Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698844699998.pdf (New Zealand)
Environment Canterbury (Transitional Governance Arrangements) Bill Government Bill As reported from the Local Government and Environment Committee Commentary Recommendation The Local Government and Environment Committee has examined the Environment Canterbury (Transitional Governance Arrangements) Bill and recommends by majori- ty that it be passed with the amendments shown.
Introduction The Environment Canterbury (Transitional Governance Arrangements) Bill would re- place the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010.

The Act, as amended in 2013, appointed commissioners to the Canterbury Regional Council (Environment Canterbury).

It also gave them special functions and powers to expedite decisions about managing Canterbury’s natural resources—in particular, fresh water.
The Act specifies that the next Canterbury regional government election must be held in October 2016.

Purpose of the bill This bill would establish a new transitional mixed-model governance structure for Environment Canterbury during the 2016–19 local government term.

It also seeks to extend one of the 2010 Act’s special resource management powers.
Under the transitional mixed-model governance structure set out in the bill as intro- duced, Environment Canterbury would consist of 7 councillors elected from 4 constit- uencies throughout Canterbury and 3 to 6 councillors appointed by the Government.

60—2 2 Environment Canterbury (Transitional Governance Arrangements) Bill Commentary The appointed councillors would be required to have skills that complement those of the elected councillors.
The mixed-model structure is intended to allow for a stable governing body with spe- cialist expertise to continue the current freshwater management work.

This body would be replaced by a fully elected regional council in 2019.

This legislation would continue the 2010 Act’s limitation on appeal rights during the process of approving Canterbury freshwater management plans and regional policy statements.
Appeals could be made only by certain individuals to the High Court (not the Environment Court) on points of law.

These powers would end on the expiry of this legislation in 2019, or once all related decisions are made.

Two special resource management provisions in the 2010 Act would be repealed: the power to impose moratoria on resource consents and the interim process for water conservation order application hearings.

The majority of us recommend some small amendments to the bill as introduced.
This commentary focuses on these amendments and does not cover technical amendments.

Composition of appointed members The committee received several suggestions from submitters about the composition of the appointed members.

Submitters sought appointments with a variety of skill levels and ages.

Submitters also suggested that Te Rūnanga o Ngāi Tahu be specifically rep- resented.
To allay concern about the knowledge and expertise requirements in clause 11(2) of the bill, we wish to note our view that this list is not exhaustive.

Candidates with other skill sets would also be considered.

The majority of us recognise the need for Cantabrians of all ages to be represented at a regional council level.

However, we do not think that specific youth appointments to the temporary governing body are essential.
The majority of us consider that youth issues can be adequately addressed through standard local authority processes.

However, we encourage youth candidates to stand for election to the governing body.

Te Rūnanga o Ngāi Tahu representation Te Rūnanga o Ngāi Tahu is the Māori tribal authority for more than 80 percent of the South Island, including Canterbury.

It has significant interest in the management of Canterbury’s natural resources.
National, Labour, and Green party members agree that the Crown should work in partnership with Te Rūnanga o Ngāi Tahu so that Iwi interests are represented on the transitional governing body.

We recommend inserting new clause 11(1A), which would require 2 of the Govern- ment-appointed members to be appointed on the recommendation of Te Rūnanga o Ngāi Tahu.
New clause 11(1B) would require Te Rūnanga o Ngāi Tahu to take into Commentary Environment Canterbury (Transitional Governance Arrangements) Bill 3 account the knowledge and expertise requirements outlined in clause 11(2) and (3) of the bill when making a recommendation.

National, Labour, and Green party members also recommend inserting new clause 15(1A), which would require the Government to consult Te Rūnanga o Ngāi Tahu be- fore removing any member that it had recommended.
Any replacement of a member would again be subject to new clause 11(1A), as required by new clause 16(1AA).

Remuneration of members The majority of us note that remuneration would be based on a member’s role and not whether they were elected or appointed.

We also note that Environment Canterbury, and not the Crown, is responsible for remunerating elected and appointed members.

The majority of us also recommend replacing clause 18(2).
This amendment would clarify that the determination to be made by the Remuneration Authority by 15 July 2016 would be a preliminary one.

This would be in line with Remuneration Authority practice, giving prospective candidates an indication of minimum remuneration, al- lowances, and expenses payable.

Subsequent determinations would then be made after the election.
Resource Management Act arrangements during the transition period Limitation of appeal rights The majority of us recommend replacing clause 19 and amending clause 23 to make it clearer how these two clauses would apply and interact.

New clause 19 and amended clause 23 clarify that the limitation on appeal rights (al- lowing appeals only on points of law to the High Court) would apply only to fresh water plans and regional policy statements.
In addition, new clause 19(2) clarifies that all other plans and policy statements would proceed under the normal Resource Man- agement Act 1991 process.

We note concerns raised by submitters about the continued limitation on appeal rights to the Environment Court.

The majority of us consider that this transitional measure is desirable to expedite decisions about fresh water and nutrient management in Canter- bury until the whole framework is complete.
Additionally, we note that the Attorney- General considered this provision to be consistent with section 27(1) of the Bill of Rights Act 1990.

Consistency with the Canterbury Water Management Strategy In the bill as introduced, clause 19(b)(iii) and (c)(iii) would have required fresh water plans or regional policy statements to be consistent with the Canterbury Water Man- agement Strategy.

Requiring this is impractical, and the majority of us therefore rec- ommend new clause 19(1)(a)(iii) and (b)(iii).
This amendment would require fresh water plans and regional policy statements to be consistent with the “vision and prin- 4 Environment Canterbury (Transitional Governance Arrangements) Bill Commentary ciples” of the strategy.

This phrasing reflects the terminology used elsewhere in the bill.
Submitters also suggested requiring Environment Canterbury to have regard to the recommendations of its zone committees when considering fresh water plans or re- gional policy statements during the transitional period.

These are non-statutory bodies, and careful thought is needed about the appropriate- ness of giving legislative weight to these committees and their recommendations.

Therefore, we do not consider it appropriate to mention them in this legislation.
Transitional clauses The majority of us recommend inserting new clauses 1AA and 6 in Schedule 1 of the bill.

They would clarify the processes applicable to water conservation applications and proposed regional policy statements notified before transition day (which is the day after the 2016 election results are declared).

Conclusion The majority of us acknowledge the concern many submitters raised about the need for a mixed-model governance structure during the 2016–19 local government term.
This structure would retain the specialist knowledge and expertise within the council.

It is a transitional measure intended to provide a smooth transition away from the fully Government-appointed membership of Environment Canterbury.

The majority of us note that although appointed members would ultimately be ac- countable to the responsible Ministers, section 14 of Schedule 7 of the Local Govern- ment Act 2002 would apply to appointees.
This requires appointees to declare their intention to act in the best interests of the Canterbury region.

Along with the limitation on appeal rights, the mixed-model governance structure would help complete the remaining fresh water planning work.

The majority of us support the transitional measure proposed by this bill.

Some of us believe that it is unnecessary and would prefer a fully elected regional council in 2016 instead of 2019.
New Zealand Labour Party minority view The New Zealand Labour Party opposes the Environment Canterbury (Transitional Governance Arrangements) Bill.

It is our view that Canterbury should return to a fully democratically elected regional council at the 2016 triennial election.

We be- lieve that the Government has failed to make a logical, rational, or compelling case for the continuation of a system of regional government in the Canterbury region that is different than the rest of the country.
Simply put, this bill will establish a less-dem- ocratic form of regional government in Canterbury than exists in other parts of New Zealand.

The bill ignores several key principles of local government in New Zealand.
These include: Commentary Environment Canterbury (Transitional Governance Arrangements) Bill 5 • • • • local autonomy and decision-making with communities able to contribute to decisions about issues directly affecting them and for which they pay local differences and issues that are best met by designing solutions at a local level open and transparent processes local councils with the autonomy to respond to the range of different needs and priorities that exist in their communities.
Labour members are concerned that the bill fails to justify clear and robust criteria for the up to six Crown appointments.

Likewise, we are also concerned that there are no justified, transparent, or legitimate criteria for the size of the new constituencies es- tablished under the bill.

City constituencies are considerably larger than regional con- stituencies, and there is no rational justification for the departure from the formula ap- plied in other parts of New Zealand.
The bill also establishes differentiated forms of environmental protections in Canter- bury than in other parts of New Zealand.

The bill prohibits appeals on matters of fact to the Environment Court and instead only allows for appeals on points of law to the High Court.

This is a weakened form of environmental judicial review.

The Govern- ment has failed to justify why Canterbury will have weaker legal environmental pro- tections than the rest of the country.
We also note our disappointment at the rushed nature of this legislation.

Several sub- mitters noted that the timeframes for both written and oral submissions were not ad- equate.

The Government has known the timeframe needed for new legislation re- quired for regional governance in Canterbury and there is no justification for denying citizens the right to have a say on legislation that restricts their democratic rights.
Green Party of Aotearoa New Zealand minority view The Green Party opposed the Environment Canterbury (Transitional Governance Ar- rangements) Bill at its introduction.

Public submissions have underlined why Parlia- ment should decline to pass the bill.

Under the bill, Canterbury can only have a fully elected regional council after the 2019 local body elections.
Cantabrians will have been denied a fully functioning re- gional democracy for nearly a decade under this bill and the principal Act (the Envir- onment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010), which axed the elected regional council in 2010, and its 2013 amend- ments.

Only 15 of the 1,169 written submissions on the bill supported it.
Submitters strongly opposed the bill because it undermines democratic rights and because water quality and the state of Canterbury’s environment have continued to decline under the com- missioners’ regime.

The overwhelming majority of submitters called for a return to a fully elected Environment Canterbury Regional Council (ECan).
As Professor Emeritus Chris Kissling said in his submission: 6 Environment Canterbury (Transitional Governance Arrangements) Bill Commentary This bill is a denial of democracy in a country that prides itself on being demo- cratic…Continuance of central government appointed commissioners can be likened to the reservation of 25 percent of the new Parliament in Myanmar for the military under their military dictated constitution.

They do not trust their people.


Neither does the National Government in New Zealand trust its Canta- brians.

Here it is a dictatorship without guns but still a denial of constitutional propriety.1 As Keep Our Assets Canterbury said in its submission: No other Regional Council in New Zealand has a mixed member model of the sort proposed in this bill.
The proposed bill ensures that the people of Canter- bury will have a second class local democracy put in place to ensure that the water resource of New Zealand’s largest irrigable area see the water commons privatised and environmental standards lowered in the interests of intensive cor- porate farming.2 The Green Party agrees with Karena Brown who said in her submission: Every other part of the country gets to vote on their regional council.

There’s no good reason Canterbury should be any different.
It’s insulting that the Govern- ment thinks it knows better than local people.

It’s arrogant and it’s out of touch.3 The New Zealand Law Society opposed the bill, saying: Representative democracy is a fundamental principle that gives legitimacy to government and the exercise of state power.

Lord Cooke of Thorndon identified it as one of the “unalterable fundamentals” of our legal system (the other being independent courts).
The proposed further suspension of full democracy is in- consistent with one of New Zealand’s core constitutional values, namely a “free and democratic society”.4 Significant mismanagement by the Kaipara District Council of the Mangawhai com- munity wastewater scheme resulted in the Government appointing commissioners to replace elected councillors.

It also led to a major inquiry and report by the Auditor- General of the council’s failure to carry out its fundamental legal and accountability obligations.
Kaipara residents will be able to elect a new council in October 2016.

There was no such mismanagement in Canterbury, yet Cantabrians continue to be de- nied their right to vote for a fully elected council.

1 Professor Emeritus Christopher Kissling, Submission to the Local Government and Environ- ment Committee, received 11 November 2015.

2 Keep Our Assets Canterbury, Submission to the Local Government and Environment Commit- tee, received 19 November 2015, p. 2.
3 Karena Brown, Submission to the Local Government and Environment Committee, received 19 November 2015.

4 New Zealand Law Society, Submission to the Local Government and Environment Committee, received 19 November 2015, p. 7.

Commentary Environment Canterbury (Transitional Governance Arrangements) Bill 7 The lack of justification for the bill was a theme of many submissions.
As the New Zealand Law Society said: Suspension of the democratic right to vote within a region for any significant period could only be justified in exceptional circumstances.

The partial suspen- sion of that democratic right for nine and a half years requires particularly com- pelling justification.

Such justification has not been provided.

In the absence of such justification, the Law Society submits that the bill should not proceed.
It recommends a full return to democracy in the 2016 elections.5 The Green Party also agrees with the analysis of the Christchurch City Council, which said in its submission: The Council believes there is considerable discrepancy between the Govern- ment’s intentions at the time it appointed the Commissioners and the current bill (as foreshadowed in the discussion document).
The Cabinet paper prepared in response to the Creech Report noted that “the explicit intent is for the Com- missioners to withdraw and to be replaced by elected representatives as soon as their task is achieved and the present systemic issues are resolved”.

It is clear these objectives have been met.


However, the Government has reso- lutely clung to its position that the mixed governance model is the only way to support effective, accountable decision-making and strong organisational per- formance for another four years.
It has never properly explained why this could not be achieved by a fully elected governance body.6 The hybrid model in the bill means that six of ECan’s 13 governing members who would be making decisions on how the council’s statutory responsibilities are imple- mented, and the level of rates to be levied including how these are to be spent, will not be accountable to citizens.
This contradicts the purpose stated in clause 3 of the Local Government Act 2002, which is to provide for “democratic and effective local government”.

Those who pay for ECan to perform its regulatory functions under the Resource Management Act 1991 and other legislation to, for example, undertake flood protection, oversee pest management, and co-ordinate land transport planning, expect to be able to decide who will represent them at a governance level on the council.
The Government has said the mixed-governance model would strike “the right bal- ance between local representation and the specialist skills and expertise needed for good quality decision-making.”7 This suggests that elected members are unable to 5 Ibid, p. 7—8.

6 Christchurch City Council, Submission to the Local Government and Environment Committee, received 17 November 2015, p. 2.
7 Ministry for the Environment, March 2015, Environment Canterbury Review: A Discussion https://www.mfe.govt.nz/sites/default/files/media/RMA/ecan-review-discussion- Document, document.pdf, accessed 10 February 2016, p. 23.

8 Environment Canterbury (Transitional Governance Arrangements) Bill Commentary contribute specialist skills and good governance and fundamentally misunderstands and distrusts the role of local government.
People in Canterbury should not be second-class citizens having to live with second- class local body representation that this bill provides.

None of the other 77 local au- thorities in New Zealand have this half-pie model of democracy.

No other regional or unitary council in the country has Government appointees at the council table, and no other regional council is responsible for 60 percent of the water allocated for irriga- tion in New Zealand.
The Green Party also opposes provisions in the bill which continue to sideline the specialist Environment Court and restrict access to justice.

The bill prohibits appeals on freshwater plans on matters of fact to the Environment Court and only allows ap- peals on points of law to the High Court.
This limits the ability of citizens to chal- lenge regional plans to better protect water quality, aquatic biodiversity, mahinga kai and cultural values, and means Cantabrians have more limited access to justice than in other regions.

The Green Party believes that the citizens of Canterbury are more than capable of electing a competent regional council with a full complement of elected councillors to pursue policies of sustainable management of water, the coast, soils, air quality, and natural hazards.
It is time for the National Government to trust the people of Canter- bury to elect such councillors, and for them to do their job and be accountable to those they represent.

Environment Canterbury (Transitional Governance Arrangements) Bill 9 Commentary Appendix Committee process The Environment Canterbury (Transitional Governance Arrangements) Bill was re- ferred to the Local Government and Environment Committee on 13 October 2015.

The closing date for submissions was 19 November 2015.
We received and considered 93 submissions from interested groups and individuals.

We also received two form-style submissions from a total of 1,076 submitters.

We heard from 42 submitters in Christchurch.

We received advice from the Ministry for the Environment, the Department of Inter- nal Affairs, and the Parliamentary Counsel Office.
Committee membership Scott Simpson (Chairperson) Matt Doocey Paul Foster-Bell Joanne Hayes Tutehounuku Korako Ron Mark Todd Muller Hon David Parker Eugenie Sage James Shaw Meka Whaitiri Hon Ruth Dyson, Su’a William Sio, and Dr Megan Woods participated in the consid- eration of this item of business.
Environment Canterbury (Transitional Governance Arrangements) Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text inserted unanimously text deleted by a majority 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—2 3 3 3 4 6 6 6 6 6 7 7 8 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 Interpretation 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 Process to apply for applications made before transition day Approval of proposed Proposed fresh water plans and 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 Repeal 19A 26 27 28 29 30 31 32 33 2 34 35 36 37 38 39 40 41 42 Environment Canterbury (Transitional Governance Arrangements) Bill Part 1 cl 3 Section 17 amended (Term of office) Section 23 and cross-heading repealed 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 17 17 17 17 17 17 18 18 18 18 19 22 26 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) operate during the 2016 to 2019 local authority election-cycle period; and 15 3 Part 1 cl 4 Environment Canterbury (Transitional Governance Arrangements) Bill (b) (c) (d) 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 provide for a majority of members of the Council to be elected by the people of the Canterbury region; and 5 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.
10 (2) To this end, this Act— (a) (b) (c) (d) replaces the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010; and provides for a new governing body for the Canterbury Regional Council comprising a mix of elected and appointed members; and 15 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.
Interpretation In this Act, unless the context otherwise requires,— 2010 Act means the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 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 40 20 25 30 35 4 (1) 4 Environment Canterbury (Transitional Governance Arrangements) Bill Part 1 cl 4 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) 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— (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 comprising the members specified in sec- tion 8(1) (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— (a) (b) an application for a water conservation order in respect of a water body in the Canterbury region; and an application to revoke or vary a water conservation order in respect of a water body in the Canterbury region.
35 5 Part 1 cl 4A Environment Canterbury (Transitional Governance Arrangements) Bill (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.

(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 4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 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 continues continue, as if the Part they had not been repealed, for the purposes of completing any de- cision or decisions (including any appeals) to which the Part applies they apply that have not been completed before the resumption day; and 10 15 (b) for the purposes of paragraph (a), the transition period is to be treated as if it had not ended.
20 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 legislation enactment applicable to a local authority apply to Environment Canterbury except to the extent that those Acts enactments are inconsistent with, or modified by, this Act.
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 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.
25 30 6 5 10 15 Environment Canterbury (Transitional Governance Arrangements) Bill Part 2 cl 10 (2) During the transition period, every reference in the Local Government Act 2002 or any other Act enactment to a member or an elected member of a local authority or regional council must, in relation to Environment Canterbury, be read as including a reference to an appointed member (including, for example, treating a reference to the member’s election as a reference to the member’s ap- pointment).
(3) Without limiting subsection (2), during the transition period, each member of the transitional governing body has the same functions, powers, responsibil- 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.
Elected members Process for electing members 10 (1) The 7 Seven elected members of the transitional governing body must be elected at the 2016 election— (a) using the First Past the Post electoral system (as described generally in section 5A of the Local Electoral Act 2001); and 20 (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): (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.
(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 local authorities (the North Canterbury constituency): (a) Waimakariri District Council; and (b) Hurunui District Council; and (c) Kaikoura District Council.
25 30 35 7 Part 2 cl 11 Environment Canterbury (Transitional Governance Arrangements) Bill (5) Four members must be elected, at large, by electors within the district of the Christchurch City Council.

Appointed members 11 (1) Process for appointing members The responsible Ministers— 5 (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 10 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.
15 20 (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(1) 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.

25 (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— 30 35 notify the appointment in the Gazette; and give a copy of the notice of appointment to Environment Canterbury.
(a) (b) 8 Environment Canterbury (Transitional Governance Arrangements) Bill Part 2 cl 16 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.

(2) Appointed members come into office on the date stated in their notices of ap- 5 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 10 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: (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).
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 a references to the responsible Ministers.

15 20 Appointed members may be removed at discretion of responsible Ministers The responsible Ministers may, in their complete discretion, remove an appoin- ted member at any time.
25 (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) 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.
30 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.
35 9 Part 2 cl 17 Environment Canterbury (Transitional Governance Arrangements) Bill (2) 17 (1) (2) If a vacancy occurs in the office of an any other appointed member, the respon- sible Ministers may appoint a replacement member in accordance with sec- tions 11 and 12.
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).
5 10 (3) This section is subject to section 28.

Remuneration of members Remuneration of members The Remuneration Authority must, no later than 15 July 2016, determine the remuneration, allowances, and expenses payable to— 15 (a) (b) the chairperson, deputy chairperson, and other members of Environment Canterbury who will hold office during the transition period: chairpersons of committees of Environment Canterbury who will hold office during the transition period.
The Remuneration Authority may also determine the remuneration, allow- ances, and expenses payable to members of Environment Canterbury with spe- cified responsibilities during the transition period other than those of the per- sons listed in subsection (1), if requested to do so by Environment Canter- bury during that period.
Clauses 6 to 13 of Schedule 7 of the Local Government Act 2002 apply for the purposes of making a determination under this section as modified in the fol- lowing manner determinations in respect of Environment Canterbury as fol- lows: (a) (b) (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 the expiry date of the determination must be no later than the resumption day; 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.
(c) clause 7A(4) of the schedule does not apply.

20 25 30 35 18 (1) (2) (3) 10 Environment Canterbury (Transitional Governance Arrangements) Bill Part 3 cl 19 (4) Environment Canterbury, and not the Crown, is responsible for payments to ap- pointed members made in accordance with a determination made under this section.
(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— 5 (a) the chairperson, deputy chairperson, and other members of Environment Canterbury; and (b) chairpersons of committees of Environment Canterbury.
Part 3 RMA arrangements during transition period 10 19 Interpretation In this Part, proposed plan or regional policy statement— (a) means the Canterbury Land and Water Regional Plan; and (b) means a proposed plan, or change to or variation of any other plan, 15 that— (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 is relevant to the management of fresh water within the Canter- bury region; and 20 is consistent with the Canterbury Water Management Strategy; and (c) means any proposed regional policy statement, or change to or variation of a regional policy statement, that— 25 (i) (ii) 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 is relevant to the management of fresh water within the Canter- bury region; and 30 (iii) is consistent with the Canterbury Water Management Strategy; but (d) does not include a proposed regional coastal plan or change to or vari- ation of a regional coastal plan.
19 (1) Proposed fresh water plan or regional policy statement to which this Part applies 35 This Part applies to the following (a proposed fresh water plan or regional policy statement): 11 Part 3 cl 19A Environment Canterbury (Transitional Governance Arrangements) Bill (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) (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 5 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— 10 (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 15 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).
20 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— 25 (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) 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.
30 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— 35 (a) 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 (2) 20 (1) 12 Environment Canterbury (Transitional Governance Arrangements) Bill Part 3 cl 24 (b) so far as they are relevant, to any proposed fresh water plan or regional policy statement.
(2) Part 9 of the RMA applies to water conservation applications to which section 22 and Schedules 1 and 2 apply to the extent that Part 9 is not inconsistent with, or modified by, that section and those schedules.

5 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.
22 (1) (2) 23 (1) Process to apply for applications made before transition day Subsection (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 the relevant clause in Schedule 1 of this Act.
Approval of proposed Proposed fresh water plans and or regional policy statements 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.
(2) For the purposes of this section, the vision and principles of the Canterbury Water Management Strategy— 10 15 20 (a) means the text of the vision and principles included in the Canterbury 25 Water Management Strategy as reproduced in Schedule 3; but does not include any amendments to that text.
(b) 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.
30 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 (3) 24 (1) 13 Part 3 cl 25 Environment Canterbury (Transitional Governance Arrangements) Bill (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 10 (5) An appeal under subsection (3)— (a) must be lodged in accordance with the requirements stated in the notice 15 served under subsection (4); and (b) may relate only to a provision or matter raised referred to in the submis- sion 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 20 Sections 300 to 307 of the RMA apply to an appeal under section 24, with the any necessary modifications including, in particular, treating every refer- ence to the Environment Court or the Registrar of that court as if it were a ref- erence to Environment Canterbury.

(6) 25 (1) (2) The High Court Rules apply if a procedural matter is not provided for by or under those sections.
25 26 Appeal to Court of Appeal Section 66 of the Judicature Act 1908 and Part 20 of the High Court Rules apply applies, with the any necessary modifications, to a decision of the High Court on an appeal under section 24.
30 14 Environment Canterbury (Transitional Governance Arrangements) Bill Part 4 cl 28 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 5 (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 10 (b) for each following 6-month period.
(2) Environment Canterbury must provide a report for each period as soon as prac- ticable after the end of the period.

(3) Each report must contain at least the following information: (a) (b) (c) progress on the Canterbury Land and Water Regional Plan; and 15 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.
28 Governance arrangements if emergency before appointed members take office 20 (1) This section applies if, and only if, after the 2016 election 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).
25 (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.
(3) Despite subsection (2),— (a) (b) the members elected as chairperson and deputy chairperson (at the first meeting of Environment Canterbury after the 2016 election transition day) hold office only until a chairperson and deputy chairperson are elected in accordance 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.
30 35 15 Part 4 cl 29 Environment Canterbury (Transitional Governance Arrangements) Bill (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 5 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 10 15 20 25 30 Amendments to 2010 Act This subpart amends the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010.

30 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”.
35 16 Environment Canterbury (Transitional Governance Arrangements) Bill Part 4 cl 39 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.
5 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 10 15 20 25 38 Section 35 amended (Notification of moratorium) In section 35(c), replace “resumption” with “transition”.

39 (1) (2) (3) 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”.

30 In section 46(4)(a), delete “; and”.

Repeal section 46(4)(b).


17 Part 4 cl 40 Environment Canterbury (Transitional Governance Arrangements) Bill 40 Section 55 replaced (Appeal to Court of Appeal) Replace section 55 with: 55 Appeal to Court of Appeal Section 66 of the Judicature Act 1908 and Part 20 of the High Court Rules apply applies, with the any necessary modifications, to a decision of the High Court on an appeal under section 53.

5 41 Section 60 and cross-heading repealed Repeal section 60 and the cross-heading above section 60.
42 Schedule 2 repealed Repeal Schedule 2.

10 18 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 1 Schedule 1 Transitional, savings, and related provisions s 4A 22(2) 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) 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— 5 10 15 (a) (b) (c) that was made before the transition day; and 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 (2) 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 25 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.
3 (1) Applications satisfying section 58 test This clause applies to an application to revoke or vary a water conservation order— 30 (a) (b) that was made before the transition day; and that the Minister for the Environment had decided met the criteria in sec- tion 58 of the 2010 Act; and 19 Schedule 1 Environment Canterbury (Transitional Governance Arrangements) Bill (2) (3) 4 (1) (c) in relation to which the applicant had not been notified of the Minister’s decision before the transition day.
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.
Applications where hearing required but not yet commenced This section clause applies to an application that, before the transition day, En- vironment Canterbury— (a) had received from the Minister for the Environment in accordance with the 2010 Act; but 5 10 (b) had not commenced a hearing into under subpart 3 of Part 3 of that Act.
15 (2) Environment Canterbury must, as soon as practicable,— (a) (b) return the application and any submissions received on it to the Minister; and give public notice and a notice to the applicant and any submitters that the application— 20 (i) (ii) has been returned to the Minister; and is to be dealt with under Part 9 of the RMA by a special tribunal.
(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 25 (b) forward the application and copies of any submissions received from En- vironment Canterbury to the special tribunal.
(4) The special tribunal must, as soon as it is appointed, notify the applicant that the applicant may— 30 (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 (b) within 30 working days after the date of the notice, submit a revised ap- plication to the special tribunal.
35 (5) At the end of the 30-working-day period, the special tribunal must— (a) comply with section 204 of the RMA in relation to the application or re- vised application, if one is received; and 20 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 1 (b) serve on each person who made a submission on the application under subpart 3 of Part 3 of the 2010 Act— (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 section 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 10 (b) the process (including appeals) had not been completed before that day.

(2) The application must be completed in accordance with Schedule 2 of this Act.
Proposed regional policy statements or plans notified before transition day 15 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.
20 21 Schedule 2 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 2 Process for completing water conservation applications partly heard before transition day 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 22 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 the 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 Environment 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 23 25 30 Schedule 2 Environment Canterbury (Transitional Governance Arrangements) Bill 6 Appeal to Court of Appeal Section 66 of the Judicature Act 1908 and Part 20 of the High Court Rules apply applies, with theany necessary modifications, to a decision of the High Court on an appeal under clause 4.
Compare: 2010 No 12 s 55 5 Making or declining to make water conservation order 7 Application of sections 214 and 215 of RMA Sections 214 and 215 of the RMA apply, with the 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 15 (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.
(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: 25 the maximum allocation for abstraction or maximum contaminant load- ing consistent with the purposes of the order: (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 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.
30 35 9 (1) 24 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 25 Schedule 3 Environment Canterbury (Transitional Governance Arrangements) Bill Schedule 3 Vision and principles of Canterbury Water Management Strategy— Strategic Framework, November 2009 s 23 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 sustain- ability 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.

26 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 (mauri8) 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.

8 Mauri—the life force.

In the environment, mauri is used to describe the intrinsic values of all resources and of the total ecosystem.
27 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.
28 Environment Canterbury (Transitional Governance Arrangements) Bill 26 August 2015 13 October 2015 Legislative history Introduction (Bill 60–1) First reading and referral to Local Government and Environment Committee Wellington, New Zealand: Published under the authority of the House of Representatives—2016 29