Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939259901.pdf (New Zealand)
Reprint as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Local Act 2001 No 3 Date of assent 8 October 2001 Commencement see section 2 Contents Title Commencement Purpose Interpretation Obligations of persons exercising functions and powers under this Act Act to bind the Crown Summit Road Protection Authority Authority deemed to be affected local authority Advisory Committee Amendment to protected land Application for removal of land from protected land Actions on protected land requiring approval Applications to be made to Authority Procedures for hearing of submissions Joint hearings with consent authorities under Resource Management Act 1991 Copy of public notice to be deposited Applications not requiring notification Declaration by Environment Court Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
Page 2 2 2 3 6 6 6 6 7 8 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 Acquisition of land Disposal of land Compensation Withdrawal of restrictions Registration of compensation certificate Rights of appeal Expenses and funding of Authority Estimates and reports Service of notices Restoration of land or structure Enforcement orders Offences Proof of intention and defences Time for filing charging document Penalty for offences Proceedings in respect of offences Relationship with other enactments Repeals Schedule 1 Contributory local bodies Schedule 2 Protected land Schedule 3 Plans of areas described in Schedule 2 Schedule 4 Districts of contributory local bodies subject to levy Schedule 5 Enactment repealed 13 14 14 15 15 15 16 17 17 17 18 18 18 19 19 19 20 20 21 22 28 36 37 Title This Act is the Summit Road (Canterbury) Protection Act 2001.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Purpose The purposes of this Act are as follows: s 1 26 27 28 29 30 31 32 33 34 35 36 1 2 3 2 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 4 (a) (b) (c) to provide for the preservation and protection of the scenic amenity asso- ciated with the Summit Road and other roads, walkways, paths, and pub- lic open spaces within the protected land: to provide for the preservation and protection of natural amenities asso- ciated with land within the protected area: to provide for the improvement of facilities for the public enjoyment of the scenic amenity and the natural amenities.
4 (1) Interpretation In this Act, unless the context otherwise requires,— Authority means the Summit Road Protection Authority continued under sec- tion 7 contributory local bodies means the councils named in Schedule 1 Environment Court means the Environment Court referred to in section 247 of the Resource Management Act 1991 natural means— (a) (b) (c) uncluttered by structures; or uncluttered by obvious human influences; or both natural amenities means those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes path means a walking track or cycle track shown on a management plan ap- proved by the Authority person includes the Crown and a corporation sole; and includes a body of per- sons, whether corporate or unincorporate protected land— (a) means— (i) (ii) the land described in Schedule 2 and shown on the plans set out in Schedule 3, and roads adjoining that land; and the land declared to be protected land in accordance with section 10; but (b) does not include land that ceases to be protected land in accordance with section 11 public open space— (a) means any land that is— (i) privately or publicly owned, occupied, controlled, or administered or vested in the Crown, any local body, unincorporated or incorp- orated society, charitable trust, or trust; and 3 s 4 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 (ii) open to, and being used by, the public (with or without payment of a charge); and (b) includes any public reserve within the meaning of section 2 of the Re- serves Act 1977 to which the public generally has access quarrying— (a) means the excavation and extraction from the ground of any minerals, metals, coal, clay, gravel, sand, limestone, soil, or valuable materials existing on or below the surface of the land; and (b) (c) includes the digging, removal, putting aside, or piling up of any such things and any over-burden or waste material
 preparatory to or to facili- tate any such excavation or extraction; but if the surface of the area affected is restored as nearly as practicable to the state it was in before the excavation was made, does not include— (i) (ii) (iii) (iv) excavation of the ground to a depth of not more than 500 mm; or excavation carried out in the course of, and for the purpose of constructing or maintaining, a road, or a path or walkway, or an access way for domestic or farming purposes, or a firebreak; or excavation carried out in the course of, and for the purposes of, laying, testing, maintaining, or otherwise dealing with fuel, water, sewage, or effluent pipes or for telephone or power cables or sup- ply lines for domestic or farming purposes; or excavation carried out during the course of installation or con- struction of any fence, gate, stile, driveway, track, or cattle stop for the control of movement of stock, produce, or farm machinery; or (v) excavation carried out for any traffic sign or any other sign neces- sary for the administration of a public open space Registrar-General means the Registrar-General of Land road includes an unformed road; but does not include an access way for do- mestic or farming purposes scenic amenity means the extensive views from the Summit Road and other roads, walkways, paths, and public open spaces within the protected land to the prominent land forms of the Port Hills and of Christchurch (Ōtautahi), the Can- terbury Plains, the mountains, the sea, and Lyttelton Harbour (Te Whakaraupo) basin structure— (a) includes— (i) any building or other structure (including a tank or reservoir), for which a building or resource consent is required from a City 4 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 4 Council or District Council for the erection, placement, alteration, reconstruction, repair, or extension of that structure; and any hoarding or other structure used for the display of an adver- tisement; and any
 road; and any pole or mast; but (ii) (iii) (iv) (b) does not include— (i) (ii) (iii) any line or pipe for the supply of fuel or water or for the disposal of sewage or effluent, or any telephone or power cable or supply line, for domestic or farming purposes within the protected area; or any fence, gate, stile, driveway, track, or cattle stop for the control or movement of stock, produce, or farm machinery; or any traffic sign or any other sign necessary for the administration of a public open space subdivision has the same meaning as in section 218 of the Resource Manage- ment Act 1991 territorial authority has the same meaning as in section 2(1) of the Local Government Act 1974 walkway has the same meaning as in section 4 of the Walking Access Act 2008 working day means any day except— (a) (ab) (b) a Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- lowing Monday; and a day commencing with 20 December in any year and ending with 15 January in the following year.
(2) If this Act requires anything to be publicly notified, or refers to public notifica- tion or public notice,— (a) (b) (c) the subject matter must be published twice, with an interval of not less than 6 clear days, in a newspaper circulating throughout the area affected by the subject matter; and if the public notice refers to a proposal under section 10 or section 11, the notice must also be published in the Gazette; and a public notice, in large bold lettering capable of being read at a distance of 5 metres, must also be affixed in a conspicuous place on, or adjacent to, the site to which the proposal or application relates, unless it is im- practical or unreasonable to do so.
5 s 5 (3) (4) Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 If time is to be measured from anything being publicly notified or from any public notification or public notice, it must be measured from the date of the last newspaper publication.
If there is any inconsistency between the description of land contained in Schedule 2 and the plans showing that land held in the office of Land Informa- tion New Zealand at Christchurch, reduced copies of which are set out in Schedule 3, the description in those plans prevails.

Section 4(1) walkway: substituted, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Section 4(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
5 Obligations of persons exercising functions and powers under this Act (1) A person or committee making a recommendation or decision on an applica- tion made under section 10 or section 11 or section 13 (whether initially or on appeal or otherwise) must give effect to the purposes of this Act, but must also have particular regard to— (a) (b) (c) (d) the effect of the application on the maintenance and enhancement of the Summit Road, other roads, walkways, and paths; and the effect of the application on the use of the roads for the public enjoy- ment of the scenic amenity and the natural amenities, and on the safety of road users; and the effect of the application (if any) on farming operations; and the relationship of Māori and their culture and traditions with their an- cestral lands, water, sites, wāhi tapu, and other taonga.
(2) This section is subject to section 11(5).

6 Act to bind the Crown This Act binds the Crown.

Summit Road Protection Authority There continues to be a Summit Road Protection Authority consisting of— (a) (b) (c) 1 member appointed by the Christchurch City Council; and 1 member appointed by the Banks Peninsula District Council; and 1 member appointed by the Selwyn District Council.
The Authority is a joint committee of the councils named in Schedule 1, and must be treated, for the purposes of any enactment or rule of law, as if it were a joint committee appointed by those councils under section 114S of the Local Government Act 1974.
Authority deemed to be affected local authority In relation to the protected land, the Authority is deemed to be— 7 (1) (2) 8 (1) 6 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 9 (a) (b) an affected local authority under clause 3 of Part 1 of Schedule 1 of the Resource Management Act 1991; and an adjacent local authority under clause 5(4)(d) and a constituent terri- torial authority under clause 5(4)(e) of Part 1 of Schedule 1 of the Re- source Management Act 1991.
For the purposes of the Resource Management Act 1991, the Authority must be consulted and notified and may make submissions in respect of any proposal to prepare, change, or review any policy statement or plan referred to in that Act that affects or may affect the protected land.
Advisory Committee The Authority must, for the better administration of the provisions of this Act, appoint an Advisory Committee consisting of— (a) (b) (c) (d) 3 members, each of whom must be appointed on the nomination of a dif- ferent contributory local body; and 2 members appointed on the nomination of persons (other than contribu- tory local bodies, Ministers of the Crown, or groups represented on the Advisory Committee) who own protected land and who are not other- wise represented on the Committee; and 1 member appointed on the nomination of the Minister of Conservation; and 1 member appointed on the nomination of the Summit Road Society In- corporated; and (e) 1 member appointed on the nomination of either— (i) (ii) te Papatipu Rūnanga o Rapaki; or te Rūnanga o Ngāi Tahu; and (f) (g) 1 member who has a knowledge of open space management and park management and who is appointed on the nomination of the contributory local bodies; and 1 member appointed on the nomination of the Canterbury Regional Council (Environment Canterbury).
The Advisory Committee may operate with 5 or more members if those mem- bers include at least 1 representative of 4 of the persons, groups of persons, or bodies entitled to nominate members under subsection (1).

The Authority may delegate to the Advisory Committee the Authority’s powers and duties to hear and decide applications made to the Authority under this Act (other than applications under section 11).
If the Advisory Committee is discharged, or if any member ceases to hold office or is removed from office, before the Advisory Committee has fully per- (2) 9 (1) (2) (3) (4) 7 s 10 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 formed its functions under subsection (3) in respect of an application under this Act,— (a) (b) the Authority may alter or reconstitute the membership of the Advisory Committee, or may reappoint the Advisory Committee; and the Advisory Committee, whether or not it is so altered or reconstituted or reappointed, may continue and complete its hearing of the application and make its decision.
(5) Despite subsection (4), a member of the Advisory Committee who has not had the opportunity of reading or hearing the representations made in respect of an application under this Act, may not take part in making the decision of the Ad- visory Committee.

10 (1) (2) Amendment to protected land The Authority may give public notice of its intention to declare any land de- scribed in the notice to be protected land.
The Authority must not give public notice under subsection (1) without the pri- or written consent of the owner of the land.

(3) A public notice under subsection (1) must provide sufficient information to ad- equately describe the land or site affected by the proposal and must invite any person to make submissions to the authority on the proposal.
(4) In addition to publicly notifying the proposal, the Authority must serve a copy of the public notice on— (a) (b) (c) the owner or occupier of the land; and every territorial authority within whose district any part of the land lies; and any person that the Authority considers has a greater interest in the pro- posal than the public generally.

The closing date for receiving submissions on the application is 20 working days after the date of public notification.
If the Authority decides, after hearing all submissions, to add all or part of the land described in the notice given under subsection (1) to the protected land, it may, by public notice after the time for lodging appeals has expired or all ap- peals have been disposed of, declare all or part of that land to be protected land.
Application for removal of land from protected land The owner of any protected land may apply to the Authority to have the whole or any part of the land removed from the protected land.
(5) (6) 11 (1) (2) An application under this section must be made to the Authority in writing and the Authority may require the applicant to supply such detail or plans as, in the 8 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 12 Authority’s opinion, are necessary for a reasonable understanding of the appli- cation by any person who may wish to make a submission.
(3) The Authority must publicly notify all applications for removal of land from the protected land and must serve copies of the application on the following parties: (a) (b) any territorial authority within whose district the land or part of the land lies: any person whom the Authority considers has a greater interest in the ap- plication than the public generally.

(4) (5) The closing date for receiving submissions on the application is 20 working days after the date of public notification.
The Authority may not remove the land described in the application under sub- section (1) from the protected land unless the Authority is satisfied that the re- moval would not— (a) (b) be inconsistent with the purposes of the Act; or adversely affect— (i) the use of the Summit Road or other roads in the Port Hills for the enjoyment of the scenic amenity or the natural amenities; or (ii) the safety of road users; or (c) adversely affect the maintenance and enhancement of walkways.
(6) If the Authority decides, after considering all submissions, to remove the land described in the application under subsection (1) from the protected land, it may, by public notice after the time for lodging appeals has expired or after all appeals have been disposed of,— (a) (b) declare the land to be removed from Schedule 2; or declare the land to be removed from the protected land (if it is land that has been added under section 10).
(7) A copy of the public notice must be deposited with the Registrar-General in ac- cordance with section 16.

12 Actions on protected land requiring approval (1) A person may not carry out any action to which this section applies on protec- ted land unless that person has the written consent of the Authority.
(2) This section applies to the following activities: (a) (b) the subdivision of land, except a subdivision that alters the boundary be- tween adjacent allotments but does not increase the number of allot- ments or the area of any allotment by more than 50%: the erection, placement, alteration, reconstruction, repair, or extension of any structure, except— 9 s 13 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 (i) (ii) the repair and maintenance of a public work (as defined in section 2 of the Public Works Act 1981); or the erection, placement, alteration, reconstruction, repair, or exten- sion of a structure that is carried out under a designation prepared and approved in accordance with the Resource Management Act 1991, and that is also approved by the Authority: (c) quarrying: (d) moving, removing, or heaping up more than 10 cubic metres of spoil: (e) the planting of— (i) (ii) any tree that is likely to grow to a height greater than 7 metres; or a hedge, forest, or shelter belt.
(3) Subsection (2)(b) and (d) does not apply if the action referred to in those provi- sions is carried out for the purpose of— (a) (b) normal repairs and maintenance to a road (including resealing) that does not involve any realignment of the road, or any extension to the area of the formed surface of the road; or repairs to, or reconstruction of, a road to make it usable after a slip, sub- sidence, or other damage resulting from natural causes.
(4) Subsection (2)(e) does not apply if the planting complies with a management plan for a public open space, prepared and approved in accordance with the Reserves Act 1977, or developed by the body or organisation responsible for the public open space after consultation with the Authority.
(5) A structure that existed at the date of commencement of this Act or that was lawfully constructed after that date may be reconstructed, repaired, added to, or altered, without the consent of the Authority, if the effects of the structure on the scenic amenity or natural amenities after reconstruction, repair, addition, or alteration do not differ substantially from the effects before the reconstruction, repair, addition, or alteration.
(6) A tree, hedge, or shelter belt that existed at the date of commencement of this Act, or that was lawfully planted after that date, may be replaced by replanting, without the consent of the Authority, if the effects of the replanting of the tree, hedge, or shelter belt on the scenic amenity and the natural amenities, when fully grown, will not differ substantially from the effects before the tree, hedge, or shelter belt was removed.
13 Applications to be made to Authority (1) Any person may apply to the Authority, in writing, for consent to carry out any activity specified in section 12(2).
(2) Applications made to the Authority under this section must state— 10 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 14 (a) (b) (c) (d) (e) the full name of the applicant, the owner, and the occupier of the land involved; and the legal description of the land involved, and the nature of the work or activity for which approval is sought, including any plans necessary for proper understanding of the proposal; and include an assessment of the effects of the proposal on the scenic ameni- ty and the natural amenities; and give an address for service; and be signed by or on behalf of the applicant.
(3) (4) The Authority may require the applicant to supply such further details or plans as, in the Authority’s opinion, are necessary for a reasonable understanding of the application.
If the Authority is satisfied that it has received adequate information, the likely effects of the application are more than minor, and the application has not been publicly notified separately by a territorial authority, it must give public notice of the application and ensure that notice of the application is served on the fol- lowing persons: (a) (b) (c) the owner or occupier of any land to which the application relates: the territorial authority within whose district any part of the land lies: any person that the Authority considers has a greater interest in the ap- plication than the public generally.
(5) The public notice must— (a) (b) (c) provide sufficient information to enable persons interested in the appli- cation to understand the general nature of the application; and be given within 10 working days after the date on which the Authority is satisfied, under subsection (4), that it has received adequate information; and invite submissions on the application to be made within 20 working days after the date of the public notice.
14 (1) Procedures for hearing of submissions Submissions made in respect of any proposal under section 10 or section 11, or any application under section 13, must be served on the Authority and state— (a) the name and address of the submitter; and (b) whether the submission is in support of, or in opposition to, the proposal or application; and (c) the reason for making the submission; and (d) whether or not the person making the submission wishes to be heard in respect of that submission.
11 s 15 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 (2) As soon as practicable after lodging a submission with the Authority, the sub- mitter must serve a copy of the submission on the applicant.

(3) (4) (5) The Authority may require the applicant to pay to the Authority a sum not ex- ceeding the actual cost of public notification and may require payment of a de- posit against the cost of the hearing before dealing with the application.
The Authority must consider all submissions received and, if a submitter has given notice that he or she wishes to be heard,— (a) must convene hearings, whether public or otherwise; and (b) must establish a procedure that is fair and appropriate in the circumstan- ces; and (c) may summons witnesses and hear evidence on oath.
If a hearing is convened by the Authority under subsection 4(a), the date set for the commencement of the hearing must not be later than 25 working days after the closing date for submissions referred to in section 13(5)(c) unless the Au- thority is satisfied that it is impracticable to commence the hearing within that period or unless a later date of commencement is required for the purposes of section 15.
(6) Not less than 10 working days’ notice of the hearing must be given to the land- owner, every territorial authority within whose district any part of the land lies, and each submitter who has given an address for service.
(7) After considering the proposal or application and any submissions received, the Authority— (a) must either— (i) (ii) allow the proposal or application, with or without conditions; or disallow the proposal or application in whole or in part; and (b) must, within 15 working days of the hearing, notify its decision and the reasons for its decision to every proposer or applicant, the landowners, all those persons who made written submissions and who supplied an address for service, and every territorial authority in whose district the property is situated.
(8) The proposer or applicant, the landowner, the territorial authority within whose district the land is situated, and any person who made a submission may appeal to the Environment Court against that decision in the manner specified in sec- tion 24.
15 Joint hearings with consent authorities under Resource Management Act 1991 Any hearing under section 14 relating to a proposal in respect of which a re- source consent is also sought under the Resource Management Act 1991 may be held jointly with a hearing held by 1 or more consent authorities under that Act to consider the application for a resource consent.
12 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 19 16 Copy of public notice to be deposited (1) A copy of the public notice of every declaration made by the Authority under section 10(6) or section 11(6), certified as containing a correct copy of the dec- laration, must be sent by the Authority to the Registrar-General.
(2) On receiving a copy of any such notice, the Registrar-General must, without fee,— (a) (b) deposit it in his or her office; and register against the title to all land affected by it a memorial that— (i) the land is subject to restrictions imposed by a declaration (identi- fied by the deposited number, if any) issued under this Act; or 17 (1) (ii) the restrictions no longer apply.
Applications not requiring notification If the effects of an application under section 13 on the amenities are minor, the Authority may decide that the application does not require notification or ap- proval by the Authority.
(2) A decision under subsection (1) that an application does not require notifica- tion or approval by the Authority may be made only— (a) (b) with the unanimous agreement of the members of the Authority; or in a case where the decision is delegated to the Advisory Committee, with the unanimous agreement of the members of the Advisory Commit- tee.
18 Declaration by Environment Court (1) On an originating application made by the Authority, or by any territorial au- thority, or by the owner or occupier of land affected by this Act, or on an appli- cation made in the course of proceedings under this Act, the Environment Court may declare that any actual or proposed action does or does not require consent under section 13.
(2) An originating application must be served on the Authority, the owner or occu- pier of the land (in cases where the owner or occupier is not the applicant), and the territorial authority within whose district any part of the land lies.

(3) An application made in the course of proceedings must be served on all other 19 (1) parties to those proceedings.
Acquisition of land If the Authority considers that any private land or any interest in or over private land or any interest in a Crown lease should be acquired for the purposes of this Act, the Authority may recommend that such interest in the land be ac- quired by the contributory local bodies.
13 s 20 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 (2) All land or interests in land acquired on the recommendation of the Authority by way of purchase or gift may be held jointly by the contributory local bodies for the purposes of this Act.

(3) All interests in land acquired by way of lease under this section may be held jointly by the contributory local bodies and, during the term of the lease, are subject to this Act.
(4) Despite the requirements of section 12(2)(a), the owner of any allotment which lies partly within the protected land may subdivide that allotment for the pur- pose of transferring to the contributory local bodies that part of the allotment which lies within the protected land.

(5) (6) 20 (1) This section does not confer on the Authority a power to take land compulsori- ly.
Land acquired for the purposes of this Act by the contributory local bodies is not a reserve for the purposes of the Reserves Act 1977.

Disposal of land If any land or interest in land held by a contributory local body for the purposes of this Act is no longer required for the purposes of this Act, the contributory local body may, subject to the provisions of any other enactment affecting the disposal of the land or interest, sell or otherwise dispose of the land or interest.
(2) No land or interest referred to in subsection (1) may be sold or disposed of without the prior written approval of the Authority.

21 (1) Compensation Every person having any estate or interest in any land, building, or other im- provements detrimentally affected by any decision of the Authority given under section 14 may, subject to the provisions of this section, make a claim for compensation from the Authority for loss sustained by that person.
(2) A claim for compensation under this section must be made and determined in accordance with the provisions of the Public Works Act 1981.
(3) In determining any claim for compensation under this section, the Authority or, on application under section 79 of the Public Works Act 1981, the Land Valu- ation Tribunal must have regard to— (a) section 3; and (b) whether or not, and the extent to which, any decision by the Authority renders any land incapable of reasonable use, and places an unfair and unreasonable burden on any person having an interest in the land.
In subsection (3), reasonable use, in relation to any land, includes the use or potential use of the land for any activity if the actual or potential effects of that activity in terms of section 3 would not be significant.
(4) 14 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 24 (5) If a person is entitled to claim compensation in respect of any matter or thing under this Act and also under any other enactment, that person is not entitled to receive— (a) (b) compensation under this Act if compensation has been awarded under that other enactment; or greater compensation under this Act than that person would be entitled to under that other enactment.
22 Withdrawal of restrictions (1) (2) The Authority may, at any time within 1 month after the date of an award of compensation under this Act, give notice to the claimant of its intention to withdraw or modify all or any of the provisions of the decision or conditions that gave rise to the claim for compensation.
If notice is given under subsection (1), the Authority must, within 3 months from the date of the notice, withdraw or modify the decision or conditions and, on payment by the Authority of the claimant’s costs awarded by the Land Valu- ation Tribunal, the award is discharged.

(3) A discharge under subsection (2) does not preclude the claimant from making a further claim for compensation under this Act in respect of the decision or con- ditions as modified.
(4) If notice has been given under subsection (1), no award of compensation under this Act is enforceable until after— (a) (b) the expiration of 3 months from the giving of the notice; or the time for objection or appeal has expired and all objections and ap- peals have been determined (in any case where the Authority has public- ly notified a proposal to make a declaration excluding from protected land any part of the land in respect of which compensation has been awarded).
23 (1) (2) Registration of compensation certificate If, under this Act or any other enactment, the Authority has entered into an agreement for the payment of compensation for damaging or detrimentally af- fecting any interest in land, or for the temporary occupation of any land, or for any condition or restriction to be applied in respect of the land, the Authority may lodge with the Registrar-General a certificate to that effect.
The Registrar-General must, without fee, deposit a certificate under subsection (1) in his or her office and must register against the title to the land affected a memorial referring to the certificate.
24 Rights of appeal (1) Any person who is directly affected by any decision, condition, or review of any decision made or imposed by the Authority under any of sections 10, 12, 15 s 25 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 13, 14, and 22 may appeal against that decision, condition, or review to the En- vironment Court.
(2) A notice of appeal must— (a) (b) (c) state the reasons for the appeal and the relief sought; and state any matters that regulations made under the Resource Management Act 1991 require to be stated in the case of an appeal under section 120 of that Act; and be lodged with the Environment Court within 15 working days of notifi- cation of any decision of the Authority (including any condition or re- view of any decision made or imposed by the Authority) to which sub- section (1) relates.
(3) (4) For the purposes of subsection (2)(c), a decision is notified on the date on which written notification would have been delivered in the ordinary course of post.

The appellant must ensure that a copy of the notice of appeal is served on the applicant or owner concerned (if that person is not the appellant) within 5 working days after the notice has been lodged with the Environment Court.
(5) Without limiting the powers of the Environment Court under the Resource Management Act 1991, in considering an appeal under this section, the Envir- onment Court may confirm or reverse a decision appealed against or modify a decision in such manner as the court thinks fit.

(6) Subject to subsections (2) to (4), every appeal must be made, heard, and deter- mined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and regulations made under that Act.
25 Expenses and funding of Authority (1) All expenses and liabilities, including compensation awards incurred by the Authority under this Act but excluding payments received by the Authority under section 14(3), must be apportioned between the contributory local bod- ies.
(2) The apportionment required by subsection (1) must be undertaken in accord- ance with the adjusted rateable capital values, as ascertained under the provi- sions of the Rating Powers Act 1988, of so much of the district of each con- tributory local body as is specified in Schedule 4.

(3) The amount to be paid at any time by a contributory local body in accordance with the apportionment is recoverable as a debt due to the Authority.
(4) A contributory local body is not required, in any one year, to contribute to the expenditure of the Authority relating to the operation of this Act, a sum ex- ceeding the amount of 1/4000 of a cent for every dollar of capital value of all rateable property within that part of its district specified in Schedule 4.
16 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 28 (5) Despite subsection (4), a contributory local body may be required to contribute to the expenditure of the Authority a sum exceeding the maximum amount due under subsection (4), if the contributory local body gives prior consent to the Authority in that year to the provision of a greater contribution.
26 Estimates and reports As soon as practicable after this Act comes into force and not later than 31 March in each subsequent year, the Authority must, in respect of the adminis- tration of the provisions of this Act,— (a) (b) prepare and send to each of the contributory local bodies estimates of ex- penditure for the period of 12 months from 1 July in each year to 30 June in each succeeding year; and prepare a report on the Authority’s activities for the preceding year and send that report to the contributory local bodies.
27 Service of notices A notice must be served in accordance with sections 352 and 353 of the Re- source Management Act 1991 as if it were a notice under that Act.
28 (1) Restoration of land or structure The Authority may serve on any person who has carried out, or is carrying out, any action contrary to section 12, or on the owner or occupier of the land, a notice requiring the person served, within such reasonable time as is specified in the notice, to restore the land or the structure affected by the action as nearly as may be to its previous condition.
(2) Every notice served under subsection (1) must state— (a) (b) (c) (d) (e) (f) (g) the name of the person to whom it is addressed; and the reasons for the notice; and the action required to be taken, ceased, or not undertaken; and the period within which the action must be taken or ceased, which must not be less than 7 days from the day on which the notice is served; and the consequences of not complying with the notice or lodging a notice of appeal; and the rights of appeal under section 24 and the last day on which a notice of appeal can be lodged; and the rights of the Authority on failure of the recipient to comply with the notice within the time specified in the notice; and (h) the name and address of the Authority.
(3) Subject to the rights of appeal in section 24, a person on whom a notice has been served must— (a) comply with the notice within the period specified in the notice; and 17 s 29 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 29 (1) (2) (3) (b) unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.
Enforcement orders If the person served with a notice under section 28(1) fails to comply with the notice within the time specified, then the Authority, in addition to any other ac- tion taken, may at any time after the expiry of the time specified in the notice— (a) apply to the Environment Court for an enforcement order under section 314 of the Resource Management Act 1991, as if the notice under sub- section (1) were an abatement notice within the meaning of section 322 of the Resource Management Act 1991; and (b) take action as it sees fit to restore the land or structure.
The provisions of section 315 of the Resource Management Act 1991 apply in respect of any enforcement order made on an application under subsection (1).
If a person continues to act in breach of section 12 or commits a continuing offence against this Act, then, despite any other enactment, the Environment Court may, on application by the Authority, grant an enforcement order under section 314 of the Resource Management Act 1991, as if that continuing breach or continuing offence contravenes, or is likely to contravene, the Re- source Management Act 1991.
(4) An enforcement order may be granted under subsection (2) or subsection (3) whether or not the person against whom the enforcement order is sought has been charged with or convicted of an offence against this Act.

30 (1) (2) (3) 31 (1) Offences Every person commits an offence against this Act who fails to comply with a notice served under section 28(1) within the time specified in the notice.
Every person who fails to restore the land or structure as required after expiry of the time specified in a notice served under section 28(1) commits a continu- ing offence against this Act.

The continued existence of any work or thing in a state, or the intermittent rep- etition of any action, contrary to any provision of this Act, is a continuing of- fence for the purposes of this section.
Proof of intention and defences In any prosecution for an offence against this Act it is not necessary to prove that the defendant intended to commit the offence.
(2) It is a defence to a prosecution under this Act if the defendant proves— (a) that— (i) the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or prevent- 18 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 s 34 ing serious damage to property, or avoiding an actual or likely ad- verse effect on the environment; and the conduct of the defendant was reasonable in the circumstances; and the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or (ii) (iii) (b) that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case— (i) (ii) the action or event could not reasonably have been foreseen or prevented by the defendant; and the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
(3) Except with the leave of the court, subsection (2) does not apply unless, within 14 days of the date on which the hearing of the proceedings commences, or within any further time that the court may allow, the defendant delivers to the Authority a written notice— (a) (b) stating that he or she intends to rely on subsection (2); and specifying the facts that support his or her reliance on subsection (2).
32 Time for filing charging document Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 6 months after the date on which the offence first came to the notice of the Authority.

Section 32: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
33 Penalty for offences Every person who commits an offence under this Act is liable to a fine not ex- ceeding $20,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence con- tinues.

34 Proceedings in respect of offences (1) A charging document for an offence against this Act may be filed in the name of— (a) (b) the principal administrative officer of the Authority; or a person appointed in writing by the Authority.
(2) An appointment under subsection (1) may be for the purpose of filing a charg- ing document in respect of a particular offence or may be a general appoint- 19 s 35 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 ment authorising the person to file charging documents in respect of all offences against this Act.

(3) An officer or servant of the Authority may appear and conduct the prosecution in all proceedings for offences against this Act.
Section 34(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 34(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 34(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
35 Relationship with other enactments Nothing in this Act affects the Building Act 2004, Te Runanga o Ngai Tahu Act 1996, the Ngai Tahu Claims Settlement Act 1998, Te Ture Whenua Maori Act 1993, or any regulations made under those Acts.

Section 35: amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

36 Repeals The enactments specified in Schedule 5 are repealed.
20 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 1 Schedule 1 Contributory local bodies s 4(1) Christchurch City Council Banks Peninsula District Council Selwyn District Council 21 Schedule 2 Summit Road (Canterbury) Protection Act 2001 Schedule 2 Protected land Schedule of areas Reprinted as at 1 January 2014 s 4(1) Shown Description Title reference Area The following parcels of land shown on SO Plan 20055 in the Canterbury Land District: AA AB AC AD AE AF AI AO AP AQ AR AT Part Lot 8 DP6355 Part Lot 8 DP6355 Part Rural Section 12764 Part Rural Section 12501 Part Rural Section 10164 Part Rural Section 12500 Part Rural Section 5788 Part Rural Section 4194 Closed Road Part Lot 8 DP6355 Part Lot 3 DP78999 Part Lot 7 DP6355 Part Lot 3 DP3320 Part Lot 3 DP3320 Reserve 5005 Part Rural Section 1182 Reserve 5004 38D/1048 38D/1048 373/25 limited as to parcels 17.9450 ha 13.8540 ha 12.7620 ha Gazette 1931 p 2209 5185 m2 38D/1048 45B/873 45B/873 A1/558 A1/558 290/270 440/136 290/270 4.5810 ha 12.8450 ha 28.0400 ha 3.8300 ha 5.1900 ha 6.7784 ha 7710 m2 4.1986 ha The following parcels of land shown on SO Plan 20056 in the Canterbury Land District: Part Lot 5 DP70453 Reserve 3920 Part Rural Section 21719 Part Rural Section 34958 Reserve 3950 Lot 8 DP3125 Part Rural Section 22306 Part Rural Section 20961 40D/1032 659/44 32B/808 8.2700 ha 14.8721 ha 1.6960 ha Gazette 1914 p 2847 1.2039 ha 535/56 32A/848 10.9341 ha 8850 m2 Part Rural Section 35510 23B/333 1.5380 ha BB BC BD BF BG BH BI 22 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 2 Shown Description Title reference Area BJ BK BL BM BN BO BP BQ BR BS BT BU BV Part Lot 1 DP70111 Part Rural Section 34229 Part Lot 1 DP8199 Part Rural Section 35510 Parts Rural Section 35511 Part Lot 4 DP3125 Part Rural Section 35511 Reserve 3921 Reserve 3922 Part Lot 1 DP70111 Part Rural Section 35511 Part Lot 5 DP79401 Part Reserve 3923 40A/637 32A/848 387/255 23B/333 535/56 23B/333 10.3250 ha 210 m2 1.1930 ha 3.4850
 ha 4.0240 ha 1.2800 ha Gazette 1914 p 3235 2.8125 ha Gazette 1951 p 934 4755 m2 40A/637 33A/521 45C/527 3.2930 ha 1070 m2 1.0300 ha Gazette 1941 p 3193 3.2580 ha Part Rural Section 565 23B/331 1.9270 ha The following parcels of land shown on SO plan 20057 in the Canterbury Land District: CA CB CC CD CE CF CG CH CI CJ CK CL CM CN CO CP CQ CR Part Reserve 4773 Reserve 4774 Part Reserve 3735A Reserve 4775 Part Lot 5 DP53086 Part Reserve 3735A Part Reserve 3735 Part Reserve 3735A Part Reserve 3735 Part Reserve 3735A Part Reserve 4069 Crown Land Part Reserve 4069 Reserve 3956 Part Lot 2 DP2905 Part Lot 2 DP2905 Rural Section 42340 Part Lot 4 DP53086 Gazette 1954 p 1956 1.0500 ha Gazette 1954 p 1957 1285 m2 Gazette 1954 p 733 3.9050 ha Gazette 1954 p 1957 8645 m2 45A/643 1560 m2 Gazette 1908 p 733 3.9800 ha Gazette 1906 p 2504 1.6100 ha Gazette 1908 p 733 1.8050 ha Gazette 1906 p 2504 1070 m2 Gazette 1908 p 733 1760 m2 Gazette 1941 p 3193 1.9830 ha Gazette 1989 p 3100 880 m2 Gazette 1941 p 3193 2.5350 ha 288/137 24B/988 24B/988 11.6068 ha 1.0260 ha 22.1870 ha Gazette 1912 p 3352 1.6600 ha 45A/643 1.6100 ha 23 Schedule 2 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 Shown Description Title reference Area CS CT CU CV CW CX CY CZ DA DB DC DD DE DF Part Lot 3 DP2905 Part Lot 3 DP2905 Gazette 1982 p 2156 1.3911 ha Gazette 1982 p 2156 1720 m2 Rural Section 42339 Gazette 1912 p 3352 15.0720 ha Part Lot 4 DP18411 Part Lot 3 DP18411 Part Lot 2 DP18411 Part Lot 1 DP18411 Part Lot 1 DP12886 Part Lot 3 DP34290 Part Lot 1 DP16075 Lot 1 DP11163 Part Lot 2 DP34290 Reserve 3900 9K/528 9K/527 9K/526 9K/525 493/86 31A/689 13A/691 453/41 14F/403 3757 m2 3762 m2 2345 m2 3974 m2 2239 m2 6.3320 ha 15.0370 ha 655 m2 3.1200 ha Gazette 1990 p 3358 3.4170 ha Part Lot 4 DP34291 14F/405 650 m2 The following parcels of land shown on SO plan 20058 in the Canterbury Land District: Part Lot 1 DP11796 Lot 2 DP11796 Part Lot 1 DP11796 Part Lot 1 DP11796 Rural Section 37957
 Part Lot 1 DP26504 Part Lot 2 DP26504 Part Lot 3 DP26504 Part Lot 2 DP42834 Part Lot 5 DP26504 Part Lot 6 DP26504 Part Lot 7 DP26504 Part Lot 3 DP42834 592/31 592/31 33A/1045 592/31 2.4187 ha 7.0137 ha 8898 m2 5.0786 ha Gazette 1952 p 1734 8400 m2 8F/544 8F/545 8F/546 21K/1266 8F/548 8F/549 8F/550 25A/152 1.4610 ha 7520 m2 6675 m2 7595 m2 9640 m2 1.2580 ha 1.0890 ha 2.1417 ha Part Rural Section 41112 Gazette 1982 p 3397 15.4900 ha Rural Section 41115 Rural Section 41114 Rural Section 41113 Gazette 1982 p 3397 3956 m2 Gazette 1982 p 3397 5.0053 ha Gazette 1982 p 3397 11.1782 ha Part Rural Section 11170 Gazette 1984 p 14 1.6820 ha EA EB EC ED EE EF EG EH EI EJ EK EL EM EN EO EP EQ ER 24 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 2 Shown Description Title reference Area ES ET EU EV EW EX EY EZ FA FB FC FD FE FF FG FH FI FJ Part Reserve 4259 Part Reserve 4259 Part Lot 3 DP42834 Reserve 4170 Gazette 1930 p 3128 7.1629 ha Gazette 1930 p 3128 4.6412 ha 25A/152 Gazette 1927 p 2 1050 m2 2.8151 ha 7.2420 ha Part Lot 3 DP42834 25A/152 Part Reserve 4259, Part Reserve 4170 Part Rapaki Maori Reserve 875 1B1 Lot 1 DP78960 Part Rapaki Maori Reserve 875 1C Gazette 1990 p 2079 24.8800 ha 45B/793 45B/793 405/114 1850 m2 3210 m2 950 m2 Reserve 4478 Gazette 1990 p 2078 4.8360 ha Part Lot 1 DP28705 Gazette 1989 p 2926 13.0350 ha Part Rapaki Maori Reserve 875 1C Part Rapaki Maori Reserve 875 1A2B 405/114 544/102 9980 m2 4.7850 ha Reserve 4477 Part Lot 2 DP28705 Part Lot 1 DP2855 Part Lot 1 DP2907 Part Rapaki Maori Reserve 875 1A2B Gazette 1990 p 2078 2.9491 ha Gazette 1989 p 2926 2.9410 ha 30F/894 30F/894 544/102 20.0500 ha 27.4900 ha 3.6250 ha The following parcels of land shown on SO plan 20059 in the Canterbury Land District: GA GB GC GD GE GF GG GH GI Reserve 3814 Part Lot 1 DP2983 Part Lot 2 DP2907 Part Lot 1 DP2983 Part Lot 2 DP2983 Part Lot 1 DP68647 Reserve 3815 Part Lot 3 DP2907 Part Lot 2 DP2983 Part Lot 3 DP2983 37C/1206 18A/1439
 40A/601 18A/1439 40A/601 37C/1206 5.3848 ha 3300 m2 13.0960 ha 8.5000 ha 3.4810 ha 5.3544 ha Gazette 1997 p 947 10.7300 ha 18A/1439 24A/40 1.1170 ha 3.9000 ha 25 Schedule 2 Summit Road (Canterbury) Protection Act 2001 Shown Description Title reference Part Rural Section 23561 106/138 Reprinted as at 1 January 2014 Area 33 m2 GJ GK GL GM GN GO GP GQ GR GS GT GU GV Reserve 4476 Part Lot 2 DP72702 Part Lot 2 DP82547 Part Lot 2 DP57455 Part Lot 2 DP62065 Tunnel Reserve Part Lot 2 DP82547 Part Lot 2 DP57455 Lot 3 DP61966 Lot 1 DP61966 Part Reserve 101 Part Reserve 101 Gazette 1980 p 2566 172 m2 44C/1181 47D/58 35C/1196 38D/627 - 47D/58 35C/1196 37C/1205 37C/1204 1420 m2 2.0380 ha 2.3100 ha 1125 m2 2500 m2 5.4800 ha 3.1000 ha 7.3802 ha 1177 m2 Gazette 1986 p 2401 1295 m2 Gazette 1986 p 2401 1.1800 ha The following parcels of land shown on SO plan 20060 in the Canterbury Land District: Part Reserve 101 Part Lot 1 DP11832 Part Lot 1 DP11832 Part Reserve 3817 Part Lot 3 DP62292 Lot 4 DP11832 Lot 2 DP6336 Lot 3 DP6336 Lot 4 DP6336 Lot 1 DP4434 Lot 2 DP4434 Lot 3 DP4434 Lot 4 DP4434 Lot 1 DP6312 Lot 2 DP6312 Lot 3 DP6312 Part Lot 1 DP6898 Part Lot 2 DP11832 Part Lot 2 DP11832 HA HB HC HD HE HF HG HH HI HJ HK HL HM HN HO HP 26 Gazette 1986 p 2401 1900 m2 481/101 9.2217 ha Gazette 1945 p 1555 3166 m2 Gazette 1984 p 5671 5.2660 ha 43B/35 481/101 452/71 403/201 365/6 28A/1132 28A/1109 28A/1133 342/231 355/180 478/137 10.5600 ha 2364 m2 2342 m2 2180 m2 2638 m2 5232 m2 3826 m2 2663 m2 7208 m2 885 m2 4.5977 ha Gazette 1964 p 1117 8.3859 ha Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 2 Shown Description Title reference Area Part Lot 1 DP4018 Part Rural Section 500 Part Rural Section 34917 Part Lot 1 DP11832 Part Reserve 3817 Part Lot 3 DP11832 Part Lot 1 DP4018 Part Lot 1 DP4018 Reserve 3818 Part Lot 1 DP10532 Gazette 1964 p 1117 5205 m2 Gazette 1984 p 5671 2175 m2 478/137 6B/860 6B/860 37C/1206 507/256 3.4100 ha 27.7400 ha 77.5000 ha 1.1002
 ha 6.9430 ha Part Rural Section 500 Gazette 1994 p 2481 4.4700 ha Part Rural Section 500X Part Lot 1 DP4462 Part Lot 1 DP4462 Part Reserve 276 23K/704 23K/704 2.1500 ha 18.9600 ha Gazette 1979 p 3843 1.9400 ha HQ HR HS HT HU HV HW HX HY HZ IA The following parcels of land shown on SO Plan 20209 in the Canterbury Land District: A B Part Lot 7 DP81401 Part Lot 8 DP81401 47A/1278 47A/1279 11.6700 ha 5.1800 ha The following parcels of land shown on SO Plan 20210 in the Canterbury Land District: C Part Lot 3 DP81448 46C/452 11.0860 ha Part Lot 1 DP76974 27 Schedule 3 Summit Road (Canterbury) Protection Act 2001 Schedule 3 Plans of areas described in Schedule 2 Plan 1 (SO 20055) Reprinted as at 1 January 2014 s 4(1) 28 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 3 Plan 2 (SO 20056) 29 Schedule 3 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 Plan 3 (SO 20057) 30 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 3 Plan 4 (SO 20058) 31 Schedule 3 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 Plan 5 (SO 20059) 32 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 3 Plan 6 (SO 20060) 33 Schedule 3 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 Plan 7 (SO 20209) 34 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 3 Plan 8 (SO 20210) 35 Schedule 4 Summit Road (Canterbury) Protection Act 2001 Reprinted as at 1 January 2014 Schedule 4 Districts of contributory local bodies subject to levy s 25 The whole of the City of Christchurch The whole of the District of Banks Peninsula The whole of the District of Selwyn 36 Reprinted as at 1 January 2014 Summit Road (Canterbury) Protection Act 2001 Schedule 5 Schedule 5 Enactment repealed s 36 Summit Road (Canterbury) Protection Act 1963 (1963 No 16) 37 Notes Summit Road (Canterbury) Protection Act 2001
 Reprinted as at 1 January 2014 Reprints notes 1 General This is a reprint of the Summit Road (Canterbury) Protection Act 2001 that in- corporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8 Criminal Procedure Act 2011 (2011 No 81): section 413 Walking Access Act 2008 (2008 No 101): section 82 Building Act 2004 (2004 No 72): section 414 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 38