, given or arranged by the chief executive, to the appointed members, of the matters in clause 21(5)(c) of Schedule 7 of the Local Government Act 2002; and the fixing of the date and time of the next meeting of Environment Can- terbury, or the adoption of a schedule of meetings.
(5) (6) For the purposes of subsection (4)(b), this Act and the Local Government Act 2002 apply as if the meeting were the first meeting of Environment Canter- bury following the 2016 election.

To avoid doubt, the chairperson and deputy chairperson appointed in accord- ance with subsection (2) hold office only until the meeting referred to in subsection (4) takes place, but may be reappointed to those positions at that meeting.
29 Matters relating to 2019 election (1) To avoid doubt, nothing in this Act prevents Environment Canterbury from tak- ing any step that must be taken under the Local Electoral Act 2001 for the pur- poses of the 2019 election.

(2) However, Environment Canterbury must review its representation arrange- ments in accordance with section 19I of that Act, irrespective of whether it would be mandatory for it to do so under the requirements of that section in relation to the 2019 election.
Subpart 2—Amendments to 2010 Act 30 Amendments to 2010 Act This subpart amends the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010.
14 Environment Canterbury (Transitional Governance Arrangements) Bill Part 4 cl 38 31 Section 3 amended (Purpose) In section 3(a), replace “new elected members come into office following the next election” with “the elected members of Environment Canterbury come in- to office in accordance with the Environment Canterbury (Transitional Govern- ance Arrangements) Act 2015 following the 2016 election”.
5 32 (1) (2) (3) Section 4 amended (Interpretation) In section 4(1), definition of 2016 election, replace “ECan that (subject to sec- tion 11 of the Local Electoral Act 2001) must” with “local authorities required by section 10 of the Local Electoral Act 2001 to”.

In section 4(1), repeal the definitions of next election and resumption day.
10 In section 4(1), insert in its appropriate alphabetical order: transition day means the day after the day on which the official result of the 2016 election is declared under section 86 of the Local Electoral Act 2001 in relation to Environment Canterbury 33 Section 6 replaced (Expiry and repeal) Replace section 6 with: 6 Repeal This Act is repealed on the close of the day before the transition day.

34 Section 17 amended (Term of office) In section 17(1), replace “resumption” with “transition”.
35 Section 23 and cross-heading repealed Repeal section 23 and the cross-heading above section 23.

36 Section 26 amended (Provisions of Local Electoral Act 2001 that do not apply) (1) After section 26(1)(a), insert: (ab) (ac) sections 19I and 19JB: sections 19Z, 19ZB, and 19ZD: Repeal section 26(2).

Section 28 repealed (Continuation of committees and delegations) Repeal section 28.

(2) 37 38 Section 35 amended (Notification of moratorium) In section 35(c), replace “resumption” with “transition”.
15 20 25 30 15 Part 4 cl 39 Environment Canterbury (Transitional Governance Arrangements) Bill 39 (1) (2) (3) 40 Section 46 amended (Part 9 of RMA does not apply except as otherwise stated) In section 46(1)(b) and (4), replace “resumption” with “transition”.

In section 46(4)(a), delete “; and”.

Repeal section 46(4)(b).


Section 55 replaced (Appeal to Court of Appeal) 5 Replace section 55 with: 55 Appeal to Court of Appeal Section 66 of the Judicature Act 1908 applies, with any necessary modifica- tions, to a decision of the High Court on an appeal under section 53.

10 41 Section 60 and cross-heading repealed Repeal section 60 and the cross-heading above section 60.

42 Schedule 2 repealed Repeal Schedule 2.


16 5 10 15 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 1 Schedule 1 Transitional, savings, and related provisions s 4A Part 1 Provisions relating to Act as enacted Water conservation applications made before transition day 1AA Process to apply for applications made before transition day (1) (2) (3) 1 (1) (2) Subclause (2) applies to a water conservation application made at any time before the transition day.
The application must continue to be processed in accordance with clauses 1 to 6.

Part 9 of the RMA applies to water conservation applications to which this schedule and Schedule 2 apply to the extent that Part 9 is not inconsistent with, or modified by, this schedule and Schedule 2.
Rejected applications This clause applies to an application— (b) (c) that the Minister for the Environment had decided under section 48(1)(b)(i) of the 2010 Act to reject; and in relation to which the applicant had not been notified of the Minister’s decision under section 48(2)(a) of that Act before the transition day.
20 The rejection, and the application, must be treated, for all purposes, as a rejec- tion of an application under section 202 of the RMA, and that section applies accordingly, with any necessary modifications.

2 Applications where ministerial decision pending Part 9 of the RMA, without modification, applies to an application in relation to which the Minister for the Environment had not yet made a decision under section 48 or 58 of the 2010 Act before the transition day.
25 3 (1) Applications satisfying section 58 test This clause applies to an application to revoke or vary a water conservation order— 30 (b) (c) that the Minister for the Environment had decided met the criteria in sec- tion 58 of the 2010 Act; and in relation to which the applicant had not been notified of the Minister’s decision before the transition day.
17 Schedule 1 Environment Canterbury (Transitional Governance Arrangements) Bill (2) (3) 4 (1) The Minister may recommend to the Governor-General that the water conser- vation order to which the application relates be amended if both Environment Canterbury and the original applicant for the order (if that person can be loca- ted) agree to the amendment.
The Governor-General may, by Order in Council made on the recommendation of the Minister under subclause (2), amend the water conservation order ac- cordingly.

5 Applications where hearing required but not yet commenced This clause applies to an application that, before the transition day, Environ- ment Canterbury— 10 (a) had received from the Minister for the Environment in accordance with the 2010 Act; but (b) had not commenced a hearing into under subpart 3 of Part 3 of that Act.
(2) Environment Canterbury must, as soon as practicable,— (a) (b) return the application and any submissions received on it to the Minister; and 15 give public notice and a notice to the applicant and any submitters that the application— (i) (ii) has been returned to the Minister; and is to be dealt with under Part 9 of the RMA by a special tribunal.
20 (3) When the Minister receives the application and any related submissions under subclause (2), the Minister must— (a) appoint a special tribunal under section 202 of the RMA to hear and re- port on the application; and (b) forward the application and copies of any submissions received from En- vironment Canterbury to the special tribunal.
25 (4) The special tribunal must, as soon as it is appointed, notify the applicant that the applicant may— (a) revise the original application to take into account the matters that are relevant to the consideration of the application under Part 9 of the RMA; and 30 (b) within 30 working days after the date of the notice, submit a revised ap- plication to the special tribunal.
(5) At the end of the 30-working-day period, the special tribunal must— (a) (b) comply with section 204 of the RMA in relation to the application or re- vised application, if one is received; and 35 serve on each person who made a submission on the application under subpart 3 of Part 3 of the 2010 Act— 18 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 1 (i) (ii) a notice that complies with section 204(2) of the RMA; and advice that, unless a new submission is received in accordance with that notice, the special tribunal will consider the submission as if it had been submitted under section 205 of the RMA (as that section applied for the purposes of section 51 of the 2010 Act).
5 5 (1) Applications at hearing stage to be completed under Schedule 2 This clause applies to an application in relation to which— (a) a hearing under subpart 3 of Part 3 of the 2010 Act had commenced be- fore the transition day; but (b) the process (including appeals) had not been completed before that day.

10 (2) The application must be completed in accordance with Schedule 2 of this Act.
Proposed regional policy statements or plans notified before transition day 6 (1) (2) Proposed regional policy statements or plans notified before transition day Subclause (2) applies (and Part 3 of this Act does not apply) to proposed re- gional policy statements or plans (as defined in section 61 of the 2010 Act) that were notified at any time before the transition day.
Sections 61, 62(1), 63 to 68 (and sections 54 and 55) and Schedule 1 of the 2010 Act continue, as if they had not been repealed, for the purposes of com- pleting any decision or decisions (including any appeals) relating to the pro- posed regional policy statements or plans that have not been completed before the transition day.
15 20 19 Schedule 2 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 2 Process for completing water conservation applications partly heard before transition day s 4A, Schedule 1 cl 5 1 Consideration of application by Environment Canterbury 5 (1) After considering the application and any submissions and other information relevant to the application, Environment Canterbury must determine whether to recommend that the Minister for the Environment should— (a) (b) reject the water conservation application; or recommend to the Governor-General that a water conservation order be made under section 214 of the RMA, as applied by clause 7.
10 (2) In considering whether to recommend to the Minister that a water conservation order be made, Environment Canterbury must, subject to Part 2 of the RMA,— (a) have particular regard to— (i) (ii) the matters set out in subclauses (3) and (4); and the vision and principles of the Canterbury Water Management Strategy; and 15 (b) have regard to the matters specified in section 207(a) to (c) of the RMA.
(3) Environment Canterbury may recommend to the Minister that a water conser- vation order be made to recognise and sustain— 20 (a) outstanding amenity or intrinsic values that are afforded by waters in their natural state; or (b) where waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.
25 (4) Section 199(2) of the RMA applies to a water conservation order recommen- ded by Environment Canterbury.
Compare: 2010 No 12 s 50 2 Submissions, hearing, and report Sections 205, 206, and 208 of the RMA (which provide for submissions, a hearing, and reporting in relation to an application) apply to the application as if— (a) (b) every reference to a special tribunal were a reference to Environment Canterbury; and the references in section 205(3)(d) and (5) of the RMA to the matters in sections 199, 200, and 207 of that Act were references to the matters re- ferred to in clauses 1(2) and 8(2); and 30 35 20 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 2 (c) section 208(2)(c) of the RMA excluded the reference to the regional council.
Compare: 2010 No 12 s 51 Appeals on question of law only 3 Jurisdiction of Environment Court excluded The Environment Court has no jurisdiction under this schedule and no person may make a submission to the Environment Court in respect of a report pre- pared and notified by Environment Canterbury under clause 2.
Compare: 2010 No 12 s 52 4 (1) Right of appeal to High Court on question of law The persons listed in subclause (2) may appeal to the High Court, but only on a question of law, in respect of the whole or a part of a report of Environ- ment Canterbury recommending that— 5 10 (a) (b) a water conservation order be declined; or a water conservation order be made on the terms of the draft order inclu- ded in that report.
15 (2) The persons are— (a) (b) (c) (d) the person who applied for the order to which the report relates: a territorial authority whose district may be affected by the order: a person who made a submission to Environment Canterbury on the ap- plication: 20 any other person granted leave to appeal by the High Court on the ground that the person could not reasonably be expected to know that the report of Environment Canterbury would affect the person or an aspect of the public interest that the person represents.
Compare: 2010 No 12 s 53 5 (1) Provisions of RMA applying to appeal procedure Sections 300 to 307 of the RMA apply to an appeal under clause 4, with any necessary modifications including, in particular, treating every reference to the Environment Court or the Registrar of that court as if it were a reference to En- vironment Canterbury.

(2) The High Court Rules apply if a procedural matter is not provided for by or under those sections.
Compare: 2010 No 12 s 54 21 25 30 Schedule 2 Environment Canterbury (Transitional Governance Arrangements) Bill 6 Appeal to Court of Appeal Section 66 of the Judicature Act 1908 applies, with any necessary modifica- tions, to a decision of the High Court on an appeal under clause 4.
Compare: 2010 No 12 s 55 Making or declining to make water conservation order 5 7 Application of sections 214 and 215 of RMA Sections 214 and 215 of the RMA apply, with any necessary modifications, to making or declining to make a water conservation order as if— (a) every reference to a report of a special tribunal under section 208 of the RMA were a reference to a report of Environment Canterbury under this schedule; and 10 (b) the references to the Environment Court were omitted.
Compare: 2010 No 12 s 56 8 Scope and effect of water conservation order made under this schedule (1) A water conservation order made under section 214 of the RMA, as applied by clause 7, may impose restrictions or prohibitions on the performance of any of Environment Canterbury’s functions under section 30(1)(e) and (f) of the RMA as those functions relate to water.
15 (2) Restrictions or prohibitions imposed under subclause (1) may include, in par- ticular, restrictions or prohibitions relating to— 20 (a) (b) (c) the quantity, quality, rate of flow, or level of the water in a water body: the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for the water body: the maximum allocation for abstraction or maximum contaminant load- ing consistent with the purposes of the order: 25 (d) the ranges of temperature and pressure in a water body.
Compare: 2010 No 12 s 57 Delegations New delegations by Environment Canterbury of functions, powers, and duties 30 Environment Canterbury may delegate its functions, powers, and duties under this schedule (except the power to delegate) to— (a) (b) an employee; or a hearings commissioner appointed by Environment Canterbury.
35 9 (1) 22 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 2 (2) (3) 10 Section 34(7) to (10) of the RMA (which relates to delegations under that Act) applies, with any necessary modifications, to delegations made under sub- clause (1).

Subclause (2) does not limit clause 32 of Schedule 7 of the Local Govern- ment Act 2002.
Compare: 2010 No 12 s 59 Continued delegations by Environment Canterbury of functions, powers, and duties For the purposes of completing an application to which this schedule applies,— (a) (b) any delegation made to a committee or other subordinate decision-mak- ing body of Environment Canterbury appointed under the 2010 Act con- tinues on and from the commencement of this clause as if the delegation were made under clause 9; and the business or, if relevant, membership or change in membership of any such committee or other subordinate decision-making body is not affected by the repeal of that Act.
Compare: 2010 No 12 Schedule 2 cl 5 5 10 15 23 Schedule 3 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 3 Vision and principles of Canterbury Water Management Strategy— Strategic Framework, November 2009 s 19A Vision To enable present and future generations to gain the greatest social, economic, recrea- tional and cultural benefits from our water resources within an environmentally sus- tainable framework.
Fundamental principles Primary principles 1 Sustainable management Water is a public resource which must be managed in accordance with sustainability principles and be consistent with the Resource Management and Local Government Acts.
2 Regional approach 5 10 • • • • • • • • The planning of natural water use is guided by the following: • • first order priority considerations: the environment, customary uses, community supplies and stock water: second order priority considerations: irrigation, renewable electri- city generation, recreation, tourism and amenity.

A consistent regulatory approach to water is applied throughout the Can- terbury region, recognising these principles.

Both surface and groundwater are given equal importance.
Further development of scientific knowledge of the region’s water re- sources and the impacts of climate change are given priority.

The actual or potential cumulative effects the taking and using water can have on waterways are recognised and managed within defined stand- ards.

A cautious approach is taken when information is uncertain, unreliable, or inadequate.

The need for efficient use of water in existing and new infrastructure is recognised.
There is strong emphasis on the integration of water and land manage- ment including protection of indigenous biodiversity and enhancement of water quality.

24 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 3 • Current and potential effects of land use intensification is an integral part of decision-making on water takes.

This may mean amending regional and district plans.
3 Kaitiakitanga • The exercise of kaitiakitanga by Ngai Tahu applies to all water and lakes, rivers, hapua, waterways and wetlands, and shall be carried out in accordance with tikanga Maori.
Supporting principles 4 Natural character The natural character (mauri1) of Canterbury’s rivers, streams, lakes, ground- water and wetlands is preserved and enhanced: • • • • • natural flow regimes of rivers are maintained and, where they have been adversely affected by takes, enhanced where possible: the dynamic processes of Canterbury’s braided rivers define their char- acter and are protected: environmental flow regimes are established for every waterway where abstraction occurs: that restoration of natural character and biodiversity, is a priority for de- graded waterways, particularly lowland streams and lowland catch- ments: the interdependence of waterways and coastal ecosystems is recognised.
5 Indigenous biodiversity • • Indigenous flora and fauna and their habitats in rivers, streams, lakes, groundwater and wetlands are protected and valued.

The aims of the Canterbury Biodiversity Strategy are recognised and supported.

1 Mauri—the life force.

In the environment, mauri is used to describe the intrinsic values of all resources and of the total ecosystem.
25 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 3 6 Access • Public access to and along rivers, lakes, waterways and wetlands is maintained and, where appropriate, enhanced.

Access may need to be limited in situations including where environmental risk, public safety, security of assets, cultural values, biodiversity and farm management re- quire.

7 Quality drinking water • • • All those living in Canterbury have access to high quality drinking water.
The region’s high quality aquifer-sourced drinking water is protected.

Where Canterbury’s drinking water is currently untreated and safe for drinking, it is maintained at that high standard.

8 Recreational and amenity opportunities • • • • Rivers, lakes, groundwater and wetlands provide opportunities for enjoy- ment, recreation and tourism.

High quality water ensures contact recreation such as swimming, fish- ing, boating and other water sports are able to be enjoyed throughout Canterbury.
Adequate environmental flows should ensure that recreational users and tourists can enjoy Canterbury rivers.

Eco-tourism opportunities are recognised and encouraged.
9 Community and commercial use Water resources are used sustainably to enhance quality of life: • • • • • • • where water is abstracted, it is used effectively and efficiently: land use, industry, and business practices to not adversely impact on nat- ural water quality: discharges to waterways are minimised and do not compromise quality: land use practices are monitored and best practice approaches are re- quired: agricultural stock is excluded from all waterways in catchments where irrigated farming is practised and all lowland streams: where acclimatised wildlife in lowland streams cause contamination, they are appropriately managed: degraded waahi taonga are enhanced to restore tangata whenua cultural wellbeing.
26 Environment Canterbury (Transitional Governance Arrangements) Bill 26 August 2015 13 October 2015 15 February 2016 10 March 2016 5 April 2016 Legislative history Introduction (Bill 60–1) First reading and referral to Local Government and Environment Committee Reported from Local Government and Environment Committee (Bill 60–2) Second reading Committee of the whole House (Bill 60–3) Wellington, New Zealand: Published under the authority of the House of Representatives—2016 27