Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698844626383.pdf (New Zealand)
Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill Government Bill Explanatory note General policy statement The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill implements the Government’s decisions to extend the Canterbury Regional Coun- cil’s governance arrangement and special water management decision-making powers in the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 (the Act).
The Bill will continue to empower Government-appointed commis- sioners to provide the governance and leadership necessary to con- tinue to address long-standing, systemic, institutional, and govern- ance issues with the Canterbury Regional Council (ECan).

It will also continue to provide the commissioners with powers necessary to enable them to complete and implement the Canterbury region’s resource management framework.
After the expiry of governance by commissioners in the Act, circum- stances and governance challenges will continue to exist in Canter- bury that require the continuation of an innovative approach to re- 63—1 2 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill Explanatory note gional governance.
The Canterbury earthquakes, Canterbury’s vast and valuable water resources, its significant capacity to support ef- ficient and highly productive agriculture, its size, and its history of competing interests for resources continue to set the challenges of its regional governance apart from those of other regions.

National initiatives in water and land reform require an effective, ef- ficient, and stable governance arrangement to achieve the projected outcomes of economic and environmental return.
Governance con- tinuity of ECan is also essential to support the earthquake recovery process.

The commissioners will be expected to continue to pro- vide leadership and direction for the Canterbury region on resource management matters, with a particular emphasis on their important freshwater management responsibilities.
As the governing body of ECan, the commissioners will continue to have the same statutory duties and powers as those of a regional coun- cil under the Local Government Act 2002, the Resource Management Act 1991, and other statutes that give regional councils responsibil- ities.

The public consultation and participation requirements of those statutes will remain in place.
In order to enable the commissioners to adopt a second-generation Land and Water Plan and other plans and to fully implement the Can- terbury Water Management Strategy, the commissioners will con- tinue to be provided with additional resource management powers.

Appeals to the Environment Court on the merit of the commissioners’ decisions on the Canterbury resource management planning and pol- icy framework will continue to be disallowed under the Bill.
How- ever, the Bill will continue to preserve the right of participants to appeal against commissioners’ decisions to the High Court on points of law.

Appeals to the superior courts on the decisions of the High Court will follow the normal judicial processes.
When making decisions on regional plans and policy statements in Canterbury, including any variations or changes subsequently pro- moted by the commissioners, the commissioners will be required to have particular regard to the vision and principles of the Canterbury Water Management Strategy.
The Bill will continue to require the Minister for the Environment to direct applications for new water conservation orders in Canterbury, and applications to vary or revoke existing water conservation orders in Canterbury, to the commissioners rather than to a special tribunal.
Explanatory note Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill 3 The commissioners’ recommendations on water conservation orders will be appealable to the High Court on points of law only.
The Bill will continue to provide commissioners with the power to impose targeted moratoria, subject to the approval of the Minister for the Environment, to prevent the granting of further resource consents for water takes in groundwater zones and other freshwater resources in Canterbury that are nearing or beyond full allocation.

It will con- tinue to provide both the commissioners and the Minister for the En- vironment with the power to revoke a moratorium at any time.
The Bill will require the Minister of Local Government to commence a review of ECan’s governance arrangement on 1 March 2014.

The review must cover the governance structure of ECan, its member- ship, and its powers and functions in relation to resource manage- ment issues.

The Bill repeals the provisions relating to the Hurunui WCO applica- tion.

The application has been withdrawn, making those provisions unnecessary.
Regulatory impact statement The Department of Internal Affairs produced a regulatory impact statement on 31 July 2012 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at— • http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Re- source-material-Regulatory-Impact-Statements-Index?Open- Document http://www.treasury.govt.nz/publications/informationre- leases/ris • Clause by clause analysis Clause 1 is the Title clause.

Clause 2 is the commencement clause.

The Bill is to come into force on the day after the date on which it receives the Royal assent.
Clause 3 provides that the Bill amends the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 (the Act).

4 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill Explanatory note Part 1 Amendments to preliminary provision Clause 4 amends section 4, which contains definitions of terms used in the Act.
The amendments— • replace the definition of 2013 election with a definition of 2016 election: repeal the definition of Hurunui WCO application: amend the definition of next election to replace the reference to the 2013 election with a reference to the 2016 election.

• • the governance structure of ECan; and the membership of ECan; and ECan’s powers and functions under Part 3.
Part 2 Amendments to other provisions Clause 5 inserts new section 17A, which requires the responsible Ministers to begin a review of ECan on 1 March 2014.

The review must cover— • • • Clause 6 makes a drafting amendment to the cross-heading above section 22.

Clause 7 amends section 22, which provides that the triennial gen- eral election of members of ECan for 2010 is not to be held.

The amendments extend the provision to apply to the 2013 triennial gen- eral election.
Clause 8 repeals section 60(2), which applies Part 2 of Schedule 2 to the Hurunui WCO application.

Clause 9 repeals Part 2 of Schedule 2.
Hon David Carter Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill Government Bill Contents Title Commencement Principal Act Part 1 Amendments to preliminary provision Section 4 amended (Interpretation) Part 2 Amendments to other provisions Review New section 17A inserted (Review) 17A Cross-heading above section 22 amended Section 22 amended (2010 election for members of ECan must not be held) Section 60 amended (Transitional provisions) Schedule 2 amended 63—1 Page 2 2 2 2 2 2 3 3 3 3 1 cl 1 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill The Parliament of New Zealand enacts as follows: 1 2 3 4 (1) (2) (3) Title This Act is the Environment Canterbury (Temporary Commis- sioners and Improved Water Management) Amendment Act 2012.
5 Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Principal Act This Act amends the Environment Canterbury (Temporary 10 Commissioners and Improved Water Management) Act 2010 (the principal Act).
Part 1 Amendments to preliminary provision Section 4 amended (Interpretation) In section 4(1), replace the definition of 2013 election with: “2016 election means the triennial general election of mem- bers of ECan that (subject to section 11 of the Local Electoral Act 2001) must be held on the second Saturday in October 2016”.

In section 4(1), repeal the definition of Hurunui WCO appli- cation.

In section 4(1), definition of next election, replace “2013” with “2016”.
Part 2 Amendments to other provisions 5 New section 17A inserted (Review) After section 17, insert: “17A Review “(1) The responsible Ministers must begin a review of ECan on 30 1 March 2014.
“(2) The review must cover— 2 15 20 25 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill Part 2 cl 9 the governance structure of ECan; and the membership of ECan; and “(a) “(b) “(c) ECan’s powers and functions under Part 3.” Cross-heading above section 22 amended In the cross-heading above section 22, replace “2010 election” 5 with “2010 and 2013 elections”.
Section 22 amended (2010 election for members of ECan must not be held) In the heading to section 22, replace “2010 election” with “2010 and 2013 elections”.

In section 22(1),— (a) (b) replace “general election” with “general elections”; and insert “and in October after “(the 2010 election)”, 2013”.

Section 60 amended (Transitional provisions) Repeal section 60(2).

Schedule 2 amended In Schedule 2, repeal Part 2.


10 15 6 7 (1) (2) 8 9 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 3