Vote: Resource Management Amendment Bill (No 2) — In Committee 
Vote: Resource Management Amendment Bill (No 2) — In Committee 
[Volume:608;Page:5577] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 9 
Noes 105 
Amendment not agreed to. 
Green Party 9. 
Labour 52; New Zealand National 26; New Zealand First 13; ACT New Zealand 6; United Future 8. 
The question was put that the following amendment in the name of Jeanette Fitzsimons to clause 42 be agreed to: 
to omit this clause. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Dr Nick Smith to insert new clause 42A be agreed to: 
to insert after clause 42 the following new clause: 
42AReferral to Environment Court 
The principal Act is amended by inserting after section 100 the following section: 
100A 
(1)At any time before a consent authority fixes a commencement date for a hearing in respect of an application for a resource consent the applicant may with the agreement of the consent authority refer the application to the Environment Court. 
(2)The Environment Court must hear and determine an application in accordance with the procedures set out in section 150B. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Dr Nick Smith to insert new clause 58A be agreed to: 
to insert after clause 58 the following new clause: 
58ANew sections inserted 
The principal Act is amended by inserting after section 150 the following sections: 
150A Direct application to Environment Court 
(1)Any person may apply directly to the Environment Court for a resource consent. 
(2)On an application being made an Environment Court Judge may direct that an application for a resource consent be heard and determined by the Environment Court. 
(3)When considering whether to make a direction the Environment Court must have regard to whether the application for a resource consent— 
(a)requires a decision to be made without delay; or 
(b)relates to a matter of public importance; or 
(c)involves a complex or controversial issue. 
(4)If an Environment Court Judge declines an application the Judge must direct the local authority to hear and determine the application for the resource consent. 
(5)If an Environment Court Judge grants an application— 
(a)the Judge must notify the following of the direction: 
(i)the applicant for the resource consent; and 
(ii)the local authority: 
(b)the applicant for the resource consent must forward copies of the application to the consent authority which would normally consider the application. 
150B Consideration of application 
(1)On receipt of a notice from the Environment Court under section 150A(5)(a)(ii) the authority must apply with all necessary modifications the provisions of section 92 to 98 to the consideration of the application. 
(2)When the time for submissions has closed the local authority must prepare a report on the application. 
(3)The local authority must as soon as practicable forward its report and any submissions received to the Environment Court. 
(4)The local authority must as soon as practicable forward a copy of its report to the applicant and to any person who made a submission on the application. 
(5)The report must state any conditions which in the opinion of the local authority should be imposed if consent is granted. 
(6)On receipt of the report of the local authority the Environment Court must fix a time and place for the hearing of the application and the provisions of Part VI with all necessary modifications apply to that hearing. 
(7)There is no right of appeal against the Environment Court’s decision under this section except an appeal on a question of law under section 299. 
150C Charges costs and expenses 
(1)The applicant must pay to the local authority any administrative charges imposed under section 36. 
(2)The Environment Court may award costs under section 285 in respect of the application but when considering whether to award costs it must have regard to the fact that the hearing is a hearing of first instance. 
150D Application to requirement for designation 
Sections 100A and 150A to 150C apply with all necessary modifications to a notice of requirement under Part VIII as if that notice of requirement were a resource consent.