Resource Management (Foreshore and Seabed) Amendment Act 2004

1: Title
1: This Act is the Resource Management (Foreshore and Seabed) Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
2: Commencement
1: This section and sections 3 13 27 28 33 34 35 42 43
2: The rest of this Act comes into force on 17 January 2005.
3: Interpretation
1: Section 2(1) access rights section 5 of the Foreshore and Seabed Act 2004 adverse effects assessment
a: by the Minister of Conservation under Part 1 of Schedule 12
b: by a regional council under section 17B(1)(a) Part 2 of Schedule 12 adverse effects report
a: by the Minister of Conservation in accordance with Part 1 of Schedule 12
b: by a regional council under section 17B(1)(b) Part 2 of Schedule 12 board section 5 of the Foreshore and Seabed Act 2004 customary rights order section 5 of the Foreshore and Seabed Act 2004 foreshore and seabed reserve section 5 of the Foreshore and Seabed Act 2004 holder section 5 of the Foreshore and Seabed Act 2004 management plan section 5 of the Foreshore and Seabed Act 2004 public foreshore and seabed section 5 of the Foreshore and Seabed Act 2004 recognised customary activity .
2: Section 2(1) regional council regional council
a: has the same meaning as in section 5 of the Local Government Act 2002
b: includes a unitary authority within the meaning of that Act .
4: Matters of national importance
Section 6 paragraph (f)
g: the protection of recognised customary activities.
5: New heading and
sections 17A 17B The principal Act is amended by inserting, after section 17 Recognised customary activities
17A: Recognised customary activity may be exercised in accordance with any controls
1: A recognised customary activity may be carried out despite—
a: sections 9 to 17
b: a rule in a plan or a proposed plan.
2: Subsection (1)
a: in accordance with any controls imposed by the Minister of Conservation under Schedule 12
b: by any member of the whanau, hapu, or iwi or of the group, as the case may be, entitled to do so under section 52 or section 76 of the Foreshore and Seabed Act 2004
c: by a person authorised by the holder of the customary rights order to carry out the activity under section 53(1)(a) or section 77(1)(a) of the Foreshore and Seabed Act 2004
17B: Adverse effects assessment
1: For the purposes of any controls that may be imposed on a recognised customary activity under Part 1 of Schedule 12 clause 6(2) of Schedule 12
a: carry out an adverse effects assessment of the effects on the environment of a recognised customary activity in its region; and
b: complete, and give to the Minister an adverse effects report based on that assessment.
2: Part 2 of Schedule 12
3: In this section, regional council
6: Functions of Minister of Conservation
Section 28
e: carrying out his or her functions under Schedule 12
7: Information to be supplied to Minister of Conservation
Section 28A(b) ; or paragraph (b)
c: the exercise of a recognised customary activity in its region— .
8: Delegation of functions by Ministers
Section 29(1) paragraph (g)
ga: making a decision on any controls to be imposed under Schedule 12 .
9: Transfer of powers
Section 33(2) iwi authority, board of a foreshore and seabed reserve,
10: Duty to gather information, monitor, and keep records
1: Section 35(2)(d) ; and paragraph (d)
e: in the case of a regional council, the exercise of a recognised customary activity in its region, including any controls imposed under Schedule 12 .
2: Section 35(5) paragraph (ja)
jb: in the case of a regional council, records of every customary rights order relating to its region; and .
3: Section 35
6: In subsections (2)(e) and (5)(jb) regional council
11: Persons to have powers of consent authority for purposes of
sections 37 37A Section 37B
d: the Minister of Conservation, for all matters while carrying out his or her functions under Schedule 12
12: Authorisation and responsibilities of enforcement officers
1: Section 38(3) either or both 1 or more
2: Section 38(3)
c: compliance with controls imposed under Schedule 12
13: Contents of New Zealand coastal policy statements
Section 58 paragraph (g)
ga: national priorities for maintaining and enhancing public access to and along the coastal marine area:
gb: the protection of recognised customary activities: .
14: Matters to be considered by regional council
Section 61 subsection (2A)
2A: A regional council, when preparing or changing a regional policy statement, must—
a: take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on resource management issues of the region; and
b: recognise and provide for the management plan for a foreshore and seabed reserve located in whole or in part within its region, once the management plan has been lodged with the council.
15: Contents of regional policy statements
The principal Act is amended by repealing section 62(1)(b)
b: the resource management issues of significance to—
i: iwi authorities in the region; and
ii: the board of a foreshore and seabed reserve, to the extent that those issues relate to that reserve; and .
16: Imposition of coastal occupation charges
Section 64A subsection (4)
4A: A coastal occupation charge must not be imposed on any person occupying the coastal marine area if the person is carrying out a recognised customary activity in accordance with section 17A(2)
17: Matters to be considered by regional council
Section 66 subsection (2A)
2A: A regional council, when preparing or changing a regional plan, must—
a: take into account any relevant planning document recognised by an iwi authority and lodged with the council, to the extent that its content has a bearing on resource management issues of the region; and
b: recognise and provide for the management plan for a foreshore and seabed reserve located in whole or in part within its region, once the management plan has been lodged with the council.
18: Matters to be considered by territorial authority
Section 74 subsection (2A)
2A: A territorial authority, when preparing or changing a district plan, must—
a: take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on resource management issues of the district; and
b: recognise and provide for the management plan for a foreshore and seabed reserve adjoining its district, once the management plan has been lodged with the territorial authority, to the extent that its contents have a bearing on the resource management issues of the district.
19: New
sections 79A 79B The principal Act is amended by inserting, after section 79
79A: Circumstance when further review required
1: Section 79B section 43 of the Foreshore and Seabed Act 2004
a: prepared and approved by the board of the foreshore and seabed reserve in accordance with section 44 of the Foreshore and Seabed Act 2004
b: lodged with the regional council.
2: Within 6 months of a management plan for a foreshore and seabed reserve being lodged as required by subsection (1)(b)
3: Section 79(4), (5), and (6)
79B: Consequence of review under
section 79A If a regional council, after reviewing a policy statement or plan under section 79A
a: requires change in order to recognise and provide for all or part of a management plan for a foreshore and seabed reserve, it must change the policy statement or plan in the manner set out in the First Schedule
b: can remain without change, it must give public notice of that decision.
20: New
section 82A The principal Act is amended by inserting, after section 82
82A: Dispute relating to review under
section 79A
1: This section applies if there is a dispute between a local authority and the board of a foreshore and seabed reserve as to whether a policy statement or plan reviewed under section 79A(2)
2: The board may refer a dispute to the Environment Court for a decision resolving the matter.
3: If, after considering the matter referred to it under subsection (2)
a: the Environment Court must order the regional council responsible for the policy statement or plan to initiate a change to that policy statement or plan in the manner set out in Schedule 1
b: if the Environment Court considers that the dispute relates to a matter of minor significance that does not affect the general intent and purpose of the policy statement or plan, the Environment Court may allow that policy statement or plan to remain unchanged.
21: New heading and
sections 85A 85B The principal Act is amended by inserting, after section 85 Plan must not allow activity that prevents recognised customary activities
85A: Plan or proposed plan must not include certain rules
A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have a significant adverse effect on a recognised customary activity carried out under section 17A(2)
85B: Process to apply if plan or proposed plan does not comply with
section 85A
1: If the holder of a customary rights order considers that a rule in a plan or proposed plan does not comply with section 85A
a: make a submission to the local authority concerned under clause 6 or clause 8 of Schedule 1
b: request a change under clause 21 of Schedule 1
c: apply to the Environment Court in accordance with section 293A(3)
2: A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A
a: the effects of the proposed activity on the recognised customary activity; and
b: the area that the proposed activity would have in common with the recognised customary activity; and
c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and
d: the degree to which the recognised customary activity must be carried out to the exclusion of other activities; and
e: whether the recognised customary activity can be exercised only in a particular area.
22: Forming opinion as to who may be adversely affected
1: Section 94B(1) Subsections (2) and (3) Subsections (2) to (4)
2: Section 94B
4: However, the holder of a customary rights order must be treated as being adversely affected if, in the opinion of the consent authority, the grant of a resource consent may adversely affect a recognised customary activity carried out in accordance with section 17A(2)
23: When public notification and service requirements may be varied
Section 94D
4: A rule included in a plan under subsection (3) section 17A(2)
24: Consideration of applications
Section 104(3) paragraph (c)
c: grant a resource consent contrary to—
i: section 107 or section 107A or section 217
ii: an Order in Council in force under section 152
iii: any regulations:
iv: a Gazette section 26(1), (2), and (5) of the Foreshore and Seabed Act 2004 .
25: New
sections 107A to 107D The principal Act is amended by inserting, after section 107
107A: Restrictions on grant of resource consents
1: A consent authority must not grant an application for a resource consent to do something that will, or is likely to, have a significant adverse effect on a recognised customary activity carried out in accordance with section 17A(2)
2: In determining whether a proposed activity will, or is likely to, have a significant adverse effect on a recognised customary activity, a consent authority must consider the following matters:
a: the effects of the proposed activity on the recognised customary activity; and
b: the area that the proposed activity would have in common with the recognised customary activity; and
c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and
d: the degree to which the recognised customary activity must be carried out to the exclusion of other activities; and
e: whether the recognised customary activity can be exercised only in a particular area; and
f: whether an alternative location or method would avoid, remedy, or mitigate any significant adverse effects of the proposed activity on the recognised customary activity; and
g: whether any conditions could be included in a resource consent for the proposed activity that would avoid, remedy, or mitigate any significant adverse effects of the proposed activity on the recognised customary activity.
3: Despite sections 77B(2)(a) and 104A, subsection (1)
107B: Provision for certain infrastructure works and related operations
1: Section 107A
a: an infrastructure work and its associated operations if—
i: the infrastructure work and its associated operations were lawfully established before the commencement of Part 3 of the Foreshore and Seabed Act 2004
ii: any significant adverse effects of the proposed activity on the recognised customary activity will be, or are likely to be, the same or similar in character, intensity, and scale to those that existed before the application for the resource consent was made:
b: maintenance work on, to, or in respect of an infrastructure work and its associated operations that were lawfully established before the commencement of Part 3 of Foreshore and Seabed Act 2004
2: In this section, infrastructure work and its associated operations
a: the Crown, as defined in section 2(1) of the Public Finance Act 1989
b: a local authority:
c: a network utility operator:
d: an electricity generator as defined in section 2(1) of the Electricity Act 1992
e: a port company as defined in section 2(1) of the Port Companies Act 1988 section 650J(6) of the Local Government Act 1974
f: the Maritime Safety Authority of New Zealand.
107C: Circumstances when written approval for resource consent required from holder of customary rights order
1: This section applies if—
a: the holder of a customary rights order gives written approval under section 107A(1)
b: the carrying out of the proposed activity under the resource consent would have the effect of suspending or cancelling, in whole or in part, the relevant customary rights order.
2: The holder of the customary rights order must acknowledge in writing that the effect described in subsection (1)(b)
3: Both the written approval given under section 107A(1) subsection (2)
a: form part of the application for a resource consent for the proposed activity; and
b: if a resource consent is granted, form part of the resource consent for that activity.
107D: Process to apply if grant of resource consent has effect of cancelling customary rights order
1: If the effect of carrying out the proposed activity under a resource consent granted in the circumstances contemplated by section 107C
a: the holder of the customary rights order must apply to cancel the order, in whole or in part, under section 60 or section 87 of the Foreshore and Seabed Act 2004
b: a decision by the consent authority to grant a resource consent for the proposed activity is of no effect until the application referred to in paragraph (a) Foreshore and Seabed Act 2004
2: However, if an application to cancel a customary rights order is declined, the relevant resource consent must be treated as if it were declined by the consent authority.
26: Decision on application for restricted coastal activity
Section 119 subsection (6)
6: The Minister of Conservation must not grant a coastal permit for a restricted coastal activity if the activity is contrary to—
a: section 107 or section 107A or section 217
b: an Order in Council in force under section 152
c: any regulations:
d: a Gazette section 26(1), (2), and (5) of the Foreshore and Seabed Act 2004
27: Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
Section 237A(1) paragraph (b)
b: show as vesting in the Crown any part of the allotment that is in the coastal marine area.
28: Vesting of reserves or other land
Section 239(3)(a) section 9A of the Foreshore and Seabed Endowment Revesting Act 1991 section 13 of the Foreshore and Seabed Act 2004
29: New
section 293A The principal Act is amended by inserting, after section 293
293A: Determinations relating to customary rights orders made under
Foreshore and Seabed Act 2004
1: This section applies to a determination made by the Environment Court on—
a: an appeal relating to—
i: a submission made in reliance on section 85B(1)(a)
ii: a request made in reliance on section 85B(1)(b)
b: an application made under section 85B(1)(c)
2: The Environment Court must—
a: determine the matters referred to in subsection (1) clause 15 of Schedule 1
b: consider the matters set out in section 85B(2)
3: An application made under section 85B(1)(c)
a: made in accordance with section 291
b: without limiting the discretion as to service under section 291
30: Proceedings to be heard by Environment Judge
Section 309
4: This Part does not apply to a recognised customary activity carried out in accordance with section 17A(2)
5: However, sections 310 to 313 and sections 330 to 337
31: Power of entry for inspection
Section 332(1) ; or paragraph (c)
d: any control imposed under Schedule 12
32: Power of entry for survey
Section 333 subsection (1)
1A: Subsection (1)
33: Crown's existing rights to resources to continue
Section 354(3) 1991 or the Foreshore and Seabed Act 2004
34: Vesting of reclaimed land
1: Section 355(3) The Without limiting section 355AA
2: Section 355(4) paragraph (a)
ab: must describe the right, title, or interest vested; and .
35: New
sections 355AA 355AB The principal Act is amended by inserting, after section 355
355AA: Effect of Foreshore and Seabed Act 2004
1: If an application is made under section 355(1) section 355(3)
2: However, subsection (1) section 13(1) of the Foreshore and Seabed Act 2004
a: a coastal permit has been granted to carry out the reclamation; or
b: the Minister of Conservation has entered into a written agreement with the applicant to vest a right, title, or interest in the relevant land; or
c: an enactment has provided for a right, title, or interest in the relevant land to be vested in the applicant.
3: If subsection (1)
a: must not vest an estate in fee simple in the relevant land; but
b: may vest in the applicant a lesser right, title, or interest in the reclaimed land.
4: Subsection (3)(b)
a: in the case of a port company or port operator referred to in section 107B(2)(e)
i: for a leasehold interest granted to it, so long as that interest does not exceed 50 years (though it may include a perpetual right of renewal on the same terms as the original lease, to the extent that the land continues to be used for port facilities):
ii: for any other interest granted to it, so long as that interest, together with any rights of renewal, does not exceed 50 years; and
b: in the case of any other entity, so long as the interest granted to it, together with any rights of renewal, does not exceed 50 years.
5: In vesting an interest in reclaimed land under subsection (4)
a: control the use to which the land may be put:
b: protect access rights in the coastal marine area, subject to any limits imposed by or under any enactment.
355AB: Application for renewals
1: The holder of a right, title, or interest granted under section 355AA(3)(b)
a: may apply to the Minister of Conservation, not later than 3 months before the expiry of the existing right, title, or interest, for a renewal of the right, title, or interest in the same, or part of the same, relevant land; and
b: has the right to have the application considered and determined before any other application may be considered for a right, title, or interest in the same land.
2: If an application is made under subsection (1)
36: Schedule 1
1: Clause 2 of Schedule 1 of the principal Act is amended by repealing subclause (2), and substituting the following subclause:
2: A proposed regional coastal plan must be prepared by the regional council concerned in consultation with—
a: the Minister of Conservation; and
b: iwi authorities of the region; and
c: the board of any foreshore and seabed reserve in the region.
2: Clause 3(1) paragraph (d) ; and
e: the board of any foreshore and seabed reserve in the area.
3: Clause 5(4) paragraph (f) ; and
g: the board of any foreshore and seabed reserve in the area.
4: Clause 20(4) paragraph (f) ; and
g: the board of any foreshore and seabed reserve in the area.
37: Schedule 4 Schedule 4 clause 1
1A: Matters that must be included in an assessment of effects on the environment
An assessment of effects on the environment for the purposes of section 88
38: New
Schedule 12 The principal Act is amended by adding the Schedule 12
39: Regulation amended
Regulation 10(2) Resource Management (Forms, Fees, and Procedure) Regulations 2003
h: the holder of a customary rights order who, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions.
40: Continuation and completion of applications, etc, under principal Act
1: This section applies if, before 17 January 2005,—
a: an application has been made for a resource consent or for any matter in relation to a resource consent (including a change or review of conditions of an existing consent); or
b: a policy statement, plan, change, or variation has been publicly notified.
2: The continuation and completion of a matter referred to in subsection (1)
3: However, a submission, request, or application made under section 85B(1)
41: Continuation and completion of appeals, etc, under principal Act
1: If, before the commencement of this section, an appeal has been lodged or an objection made, the continuation and completion of that appeal or objection must be in accordance with the principal Act as if this Act had not been enacted.
2: However, an appeal lodged after 17 January 2005 must be determined in accordance with the principal Act as amended by this Act.
3: If, before 17 January 2005, an application for a subdivision consent has been made, the continuation and completion of all proceedings in relation to that subdivision, including the approval and deposit of a survey plan, must be in accordance with the principal Act as if this Act had not been enacted.
4: If, before 17 January 2005, a declaration, enforcement, or abatement action under Part 12
42: Coastal permits relating to public foreshore and seabed
1: In this section and section 43 authorisation
2: This section and section 43
a: before the commencement of section 13(1) Foreshore and Seabed Act 2004
i: land of the Crown; or
ii: land vested in a regional council; but
b: after the commencement of section 13(1) Foreshore and Seabed Act 2004
3: If an activity is carried out under an authorisation granted by the relevant local authority, as the land owner, to occupy land in, or remove sand, shingle, shell, or other natural material from, the public foreshore and seabed,—
a: the authorisation must be treated as a coastal permit for the activity granted under the principal Act; and
b: the same terms and conditions apply as applied under the authorisation; and
c: the provisions of the principal Act apply.
4: Despite section 17 Foreshore and Seabed Act 2004 subsection (3)
43: Activities carried out without authorisation
If an activity that involves an occupation of land in, or the removal of sand, shingle, shell, or other natural material from, the public foreshore and seabed is being carried out without an authorisation granted by the relevant local authority, as the land owner, section 12(2)