Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941173004.pdf (New Zealand)
No 253 House of Representatives Supplementary Order Paper Thursday, 1 December 2016 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments for the consideration of the Committee of the whole House Key: • • this is inserted text this is deleted text Note: This Supplementary Order Paper shows amendments to the Bill that are being proposed by the Minister for the purposes of consideration in Committee of the whole House.
This document does— • • NOT have official status in terms of unamended text NOT have the status of an as-reported version of the Bill.
212—1/SOP No 253 1 Proposed amendments to Hurunui/Kaikōura Earthquakes Emergency Relief Bill SOP No 253 Explanatory note This Supplementary Order Paper does the following: • • • • • • • • • • extends the time periods in clauses 5(2) and 7(2) (which relate to the time by which various persons must give notice of having acted under emergency powers authorised by the Resource Management Act 1991); and amends clause 6 to require the local authority to provide written notice of hav- ing entered a place to the ratepayer for the land on which the place is situated; and extends the time period in clause 11(2) (which relates to the time by which an owner or occupier of rural land must give notice of having acted under clause 10); and in clause 14(1), the date on which subpart 2 of Part 2 is repealed is changed from 30 March 2017 to 31 July 2017; and clarifies the requirements in clause 16(2)(b) and (c) in relation to dumping and depositing of material in respect of the harbour rehabilitation (including by de- leting references to “depositing”, as this concept is already covered in sub- clause (2)(f) ); and clarifies the requirements in clause 18 in relation to the use of emergency powers by the Kaikoura District Council and the Canterbury Regional Council in respect of the harbour rehabilitation; and amends, in clause 19, the process for a consent authority considering a resource consent application for a deemed controlled activity in relation to the harbour to allow the authority, if it considers it appropriate to do so, to hold a meeting and hear those persons who have made written comments on the application; and clarifies in clause 21 that the consent authority must consider the written com- ments (and oral comments, if applicable) made on the application (rather than the summary of those comments); and clarifies the repeal date in clause 14 that is referred to in clause 25; and makes minor and technical drafting changes throughout the Bill.
The Honourable Gerry Brownlee, in Committee, to propose the amendments shown in the following document.
212—1/SOP No 253 3 Hon Gerry Brownlee Hurunui/Kaikōura Earthquakes Emergency Relief Bill Government Bill Contents Page Title Commencement Interpretation Act binds the Crown Part 1 Preliminary provisions Part 2 Modifications to application of RMA Subpart 1—Modification of emergency powers Modified requirements for exercise of emergency powers under section 330 of RMA Modified application of section 330(2) of RMA to local authority Modified requirements for exercise of emergency powers to which section 330B of RMA applies Limitation on application of subpart Subpart 2—Emergency activities undertaken by certain rural landowners and occupiers Application of this subpart Owner or occupier of rural land may take emergency preventive or remedial actions Requirement for owner or occupier to give notice Duty to gather information, monitor, and keep records Enforcement proceedings Repeal of subpart and its effect 212—1/SOP No 253 2 2 2 3 3 4 4 4 5 5 6 6 6 6 1 cl 1 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments to Subpart 3—Rehabilitation of Kaikōura Harbour harbour Interpretation Meaning of rehabilitation work Deeming of certain rehabilitation work to be controlled activity Application of emergency powers to deemed controlled activity Process for consent authority considering resource consent application for deemed controlled activity Application of RMA to resource consent application for deemed controlled activity Summary of responses Enforcement proceedings Part 3 Miscellaneous provisions Order in Council may specify additional local authorities Application of Legislation Act 2012 Repeal of this Act The Parliament of New Zealand enacts as follows: 6 7 8 8 9 11 11 11 12 12 12 1 2 3 (1) Title This Act is the Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016.
Commencement This Act is deemed to have come into force on 14 November 2016.
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— earthquake-affected area means, to the extent that they are affected (whether directly or indirectly) by the Hurunui/Kaikōura earthquakes,— (a) (b) the districts and regions of the local authorities; and the parts of the coastal marine area that are part of, or adjacent to, the districts and regions of the local authorities Hurunui/Kaikōura earthquakes or earthquakes— (a) means the earthquakes that occurred on 14 November 2016 in Hurunui and Kaikōura; and (b) includes any earthquake that occurs in, or significantly affects, the earth- quake-affected area on or after 14 November 2016 2 212—1/SOP No 253 Proposed amendments to Hurunui/Kaikōura Earthquakes Emergency Relief Bill Part 2 cl 5 local authority, for the purposes of subpart 1 of Part 2, means— (a) the Hurunui District Council, the Kaikoura District Council, the Marl- borough District Council, the Wellington City Council, the Hutt City Council, the Canterbury Regional Council, and the Wellington Regional Council; and (b) a local authority specified for the purposes of this definition in an Order in Council made under section 23 Minister means the Minister of the Crown who, with the authority of the Prime Minister, is responsible for the administration of this Act plan— (a) (b) has the meaning given in section 2 of the RMA; and includes a proposed plan RMA means the Resource Management Act 1991.
(2) A term defined in the RMA that is used, but not defined, in this Act has the same meaning as in the RMA.

(3) An example used in this Act is only illustrative of the provision to which it re- lates.

It does not limit the provision.

(4) If an example and a provision to which it relates are inconsistent, the provision prevails.

4 Act binds the Crown This Act binds the Crown.
Part 2 Modifications to application of RMA Subpart 1—Modification of emergency powers 5 (1) (2) (3) (4) Modified requirements for exercise of emergency powers under section 330 of RMA This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a person, local authority, consent authority, network utility oper- ator, or lifeline utility (or a person acting on their behalf) undertakes an activity in the earthquake-affected area under section 330 of the RMA.
The time within which advice of the activity must be given under section 330A(1) is extended to 40 60 working days.

The time within which any application for a resource consent must be lodged under section 330A(2) is extended to 120 working days.

Section 330A(3) applies subject to the time periods as modified by subsec- tions (2) and (3).
212—1/SOP No 253 3 Part 2 cl 6 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments to 6 (1) (2) Modified application of section 330(2) of RMA to local authority This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a local authority or consent authority acting under section 330(2) of the RMA enters a place on land within the earthquake-affected area when the occupier is not there.
Section 330(3) is satisfied, and the local authority is not required to take further action to contact the occupier, if a notice is displayed in a prominent place on the land that gives the date and purpose of entry and the contact details of a person who can provide further information.
(2) Section 330(3) is satisfied, and the local authority or consent authority is not required to take further action to contact the occupier, if— (a) (b) there is displayed in a prominent place on the land a notice that gives the date and purpose of entry and the contact details of a person who can provide further information; and as soon as practicable after entering the land, the local authority or con- sent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002.
7 (1) (2) (3) (4) Modified requirements for exercise of emergency powers to which section 330B of RMA applies This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a person (or a person acting on their behalf) undertakes an activity to which section 330B of the RMA applies in that part of the earthquake- affected area to which a state of emergency or transition period under the Civil Defence Emergency Management Act 2002 applies.
The time within which advice of the activity must be given under section 330B(2) is extended to 40 60 working days.

The time within which any application for a resource consent must be lodged under section 330B(3) is extended to 120 working days.

Section 330B(4) and (5) applies subject to the time periods as modified by subsections (2) and (3).
8 Limitation on application of subpart This subpart applies subject to the limitation set out in section 18 (which re- lates to the use of emergency powers for certain activities in respect of the re- habilitation of Kaikōura Hharbour).
4 212—1/SOP No 253 Proposed amendments to Hurunui/Kaikōura Earthquakes Emergency Relief Bill Part 2 cl 10 Subpart 2—Emergency activities undertaken by certain rural landowners and occupiers 9 (1) (2) 10 (1) Application of this subpart This subpart applies to activities undertaken on rural land to which 1 or more of the district or regional plans of any of the following local authorities apply: (a) the Hurunui District Council, the Kaikoura District Council, the Marl- borough District Council, and the Canterbury Regional Council; or: (b) a local authority specified for the purposes of this section in an Order in Council made under section 23; and.
In this subpart, rural land means land that— (a) is within the district of— (i) the Hurunui District Council, the Kaikoura District Council, or the Marlborough District Council; or (ii) a local authority referred to in subsection (1)(b); and (b) either— (i) (ii) has rural zoning status (however described) in the relevant district plan; or is used for the primary purpose of livestock or horticultural farm- ing.
Owner or occupier of rural land may take emergency preventive or remedial actions Subsection (2) applies if,— (a) because of or in connection with the Hurunui/Kaikōura earthquakes, a sudden event or an adverse effect on the environment has caused, is causing, or is likely to cause loss of life or injury to humans, loss of life or serious detriment to the health or well-being of animals, or serious damage to land or property; and (b) the owner or occupier of rural land— (i) considers, on reasonable grounds, that immediate preventive or re- medial measures are required on the owner’s or occupier’s rural land to avoid, remedy, or mitigate the loss, injury, detriment, or damage; and (ii) undertakes an activity to give effect to the measures; and (c) (d) in the circumstances, the activity is proportionate to the loss, injury, det- riment, or damage or the risk of any of those the loss, injury, detriment, or damage; and the activity will not cause significant adverse effects beyond the bounda- ries of the owner’s or occupier’s rural land.
212—1/SOP No 253 5 Part 2 cl 11 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments to (2) (3) The activity is deemed to be a permitted activity for the purposes of the rele- vant district or regional plan (or both).

Subsection (2) applies whether or not the sudden event or adverse effect was foreseeable.
11 Requirement for owner or occupier to give notice (1) An owner or occupier of rural land who has acted under section 10 must give written notice to the relevant consent authority that the activity has been under- taken.

(2) Notice must be given within 40 60 working days from the start of the undertak- ing of the activity.

(3) If the owner or occupier fails to comply with subsection (2), the permitted activity status of the activity is revoked as from the date on which the notice period ends.
12 Duty to gather information, monitor, and keep records Nothing in this subpart limits or affects a local authority’s duties under section 35 of the RMA.

13 Enforcement proceedings For the purposes of activities undertaken under this subpart, only the relevant local authority may take enforcement proceedings (including declaratory pro- ceedings) under Part 12 of the RMA, including in any case where it is alleged that the rural land owner or occupier of rural land has breached section 16 or 17 of the RMA.
14 (1) (2) Repeal of subpart and its effect This subpart is repealed on 30 March 2017 31 July 2017.

The repeal does not affect the permitted activity status conferred on an activity under section 10(2).
(3) However,— (a) (b) subsection (2) does not limit or affect the operation of the RMA (in- cluding the ability to change the status of the permitted activity in a dis- trict or regional plan) after the repeal of this subpart; and section 13 continues to apply, despite its repeal, for the purposes of taking any enforcement proceedings in relation to the permitted activity.
Subpart 3—Rehabilitation of Kaikōura Harbour harbour 15 Interpretation In this subpart, unless the context otherwise requires,— 6 212—1/SOP No 253 Proposed amendments to Hurunui/Kaikōura Earthquakes Emergency Relief Bill Part 2 cl 16 consent authority means the Kaikoura District Council or the Canterbury Re- gional Council (or both) deemed controlled activity means an activity to which section 17 applies Kaikōura harbour or harbour means— (a) (b) the area of the sea (and adjacent foreshore) on the northern side of the Kaikōura peninsula Peninsula that falls more or less within the arc of a circle that has a radius of 0.6 nautical miles centred on the Ingles Bay wharf front lead light; and the area of the sea (and adjacent foreshore) on the southern side of the Kaikōura peninsula Peninsula that falls more or less within the arc of a circle that has a radius of 0.6 nautical miles centred on the South Bay Boat Harbour green flashing aid to navigation rehabilitation work has the meaning given in section 16.
16 Meaning of rehabilitation work (1) In this subpart, rehabilitation work means an activity described in subsec- tion (2) if, because of or in connection with the Hurunui/Kaikōura earth- quakes, it is necessary or desirable to undertake the activity so that the Kaikōura harbour and its facilities are able to be used fully, effectively, and safely.
(2) The activities are— as follows: (a) (b) (c) (c) (d) (e) disturbing the foreshore or seabed within the harbour, including by dredging, excavating, drilling, tunnelling, or blasting: removing foreshore or seabed material from the harbour and depositing or dumping it in, on, or under other areas of— (i) (ii) foreshore within the Kaikōura district: land within the Kaikōura district: removing foreshore or seabed material from the harbour and depositing (but not dumping) it in, on, or under the seabed within the harbour: removing foreshore or seabed from the harbour and dumping it in, on, or under— (i) (ii) foreshore within the Kaikoura district: land within the Kaikoura district: erecting, reconstructing, repairing, altering, extending, removing, or de- molishing a structure within the harbour: using or storing machinery or hazardous material within the harbour or in, on, or under other areas of— (i) (ii) foreshore within the Kaikōura district: seabed within the Kaikōura district: 212—1/SOP No 253 7 Part 2 cl 17 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments to (iii) land within the Kaikōura district: (f) an activity associated with an activity described in any of paragraphs (a) to (e), including— (i) the discharge of any thing associated with disturbing the foreshore or seabed; and (ii) the discharge of any thing associated with moving foreshore or seabed material and depositing it elsewhere.
In this section, Kaikōura district means the district of the Kaikōura District Council and the coastal marine area adjacent to that area.

Deeming of certain rehabilitation work to be controlled activity This section applies to rehabilitation work that has any status other than that of a permitted activity under any of the following: (3) 17 (1) (a) (b) the district plan of the Kaikoura District Council: a regional plan of the Canterbury Regional Council.
(2) If the work is undertaken by or on behalf of an authorised person, the work is deemed— (a) (b) to be a controlled activity; and to satisfy the requirements of section 107(2)(a) to (c) of the RMA.
(3) Despite sections 87A(2)(b) and 104A(b) of the RMA, a consent authority may impose on a resource consent granted for an activity to which subsection (2) applies any conditions under section 108 of the RMA that it considers appro- priate on a resource consent granted for an activity to which subsection (2) applies for the purposes of managing or monitoring the environmental effects of the activity.
(4) In this section, authorised person means any of the following: (a) (b) (c) the Kaikoura District Council: the Canterbury Regional Council: a person authorised by the Kaikoura District Council or the Canterbury Regional Council (or both).
18 Application of emergency powers to deemed controlled activity The modifications to the RMA set out in subpart 1 do not apply in respect of a deemed controlled activity undertaken by or on behalf of the Kaikoura Dis- trict Council or the Canterbury Regional Council unless the council con- cerned,— (a) before the activity is undertaken,— (i) considers the environmental effects of the activity and how they may be avoided, remedied, or mitigated; and 8 212—1/SOP No 253 Proposed amendments to Hurunui/Kaikōura Earthquakes Emergency Relief Bill Part 2 cl 19 (ii) considers any effects of the activity on marine mammals and sea- birds and how the effects may be avoided, remedied, or mitigated; and (a) before the activity is undertaken, considers the environmental effects of the activity (including the effects on fish, marine mammals, and sea- birds) and how the effects may be avoided, remedied, or mitigated; and (b) while the activity is being undertaken,— (i) (i) monitors its environmental effects and the effects on marine mam- mals and seabirds (whether itself or by a person on its behalf); and monitors the environmental effects of the activity, (including the effects on fish, marine mammals, and seabirds); and (ii) avoids, remedies, or mitigates those effects as far as is practicable.
Example A person authorised by the Canterbury Regional Council (A) needs to dump sea- bed material that has been dredged from the Kaikōura harbour.
When choosing the area of foreshore or land on which to dump the material, the Council must consider various things, including the sensitivity of the site (for ex- ample, whether it is a culturally significant site), the mechanics of dumping at that site (for example, whether it would be a at that site where the spoil could be unsta- ble or enter any waterway or water body) and whether the material is being dum- ped in the location on a temporary or permanent basis.
While A is dumping the spoil, the Council must monitor, amongst among other things, how it is affecting the site (for example, how much fine material is moving into the surrounding area) and take steps to minimise that effect.
19 Process for consent authority considering resource consent application for deemed controlled activity (1) As soon as practicable after an application for a deemed controlled activity is lodged with a consent authority, it must— (a) advise the persons specified in subsection (2) that an application has been lodged; and (b) invite written comments from those persons.
(1) As soon as practicable after an application for a deemed controlled activity is lodged with a consent authority, the consent authority— (a) must advise the persons specified in subsection (2) that an application has been lodged; and (b) must invite written comments from those persons; and (c) may, if the consent authority considers it appropriate, hold a meeting to allow those persons to orally present their comments.
(2) The persons are— 212—1/SOP No 253 9 Part 2 cl 19 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments to (a) (b) (c) Te Rūnanga o Ngāi Tahu and any relevant Papatipu Rūnanga identified by Te Rūnanga o Ngāi Tahu; and the Kaikoura District Council; and Te Korowai o Te Tai o Marokura, Kaikoura Coastal Marine Guardians Incorporated; and (d) Maritime New Zealand; and (e) (f) (g) (h) (i) (j) (k) (l) the Minister of Conservation; and the Minister for the Environment; and the Minister of Defence; and the Minister for Primary Industries; and the Canterbury Regional Harbourmaster; and the Canterbury Regional Council; and the owners and occupiers of land directly adjacent to where the activity is being undertaken; and any other person as the consent authority considers appropriate, includ- ing the public generally.
(3) For the purposes of subsection (1)(b) subsection (1), the consent authority must— (a) (b) (c) (d) invite each person referred to in subsection (2) to make written com- ments on the application; and give those persons 10 working days from the making of an invitation within which to make their comments to the consent authority; and specify in the invitation the date by which written comments are to be received by the consent authority.
; and if applicable, specify the date on which the consent authority will hold a meeting to hear the comments.

(4) An invitation under this section is to be treated as a document to be served for the purposes of the RMA, and section 352 of that Act applies accordingly.
(5) A person invited to make written comments under this section on an applica- tion— (a) may not appeal under the RMA against the consent authority’s decision on the application; and (b) may not object under Part 14 of the RMA against the consent authority’s decision on the application.

To avoid doubt, a person who makes written comments to a consent authority under this section is not to be treated under the RMA as a person making a sub- mission on the application.
212—1/SOP No 253 (6) 10 Proposed amendments to Hurunui/Kaikōura Earthquakes Emergency Relief Bill Part 2 cl 22 20 Application of RMA to resource consent application for deemed controlled activity For the purposes of this subpart,— (a) (b) (c) an application for a deemed controlled activity must not be publicly noti- fied or given limited notification; and section 19 applies to the application instead of sections 95 to 99A of the RMA; but otherwise the application must be determined in accordance with Part 6 of the RMA (applied with all necessary modifications) except that— (i) (ii) the consent authority need not have regard to the matters in sec- tion 104(1)(b) of the RMA when considering the application; and for the purposes of section 115 of the RMA, the period during which comments are sought under section 19 of this Act is ex- cluded from the time limits in section 115.
21 (1) Summary of responses Before a consent authority makes a decision on an application for a deemed controlled activity, a summary of the written comments made on the applica- tion under section 19 must be prepared and considered by the consent author- ity.
(1) Before a consent authority makes a decision on an application for a deemed controlled activity, the consent authority must— (a) (b) consider the comments made on the application under section 19; and prepare a summary of the comments (both written and oral, if applic- able).
(2) The summary, together with the consent authority’s response to the issues raised in the written comments, must be made publicly available on an Internet site at the same time as, or before, the decision on the application is notified under the RMA.
22 Enforcement proceedings For the purposes of activities undertaken in reliance on this subpart, only a con- sent authority or a Minister of the Crown may take enforcement proceedings (including declaratory proceedings) under Part 12 of the RMA, including in any case where it is alleged that a consent holder has breached section 16 or 17 of the RMA.
212—1/SOP No 253 11 Part 3 cl 23 Hurunui/Kaikōura Earthquakes Emergency Relief Bill Proposed amendments to Part 3 Miscellaneous provisions 23 (1) (2) Order in Council may specify additional local authorities The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more additional local authorities for the purposes of the definition of local authority in section 3(1) or the application provision in section 9(1) (or both).
The Minister may make a recommendation only if he or she is satisfied that— (a) (b) an earthquake has occurred in, or significantly affected, the earthquake- affected area after this Act is enacted; and the district or region, or any part of the district or region, of the local au- thority is affected by the earthquake to the extent that it is necessary or desirable to apply the measures available under this Act to that area.
24 Application of Legislation Act 2012 (1) An Order in Council made under section 23 is a disallowable instrument for the purposes of the Legislation Act 2012.

(2) An Order in Council made under section 23 is also a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

25 Repeal of this Act This Act is repealed on 1 April 2018, with the exception set out in section 14(1) section 14.
Wellington, New Zealand: Published under the authority of the House of Representatives—2016 12 212—1/SOP No 253