Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698845005292.pdf (New Zealand)
(2) A territorial authority must include the following policies in its district plan: 831 Schedule 3A Resource Management Act 1991 Version as at 13 April 2023 Policy 1 (a) (b) enable a variety of housing types with a mix of densities within the zone, including 3-storey attached and detached dwellings, and low-rise apart‐ ments: Policy 2 apply the MDRS across all relevant residential zones in the district plan except in circumstances where a qualifying matter is relevant (including matters of significance such as historic heritage and the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga): Policy 3 (c) encourage development to achieve attractive and safe streets and public open spaces, including by providing for passive surveillance: Policy 4 (d) enable housing to be designed to meet the day-to-day needs of residents: Policy 5 (e) provide for developments not meeting permitted activity status, while encouraging high-quality developments.
Schedule 3A clause 6: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

Subdivision requirements Heading: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
7 General subdivision requirements Any subdivision provisions (including rules and standards) must be consistent with the level of development permitted under the other clauses of this sched‐ ule, and provide for subdivision applications as a controlled activity.

Schedule 3A clause 7: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
8 Further rules about subdivision requirements Without limiting clause 7, there must be no minimum lot size, shape size, or other size-related subdivision requirements for the following: (a) any allotment with an existing residential unit, if— (i) either the subdivision does not increase the degree of any non- compliance with the density standards in the district plan (once incorporated as required by section 77G) or land use consent has been granted; and (ii) no vacant allotments are created: 832 Version as at 13 April 2023 Resource Management Act 1991 Schedule 3A (b) any allotment with no existing residential unit, where a subdivision application is accompanied by a land use application that will be deter‐ mined concurrently if the applicant for the resource consent can demon‐ strate that— (i) (ii) it is practicable to construct on every allotment within the pro‐ posed subdivision, as a permitted activity, a residential unit; and each residential unit complies with the density standards in the district plan (once incorporated as required by section 77G); and (iii) no vacant allotments are created.
Schedule 3A clause 8: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

9 Rules about common walls For the purposes of clause 8(a)(i), if a subdivision is proposed between residen‐ tial units that share a common wall, the requirements as to height in relation to boundary in the district plan (once incorporated as required in section 77G) do not apply along the length of the common wall.
Schedule 3A clause 9: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

Part 2 Density standards Schedule 3A Part 2: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

10 Number of residential units per site There must be no more than 3 residential units per site.
Schedule 3A clause 10: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
11 Building height Buildings must not exceed 11 metres in height, except that 50% of a building’s roof in elevation, measured vertically from the junction between wall and roof, may exceed this height by 1 metre, where the entire roof slopes 15° or more, as shown on the following diagram: 833 Schedule 3A Resource Management Act 1991 Version as at 13 April 2023 Schedule 3A clause 11: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
Height in relation to boundary Buildings must not project beyond a 60° recession plane measured from a point 4 metres vertically above ground level along all boundaries, as shown on the following diagram.
Where the boundary forms part of a legal right of way, entrance strip, access site, or pedestrian access way, the height in relation to 12 (1) 834 Version as at 13 April 2023 Resource Management Act 1991 Schedule 3A boundary applies from the farthest boundary of that legal right of way, entrance strip, access site, or pedestrian access way.
(2) This standard does not apply to— (a) (b) (c) a boundary with a road: existing or proposed internal boundaries within a site: site boundaries where there is an existing common wall between 2 build‐ ings on adjacent sites or where a common wall is proposed.

Schedule 3A clause 12: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
13 (1) Setbacks Buildings must be set back from the relevant boundary by the minimum depth listed in the yards table below: Yard Front Side Rear Minimum depth 1.5 metres 1 metre 1 metre (excluded on corner sites) (2) This standard does not apply to site boundaries where there is an existing com‐ mon wall between 2 buildings on adjacent sites or where a common wall is proposed.
Schedule 3A clause 13: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

835 Schedule 3A Resource Management Act 1991 Version as at 13 April 2023 14 Building coverage The maximum building coverage must not exceed 50% of the net site area.

Schedule 3A clause 14: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
15 Outdoor living space (per unit) (1) A residential unit at ground floor level must have an outdoor living space that is at least 20 square metres and that comprises ground floor, balcony, patio, or roof terrace space that,— (a) where located at ground level, has no dimension less than 3 metres; and (b) where provided in the form of a balcony, patio, or roof terrace, is at least 8 square metres and has a minimum dimension of 1.8 metres; and (c) is accessible from the residential unit; and (d) may be— (i) grouped cumulatively by area in 1 communally accessible loca‐ tion; or (ii) located directly adjacent to the unit; and (e) is free of buildings, parking spaces, and servicing and manoeuvring areas.
(2) A residential unit located above ground floor level must have an outdoor living space in the form of a balcony, patio, or roof terrace that— (a) is at least 8 square metres and has a minimum dimension of 1.8 metres; and (b) is accessible from the residential unit; and (c) may be— (i) grouped cumulatively by area in 1 communally accessible loca‐ tion, in which case it may be located at ground level; or (ii) located directly adjacent to the unit.
Schedule 3A clause 15: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

16 Outlook space (per unit) (1) An outlook space must be provided for each residential unit as specified in this clause.
836 Version as at 13 April 2023 Resource Management Act 1991 Schedule 3A (2) An outlook space must be provided from habitable room windows as shown in the diagram below: (3) The minimum dimensions for a required outlook space are as follows: (a) (b) a principal living room must have an outlook space with a minimum dimension of 4 metres in depth and 4 metres in width; and all other habitable rooms must have an outlook space with a minimum dimension of 1 metre in depth and 1 metre in width.
(4) The width of the outlook space is measured from the centre point of the largest window on the building face to which it applies.

(5) Outlook spaces may be over driveways and footpaths within the site or over a public street or other public open space.

(6) Outlook spaces may overlap where they are on the same wall plane in the case of a multi-storey building.

(7) Outlook spaces may be under or over a balcony.

(8) Outlook spaces required from different rooms within the same building may overlap.
(9) Outlook spaces must— (a) (b) be clear and unobstructed by buildings; and not extend over an outlook space or outdoor living space required by another dwelling.

Schedule 3A clause 16: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
837 Schedule 3A Resource Management Act 1991 Version as at 13 April 2023 17 Windows to street Any residential unit facing the street must have a minimum of 20% of the street-facing façade in glazing.

This can be in the form of windows or doors.

Schedule 3A clause 17: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
18 Landscaped area (1) A residential unit at ground floor level must have a landscaped area of a min‐ imum of 20% of a developed site with grass or plants, and can include the can‐ opy of trees regardless of the ground treatment below them.

(2) The landscaped area may be located on any part of the development site, and does not need to be associated with each residential unit.
Schedule 3A clause 18: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
838 Version as at 13 April 2023 Resource Management Act 1991 Schedule 3B Schedule 3B Policies 3, 4, and 5 of National Policy Statement on Urban Development 2020 (as amended by section 77S(1) of the Act) ss 2(1), 77S(1) Schedule 3B: inserted, on 21 December 2021, by section 17 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
Policy 3: In relation to tier 1 urban environments, regional policy statements and dis‐ trict plans enable: (a) (b) (c) in city centre zones, building heights and density of urban form to realise as much development capacity as possible, to maximise benefits of intensifica‐ tion; and in metropolitan centre zones, building heights and density of urban form to reflect demand for housing and business use in those locations, and in all cases building heights of at least 6 storeys; and building heights of at least 6 storeys within at least a walkable catchment of the following: (i) (ii) existing and planned rapid transit stops: the edge of city centre zones: (iii) the edge of metropolitan centre zones; and (d) within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activities and community services.
Policy 4: Regional policy statements and district plans applying to tier 1 urban envir‐ onments modify the relevant building height or density requirements under Policy 3 only to the extent necessary (as specified in subpart 6) to accommodate a qualifying matter in that area.
Policy 5: Regional policy statements and district plans applying to tier 2 and 3 urban environments enable heights and density of urban form commensurate with the greater of: (a) the level of accessibility by existing or planned active or public transport to a range of commercial activities and community services; or (b) relative demand for housing and business use in that location.
839 Schedule 4 Resource Management Act 1991 Version as at 13 April 2023 Schedule 4 Information required in application for resource consent Schedule 4: replaced, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

s 88, Schedule 1 1 Information must be specified in sufficient detail Any information required by this schedule, including an assessment under clause 2(1)(f) or (g), must be specified in sufficient detail to satisfy the purpose for which it is required.
Schedule 4 clause 1: replaced, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

1AA [Repealed] Schedule 4 clause 1AA: repealed, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

1A Matters to be included in assessment of effects on environment [Repealed] Schedule 4 clause 1A: repealed, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).
2 Information required in all applications (1) An application for a resource consent for an activity (the activity) must include the following: (a) (b) (c) (d) (e) (f) (g) a description of the activity: a description of the site at which the activity is to occur: the full name and address of each owner or occupier of the site: a description of any other activities that are part of the proposal to which the application relates: a description of any other resource consents required for the proposal to which the application relates: an assessment of the activity against the matters set out in Part 2: an assessment of the activity against any relevant provisions of a docu‐ ment referred to in section 104(1)(b).
(2) The assessment under subclause (1)(g) must include an assessment of the activ‐ ity against— (a) (b) any relevant objectives, policies, or rules in a document; and any relevant requirements, conditions, or permissions in any rules in a document; and 840 Version as at 13 April 2023 Resource Management Act 1991 Schedule 4 (c) any other relevant requirements in a document (for example, in a national environmental standard or other regulations).
(3) An application must also include an assessment of the activity’s effects on the environment that— (a) (b) (c) includes the information required by clause 6; and addresses the matters specified in clause 7; and includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment.

Schedule 4 clause 2: replaced, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).
3 Additional information required in some applications An application must also include any of the following that apply: (a) (b) (c) if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the per‐ mitted activity (so that a resource consent is not required for that activity under section 87A(1)): if the application is affected by section 124 or 165ZH(1)(c) (which relate to existing resource consents), an assessment of the value of the invest‐ ment of the existing consent holder (for the purposes of section 104(2A)): if the activity is to occur in an area within the scope of a planning docu‐ ment prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 104(2B)).
Schedule 4 clause 3: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).
4 Additional information required in application for subdivision consent An application for a subdivision consent must also include information that adequately defines the following: (a) (b) (c) (d) the position of all new boundaries: the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan: the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips: the locations and areas of any existing esplanade reserves, esplanade strips, and access strips: 841 Schedule 4 Resource Management Act 1991 Version as at 13 April 2023 (e) (f) the locations and areas of any part of the bed of a river or lake to be ves‐ ted in a territorial authority under section 237A: the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A): (g) the locations and areas of land to be set aside as new roads.
Schedule 4 clause 4: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

5 Additional information required in application for reclamation An application for a resource consent for reclamation must also include infor‐ mation to show the area to be reclaimed, including the following: (a) (b) (c) the location of the area: if practicable, the position of all new boundaries: any part of the area to be set aside as an esplanade reserve or esplanade strip.
Schedule 4 clause 5: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

Assessment of environmental effects Heading: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).
6 Information required in assessment of environmental effects (1) An assessment of the activity’s effects on the environment must include the fol‐ lowing information: (a) (b) (c) (d) if it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity: an assessment of the actual or potential effect on the environment of the activity: if the activity includes the use of hazardous installations, an assessment of any risks to the environment that are likely to arise from such use: if the activity includes the discharge of any contaminant, a description of— (i) (ii) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and any possible alternative methods of discharge, including discharge into any other receiving environment: (e) a description of the mitigation measures (including safeguards and con‐ tingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect: 842 Version as at 13 April 2023 Resource Management Act 1991 Schedule 4 (f) (g) (h) identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted: if the scale and significance of the activity’s effects are such that moni‐ toring is required, a description of how and by whom the effects will be monitored if the activity is approved: if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected cus‐ tomary rights group).
(2) A requirement to include information in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

(3) To avoid doubt, subclause (1)(f) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not— (a) (b) oblige the applicant to consult any person; or create any ground for expecting that the applicant will consult any per‐ son.
Schedule 4 clause 6: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

Schedule 4 clause 6(1)(c): amended, on 19 April 2017, by section 121(a) of the Resource Legislation Amendment Act 2017 (2017 No 15).
7 Matters that must be addressed by assessment of environmental effects (1) An assessment of the activity’s effects on the environment must address the following matters: (a) (b) (c) (d) (e) (f) any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects: any physical effect on the locality, including any landscape and visual effects: any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity: any effect on natural and physical resources having aesthetic, recrea‐ tional, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and dis‐ posal of contaminants: any risk to the neighbourhood, the wider community, or the environment through natural hazards or hazardous installations.
(2) The requirement to address a matter in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

843 Schedule 5 Resource Management Act 1991 Version as at 13 April 2023 Schedule 4 clause 7: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

Schedule 4 clause 7(1)(f): amended, on 19 April 2017, by section 121(b) of the Resource Legislation Amendment Act 2017 (2017 No 15).
Schedule 5 Provisions applying in respect of the Hazards Control Commission [Repealed] Schedule 5: repealed, on 2 July 2001, by section 149 of the Hazardous Substances and New Organ‐ isms Act 1996 (1996 No 30).

s 350 844 Version as at 13 April 2023 Resource Management Act 1991 Schedule 6 Schedule 6 Enactments repealed s 361(1) Atomic Energy Amendment Act 1957 (1957 No 12) (RS Vol 1, p 199) Amendment(s) incorporated in the Act(s).
Clean Air Act 1972 (1972 No 31) (RS Vol 24, p 127) Clean Air Amendment Act 1982 (1982 No 31) (RS Vol 24, p 192) Clean Air Amendment Act 1986 (1986 No 79) (RS Vol 24, p 195) Clean Air Amendment Act 1987 (1987 No 22) (RS Vol 24, p 196) Clean Air Amendment Act 1988 (1988 No 180) (RS Vol 24, p 199) Clutha Development (Clyde Dam) Empowering Act 1982 (1982 No 20) Clutha Development (Clyde Dam) Empowering Amendment Act 1988 (1988 No 56) Geothermal Energy Amendment Act 1957 (1957 No 51) (Reprinted 1975, Vol 3, p 2035) Geothermal Energy Amendment Act 1966 (1966 No 50) (Reprinted 1975, Vol 3, p 2035) Geothermal Energy Amendment Act 1973 (1973 No 64) (Reprinted 1975, Vol 3, p 2036) Geothermal Energy Amendment Act 1977 (1977 No 89) Harbours Amendment Act 1981 (1981 No 72) Hawke’s Bay Rivers Act 1919 (1919 No 22 (L)) Hawke’s Bay Rivers Amendment Act 1920 (1920 No 3 (L)) Hawke’s Bay Rivers Amendment Act 1930 (1930 No 16 (L)) Hawke’s Bay Rivers Amendment Act 1932–33 (1932–33 No 9 (L)) Hawke’s Bay Rivers Amendment Act 1933 (1933 No 15 (L)) Hawke’s Bay Rivers Amendment Act 1934–35 (1934–35 No 3 (L)) Hawke’s Bay Rivers Amendment Act 1936 (1936 No 9 (L)) 845 Schedule 6 Resource Management Act 1991 Version as at 13 April 2023 Iron and Steel Industry Act 1959 (1959 No 100) (RS Vol 9, p 199) Iron and Steel Industry Amendment Act 1965 (1965 No 130) (RS Vol 9, p 187) Kumara Sludge Channel Act 1889 (1889 No 19 (L)) Marine Farming Amendment Act 1975 (1975 No 51) (RS Vol 22, p 747) Marine Farming Amendment Act 1976 (1976 No 147) (RS Vol
 22, p 748) Marine Farming Amendment Act 1977 (1977 No 188) (RS Vol 22, p 749) Marine Farming Amendment Act 1983 (1983 No 17) (RS Vol 22, p 749) Marine Farming Amendment Act 1987 (1987 No 36) (RS Vol 22, p 750) Noise Control Act 1982 (1982 No 140) Noise Control Amendment Act 1987 (1987 No 84) Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915 (1915 No 68) (RS Vol 11, p 551) Amendment(s) incorporated in the Act(s).
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1917 (1917 No 26) (RS Vol 11, p 552) Amendment(s) incorporated in the Act(s).

Sand Drift Act 1908 (1908 No 169) (RS Vol 11, p 315) Statutes Amendment Act 1945 (1945 No 40) (RS Vol 11, p 554) Amendment(s) incorporated in the Act(s).
Town and Country Planning Act 1977 (1977 No 121) (RS Vol 16, p 521) Town and Country Planning Amendment Act 1980 (1980 No 167) (RS Vol 16, p 650) Town and Country Planning Amendment Act 1983 (1983 No 149) (RS Vol 16, p 653) Town and Country Planning Amendment Act 1987 (1987 No 69) Town and Country Planning Amendment Act 1988 (1988 No 44) Town and Country Planning Amendment Act (No 2) 1988 (1988 No 214) Waihou and Ohinemuri Rivers Improvement Act 1910 (1910 No 37 (L)) (Reprinted 1931, Vol 4, p 582) 846 Version as at 13 April 2023 Resource Management Act 1991 Schedule 6 Waihou and Ohinemuri Rivers Improvement Amendment Act 1958 (1958 No 101) Waitohi River Bed Act 1889 (1889 No 15 (L)) Water and Soil Conservation Act 1967 (1967 No 135) (RS Vol 17, p 783) Water and Soil Conservation Amendment Act 1968 (1968 No 117) (RS Vol 17, p 856) Water and Soil Conservation Amendment Act 1969 (1969 No 114) (RS Vol 17, p 857) Water and Soil Conservation Amendment Act 1971 (1971 No 24) (RS Vol 17, p 857) Water and Soil Conservation Amendment Act (No 2) 1971 (1971 No 154) (RS Vol 17, p 873) Water and Soil Conservation Amendment Act 1972 (1972 No 114) (RS Vol 17, p 876) Water and Soil Conservation Amendment Act 1973 (1973 No 24) (RS Vol 17, p 877) Water and Soil Conservation Amendment Act 1974 (1974 No 137) (RS Vol 17, p 887) Water and Soil Conservation Amendment Act 1976 (1976 No 164) (RS Vol 17, p 889) Water and Soil Conservation Amendment Act 1980 (1980 No 153) (RS Vol 17, p 889) Water and Soil Conservation Amendment Act 1981
 (1981 No 123) (RS Vol 17, p 890) Water and Soil Conservation Amendment Act 1983 (1983 No 151) (RS Vol 17, p 891) Water and Soil Conservation Amendment Act 1987 (1987 No 203) Water and Soil Conservation Amendment Act 1988 (1988 No 47) Water and Soil Conservation Amendment Act 1990 (1990 No 17) Woodville Borough Drainage Empowering Act 1910 (1910 No 28 (L)) 847 Schedule 7 Resource Management Act 1991 Schedule 7 Regulations and orders revoked Clean Air Act Schedules Order 1982 (SR 1982/278) Clean Air Act (Smoke)
 Regulations 1975 (SR 1975/52) Clean Air (Licensing) Regulations 1973 (SR 1973/303) Version as at 13 April 2023 s 361(2) Clean Air (Licensing) Regulations 1973, Amendment No 1 (SR 1983/45) Clean Air (Licensing) Regulations 1973, Amendment No 2 (SR 1987/17) Clean Air Zone (Christchurch) Order 1977 (SR 1977/172) Clean Air Zone (Christchurch) Order 1977, Amendment No 1 (SR 1979/258) Clean Air Zone (Christchurch) Order 1977, Amendment No 2 (SR 1981/70) Clean Air Zone (Christchurch) Order 1977, Amendment No 3 (SR 1982/247) Clean Air Zone (Christchurch) Order 1977, Amendment No 4 (SR 1988/97) Clean Air Zones (Canterbury Region) Order 1984 (SR 1984/81) Clean Air Zones (Canterbury Region) Order 1984, Amendment No 1 (SR 1988/98) Soil Conservation Regulations 1945 (SR 1945/32) Town and Country Planning Regulations 1978 (SR 1978/130) Town and Country Planning Regulations 1978, Amendment No 1 (SR 1981/104) Town and Country Planning Regulations 1978, Amendment No 2 (SR 1988/191) Water and Soil Conservation Regulations 1968 (SR 1968/181) Water and Soil Conservation Regulations 1968, Amendment No 1 (SR 1970/56) Water and Soil Conservation Regulations 1968, Amendment No 2 (SR 1978/36) 848 Version as at 13 April 2023 Resource Management Act 1991 Schedule 8 Schedule 8 Enactments amended Part 1 Amendments to Acts Airport Authorities Act 1966 (1966 No 51) (RS Vol 17, p 1) Amendment(s) incorporated in the Act(s).
Atomic Energy Act 1945 (1945 No 41) (RS Vol 1, p 189) Amendment(s) incorporated in the Act(s).

Conservation Act 1987 (1987 No 65) Amendment(s) incorporated in the Act(s).

Conservation Law Reform Act 1990 (1990 No 31) Amendment(s) incorporated in the Act(s).

Environment Act 1986 (1986 No 127) Amendment(s) incorporated in the Act(s).

Fire Service Act 1975 (1975 No 42) Amendment(s) incorporated in the Act(s).

Fisheries Act 1983 (1983 No 14) Amendment(s) incorporated in the Act(s).
Forest and Rural Fires Act 1977 (1977 No 52) (RS Vol 23, p 407) Amendment(s) incorporated in the Act(s).

Forestry Encouragement Act 1962 (1962 No 20) (RS Vol 17, p 213) Amendment(s) incorporated in the Act(s).

Gas Act 1982 (1982 No 27) Amendment(s) incorporated in the Act(s).

Geothermal Energy Act 1953 (1953 No 102) Amendment(s) incorporated in the Act(s).

Harbours Act 1950 (1950 No 34) Amendment(s) incorporated in the Act(s).
s 362 849 Schedule 8 Resource Management Act 1991 Version as at 13 April 2023 Historic Places Act 1980 (1980 No 16) Amendment(s) incorporated in the Act(s).

Housing Act 1955 (1955 No 51) (RS Vol 7, p 297) Amendment(s) incorporated in the Act(s).

Income Tax Act 1976 (1976 No 65) Amendment(s) incorporated in the Act(s).

Irrigation Schemes Act 1990 (1990 No 52) Amendment(s) incorporated in the Act(s).
Lake Wanaka Preservation Act 1973 (1973 No 107) (RS Vol 24, p 363) Amendment(s) incorporated in the Act(s).

Land Act 1948 (1948 No 64) Amendment(s) incorporated in the Act(s).

Land Drainage Act 1908 (1908 No 96) Amendment(s) incorporated in the Act(s).

Land Settlement Promotion and Land Acquisition Act 1952 (1952 No 34) Amendment(s) incorporated in the Act(s).

Land Transfer Act 1952 (1952 No 52) (RS Vol 22, p 531) Amendment(s) incorporated in the Act(s).
Legal Aid Act 1969 (1969 No 47) Amendment(s) incorporated in the Act(s).

Local Authorities Loans Act 1956 (1956 No 63) Amendment(s) incorporated in the Act(s).

Local Government Act 1974 (1974 No 66) Amendment(s) incorporated in the Act(s).

Local Government Amendment Act 1978 (1978 No 43) Amendment(s) incorporated in the Act(s).

Local Government Official Information and Meetings Act 1987 (1987 No 174) Amendment(s) incorporated in the Act(s).
Maori Affairs Act 1953 (1953 No 94) Amendment(s) incorporated in the Act(s).

850 Version as at 13 April 2023 Resource Management Act 1991 Schedule 8 Marine Farming Act 1971 (1971 No 29) Amendment(s) incorporated in the Act(s).

Marine Pollution Act 1974 (1974 No 14) Amendment(s) incorporated in the Act(s).

Ministry of Energy (Abolition) Act 1989 (1989 No 140) Amendment(s) incorporated in the Act(s).

National Development Act Repeal Act 1986 (1986 No 122) Amendment(s) incorporated in the Act(s).
National Parks Act 1980 (1980 No 66) Amendment(s) incorporated in the Act(s).

New Zealand Railways Corporation Act 1981 (1981 No 119) Amendment(s) incorporated in the Act(s).

New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105) Amendment(s) incorporated in the Act(s).

Official Information Act 1982 (1982 No 156) Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) Amendment(s) incorporated in the Act(s).
Property Law Act 1952 (1952 No 51) Amendment(s) incorporated in the Act(s).

Public Bodies Leases Act 1969 (1969 No 141) (RS Vol 18, p 621) Amendment(s) incorporated in the Act(s).

Public Finance Act 1989 (1989 No 44) Amendment(s) incorporated in the Act(s).

Public Works Act 1981 (1981 No 35) Amendment(s) incorporated in the Act(s).

Rating Powers Act 1988 (1988 No 97) Amendment(s) incorporated in the Act(s).

Reserves Act 1977 (1977 No 66) Amendment(s) incorporated in the Act(s).
851 Schedule 8 Resource Management Act 1991 Version as at 13 April 2023 Reserves and Other Lands Disposal Act 1940 (1940 No 13) Amendment(s) incorporated in the Act(s).

River Boards Act 1908 (1908 No 165) (RS Vol 10, p 765) Amendment(s) incorporated in the Act(s).

Soil Conservation and Rivers Control Act 1941 (1941 No 12) Amendment(s) incorporated in the Act(s).

Soil Conservation and Rivers Control Amendment Act 1959 (1959 No 48) Amendment(s) incorporated in the Act(s).
Stamp and Cheque Duties Act 1971 (1971 No 51) Amendment(s) incorporated in the Act(s).

State-Owned Enterprises Act 1986 (1986 No 124) Amendment(s) incorporated in the Act(s).

Synthetic Fuels Plant (Effluent Disposal) Empowering Act 1983 (1983 No 38) Amendment(s) incorporated in the Act(s).

Tasman Pulp and Paper Company Enabling Act 1954 (1954 No 83) Amendment(s) incorporated in the Act(s).

Transit New Zealand Act 1989 (1989 No 75) Amendment(s) incorporated in the Act(s).
Unit Titles Act 1972 (1972 No 15) Amendment(s) incorporated in the Act(s).

Valuation of Land Act 1951 (1951 No 19) Amendment(s) incorporated in the Act(s).

Whakatane Paper Mills, Limited, Water-Supply Empowering Act 1936 (1936 No 7 (P)) Amendment(s) incorporated in the Act(s).

Part 2 Regulations amended Geothermal Energy Regulations 1961 (SR 1961/124) Amendment(s) incorporated in the regulations.
852 Version as at 13 April 2023 Resource Management Act 1991 Schedule 8 Geothermal Energy Regulations 1961, Amendment No 2 (SR 1987/73) Amendment(s) incorporated in the regulations.
853 Schedule 9 Resource Management Act 1991 Version as at 13 April 2023 Schedule 9 Special Acts under which local authorities and other public bodies exercise functions, powers, and duties s 363 Ashley River Improvement Act 1925 (1925 No 41) Auckland Metropolitan Drainage Act 1944 (1944 No 8 (L)) Auckland Metropolitan Drainage Act 1960 (1960 No 15 (L)) Christchurch District Drainage Act 1951 (1951 No 21 (L)) Dunedin Waterworks Extension Act 1875 (1875 No 5 (P)) Dunedin Waterworks Extension Act 1930 (1930 No 7 (L)) Dunedin Waterworks (Silverstream Supply) Extension Act 1945 (1945 No 6 (L)) Dunedin Waterworks (Taieri River Supply) Extension Act 1951 (1951 No 16 (L)) Ellesmere Lands Drainage Act 1905 (1905 No 59) Eltham Borough Drainage and Water Supply Empowering Act 1905 (1905 No 4 (L)) Eltham Drainage Board Act 1914 (1914 No 13 (L)) Hawera Borough Drainage Empowering Act 1900 (1900 No 21 (L)) Kaituna River District Act 1926 (1926 No 19 (L)) Lake Wanaka Preservation Act 1973 (1973 No 107) Lakes District Waterways Authority (Shotover River) Empowering Act 1985 (1985 No 2 (L)) Makerua Drainage Board Empowering Act 1952 (1952 No 8 (L)) Makerua Drainage Board Loan Empowering Act 1927 (1927 No 13 (L)) Manawatu-Oroua River District Act 1923 (1923 No 5 (L)) North Shore Boroughs (Auckland) Water Conservation Act 1944 (1944 No 3 (L)) North Shore Drainage Act 1963 (1963 No 15 (L)) Oxford Road District Act 1905 (1905 No 37 (L)) Rangitaiki Land Drainage Act 1956 (1956 No 34) 854 Version as at 13 April 2023 Resource
 Management Act 1991 Schedule 9 South Canterbury Catchment Board Act 1946 (1946 No 10 (L)) South Wairarapa River Board Empowering Act 1931 (1931 No 4 (L)) Southland Land Drainage Act 1935 (1935 No 13 (L)) Springs County Council Reclamation and Empowering Act 1913 (1913 No 10 (L)) Springs County Council Reclamation and Empowering Act 1915 (1915 No 15 (L)) Summit Road (Canterbury) Protection Act 1963 (1963 No 16 (L)) Taieri River Improvement Act 1920 (1920 No 20 (L)) Taupiri Drainage and River Board Empowering Act
 1936 (1936 No 1 (L)) Taupiri Drainage and River District Act 1929 (1929 No 23) Tumu-Kaituna Drainage Board Empowering Act 1928 (1928 No 16 (L)) Waimakariri River Improvement Act 1922 (1922 No 22 (L)) Wairau River Board Empowering Act 1934 (1934 No 8 (L)) Wanganui River Trust Act 1891 (1891 No 19 (L)) Wellington Regional Water Board Act 1972 (1972 No 3 (L)) Schedule 9 Dunedin District Drainage and Sewerage Act 1900: repealed, on 1 July 2003, by sec‐ tion 262 of the Local Government Act 2002 (2002 No 84).
Schedule 9 Dunedin Waterworks Extension Act 1901: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Schedule 9 Hutt River Improvement and Reclamation Act 1922: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Schedule 9 Judea Land Drainage Board Empowering Act 1921: repealed, on 1 July 2003, by sec‐ tion 262 of the Local Government Act 2002 (2002 No 84).
Schedule 9 Kaikoura River Board Validating Act 1953: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Schedule 9 Lower Clutha River Improvement Act 1938: repealed, on 16 September 1994, by sec‐ tion 22(1)(c) of the Otago Regional Council (Kuriwao Endowment Lands) Act 1994 (1994 No 4 (L)).

Schedule 9 Reporoa Drainage Board Empowering Act 1947: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Schedule 9 Te Ore Ore River Board Rating Act 1934: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Schedule 9 Wairau River District Loans Act 1922: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
855 Schedule 10 Resource Management Act 1991 Version as at 13 April 2023 Schedule 10 Requirements for instruments creating esplanade strips and access strips ss 232(2)(a), (4)(a), 237B(2)(c), 237C(1), 338(3)(c) Schedule 10: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).
1 (1) Prohibitions to be included in instruments Every instrument creating an esplanade strip and every easement for an access strip shall specify that the following acts are prohibited on land over which the esplanade strip or access strip has been created: (a) wilfully endangering, disturbing, or annoying any lawful user (including the land owner or occupier) of the strip: (b) wilfully damaging or interfering with any structure adjoining or on the land, including any building, fence, gate, stile, marker, bridge, or notice: (c) wilfully interfering with or disturbing any livestock lawfully permitted on the strip.
(2) Notwithstanding subclause (1), the prohibitions in paragraphs (b) and (c) shall not apply to the owner or occupier.

(3) For the purposes of this schedule, owner and occupier includes any employees or agents authorised by the owner or occupier.

Schedule 10 clause 1: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).
2 Other prohibitions Subject to sections 232(4) and 237B(3), every instrument creating an esplanade strip and every easement for an access strip shall specify that the following acts are prohibited on the land over which the esplanade strip or access strip has been created: (a) (b) (c) (d) (e) (f) lighting any fire: carrying any firearm: discharging or shooting any firearm: camping: taking any animal on to, or having charge of any animal on, the land: taking any vehicle on to, or driving or having charge or control of any vehicle on, the land (whether the vehicle is motorised or non-motorised): (g) wilfully damaging or removing any plant (unless acting in accordance with the Biosecurity Act 1993): 856 Version as at 13 April 2023 Resource Management Act 1991 Schedule 10 (h) laying any poison or setting any snare or trap (unless acting in accord‐ ance with the Biosecurity Act 1993).
Schedule 10 clause 2: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).

Schedule 10 clause 2(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Schedule 10 clause 2(h): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
3 Fencing The instrument or easement may include any fencing requirements, including gates, stiles, and the repositioning or removal of any fence.

Schedule 10 clause 3: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).
4 Access on esplanade strips for conservation purposes (1) Where an esplanade strip is created for the protection of conservation values only, the instrument creating the strip may specify that— (a) (b) no person shall enter or remain on the strip; or only specified persons shall enter or remain on the strip— subject to any other provisions of the instrument.

(2) Subclause (1) does not apply to the owner or occupier of the land over which the strip is created.
Schedule 10 clause 4: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).

5 Access on strips for access purposes Where an easement for an access strip or an esplanade strip for access purposes is created, the easement or instrument creating the strip shall specify that any person shall have the right, at any time, to pass and repass over and along the land over which the strip has been created, subject to any other provisions of the easement or instrument.
Schedule 10 clause 5: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).
6 Access on strips created for recreational purposes Where an esplanade strip is created for public recreational use, the instrument creating the strip shall specify that any person shall have the right, at any time, to enter upon the land over which the esplanade strip has been created and remain on that land for any period of time for the purpose of recreation, subject to any other provisions of the instrument.
Schedule 10 clause 6: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).

857 Schedule 10 Resource Management Act 1991 Version as at 13 April 2023 7 Closure (1) Any instrument creating an esplanade strip or any easement for an access strip may specify that the strip may be closed for any specified period, including particular times and dates.
(2) Any instrument or easement may specify who is responsible for notifying the public by signs erected at all entry points to the strip, and any other means agreed, that a strip or easement is closed as a result of closure periods specified in the instrument or easement.

Schedule 10 clause 7: inserted, on 7 July 1993, by section 228 of the Resource Management Amend‐ ment Act 1993 (1993 No 65).
858 Version as at 13 April 2023 Resource Management Act 1991 Schedule 11 Schedule 11 Acts that include statutory acknowledgements Schedule 11: inserted, on 1 October 1998, by section 226 of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

Schedule 11 heading: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
ss 95E, 274 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Ahuriri Hapū Claims Settlement Act 2021 Heretaunga Tamatea Claims Settlement Act 2018 Hineuru Claims Settlement Act 2016 Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018 Maniapoto Claims Settlement Act 2022 Maraeroa A and B Blocks Claims Settlement Act 2012 Maungaharuru-Tangitū Hapū Claims Settlement Act 2014 Moriori Claims Settlement Act 2021 Ngaa Rauru Kiitahi Claims Settlement Act 2005 Ngāi Tahu Claims Settlement Act 1998 Ngāi Tai ki Tāmaki Claims Settlement Act 2018 Ngai Tāmanuhiri Claims Settlement Act 2012 NgāiTakoto Claims Settlement Act 2015 Ngāruahine Claims Settlement Act 2016 Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014 Ngāti Apa (North Island) Claims Settlement Act 2010 Ngāti Awa Claims Settlement Act 2005 Ngāti Hauā Claims Settlement Act 2014 Ngāti Hinerangi Claims Settlement Act 2021 Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Act 2022 Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a- Māui Claims Settlement Act 2014 Ngāti Koroki Kahukura Claims Settlement Act 2014 Ngāti Kuri Claims Settlement Act 2015 Ngāti Mākino Claims Settlement Act 2012 Ngāti Manawa Claims Settlement Act 2012 Ngāti Manuhiri Claims Settlement Act 2012 859 Schedule 11 Resource Management Act 1991 Version as at 13 April 2023 Ngāti Maru (Taranaki) Claims Settlement Act 2022 Ngāti Mutunga Claims Settlement Act 2006 Ngāti Pāhauwera Treaty Claims Settlement Act
 2012 Ngati Porou Claims Settlement Act 2012 Ngāti Pūkenga Claims Settlement Act 2017 Ngāti Rangi Claims Settlement Act 2019 Ngāti Rangiteaorere Claims Settlement Act 2014 Ngāti Rangitihi Claims Settlement Act 2022 Ngāti Rangiwewehi Claims Settlement Act 2014 Ngati Ruanui Claims Settlement Act 2003 Ngati Tama Claims Settlement Act 2003 Ngāti Tamaoho Claims Settlement Act 2018 Ngati Toa Rangatira Claims Settlement Act 2014 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 Ngāti Tūwharetoa Claims
 Settlement Act 2018 Ngāti Whare Claims Settlement Act 2012 Ngāti Whātua o Kaipara Claims Settlement Act 2013 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Ngatikahu ki Whangaroa Claims Settlement Act 2017 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 Pouakani Claims Settlement Act 2000 Rangitāne o Manawatu Claims Settlement Act 2016 Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act 2017 Raukawa Claims Settlement Act 2014 Rongowhakaata Claims Settlement Act 2012 Tapuika Claims Settlement Act 2014 Taranaki Iwi Claims Settlement Act 2016 Te Arawa Lakes Settlement Act 2006 Te Atiawa Claims Settlement Act 2016 Te Aupouri Claims Settlement Act 2015 Te Kawerau ā Maki Claims Settlement Act 2015 Te Rarawa Claims Settlement Act 2015 Te Roroa Claims Settlement Act 2008 Te Uri o Hau Claims Settlement Act 2002 860 Version as at 13 April 2023 Resource Management Act 1991 Schedule 11 Waitaha Claims Settlement Act 2013 Schedule 11 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008: inserted, on 4 June 2009, by section 48 of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98).
Schedule 11 Ahuriri Hapū Claims Settlement Act 2021: inserted, on 14 December 2021, by section 45(2) of the Ahuriri Hapū Claims Settlement Act 2021 (2021 No 54).

Schedule 11 Heretaunga Tamatea Claims Settlement Act 2018: inserted, on 27 June 2018, by section 34(2) of the Heretaunga Tamatea Claims Settlement Act 2018 (2018 No 14).

Schedule 11 Hineuru Claims Settlement Act 2016: inserted, on 5 July 2016, by section 46(2) of the Hineuru Claims Settlement Act 2016 (2016 No 33).
Schedule 11 Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018: inserted, on 14 Sep‐ tember 2018, by section 40(2) of the Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018 (2018 No 28).

Schedule 11 Maniapoto Claims Settlement Act 2022: inserted, on 28 September 2022, by section 44(2) of the Maniapoto Claims Settlement Act 2022 (2022 No 50).
Schedule 11 Maraeroa A and B Blocks Claims Settlement Act 2012: inserted, on 31 July 2012, by section 36 of the Maraeroa A and B Blocks Claims Settlement Act 2012 (2012 No 52).

Schedule 11 Maungaharuru-Tangitū Hapū Claims Settlement Act 2014: inserted, on 17 April 2014, by section 50 of the Maungaharuru-Tangitū Hapū Claims Settlement Act 2014 (2014 No 12).

Schedule 11 Moriori Claims Settlement Act 2021: inserted, on 26 November 2021, by section 40(2) of the Moriori Claims Settlement Act 2021 (2021 No 49).
Schedule 11 Ngaa Rauru Kiitahi Claims Settlement Act 2005: inserted, on 28 June 2005, by section 57 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84).

Schedule 11 Ngāi Tai ki Tāmaki Claims Settlement Act 2018: inserted, on 5 July 2018, by section 86(2) of the Ngāi Tai ki Tāmaki Claims Settlement Act 2018 (2018 No 18).

Schedule 11 Ngai Tāmanuhiri Claims Settlement Act 2012: inserted, on 1 August 2012, by section 40 of the Ngai Tāmanuhiri Claims Settlement Act 2012 (2012 No 55).
Schedule 11 NgāiTakoto Claims Settlement Act 2015: inserted, on 23 September 2015, by section 119(2) of the NgāiTakoto Claims Settlement Act 2015 (2015 No 78).

Schedule 11 Ngāruahine Claims Settlement Act 2016: inserted, on 6 December 2016, by section 42(2) of the Ngāruahine Claims Settlement Act 2016 (2016 No 93).
Schedule 11 Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014: inserted, on 23 April 2014, by section 52 of the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangi‐ tāne o Wairau Claims Settlement Act 2014 (2014 No 19).

Schedule 11 Ngāti Apa (North Island) Claims Settlement Act 2010: inserted, on 16 December 2010, by section 41 of the Ngāti Apa (North Island) Claims Settlement Act 2010 (2010 No 129).
Schedule 11 Ngāti Awa Claims Settlement Act 2005: inserted, on 25 March 2005, by section 58 of the Ngāti Awa Claims Settlement Act 2005 (2005 No 28).

Schedule 11 Ngāti Hauā Claims Settlement Act 2014: inserted, on 16 December 2014, by section 43(2) of the Ngāti Hauā Claims Settlement Act 2014 (2014 No 75).

Schedule 11 Ngāti Hinerangi Claims Settlement Act 2021: inserted, on 13 April 2021, by section 47(2) of the Ngāti Hinerangi Claims Settlement Act 2021 (2021 No 11).
Schedule 11 Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Act 2022: inserted, on 17 December 2022, by section 39(2) of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Act 2022 (2022 No 78).
Schedule 11 Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014: inserted, on 23 April 2014, by section 55 of the Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 (2014 No 20).
861 Schedule 11 Resource Management Act 1991 Version as at 13 April 2023 Schedule 11 Ngāti Koroki Kahukura Claims Settlement Act 2014: inserted, on 16 December 2014, by section 34(2) of the Ngāti Koroki Kahukura Claims Settlement Act 2014 (2014 No 74).

Schedule 11 Ngāti Kuri Claims Settlement Act 2015: inserted, on 23 September 2015, by section 121(2) of the Ngāti Kuri Claims Settlement Act 2015 (2015 No 76).
Schedule 11 Ngāti Mākino Claims Settlement Act 2012: inserted, on 1 August 2012, by section 36 of the Ngāti Mākino Claims Settlement Act 2012 (2012 No 53).

Schedule 11 Ngāti Manawa Claims Settlement Act 2012: inserted, on 6 April 2012, by section 54 of the Ngāti Manawa Claims Settlement Act 2012 (2012 No 27).

Schedule 11 Ngāti Manuhiri Claims Settlement Act 2012: inserted, on 20 November 2012, by section 41 of the Ngāti Manuhiri Claims Settlement Act 2012 (2012 No 90).
Schedule 11 Ngāti Maru (Taranaki) Claims Settlement Act 2022: inserted, on 31 March 2022, by section 42(2) of the Ngāti Maru (Taranaki) Claims Settlement Act 2022 (2022 No 9).

Schedule 11 Ngāti Mutunga Claims Settlement Act 2006: inserted, on 22 November 2006, by section 62 of the Ngāti Mutunga Claims Settlement Act 2006 (2006 No 61).
Schedule 11 Ngāti Pāhauwera Treaty Claims Settlement Act 2012: inserted, on 6 April 2012, by sec‐ tion 79 of the Ngāti Pāhauwera Treaty Claims Settlement Act 2012 (2012 No 30).

Schedule 11 Ngati Porou Claims Settlement Act 2012: inserted, on 6 April 2012, by section 56 of the Ngati Porou Claims Settlement Act 2012 (2012 No 31).

Schedule 11 Ngāti Pūkenga Claims Settlement Act 2017: inserted, on 15 August 2017, by section 41(2) of the Ngāti Pūkenga Claims Settlement Act 2017 (2017 No 39).
Schedule 11 Ngāti Rangi Claims Settlement Act 2019: inserted, on 1 August 2019, by section 39(2) of the Ngāti Rangi Claims Settlement Act 2019 (2019 No 40).

Schedule 11 Ngāti Rangiteaorere Claims Settlement Act 2014: inserted, on 17 April 2014, by section 44 of the Ngāti Rangiteaorere Claims Settlement Act 2014 (2014 No 13).

Schedule 11 Ngāti Rangitihi Claims Settlement Act 2022: inserted, on 19 March 2022, by section 40(2) of the Ngāti Rangitihi Claims Settlement Act 2022 (2022 No 7).
Schedule 11 Ngāti Rangiwewehi Claims Settlement Act 2014: inserted, on 17 April 2014, by section 46 of the Ngāti Rangiwewehi Claims Settlement Act 2014 (2014 No 14).

Schedule 11 Ngati Ruanui Claims Settlement Act 2003: inserted, on 6 May 2003, by section 107 of the Ngati Ruanui Claims Settlement Act 2003 (2003 No 20).

Schedule 11 Ngati Tama Claims Settlement Act 2003: inserted, on 26 November 2003, by section 71 of the Ngati Tama Claims Settlement Act 2003 (2003 No 126).
Schedule 11 Ngāti Tamaoho Claims Settlement Act 2018: inserted, on 11 July 2018, by section 41(2) of the Ngāti Tamaoho Claims Settlement Act 2018 (2018 No 19).

Schedule 11 Ngati Toa Rangatira Claims Settlement Act 2014: inserted, on 23 April 2014, by section 39 of the Ngati Toa Rangatira Claims Settlement Act 2014 (2014 No 17).
Schedule 11 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005: inserted, on 24 May 2005, by section 63 of the Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72).

Schedule 11 Ngāti Tūwharetoa Claims Settlement Act 2018: inserted, on 19 December 2018, by sec‐ tion 47(2) of the Ngāti Tūwharetoa Claims Settlement Act 2018 (2018 No 55).
Schedule 11 Ngāti Whare Claims Settlement Act 2012: inserted, on 6 April 2012, by section 62 of the Ngāti Whare Claims Settlement Act 2012 (2012 No 28).

Schedule 11 Ngāti Whātua o Kaipara Claims Settlement Act 2013: inserted, on 13 June 2013, by section 71 of the Ngāti Whātua o Kaipara Claims Settlement Act 2013 (2013 No 37).

Schedule 11 Ngāti Whātua Ōrākei Claims Settlement Act 2012: inserted, on 1 February 2013, by section 41 of the Ngāti Whātua Ōrākei Claims Settlement Act 2012 (2012 No 91).
862 Version as at 13 April 2023 Resource Management Act 1991 Schedule 11 Schedule 11 Ngatikahu ki Whangaroa Claims Settlement Act 2017: inserted, on 22 August 2017, by section 40(2) of the Ngatikahu ki Whangaroa Claims Settlement Act 2017 (2017 No 41).

Schedule 11 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009: inserted, on 5 August 2009, by section 36 of the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 (2009 No 26).
Schedule 11 Pouakani Claims Settlement Act 2000: inserted, on 1 March 2001, by section 51 of the Pouakani Claims Settlement Act 2000 (2000 No 90).

Schedule 11 Rangitāne o Manawatu Claims Settlement Act 2016: inserted, on 13 December 2016, by section 41(2) of the Rangitāne o Manawatu Claims Settlement Act 2016 (2016 No 100).
Schedule 11 Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act 2017: inser‐ ted, on 15 August 2017, by section 40(2) of the Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act 2017 (2017 No 38).

Schedule 11 Raukawa Claims Settlement Act 2014: inserted, on 20 March 2014, by section 41 of the Raukawa Claims Settlement Act 2014 (2014 No 7).
Schedule 11 Rongowhakaata Claims Settlement Act 2012: inserted, on 1 August 2012, by section 43 of the Rongowhakaata Claims Settlement Act 2012 (2012 No 54).

Schedule 11 Tapuika Claims Settlement Act 2014: inserted, on 17 April 2014, by section 45 of the Tapuika Claims Settlement Act 2014 (2014 No 15).

Schedule 11 Taranaki Iwi Claims Settlement Act 2016: inserted, on 6 December 2016, by section 42(2) of the Taranaki Iwi Claims Settlement Act 2016 (2016 No 95).
Schedule 11 Te Arawa Lakes Settlement Act 2006: inserted, on 26 September 2006, by section 70 of the Te Arawa Lakes Settlement Act 2006 (2006 No 43).

Schedule 11 Te Atiawa Claims Settlement Act 2016: inserted, on 6 December 2016, by section 42(2) of the Te Atiawa Claims Settlement Act 2016 (2016 No 94).

Schedule 11 Te Aupouri Claims Settlement Act 2015: inserted, on 23 September 2015, by section 123(2) of the Te Aupouri Claims Settlement Act 2015 (2015 No 77).
Schedule 11 Te Kawerau ā Maki Claims Settlement Act 2015: inserted, on 15 September 2015, by section 40(2) of the Te Kawerau ā Maki Claims Settlement Act 2015 (2015 No 75).

Schedule 11 Te Rarawa Claims Settlement Act 2015: inserted, on 23 September 2015, by section 135(2) of the Te Rarawa Claims Settlement Act 2015 (2015 No 79).

Schedule 11 Te Roroa Claims Settlement Act 2008: inserted, on 30 September 2008, by section 81 of the Te Roroa Claims Settlement Act 2008 (2008 No 100).
Schedule 11 Te Uri o Hau Claims Settlement Act 2002: inserted, on 18 October 2002, by section 74 of Te Uri o Hau Claims Settlement Act 2002 (2002 No 36).

Schedule 11 Waitaha Claims Settlement Act 2013: inserted, on 13 June 2013, by section 40 of the Waitaha Claims Settlement Act 2013 (2013 No 38).
863 Schedule 12 Resource Management Act 1991 Schedule 12 Transitional, savings, and related provisions Version as at 13 April 2023 s 3B Schedule 12: replaced, on 4 September 2013, by section 68 of the Resource Management Amend‐ ment Act 2013 (2013 No 63).

Schedule 12 heading: replaced, on 19 April 2017, by section 122 of the Resource Legislation Amend‐ ment Act 2017 (2017 No 15).
1AA Overview In addition to the transitional, savings, and related provisions set out in this schedule, other transitional, savings, and related provisions that may apply are those set out in— (a) (b) (c) (d) (e) Part 15, in relation to the principal Act: subpart 3 of Part 2 of the Resource Management Amendment Act 2003: Part 2 of the Resource Management (Energy and Climate Change) Amendment Act 2004: sections 131 to 135 of the Resource Management Amendment Act 2005: Part 2 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009.
Schedule 12 clause 1AA: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Part 1 Provisions relating to Resource Management Amendment Act 2013 Schedule 12 Part 1 heading: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

1 Interpretation In this Part, amendment Act means the Resource Management Amendment Act 2013, which amends this Act.
Schedule 12 clause 1: amended, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
2 Existing section 32 applies to some proposed policy statements and plans If Part 2 of the amendment Act comes into force on or after the date of the last day for making further submissions on a proposed policy statement or plan (as publicly notified in accordance with clause 7(1)(d) of Schedule 1), the further evaluation for that proposed policy statement or plan must be undertaken as if Part 2 had not come into force.
864 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 3 National policy statements An amendment made by the amendment Act applies to a national policy state‐ ment whether the statement was issued before or after the commencement of the amendment.
4 Existing rules providing for protection of trees (1) An existing rule or part of a rule in a district plan or proposed district plan that complied with section 76(4A) immediately before its amendment by the amendment Act is revoked, without further authority than this clause, on the day that is 24 months after the date on which Part 1 of the amendment Act comes into force.

(2) Subclause (1) applies unless the rule or part of the rule complies with section 76(4A) and (4B) as inserted by the amendment Act.
Schedule 12 clause 4(1): amended, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
5 Certain new rules providing for protection of trees may take effect once plan change notified (1) Subclause (2) applies if, before the date referred to in clause 4(1),— (2) 6 (1) (a) (b) (c) a territorial authority has made a rule, or amended a rule, so that it com‐ plies with section 76(4A) and (4B) as inserted by the amendment Act; and the rule has not yet taken effect; but the proposed plan or change containing the rule has been notified.
The rule has legal effect on and from the date referred to in clause 4(1).

Proposals of national significance Subclause (2) relates to the following amendments made by the amendment Act (which relate to proposals of national significance): (a) (b) (c) the amendments to sections 29 and 39 and to Part 6AA (sections 140 to 149ZE): the amendment to section 32A made by section 6 of the amendment Act: the amendment that inserts section 42A(1) and (1AA).
(2) The amendments apply to any matter— (a) whether it was lodged with a local authority or the EPA, or initiated by a local authority, before or after the commencement of the amendments; and (b) whether it was referred to or prepared by a board of inquiry before or after the commencement of the amendments.
865 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 (3) However, if a request for the Minister to call in a matter was made before the commencement of the amendment that inserts section 142(6A), the request must be determined as if the amendment had not been made.

7 (1) (2) (3) (4) 8 (1) Notices of requirement This clause relates to an amendment made by the amendment Act that affects a requirement for a designation or heritage order.
The requirement must be determined as if the amendment had not been made if, immediately before the commencement of the amendment,— (a) 1 or more of the following had occurred: (i) (ii) (iii) (iv) a notice of the requirement had been given under section 168(1) or (2) or 189(1): the territorial authority had resolved to publicly notify the require‐ ment under section 168A(1): the territorial authority had given notice of the requirement under section 189A(1): a requiring authority had given notice of the requirement, and the requirement was for a modified designation, under clause 4 of Schedule 1: (v) the territorial authority had decided to include the requirement in its proposed district plan under clause 4 of Schedule 1; but (b) the requirement had not proceeded to the stage at which no further appeal was possible.
Subclauses (1) and (2) also apply as if a requirement to alter a designation or heritage order were a requirement for a designation or heritage order.

This clause is subject to clause 6.


Applications and matters Subclause (3) applies to anything specified in subclause (2) that, immediately before the commencement of an amendment made by the amendment Act,— (a) (b) had been lodged with or initiated by a local authority or a Minister; but had not proceeded to the stage at which no further appeal was possible.
(2) The things referred to in subclause (1) are— (a) (b) (c) (d) an application for a resource consent (or anything treated by this Act as if it were an application for a resource consent): any other matter in relation to a resource consent (or in relation to any‐ thing treated by this Act as if it were a resource consent): an application for a water conservation order under section 201(1): an application to revoke or amend a water conservation order under sec‐ tion 216(2): 866 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 (e) (f) an application or a proposal to vary or cancel an instrument creating an esplanade strip under section 234(1) or (3): a matter of creating an esplanade strip by agreement under section 235(1).
The application or matter must be determined as if the amendment had not been made.

This clause is subject to clauses 6 and 7.

This clause does not apply to an amendment made by Part 2 of the amendment Act.

Enforcement proceedings This clause relates to the amendment made by the amendment Act to section 318 (which relates to the right to be heard in proceedings for an application for an enforcement order).
If an application was made for an enforcement order before the commencement of the amendment, the application must be determined as if the amendment had not been made.

(3) (4) (5) 9 (1) (2) 10 Return of property The insertion of section 336 by the amendment Act is to be treated as having commenced on 1 October 2012 and section 336 is to be treated as having had continuous effect despite section 300(6) of the Search and Surveillance Act 2012.
Part 2 Provisions relating to Part 1 of Resource Legislation Amendment Act 2017 Schedule 12 Part 2: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amend‐ ment Act 2017 (2017 No 15).

11 Interpretation In this Part,— amendment Act means Part 1 of the Resource Legislation Amendment Act 2017 commencement, in relation to a provision of the amendment Act or an amend‐ ment made by that provision, means the date on which that provision comes into force.
Schedule 12 clause 11: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
867 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 12 Specified matters subject to transitional arrangements (1) An amendment made by the amendment Act does not apply in respect of a matter specified in subclause (2) if, immediately before the commencement of the amendment, the matter— (a) has been lodged with a local authority, the EPA, or a Minister, or called in by the Minister; but (b) has not proceeded to the stage at which no further appeal is possible.
(2) The matters referred in subclause (1) are— (a) (b) (c) (d) an application for a resource consent (or anything treated by this Act as if it were an application for a resource consent): any other matter in relation to a resource consent (or in relation to any‐ thing treated by this Act as if it were a resource consent): a challenge under section 85 in relation to a provision or proposed provi‐ sion of a plan or proposed plan that would render any land incapable of reasonable use: an application relating to a nationally significant proposal lodged with the EPA or called in by the Minister under Part 6AA: (e) a notice of requirement— (i) (ii) for a designation or heritage order; or to alter a designation or heritage order: (f) (g) an application for a water conservation order made under section 201(1) or to amend or revoke an order under section 216(2): an application or a proposal to vary or cancel an instrument that creates an esplanade strip under section 234(1) or (3): (h) the creation of an esplanade strip by agreement under section 235(1).
(3) This clause does not limit clauses 13 to 15.

Schedule 12 clause 12: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
13 (1) Proposed policy statement or plans, changes, or variations This clause applies to a proposed policy statement or plan, change, or variation that, immediately before the commencement of a relevant amendment made by the amendment Act,— (a) (b) has been publicly notified under clause 5 or 26(b) of Schedule 1; but has not proceeded to the stage at which no further appeal is possible.
(2) The proposed policy statement, plan, change, or variation must be determined as if the amendments made by the amendment Act had not been enacted.

Schedule 12 clause 13: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
868 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 14 Transitional arrangements for early use of collaborative process (1) A collaborative planning process may be used in accordance with this clause if, before the commencement of subpart 4 of Part 5 (which provides for the use of a collaborative planning process), a local authority— (a) (b) has commenced preparing, changing, or reviewing a policy statement or plan; but has not publicly notified the proposed policy statement or plan or change under Part 1 of this schedule.
(2) If a local authority wishes to use a collaborative process in the circumstances set out in subclause (1), the local authority must— (a) (b) (c) publicly notify its intention to apply to the Minister for approval to con‐ tinue its process of preparing or changing a policy statement or plan using the collaborative planning process under this Part; and invite submissions, to be submitted within 20 working days of the notice, on the proposal to use the collaborative planning process; and submit to the Minister a summary of the submissions and a report setting out how the collaborative planning process meets the criteria set out in subclause (3).
(3) The criteria are as follows: (a) whether there has been a clear intention to set up a collaborative group and appoint its members: (b) whether the composition of the collaborative group reflects the require‐ ments set out in clause 40 of Schedule 1: (c) whether the commitment of the local authority to the consensus of the collaborative group is consistent with the requirement of clause 46(2)(a) of Schedule 1: (d) whether the terms of reference for the collaborative group are consistent with the terms of reference required by clause 41 of Schedule 1.
(4) After considering any submissions and the report submitted under subclause (2)(c), the Minister— (a) may accept the application if the Minister is satisfied that the local authority meets the criteria set out in subclause (3), but must otherwise reject the application; and (b) if the Minister accepts the application, must notify that decision to the local authority not later than 2 months after the date of the application.
(5) If the Minister accepts the application under subclause (4), the local authority must— (a) give public notice that the Minister has accepted the local authority’s application to continue its process of preparing, changing, or reviewing a policy statement or plan using the collaborative planning process; and 869 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 (b) amend the terms of reference in accordance with clause 41 of Schedule 1.
(6) This clause ceases to apply on the date that is 2 years after the commencement of this clause.

Schedule 12 clause 14: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
15 Application to fresh water of rules relating to water quality Nothing in section 69(4) (as inserted by the amendment Act) affects any plan approved, resource consent granted, or water conservation order made before the commencement of that amendment if that plan, resource consent, or order refers to or incorporates any standards set out in Schedule 3.

Schedule 12 clause 15: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
16 Matters before the Environment Court An amendment made by the amendment Act does not apply to any proceeding lodged with the Environment Court immediately before the commencement of that amendment.

Schedule 12 clause 16: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).
Part 3 Provisions relating to Resource Management Amendment Act 2020 Schedule 12 Part 3: inserted, on 1 July 2020, by section 104 of the Resource Management Amend‐ ment Act 2020 (2020 No 30).

17 Interpretation In this Part,— amendment Act means the Resource Management Amendment Act 2020 commencement date means the day after the date on which the amendment Act received the Royal assent.
Schedule 12 clause 17: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
18 Planning instruments relating to freshwater notified after commencement date (1) This clause applies to the following planning instruments: (a) a proposed regional plan or regional policy statement for the purpose of giving effect to any national policy statement for freshwater manage‐ ment: 870 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 (b) (c) a proposed regional plan or regional policy statement that relates to freshwater but not for the purpose of giving effect to any national policy statement for freshwater management: a change or variation to a proposed regional plan or regional policy statement if the change or variation— (i) is for the purpose of giving effect to any national policy statement for freshwater management; or (ii) relates to freshwater in the manner described in paragraph (b).
(2) A planning instrument to which this clause applies must, if it was publicly noti‐ fied after the commencement date, undergo the freshwater planning process.

Schedule 12 clause 18: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
19 (1) Planning instruments relating to freshwater notified before commencement In this clause, planning instrument means a proposed regional plan or regional policy statement that— (a) is for the purpose of giving effect to any national policy statement for freshwater management or otherwise relates to freshwater; and (b) was publicly notified before the commencement date.

(2) This Act applies to the planning instrument as if the amendment Act had not been enacted.
(3) A variation to a planning instrument must be dealt with as if the amendment Act had not been enacted, regardless of whether— (a) (b) the variation was publicly notified before or after the commencement date; or the variation in any way gives effect to any national policy statement for freshwater management.

Schedule 12 clause 19: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
20 (1) (2) Application of sections 120(1A) and (1B) to appeal rights Section 120(1A) applies only in relation to resource consents lodged on or after the date on which section 37(1) of the amendment Act comes into force.

Section 120(1B) applies only in relation to resource consents lodged on or after the commencement date.

Schedule 12 clause 20: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
871 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 21 Conditions that may be imposed on notices of requirement Sections 149P, 149U, 171, 174, 198E, and 198K, as amended by the amend‐ ment Act, apply to notices of requirement given under section 168 or 181 or lodged under section 145 on or after the commencement date.

Schedule 12 clause 21: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
22 New time frames for resource consents relating to emergency work Section 330B(3), as amended by the amendment Act, applies to an activity if the appropriate consent authority was advised of the activity on or after the commencement date.

Schedule 12 clause 22: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
23 Application of limitation period in section 338(4) Section 338(4), as amended by the amendment Act, applies to an offence com‐ mitted on or after the commencement date.

Schedule 12 clause 23: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
24 Performance of EPA enforcement functions The EPA may, in the performance of its enforcement functions specified in sec‐ tion 343F, take an enforcement action in relation to an incident (within the meaning of section 343E) that occurred or started to occur before, on, or after the commencement date.

Schedule 12 clause 24: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
25 National environmental standards and boards of inquiry Sections 44, 46A, and 48, as amended by the amendment Act, apply only in respect of— (a) (b) a board of inquiry appointed under section 47 on or after the commence‐ ment date; or a process established under section 46A(4) on or after the commence‐ ment date.

Schedule 12 clause 25: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
Transitional effect of climate change amendments This clause applies to a proposed policy statement or plan, change, or variation that, immediately before the effective date,— (a) (b) has been publicly notified under clause 5 or 26(1)(b) of Schedule 1; but has not proceeded to the stage at which no further appeal is possible.
26 (1) 872 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 (2) (3) This clause also applies to applications for resource consents that were lodged with a local authority immediately before the effective date.

The proposed policy statement, plan, change, or variation, or resource consent must be determined as if the climate change amendments had not been enacted.
(4) In this clause,— climate change amendments means the amendments made by sections 17 to 21, 35, and 36 of the amendment Act effective date means the date on which the climate change amendments come into force by virtue of section 2(3) and (4) of the amendment Act.

Schedule 12 clause 26: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
27 (1) (2) Transitional effect of amendments to sections 149P and 149U This clause applies to a matter described in paragraph (a), (b), (c), (d), (e), or (f) of the definition of matter in section 141.

If the matter has been called in under section 142 before the amendments made by sections 52 and 55 of the amendment Act take effect, the matter must be determined as if those amendments had not been made.
Schedule 12 clause 27: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
28 References to clause 10 of Schedule 1 in specified Treaty Settlement legislation A reference, immediately before the commencement date, to clause 10 of Schedule 1 in the following provisions must, on and from the commencement date, be read as a reference to clauses 10 and 51 of Schedule 1: (a) (b) sections 13(6)(d) and 46(2)(d) of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010: sections 14(6)(d) and 48(2)(d) of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010: (c) section 22(2)(d) of the Nga Wai o Maniapoto (Waipa River) Act 2012.
Schedule 12 clause 28: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
29 Effect of amendments on resource consent applications lodged with local authority or EPA An amendment made by section 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 99, or 100 of the amendment Act does not affect a resource consent application if, before the date that section came into force (see section 2 of the amendment Act), the application was lodged with a local authority or the EPA.
Schedule 12 clause 29: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).
873 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 30 Effect of amendments on notice of intention to review resource consent conditions (1) An amendment made by section 38 or 39 of the amendment Act does not affect a notice of intention to review resource consent conditions if, before the date that section came into force (see section 2 of the amendment Act), the notice was served on a consent holder.
(2) In this clause, a notice of intention to review resource consent conditions means a notice under section 128.

Schedule 12 clause 30: inserted, on 1 July 2020, by section 104 of the Resource Management Amendment Act 2020 (2020 No 30).

Part 4 Provisions relating to Legislation Act 2019 Schedule 12 Part 4: inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
31 (1) (2) Local authority recognition of national planning standards Section 58I(3)(b) and (7)(b), as in force immediately before the main com‐ mencement date, continues to apply in relation to a national planning standard that was notified in the Gazette before the main commencement date.

In this clause, main commencement date means the date on which section 10 of the Legislation (Repeals and Amendments) Act 2019 (which repeals the Legislation Act 2012) comes into force.
Schedule 12 clause 31: inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Part 5 Provisions relating to Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Schedule 12 Part 5: inserted, on 21 December 2021, by section 18(a) of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
32 Interpretation In this Part,— Amendment Act means the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 commencement date means the following: (a) (b) in the case of a tier 2 or tier 3 territorial authority, the date on which the applicable regulations made under section 80I(1) or 80K(1), as the case may be, commence: in the case of all other specified territorial authorities, the day after the date on which the Amendment Act receives the Royal assent 874 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 tier 2 or tier 3 territorial authority means the following: (a) (b) a tier 2 territorial authority required to prepare and notify an IPI by regu‐ lations made under section 80I(1): a tier 3 territorial authority required to prepare and notify an IPI by regu‐ lations made under section 80K(1).
Schedule 12 clause 32: inserted, on 21 December 2021, by section 18(a) of the Resource Manage‐ ment (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

33 (1) Status of notified proposed district plan of specified territorial authority This clause applies if a specified territorial authority has notified a proposed district plan before the commencement date and the proposed district plan is not operative at the commencement date.
(2) The specified territorial authority— (a) is not required to notify a plan change to its district plan to incorporate the MDRS into any relevant residential zone or to give effect to policies 3 and 4, or policy 5, as the case requires, of the NPS-UD; but (b) must notify a single variation to its proposed district plan to incorporate the MDRS and give effect to policies 3 and 4, or policy 5, as the case requires, of the NPS-UD, by whichever of the following dates is applic‐ able: (i) (ii) in the case of a tier 2 territorial authority required to notify an IPI by regulations made under section 80I(1), on or before the date specified in those regulations, if those regulations are required by section 80I(2) to specify a notification date: in the case of a tier 3 territorial authority required to notify an IPI, on or before the date specified in regulations made under section 80K(1): (iii) in the case of all other specified territorial authorities, on or before 20 August 2022.
(3) The variation referred to in subclause (2)(b)— (a) is the specified territorial authority’s IPI required to be notified in accordance with section 80F; and (b) must use the ISPP to incorporate the MDRS and give effect to policy 3 or 5, as the case requires, of the NPS-UD; and (c) must ensure that the specified territorial authority can carry out its func‐ tions under sections 77G(1) and 77N(1); and (d) may include— (i) any provision that is proposed to be included in a residential zone; and 875 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 (ii) any other provision that is proposed to be included in a non-resi‐ dential urban zone, where that zone is giving effect to the intensi‐ fication policies in accordance with section 77N; and (iii) any changes consequential on, or necessary to give effect to, the variation.
(4) A variation referred to in subsection (3)(a) must be treated as if it had been notified in accordance with section 80F, and the applicable provisions of this Act enacted by the Amendment Act apply to the variation accordingly.

(5) To avoid doubt, section 86B applies to rules notified in the variation.

Schedule 12 clause 33: inserted, on 21 December 2021, by section 18(a) of the Resource Manage‐ ment (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
34 (1) Status of partly completed proposed plan changes modifying relevant residential zone This clause applies to any plan change that is proposing or requesting changes to a relevant residential zone or a new residential zone if— (a) (b) (c) the plan change has been notified by a specified territorial authority before the commencement date, but decisions on submissions on that plan change have not been notified in accordance with clause 10 of Schedule 1 before that date; and the plan change has not been withdrawn; and the MDRS is not already being incorporated through any proposed rules.
(2) The specified territorial authority must notify a variation to the plan change at the same time that it notifies the IPI to incorporate the MDRS as required by section 77G(3).

(3) However, the variation does not merge with the specified territorial authority’s IPI but must be processed at the same time as the IPI, using the ISPP.

The variation must incorporate the MDRS into all areas within the scope of the plan change that are a relevant residential zone or a new residential zone.
The variation may only include those uses referred to in section 80G(1)(b).

The variation may be declined or withdrawn only if it is no longer required for the plan change to meet the requirements of section 77G(1).

The variation must use the ISPP to incorporate the MDRS.

For the avoidance of doubt,— (a) (b) section 86B does not apply to any rules notified in the variation: this clause applies only in relation to the district of a specified territorial authority.
Schedule 12 clause 34: inserted, on 21 December 2021, by section 18(a) of the Resource Manage‐ ment (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
(4) (5) (6) (7) (8) 876 Version as at 13 April 2023 Resource Management Act 1991 Schedule 12 35 (1) Some private plan change requests may rely on IPI to incorporate MDRS This clause applies to any plan change request to change a district plan— (a) (b) (c) that is made to a specified territorial authority under clause 21 of Sched‐ ule 1 before the specified territorial authority has notified its IPI in accordance with section 80F; and to which clause 34 does not apply; and that requests the creation of a new residential zone that proposes to adopt all the zone provisions of a relevant residential zone but does not amend the provisions in the relevant residential zone.
(2) Despite clause 25(4A) of Schedule 1, a specified territorial authority may accept or adopt the request and incorporate the MDRS for the new residential zone through the IPI.

(3) A specified territorial authority may decline the request under clause 25(4) of Schedule 1 or apply the rest of clause 25 of that schedule, as the case requires.
Schedule 12 clause 35: inserted, on 21 December 2021, by section 18(a) of the Resource Manage‐ ment (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
36 (1) Limits on appeals To avoid doubt, clause 107 of Schedule 1 (which states that there is no right of appeal against decisions made under Part 6 of Schedule 1) only applies to— (a) (b) the variation to the proposed district plan notified in accordance with clause 33(2)(b) and not the underlying proposed district plan: the variation to the plan change notified in accordance with clause 34(2) and not the underlying plan change.

(2) Subclause (1) does not affect any other right of appeal.
Schedule 12 clause 36: inserted, on 21 December 2021, by section 18(a) of the Resource Manage‐ ment (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).

37 (1) Plan change or private plan change notified before commencement Subclause (2) applies to a plan change or private plan change that, before the commencement date,— (a) was notified; and (b) was the subject of a decision under clause 10 of Schedule 1 that was publicly notified.
(2) If this subclause applies, the plan change or private plan change may proceed as if the Amendment Act had not been enacted.

Schedule 12 clause 37: inserted, on 21 December 2021, by section 18(a) of the Resource Manage‐ ment (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
877 Schedule 12 Resource Management Act 1991 Version as at 13 April 2023 Part 6 Provision relating to Remuneration Authority Legislation Act 2022 Schedule 12 part 6: inserted, on 1 December 2022, by section 29 of the Remuneration Authority Legislation Act 2022 (2022 No 74).
38 Remuneration of Environment Commissioners and Deputy Environment Commissioners (1) A person who immediately before the commencement date held office as an Environment Commissioner or a Deputy Environment Commissioner con‐ tinues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allow‐ ances are determined by the Remuneration Authority under section 263(1)(a).
(2) In this clause, commencement date means the date on which the Remuner‐ ation Authority Legislation Act 2022 comes into force.

Schedule 12 clause 38: inserted, on 1 December 2022, by section 29 of the Remuneration Authority Legislation Act 2022 (2022 No 74).
878 Version as at 13 April 2023 Resource Management Act 1991 Resource Management Amendment Act 2003 Public Act 2003 No 23 Date of assent 19 May 2003 Commencement see section 2 1 (1) (2) 2 (1) Title This Act is the Resource Management Amendment Act 2003.

In this Act, the Resource Management Act 1991 is called “the principal Act”.

Commencement Sections 18 to 23 come into force on the day after the date on which this Act receives the Royal assent.

(2) The rest of this Act comes into force on 1 August 2003.
Part 2 Amendments and repeals of other enactments, transitional provisions, and savings Subpart 3—Transitional and savings provisions 109 Transitional provisions relating to New Zealand coastal policy statements Despite sections 62(3), 67(2), and 75(2) of the principal Act (as substituted by this Act), a regional policy statement or a plan in force on the date of the com‐ mencement of this section does not need to give effect to a New Zealand coastal policy statement, but must not be inconsistent with it.
110 Transitional provisions for restricted discretionary activities If on the date of commencement of this section a plan or proposed plan includes any rule specifying an activity as a discretionary activity and restrict‐ ing any discretion under section 68(3B) or section 76(3B) of the principal Act, an application for that activity must be treated as an application for a restricted discretionary activity.
111 Transitional provisions for certain rules Despite sections 68(5)(e) and 76(4)(e) of the principal Act (as repealed and substituted by this Act), a rule included in accordance with those provisions before the commencement of this section is to be treated as if those provisions had not been repealed and substituted.
112 Continuation and completion of matters under principal Act (1) If, before the commencement of this section,— 879 Resource Management Act 1991 Version as at 13 April 2023 (a) (b) (c) (d) an application has been made for a resource consent or for any matter in relation to a resource consent (including a change or review of condi‐ tions of an existing consent); or a notice of requirement has been given for a designation or a heritage order; or an application has been made to become a requiring authority or a herit‐ age protection authority; or a policy statement, plan, change, or variation has been publicly noti‐ fied,— the continuation and completion of that matter (including any rights of appeal) must be in accordance with the principal Act as if this Act had not been enac‐ ted.
If, before the commencement of this section, an appeal has been lodged or an objection made, the continuation and completion of that appeal or objection must be in accordance with the principal Act as if this Act had not been enac‐ ted.
If, before the commencement of this section, an application for a subdivision consent has been made, the continuation and completion of all proceedings in relation to that subdivision, including the approval and deposit of a survey plan, must be in accordance with the principal Act as if this Act had not been enacted.
If, before the commencement of this section, a declaration, enforcement, or abatement action under Part 12 of the principal Act had commenced, the con‐ tinuation and completion of that action (including any appeals) must be in accordance with the principal Act as if this section had not been enacted.
If, before the commencement of this section, a notice of appeal or notice of inquiry has been lodged with the Environment Court, sections 271A and 274 of the principal Act apply as if section 271A had not been repealed, and section 274 had not been repealed and substituted, by this Act.

(2) (3) (4) (5) (6) For the purposes of this section, an appeal includes a reference to, or an inquiry by, the Environment Court.
113 Exercise of authority granted under Historic Places Act 1993 (1) An authority given under section 9F, section 9H, or section 9L of the Historic Places Act 1954, or section 44, section 46, or section 48 of the Historic Places Act 1980 that has not been wholly or partially exercised on or before the date of commencement of this section lapses.
(2) An authority given under section 9F, section 9H, or section 9L of the Historic Places Act 1954, or section 44, section 46, or section 48 of the Historic Places Act 1980 that has been partially exercised at the date of commencement of this section may continue to be exercised for a period of 2 years from the date of commencement of this section.
880 Version as at 13 April 2023 Resource Management Act 1991 Resource Management (Energy and Climate Change) Amendment Act 2004 Public Act 2004 No 2 Date of assent 1 March 2004 Commencement see section 2 1 (1) Title This Act is the Resource Management (Energy and Climate Change) Amend‐ ment Act 2004.

(2) In this Act, the Resource Management Act 1991 is called “the principal Act”.
Part 1 Preliminary provisions 2 3 8 (1) Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Purpose The purpose of this Act is to amend the principal Act— (a) to make explicit provision for all persons exercising functions and powers under the principal Act to have particular regard to— (i) (ii) (iii) the efficiency of the end use of energy; and the effects of climate change; and the benefits to be derived from the use and development of renew‐ able energy; and (b) to require local authorities— (i) (ii) to plan for the effects of climate change; but not to consider the effects on climate change of discharges into air of greenhouse gases.
Part 2 Amendments to principal Act and transitional provisions Transitional provision relating to applications made before commencement of Act The matters referred to in subsection (2) must be continued and completed in all respects in accordance with the principal Act as if this Act had not been enacted.
881 Resource Management Act 1991 Version as at 13 April 2023 (2) Subsection (1) applies to the following matters, if made or given before the commencement of this Act: (a) (b) an application for a resource consent: a notice of requirement for a designation.

(3) For the purposes of subsection (1), an application is made, or a notice is given, on the day on which the local authority receives the application, or the notice is given, in accordance with the requirements of the principal Act.
9 Transitional provision relating to rules made before commencement of Act On the commencement of this Act, an existing rule or part of a rule in a regional plan that controls the discharge into air of greenhouse gases solely for its effects on climate change is revoked.
882 Version as at 13 April 2023 Resource Management Act 1991 Resource Management (Foreshore and Seabed) Amendment Act 2004 Public Act 2004 No 94 Date of assent 24 November 2004 Commencement see section 2 1 (1) (2) 2 (1) (2) 40 (1) Title This Act is the Resource Management (Foreshore and Seabed) Amendment Act 2004.

In this Act, the Resource Management Act 1991 is called “the principal Act”.
Commencement This section and sections 3, 13, 27, 28, 33, 34, 35, 42, and 43 come into force on the day after the date on which this Act receives the Royal assent.

The rest of this Act comes into force on 17 January 2005.
Continuation and completion of applications, etc, under principal Act This section applies if, before 17 January 2005,— (a) an application has been made for a resource consent or for any matter in relation to a resource consent (including a change or review of condi‐ tions of an existing consent); or (b) a policy statement, plan, change, or variation has been publicly notified.
(2) The continuation and completion of a matter referred to in subsection (1) must be in accordance with the principal Act as if this Act had not been enacted.

(3) However, a submission, request, or application made under section 85B(1) in relation to a rule in a plan or a proposed plan must be undertaken in accordance with the principal Act as amended by this Act.
41 (1) Continuation and completion of appeals, etc, under principal Act If, before the commencement of this section, an appeal has been lodged or an objection made, the continuation and completion of that appeal or objection must be in accordance with the principal Act as if this Act had not been enac‐ ted.

(2) However, an appeal lodged after 17 January 2005 must be determined in accordance with the principal Act as amended by this Act.
(3) If, before 17 January 2005, an application for a subdivision consent has been made, the continuation and completion of all proceedings in relation to that subdivision, including the approval and deposit of a survey plan, must be in accordance with the principal Act as if this Act had not been enacted.
883 Resource Management Act 1991 Version as at 13 April 2023 (4) 42 (1) (2) If, before 17 January 2005, a declaration, enforcement, or abatement action under Part 12 of the principal Act has been commenced, the continuation and completion of that action (including any appeals) must be in accordance with the principal Act as if this Act had not been enacted.
Coastal permits relating to public foreshore and seabed In this section and section 43, authorisation includes, but is not limited to, a leasehold interest in, or a licence to occupy, a specified area of the public fore‐ shore and seabed.
This section and section 43 apply to an activity that is lawfully carried out on or in relation to land in the coastal marine area that,— (a) before the commencement of section 13(1) of the Foreshore and Seabed Act 2004, was not— (i) (ii) land of the Crown; or land vested in a regional council; but (b) after the commencement of section 13(1) of the Foreshore and Seabed Act 2004, is vested in the Crown by that section.
(3) If an activity is carried out under an authorisation granted by the relevant local authority, as the land owner, to occupy land in, or remove sand, shingle, shell, or other natural material from, the public foreshore and seabed,— (a) (b) the authorisation must be treated as a coastal permit for the activity gran‐ ted under the principal Act; and the same terms and conditions apply as applied under the authorisation; and (c) the provisions of the principal Act apply.
(4) Despite section 17 of the Foreshore and Seabed Act 2004, a right of renewal under an authorisation referred to in subsection (3) does not apply.
43 Activities carried out without authorisation If an activity that involves an occupation of land in, or the removal of sand, shingle, shell, or other natural material from, the public foreshore and seabed is being carried out without an authorisation granted by the relevant local author‐ ity, as the land owner, section 12(2) of the principal Act does not apply until 1 January 2008.
884 Version as at 13 April 2023 Resource Management Act 1991 Resource Management Amendment Act 2005 Public Act 2005 No 87 Date of assent 9 August 2005 Commencement see section 2 1 (1) (2) 2 (1) (2) (3) (4) (5) Title This Act is the Resource Management Amendment Act 2005.

In this Act, the Resource Management Act 1991 is called “the principal Act”.

Commencement This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsections (2) to (5).
Section 22(1) comes into force 12 months after the date on which this Act receives the Royal assent.

The following provisions come into force 24 months after the date on which this Act receives the Royal assent: (a) (b) section 22(2): section 25(2).

Section 67 comes into force 36 months after the date on which this Act receives the Royal assent.
The following provisions come into force on a date to be appointed by the Governor-General by Order in Council: (a) (b) (c) section 108: section 115(2) to (4): section 117.
3 Purpose The purpose of this Act is to amend the Resource Management Act 1991 (a) to improve the operation of the Act, in particular in relation to— (i) (ii) (iii) (iv) the achievement of nationally consistent standards through national environmental standards and national policy statements; and the making of decisions by consent authorities and the Environ‐ ment Court; and the power of the Minister for the Environment to call in applica‐ tions for resource consents; and the development of policy statements and plans by local author‐ ities; and 885 Resource Management Act 1991 Version as at 13 April 2023 (v) (vi) consultation with iwi and resource planning by iwi; and the allocation of natural resources; and (b) to make related and other amendments of a minor or technical nature.
131 Transitional provisions relating to provisions of principal Act (1) The amendments made by this Act do not apply to— (a) (b) (c) a policy statement, plan, change, or variation that, on or before the com‐ mencement of this Act, has been publicly notified but has not proceeded to the stage at which no further appeal is possible; or an application for a resource consent or any other matter in relation to a resource consent that, on or before the commencement of this Act, has been made but has not proceeded to the stage at which no further appeal is possible; or a requirement for a designation or heritage order for which, at the com‐ mencement of this Act, notice has been given under sections 168 or 168A or sections 189 or 189A of the principal Act, as the case may be, but which has not proceeded to the stage where no further appeal is pos‐ sible.
Subsection (1) applies subject to subsections (3) to (9).

Section 39B(1) to (4) of the principal Act applies to an application made before the commencement of those provisions if, at their respective commencement dates, the hearing has not commenced.

Sections 67(1), (2), (3)(a) and (b), (4), and (6) and 75(1), (2), (3)(a) and (b), (4), and (5) of the principal Act, as substituted by sections 41 and 46, apply to a proposed plan that, at the commencement of this Act, has been notified.
If, at the commencement of this Act, a hearing has not commenced, the follow‐ ing provisions apply to an application for a resource consent made before the commencement of this Act: (a) (b) section 99 of the principal Act as substituted by this Act; and section 99A of the principal Act inserted by this Act.
The following provisions of the principal Act apply to the matters described in section 140(c) of the principal Act, whether they arise before or after the com‐ mencement of this Act: (a) (b) (c) (d) (e) (f) the amendment to section 29 made by this Act; and sections 140 and 141 as substituted by this Act; and sections 141B and 141C inserted by this Act; and sections 142 to 149 as substituted by this Act; and sections 149A and 149B inserted by this Act; and section 150 as substituted by this Act; and (2) (3) (4) (5) (6) 886 Version as at 13 April 2023 Resource Management Act 1991 (g) section 150AA inserted by this Act.
(7) (8) (9) Clause 8AA of Schedule 1 of the principal Act applies to a proposed policy statement or a proposed plan if, at the commencement of this Act, the hearing has not commenced.

The amendments to clause 17 of Schedule 1 of the principal Act made by this Act apply to a policy statement or plan that, at the commencement of this Act, is a proposed policy statement or a proposed plan.
Clause 20A of Schedule 1 of the principal Act applies to a policy statement or plan that, at the commencement of this Act, is operative.

(10) Any material incorporated into a plan by reference before the commencement of this Act is treated as if it had been incorporated under clause 30 of Schedule 1 of the principal Act, and clauses 31 to 35 of Schedule 1 of the principal Act apply accordingly, with any necessary modifications.
133 Transitional provision for service of notice (1) Subsection (2) applies— (a) (b) to plans or proposed plans existing on 1 August 2003; and until those plans are reviewed.
(2) Despite section 94(1) of the principal Act, a consent authority is not required to serve notice of an application for a resource consent for a controlled or restric‐ ted discretionary activity if a rule in a plan or proposed plan expressly pro‐ vides— (a) (b) that such an application does not need to be notified; or that notice of such an application does not need to be served.
134 Transitional provision on allocation plans The enactment of section 30(1)(fa) and (fb) and (4) of the principal Act by this Act has no effect on any plan made before the day after the date on which this Act receives the Royal assent.

135 Transitional provisions relating to regulations made under provisions of principal Act (1) (2) Sections 43B, 43D, and 43E of the principal Act, as substituted by section 29, do not apply to national environmental standards made before the commence‐ ment of this Act.
Regulations made under section 360(1)(hi) of the principal Act may provide how the powers specified in sections 41B and 41C of the principal Act apply to a hearing that has commenced before the regulations come into force.
887 Resource Management Act 1991 Version as at 13 April 2023 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Public Act 2009 No 31 Date of assent 22 September 2009 Commencement see section 2 1 2 3 Title This Act is the Resource Management (Simplifying and Streamlining) Amend‐ ment Act 2009.

Commencement This Act comes into force on 1 October 2009.

Principal Act amended This Act amends the Resource Management Act 1991.
Part 2 Transitional provisions and amendments to other enactments Subpart 1—Transitional provisions 151 Legal effect of rules (1) This section applies to— (a) (b) a rule in a proposed plan, if the proposed plan was notified under clause 5 of Schedule 1 of the principal Act before 1 October 2009; and a rule in a change, if the change was notified under clause 26(b) of Schedule 1 of the principal Act before 1 October 2009.
(2) The legal effect of the rule must be determined as if the amendments made by this Act had not been made.

153 National environmental standards The amendments made by this Act apply to a national environmental standard whether the standard was in force before or after the commencement of this section.

154 National policy statements The amendments made by this Act apply to a national policy statement whether the statement was issued before or after the commencement of this section.
888 Version as at 13 April 2023 Resource Management Act 1991 155 Proposals of national significance called in (1) Subsection (2) applies to a resource consent application, notice of requirement, or request for a change to a plan that, immediately before the commencement of this section,— (a) (b) had been lodged with or initiated by a local authority; and had been called in by the Minister for the Environment or Minister of Conservation under section 141B of the principal Act; but (c) had not proceeded to the stage at which no further appeal was possible.
(2) The application, notice of requirement, or request must be determined as if the amendments made by this Act had not been made.

156 Restricted coastal activities (1) Subsection (4) applies to an application for a coastal permit for a restricted coastal activity that, immediately before the commencement of this section,— (a) (b) had been publicly notified under section 93 of the principal Act; but had not been decided by the Minister of Conservation.
(2) Subsection (4) also applies to an application to change or cancel a condition of a coastal permit for a restricted coastal activity if, immediately before the com‐ mencement of this section,— (a) (b) the consent authority had decided, under section 127 of the principal Act, whether to notify the application; but the application had not proceeded to the stage at which no further appeal was possible.
(3) Subsection (4) also applies to a review of the conditions of a coastal permit for a restricted coastal activity if, immediately before the commencement of this section,— (a) (b) the consent authority had decided, under section 130 of the principal Act, whether to notify the review; but the review had not proceeded to the stage at which no further appeal was possible.

(4) The application or review must be determined as if the amendments made by this Act had not been made.
157 Notices of requirement (1) Subsection (2) applies to a requirement for a designation or heritage order if, immediately before the commencement of this section,— (a) 1 or more of the following had occurred: (i) a notice of the requirement had been given under section 168(1) or (2) or 189(1) of the principal Act: 889 Resource Management Act 1991 Version as at 13 April 2023 (ii) (iii) (iv) (v) the territorial authority had resolved to publicly notify the require‐ ment under section 168A(1) of the principal Act: the territorial authority had given notice of the requirement under section 189A(1) of the principal Act: a requiring authority had given notice of the requirement, and the requirement was for a modified designation, under clause 4 of Schedule 1 of the principal Act: the territorial authority had decided to include the requirement in its proposed district plan under clause 4 of Schedule 1 of the prin‐ cipal Act; but (b) the requirement had not proceeded to the stage at which no further appeal was possible.
(2) (3) The requirement must be determined as if the amendments made by this Act had not been made.

Subsections (1) and (2) also apply as if a requirement to alter a designation or heritage order were a requirement for a designation or heritage order.
158 Enforcement proceedings (1) Subsection (2) applies to an application for an enforcement order or to a charg‐ ing document that— (a) relates to acts or omissions before the commencement of this section; and (b) either— (i) was lodged or filed before the commencement of this section but, immediately before the commencement of this section, had not proceeded to the stage at which no further appeal was possible; or (ii) is lodged or filed after the commencement of this section.
The application, or the proceedings relating to the charge, must be determined as if the amendments made by this Act had not been made.

The period for filing a charging document in respect of an offence against sec‐ tion 338(1A) or (1B) of the principal Act is the period specified in section 338(4) of the principal Act, as amended by this Act, only if the offence is com‐ mitted after the commencement of this section.
Section 158(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 158(1)(b)(i): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 158(1)(b)(ii): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 158(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
(2) (3) 890 Version as at 13 April 2023 Resource Management Act 1991 Section 158(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
159 Outstanding applications for resource consent where further information requested (1) A consent authority must determine that an application for a resource consent has lapsed if— (a) (b) (c) the application was lodged before the commencement of the Resource Management Amendment Act 2005; and the consent authority requests, or has requested, further information on the application under section 92(1) of the principal Act; and the applicant does not comply with the request within 12 months after the later of the following: (i) (ii) the date of commencement of this section: the date on which the request was made.
(2) An application that is lodged again with a consent authority after lapsing under subsection (1) must be treated for the purposes of the principal Act as if it were a new application for a resource consent.
160 Applications and matters lodged before commencement (1) Subsection (3) applies to anything specified in subsection (2) that, immediately before the commencement of this section,— (a) (b) had been lodged with or initiated by a local authority or a Minister; but had not proceeded to the stage at which no further appeal was possible.
(2) The things referred to in subsection (1) are— (a) (b) (c) (d) (e) (f) an application for a resource consent (or anything treated by the princi‐ pal Act as if it were an application for a resource consent): any other matter in relation to a resource consent (or in relation to any‐ thing treated by the principal Act as if it were a resource consent): an application for a water conservation order under section 201(1) of the principal Act: an application to revoke or amend a water conservation order under sec‐ tion 216(2) of the principal Act: an application or a proposal to vary or cancel an instrument creating an esplanade strip under section 234(1) or (3) of the principal Act: a matter of creating an esplanade strip by agreement under section 235(1) of the principal Act.
(3) The application or matter must be determined as if the amendments made by this Act had not been made.

(4) This section is subject to sections 156 and 159.
891 Resource Management Act 1991 Version as at 13 April 2023 161 Certain proposed policy statements or plans, changes, and variations publicly notified before commencement (1) Subsection (2) applies to a proposed policy statement or plan or a change that, immediately before 1 October 2009,— (a) had been publicly notified under clause 5 or 26(b) of Schedule 1 of the principal Act; but (b) had not proceeded to the stage at which no further appeal was possible.
(2) The proposed policy statement or plan or change must be determined as if the amendments made by this Act had not been made.

892 Resource Management Act 1991 Notes Version as at 13 April 2023 Notes 1 General This is a consolidation of the Resource Management Act 1991 that incorpor‐ ates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments.

This presump‐ tion applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version.

A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation Severe Weather Emergency Recovery Legislation Act 2023 (2023 No 17): Part 3 subpart 3 Severe Weather Emergency Legislation Act 2023 (2023 No 4): Part 4 Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Act 2022 (2022 No 78): section 39 Statutes Amendment Act 2022 (2022 No 75): Part 35 Remuneration Authority Legislation Act 2022 (2022 No 74): subpart 6 Maniapoto Claims Settlement Act 2022 (2022 No 50): section 44 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14): wehenga 7/section 7 Ngāti Maru (Taranaki) Claims Settlement Act 2022 (2022 No 9): section 42 Ngāti Rangitihi Claims Settlement Act 2022 (2022 No 7): section 40 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59) Ahuriri Hapū Claims Settlement Act 2021 (2021 No 54): section 45 Moriori Claims Settlement Act 2021 (2021 No 49): section 40 COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42): Schedule 3 Part 3 Water Services Act 2021 (2021 No 36): section 206(1) Ngāti Hinerangi Claims Settlement Act 2021 (2021 No 11): section 47 Secondary Legislation Act 2021 (2021 No 7): section 3 Infrastructure Funding and Financing Act 2020 (2020 No 47): section 161 Urban Development Act 2020 (2020 No 42): section 300 893 Notes Resource Management Act 1991 Version as at 13 April 2023 Public Service Act 2020 (2020 No 40): section 135 Resource Management Amendment Act 2020 (2020 No
 30): Part 1 COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13): section 3 Statutes Amendment Act 2019 (2019 No 56): sections 125–131 Contempt of Court Act 2019 (2019 No 44): section 29 Ngāti Rangi Claims Settlement Act 2019 (2019 No 40): section 39 Ngāti Tūwharetoa Claims Settlement Act 2018 (2018 No 55): section 47 Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018 (2018 No 28): section 40 Ngāti Tamaoho Claims Settlement Act 2018 (2018 No 19): section 41 Ngāi Tai ki
 Tāmaki Claims Settlement Act 2018 (2018 No 18): section 86 Heretaunga Tamatea Claims Settlement Act 2018 (2018 No 14): section 34 Ngatikahu ki Whangaroa Claims Settlement Act 2017 (2017 No 41): section 40 Ngāti Pūkenga Claims Settlement Act 2017 (2017 No 39): section 41 Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act 2017 (2017 No 38): sec‐ tion 40 Land Transfer Act 2017 (2017 No 30): section 250 Fire and Emergency New Zealand Act 2017 (2017 No 17): section 197 Resource Legislation Amendment Act 2017 (2017 No 15): Part 1 subpart 1, Part 1 subpart 2, section 188 Rangitāne o Manawatu Claims Settlement Act 2016 (2016 No 100): section 41 Taranaki Iwi Claims Settlement Act 2016 (2016 No 95): section 42 Te Atiawa Claims Settlement Act 2016 (2016 No 94): section 42 Ngāruahine Claims Settlement Act 2016 (2016 No 93): section 42 Civil Defence Emergency Management Amendment Act 2016 (2016 No 88): section 42 Resource Management Amendment Act 2016 (2016 No 68) Electronic Courts and Tribunals Act 2016 (2016 No 52): section 36 Judicial Review Procedure Act 2016 (2016 No 50): section 24 District Court Act 2016 (2016 No 49): section 261 Senior Courts Act 2016 (2016 No 48): section 183(b), (c) Hineuru Claims Settlement Act 2016 (2016 No 33): section 46 Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17): section 50 Te Rarawa Claims Settlement Act 2015 (2015 No 79): section 135 NgāiTakoto Claims Settlement Act 2015 (2015 No 78): section 119 Te
 Aupouri Claims Settlement Act 2015 (2015 No 77): section 123 Ngāti Kuri Claims Settlement Act 2015 (2015 No 76): section 121 Te Kawerau ā Maki Claims Settlement Act 2015 (2015 No 75): section 40 Ngāti Hauā Claims Settlement Act 2014 (2014 No 75): section 43 Ngāti Koroki Kahukura Claims Settlement Act 2014 (2014 No 74): section 34 Local Government Act 2002 Amendment Act 2014 (2014 No 55): section 78 Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26): section 107 Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki
 Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 (2014 No 20): section 55 894 Version as at 13 April 2023 Resource Management Act 1991 Notes Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014 (2014 No 19): section 52 Ngati Toa Rangatira Claims Settlement Act 2014 (2014 No 17): section 39 Tapuika Claims Settlement Act 2014 (2014 No 15): section 45 Ngāti Rangiwewehi Claims Settlement Act 2014 (2014 No 14): section 46 Ngāti Rangiteaorere Claims Settlement Act 2014 (2014 No 13): section 44 Maungaharuru-Tangitū Hapū Claims Settlement Act 2014 (2014 No 12): section 50 Raukawa Claims Settlement Act 2014 (2014 No 7): section 41 Resource Management Amendment Act 2013 (2013 No 63) Waitaha Claims Settlement Act 2013 (2013 No 38): section 40 Ngāti Whātua o Kaipara Claims Settlement Act 2013 (2013 No 37): section 71 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8 Crown Minerals Amendment Act 2013 (2013 No 14): section 65 Legislation Act 2012 (2012 No 119): section 77(3) Ngāti Whātua Ōrākei Claims Settlement Act 2012 (2012 No 91): section 41 Ngāti Manuhiri Claims Settlement Act 2012 (2012 No 90): section 41 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72): section 176 Ngai Tāmanuhiri Claims Settlement Act 2012 (2012 No 55): section 40 Rongowhakaata Claims Settlement Act 2012 (2012 No 54): section 43 Ngāti Mākino Claims Settlement Act
 2012 (2012 No 53): section 36 Maraeroa A and B Blocks Claims Settlement Act 2012 (2012 No 52): section 36 Ngati Porou Claims Settlement Act 2012 (2012 No 31): section 56 Ngāti Pāhauwera Treaty Claims Settlement Act 2012 (2012 No 30): section 79 Ngāti Whare Claims Settlement Act 2012 (2012 No 28): section 62 Ngāti Manawa Claims Settlement Act 2012 (2012 No 27): section 54 Search and Surveillance Act 2012 (2012 No 24): section 300 Criminal Procedure Act 2011 (2011 No 81): section 413 Resource Management
 Amendment Act (No 2) 2011 (2011 No 70) Resource Management Amendment Act 2011 (2011 No 19) Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3): section 128 Ngāti Apa (North Island) Claims Settlement Act 2010 (2010 No 129): section 41 Private Security Personnel and Private Investigators Act 2010 (2010 No 115): section 121(1) Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1) Unit Titles Act 2010 (2010 No 22): section 233(1) Corrections (Use of Court Cells) Amendment Act 2009 (2009 No 60): section 5 Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31) Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 (2009 No 26): section 36 Te Roroa Claims Settlement Act 2008 (2008 No 100): section 81 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98): section 48 Resource Management Amendment Act 2008 (2008 No 95) 895 Notes Resource Management Act 1991 Version as at 13 April 2023 Policing Act 2008 (2008 No 72): sections 116(a)(ii), (iv), 130(1) Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60): section 17 Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Property Law Act 2007 (2007 No 91): section 364(1) Resource Management Amendment Act 2007 (2007 No 77) Ngāti Mutunga Claims Settlement Act 2006 (2006 No 61): sections 62, 98 Te Arawa Lakes Settlement Act 2006 (2006 No 43): section 70 Summary Proceedings
 Amendment Act 2006 (2006 No 13): section 36 Resource Management Amendment Act 2005 (2005 No 87) Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84): sections 57, 112 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72): section 63 Building Amendment Act 2005 (2005 No 31): section 14(2) Ngāti Awa Claims Settlement Act 2005 (2005 No 28): section 58 Relationships (Statutory References) Act 2005 (2005 No 3): section 7 Resource Management Amendment Act (No 2) 2004 (2004 No 103) Maritime
 Transport Amendment Act 2004 (2004 No 98): section 11(3) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) Building Act 2004 (2004 No 72): section 414 Local Government (Rating) Amendment Act 2004 (2004 No 66): section 13 Resource Management Amendment Act 2004 (2004 No 46) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5) Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2) Ngati Tama Claims Settlement Act 2003 (2003 No 126): section 71 Supreme Court Act 2003 (2003 No 53): section 48(1) State Sector Amendment Act 2003 (2003 No 41): section 14(1) Resource Management Amendment Act 2003 (2003 No 23) Ngati Ruanui Claims Settlement Act 2003 (2003 No 20): section 107 Local Government Act 2002 (2002 No 84): sections 262, 266 Te Uri o Hau Claims Settlement Act 2002 (2002 No 36): section 74 Civil Defence Emergency Management Act 2002 (2002 No 33): section 117 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11): section 65(4) Sentencing Act 2002 (2002 No 9): section 186 Local Government (Rating) Act 2002 (2002 No 6): section 138(1) Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5) Telecommunications Act 2001 (2001 No 103): section 158, 159(8) Summit Road (Canterbury) Protection Act 2001 (2001 No 3 (L)): section 36 Pouakani Claims Settlement Act 2000 (2000 No 90): section 51 Personal Property Securities Act 1999 (1999 No
 126): section 191(1) Interpretation Act 1999 (1999 No 85): section 38(1) Land Transport Act 1998 (1998 No 110): section 215(1) Ngāi Tahu Claims Settlement Act 1998 (1998 No 97): section 226 896 Version as at 13 April 2023 Resource Management Act 1991 Notes District Courts Amendment Act 1998 (1998 No 76): section 7 Rating Valuations Act 1998 (1998 No 69): section 54(1) Resource Management Amendment Act 1997 (1997 No 104) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100): section
 5(1)(c) Crown Minerals Amendment Act (No 2) 1997 (1997 No 91): section 4(2) Resource Management Amendment Act 1996 (1996 No 160) Fisheries Act 1996 (1996 No 88): section 316(1) Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74): section 5(4) Survey Amendment Act 1996 (1996 No 55): section 2(1) Hazardous Substances and New Organisms Act 1996 (1996 No 30): section 149 Department of Justice (Restructuring) Act 1995 (1995 No 39): section 10(1) Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113): section 4 Resource Management Amendment Act 1994 (1994 No 105) Otago Regional Council (Kuriwao Endowment Lands) Act 1994 (1994 No 4 (L)): section 22(1)(c) Resource Management Amendment Act 1993 (1993 No 65) Historic Places Act 1993 (1993 No 38): section 118(1), (2) Te Ture Whenua Maori Act 1993 (1993 No 4): section 362(2) Building Act 1991 (1991 No 150): section 92(1) Crown Minerals Amendment Act 1991 (1991 No 102): section 2(2) Resource Management Act 1991 (1991 No 69): section 392(2) Public Finance Act 1989 (1989 No 44): section 65R(3) Wellington, New Zealand: Published under the authority of the New Zealand Government—2023 897