Benson-Pope David: Resource Management and Electricity Legislation Amendment Bill — Second Reading Instruction to Committee In Committee 
Benson-Pope David: Resource Management and Electricity Legislation Amendment Bill — Second Reading Instruction to Committee In Committee 
[Volume:627;Page:22306] 
Hon DAVID BENSON-POPE (Associate Minister for the Environment) 
: 
 I would like to take the opportunity to give some more background to Supplementary Order Paper 389. Those members who were in the House at the time of my second reading speech will already be aware of this but I will repeat at a little greater length. First of all most of these issues are technical but as has been identified there are also some policy issues. 
In terms of the recognition of existing investment the Government has made a change to section 104 of the principal Act to be inserted by a proposed new clause 43A that requires consent authorities to have regard to the value of existing investment when considering applications for a new consent to replace an existing consent on expiry. 
In respect of the iwi register the reason for the change from the recommendations of the Local Government and Environment Committee was so that although that consultation can still take place councils are not required to resource it at the hapu level. Section 36B proposed in clause 15 is amended to allow for joint management agreements between local authorities and public authorities iwi authorities and groups that are recognised. A proposed new clause allows for the incorporation of external material into national policy statements and the New Zealand coastal policy statement by reference. 
In terms of the relationship between standards and designations we are recommending in the Supplementary Order Paper an amendment to clause 21 to require that where a designation to which a national environmental standard otherwise applies is created over existing works those works shall not have to comply with the national environmental standard at that point. As was mentioned by the member Jeanette Fitzsimons there is also an amendment to clause 5 to include under the definition “infrastructure” infrastructure associated with electricity generation. In respect of the new ministerial powers for intervention in relation to the coastal marine areas this was a compromise position negotiated between the Department of Conservation and the Ministry for the Environment in terms of the respective roles of the Ministers and the statutes under which they operate. 
The two other matters relate to aquaculture law reform. There is an important clause to amend section 165Z of the Resource Management Act to rectify an issue that came out of the Aquaculture Reform Bill to clarify that regional councils must identify excluded areas prior to inviting proposals for private plan changes. 
Hon Dr Nick Smith 
: So you screwed up last time. 
Hon DAVID BENSON-POPE 
: In response to the foolish interjection from Dr Smith no the Government did not screw up; neither did officials. But we have listened to communities and to local government unlike that member— 
Hon Dr Nick Smith 
: Oh yeah! Tell us what consultation you had. 
Hon DAVID BENSON-POPE 
: If Dr Smith just closes his mouth for a moment and listens I will draw to his attention a comment made by local government—one that we are and should be justifiably proud of. It is that the development of this bill has been “an exemplary collaborative exercise”. Later on in the day I will also refer him to some of the documents I tabled in the House yesterday.