COVID-19 Recovery (Fast-track Consenting) Act 2020

1: Title
This Act is the COVID-19 Recovery (Fast-track Consenting) Act 2020.
2: Commencement
This Act comes into force on the day after it receives the Royal assent.
1: Preliminary provisions
3: Repeal of this Act
1: This Act is repealed on 8 July 2023.
2: See section 8 Schedule 1 2023-07-08 COVID-19 Recovery (Fast-track Consenting) Act 2020 2023-07-08 COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 5) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 7) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 8) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 9) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 10) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 11) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 12) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 13) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 14) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 15) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 16) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 17) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 18) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 5) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 7) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 8) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 9) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 10) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 11) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 12) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 13) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 14) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 15) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 16) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (Great South Homes Park and Waikanae North) 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Glen Innes to Tāmaki Drive Shared Path) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Rangiriri Solar Farm and Waerenga Solar Farm) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Wooing Tree Stage 4 and Wairatahi) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Metlifecare Retirement Village—Karori) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Quarterdeck and North) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Holly Lea Village and Man Street Hotel) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Auckland Surf Park Community) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Harmony Energy Solar Farms) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Hansen Road and Moy Estate) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Maraekakaho, Kings, and Brookby Quarries) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Ōtaki Māori Racecourse Development) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Summerset Rotorua and Foundation Village) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Wairau Housing Development) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Rotokauri Greenway and Minor Arterial Transport Corridor) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Taheke Geothermal Project and Te Rere Hau Wind Farm Extension) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Arawhata Wetland) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Plimmerton Farm, Jamaica Rise, and Peachgrove) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Stevensons Crescent and Verran Mews) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Ngongotahā Housing Development and Lincoln Retirement Village) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Marton and Ōpunake Solar Farms) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Aquaculture Trials and Whenuapai Development) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Hobsonville Road Retirement Village, The Pitau, and Te Puru Business Park) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Waiuku and Southland Wind Farms) Amendment Order 2023 See Schedule 1 clause 1(1): An Order in Council made under this Act is revoked on the day this Act is repealed. Section 3(1) replaced 3 November 2021 clause 7 COVID-19 Response (Management Measures) Legislation Act 2021
4: Purpose
The purpose of this Act is to urgently promote employment to support New Zealand’s recovery from the economic and social impacts of COVID-19 and to support the certainty of ongoing investment across New Zealand, while continuing to promote the sustainable management of natural and physical resources.
5: Overview
1: This Part contains preliminary provisions.
2: Part 2
3: Schedule 1
4: Schedule 2
5: Schedule 3
6: Schedule 4
7: Schedule 5
8: Schedule 6
6: Treaty of Waitangi
In achieving the purpose of this Act, all persons performing functions and exercising powers under it must act in a manner that is consistent with—
a: the principles of the Treaty of Waitangi
b: Treaty settlements.
7: Interpretation
1: In this Act, unless the context otherwise requires,— application for referral section 20 authorised person
a: in relation to a listed project, means a person identified as such in Schedule 2
b: in relation to a referred project, means a person identified as such in the relevant referral order ( see clause 2(a) coastal marine area section 2(1) consent applicant clause 2 consent application clause 2 customary marine title customary marine title area customary marine title group customary marine title order section 9(1) designation section 166 effect section 3 Environment Judge
a: means a judge appointed under section 250
b: includes a Māori Land Court judge who holds a warrant to sit in the Environment Court EPA section 7 existing expert consenting panel panel Schedule 5 infrastructure section 2(1) iwi aquaculture organisation section 4 land returned under a Treaty settlement listed project Schedule 2 local authority section 5(1) mandated iwi organisation section 5 Minister
a: the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; and
b: in subpart 1 section 16 Ministry notice of requirement section 168 permitted activity subpart 2 section 31 permitted activity standards subpart 2 Schedule 4 person section 2(1) post-settlement governance entity
a: means a body corporate or the trustees of a trust established by a claimant group for the purposes of receiving redress or participating in arrangements established under a Treaty settlement Act; and
b: includes an entity established to represent a collective or combination of claimant groups project proposed plan section 43AAC protected customary right protected customary rights area protected customary rights group section 9(1) referral order section 27 referred project relevant iwi authority
a: in relation to work on infrastructure referred to in subpart 2
b: in relation to listed projects and referred projects and in the rest of this Act, means an iwi authority whose area of interest includes the area in which a project will occur relevant local authority
a: in relation to work on infrastructure referred to in subpart 2
b: in relation to listed projects and referred projects and in the rest of the Act, means the local authority whose district or region the project is in and, if the project is in 2 or more districts or regions, each local authority whose region or district part of the project is in requiring authority section 166 clause 2 sustainable management section 5(2) Treaty settlement
a: a Treaty settlement Act; or
b: a Treaty settlement deed Treaty settlement Act
a: an Act listed in Schedule 3
b: for the purposes only of this Act, the following:
i: Maori Commercial Aquaculture Claims Settlement Act 2004
ii: Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
iii: Nga Wai o Maniapoto (Waipa River) Act 2012
iv: Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Treaty settlement deed
a: has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
b: is in settlement of the claims of that group, or in express anticipation, or on account, of that settlement; but
c: does not include an agreement in principle or any document that is preliminary to a signed and ratified deed Treaty settlement entity
a: a post-settlement governance entity:
b: a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under a Treaty settlement Act:
c: an entity or a person that is authorised to act for a natural resource with legal personhood:
d: a mandated iwi organisation:
e: an iwi aquaculture organisation work on infrastructure section 30 working day section 2(1)
2: Terms used in this Act that are not defined in this Act have the same meanings as they have in the Resource Management Act 1991
3: Terms used in this Act that are not defined in this Act have the same meanings as they have in the Marine and Coastal Area (Takutai Moana) Act 2011 Resource Management Act 1991 Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
9: Act binds the Crown
This Act binds the Crown.
10: Procedural principles
1: Every person performing functions and exercising powers under this Act must take all practicable steps to use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions, duties, or powers being performed or exercised.
2: This includes a duty to act promptly in circumstances where no time limit has been set for the performance or exercise of a function, power, duty, or requirement under this Act.
3: However, a failure to comply with this section does not of itself invalidate the performance of a function or duty or the exercise of a power under this Act.
11: Electronic service of documents
1: This section applies to any document that is to be served on a person for the purpose of this Act, including—
a: an application; and
b: comments sought on any matter; and
c: notice of a decision and any document related to the decision; and
d: written notice of any other matter.
2: Unless it is impracticable to do so, the document must be sent electronically to the electronic address provided for that purpose.
3: Any time frame that applies under this Act, and that is expressed in relation to when notice is given, or an application made, or comments sought, must be calculated, if the document is sent electronically, from the date of electronic receipt.
4: However, subsection (2)
a: does not apply to a document that is to be served on a person to commence, or in the course of, court proceedings if the court requires a different method of service (whether expressly or in its rules or practices); and
b: does not override the provisions of the Electronic Courts and Tribunals Act 2016
5: If electronic service of the document is impracticable, the document may be served in accordance with section 352(1)﻿(b) and (2) to (5) section 353
12: Relationship between this Act and Resource Management Act 1991
1: This section applies except as otherwise provided in, or required by the context of, this Act. Listed projects and referred projects
2: If an application for resource consent for an activity is made under this Act,—
a: the process for obtaining a consent under Schedule 6 Resource Management Act 1991
b: a resource consent granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were granted under the Resource Management Act 1991
3: If a notice of requirement is lodged under this Act,—
a: the process for confirming or modifying a designation under Schedule 6 Resource Management Act 1991
b: a designation confirmed or modified under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were confirmed or modified under the Resource Management Act 1991
4: A certificate of compliance issued by a panel under clause 27 section 139 Work on infrastructure
5: If an activity is undertaken, in reliance on this Act, as a permitted activity in the course of work on infrastructure,—
a: subpart 2 Schedule 4
i: the relevant plan or proposed plan; or
ii: the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011
b: the permitted activities and associated permitted activity standards in Schedule 4
i: any other national environmental standard; or
ii: any conditions that apply to an existing resource consent or designation.
6: Subsections (7) and (8)
a: an activity is already classified as a permitted activity under the relevant plan or proposed plan, or under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 regulations
b: a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the plan or the regulations (the existing requirements, conditions, and permissions
7: If the existing requirements, conditions, and permissions are more stringent than the applicable permitted activity standards,—
a: the activity may be undertaken in the course of work on infrastructure as a permitted activity in reliance on this Act, subject to the conditions in section 29(2)
b: subsection (5)
8: However, if the existing requirements, conditions, and permissions are more lenient than the applicable permitted activity standards, the activity may be undertaken in the course of work on infrastructure in reliance on the plan or the regulations rather than in reliance on this Act. General
9: Every person who carries out an activity as part of a listed project or a referred project, or in the course of work on infrastructure, is subject to—
a: the duty to avoid unreasonable noise under section 16
b: the duty to avoid, remedy, or mitigate adverse effects under section 17
10: The provisions of the Resource Management Act 1991
13: Appeals and judicial review
1: Nothing in this Act limits or affects any right of judicial review a person may have in respect of any matter to which this Act applies.
2: However, if a person wishes to apply for judicial review of a final decision of a panel under clause 37
3: If an application for judicial review and an appeal are lodged together, the High Court must try to hear the proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case. 2010 No 37 s 159
2: Fast-track consenting
1: Projects considered by expert consenting panel
Listed and referred projects
14: Expert consenting panel considers listed projects and referred projects
An expert consenting panel must be appointed under Schedule 5
a: each project described in Schedule 2 listed project
b: each project or part-project referred to an expert consenting panel in accordance with this subpart (a referred project
15: How expert consenting panel considers projects
1: An authorised person for a listed project or a referred project—
a: may apply under this Act, instead of under the Resource Management Act 1991
b: may, if the person is a requiring authority, lodge a notice of requirement under this Act, instead of under the Resource Management Act 1991
2: The authorised person for a project is,—
a: for a listed project,—
i: any person or entity authorised to undertake the project, as identified in Schedule 2
ii: if that person or entity is KiwiRail Holdings Limited, the New Zealand Transport Agency, or a government department, any person they authorise to act on their behalf for the purposes of this Act; and
b: for a referred project, the person identified as the authorised person in the Order in Council made under section 27 referral order
3: Schedule 6
a: the requirements for consent applications to be made to, and notices of requirement to be lodged with, the EPA; and
b: how the EPA provides applications and notices of requirement to the panel appointed for a project; and
c: how the panel makes decisions.
4: To avoid doubt, a person—
a: cannot apply under this Act for a change or cancellation of an existing consent ( see section 127
b: may lodge a notice of requirement under this Act to alter an existing designation. Referral of projects
16: Who makes referral decisions
1: Decisions under this subpart that relate to the referral of a project to an expert consenting panel must be made—
a: jointly by the Minister for the Environment and the Minister of Conservation, if any part of the project would occur in the coastal marine area; or
b: by the Minister for the Environment alone in any other case.
2: In relation to a decision that must be made jointly by both Ministers, any reference in this subpart to the Minister
17: How Minister satisfies obligations under section 6 (Treaty of Waitangi)
1: The Minister’s obligations under section 6 section 24
2: The report must be prepared by the Ministry in consultation with the Office for Māori Crown Relations—Te Arawhiti.
3: The report must identify the following:
a: the relevant iwi authorities and relevant Treaty settlement entities:
b: the Treaty settlements that relate to the project area:
c: the relevant principles and provisions in those Treaty settlements, including those that relate to the composition of a decision-making body for the purposes of the Resource Management Act 1991
d: any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the project area:
e: any court orders that recognise, in relation to the project area, protected customary rights or customary marine title, whether the court orders are granted under the Marine and Coastal Area (Takutai Moana) Act 2011
18: Criteria for projects that may be referred
1: A project is not eligible to be referred to an expert consenting panel unless it meets all the criteria set out in this section.
2: The Minister must be satisfied that the project will help to achieve the purpose of this Act ( see section 19
3: The project must not include any of the following activities:
a: an activity that is described as a prohibited activity in the Resource Management Act 1991
b: an activity that—
i: would occur on land returned under a Treaty settlement; and
ii: has not been agreed to in writing by the relevant landowner:
c: an activity that—
i: would occur in a customary marine title area under the Marine and Coastal Area (Takutai Moana) Act 2011
ii: has not been agreed to in writing by the holder of the relevant customary marine title order issued under that Act:
d: an activity that—
i: would occur in a protected customary rights area under the Marine and Coastal Area (Takutai Moana) Act 2011
ii: has not been agreed to in writing by the holder of a relevant protected customary rights recognition order issued under that Act.
4: To avoid doubt,—
a: a project may be in the form of a single large project or any number of related projects, and the projects may cross local authority boundaries; and
b: even if a project or part of a project meets all the criteria in this section, the Minister may decide not to refer it to an expert consenting panel ( see section 23
19: Whether project helps to achieve purpose of Act
In considering, for the purpose of section 18(2)
a: the project’s economic benefits and costs for people or industries affected by COVID-19:
b: the project’s effect on the social and cultural well-being of current and future generations:
c: whether the project would be likely to progress faster by using the processes provided by this Act than would otherwise be the case:
d: whether the project may result in a public benefit by, for example,—
i: generating employment:
ii: increasing housing supply:
iii: contributing to well-functioning urban environments:
iv: providing infrastructure in order to improve economic, employment, and environmental outcomes, and increase productivity:
v: improving environmental outcomes for coastal or freshwater quality, air quality, or indigenous biodiversity:
vi: minimising waste:
vii: contributing to New Zealand’s efforts to mitigate climate change and transition more quickly to a low-emissions economy (in terms of reducing New Zealand’s net emissions of greenhouse gases):
viii: promoting the protection of historic heritage:
ix: strengthening environmental, economic, and social resilience, in terms of managing the risks from natural hazards and the effects of climate change:
e: whether there is potential for the project to have significant adverse environmental effects, including greenhouse gas emissions:
f: any other matter that the Minister considers relevant.
20: Application for referral
1: Any person may apply to the Minister for a project to be referred to an expert consenting panel.
2: The application—
a: must include the information specified in subsection (3)
b: need only provide a general level of detail, sufficient to inform the Minister’s decision on the application, as opposed to the level of detail that an expert consenting panel would require to be provided in applications for resource consents or in notices of requirement.
3: The information to be included in the application is as follows: Proposal and effects
a: a description of the proposed project and the activities it involves:
b: the approximate geographical location of the project (which may be included in the form of a map):
c: the anticipated commencement and completion dates for construction activities (where relevant):
d: a statement of whether the project is planned to proceed in stages and, if so, an outline of the nature and timing of the staging:
e: a description of the anticipated and known adverse effects of the project on the environment:
f: a general assessment of the project in relation to national policy statements and national environmental standards (as those terms are defined in the Resource Management Act 1991 Alignment with criteria
g: an explanation of how the project meets the criteria in section 18 Persons affected
h: a list of the persons the applicant considers are likely to be affected by the project, including relevant local authorities, relevant iwi authorities, and relevant Treaty settlement entities:
i: a summary of any consultation already undertaken on the project with the persons referred to in paragraph (h)
j: a list of any Treaty settlements that apply to the geographical location of the project, and a summary of the relevant principles and provisions in those settlements: What is needed to complete the project
k: a description of the applicant’s legal interest (if any) in the land on which the project will occur, including a statement of how that affects the applicant’s ability to undertake the work:
l: an outline of the types of resource consents and any designations, or changes to designations, that the applicant considers are needed to authorise the project, including any that the applicant considers may be needed by someone other than the applicant:
m: a description of other legal authorisations (other than contractual) that the applicant considers may be required to commence the project (for example, authorities under the Heritage New Zealand Pouhere Taonga Act 2014 Conservation Act 1987 Other matters
n: a statement of whether the applicant has already made consent applications or lodged notices of requirement under the Resource Management Act 1991
o: a description of whether and how the project would be affected by climate change and natural hazards:
p: a summary of compliance or enforcement actions (if any) taken against the applicant by a local authority or the EPA under the Resource Management Act 1991
4: The Secretary for the Environment must approve an application form for the purpose of this section and ensure that it is made available on an Internet site maintained by or on behalf of the Ministry.
5: The application must be made in the approved form.
21: Process after Minister receives application
1: This section applies if the Minister receives an application under section 20
2: Unless the Minister decides to decline the application before inviting comments ( see section 23
a: the relevant local authorities; and
b: the relevant Ministers.
3: The Minister may also copy the application to, and invite written comments from, any other person.
4: Anyone who is invited to provide written comments under this section has 10 working days from the receipt of the copy of the application to do so.
5: The Minister is not required to consider any comments received after that time, but may do so, in the Minister’s absolute discretion, as long as the Minister has not already made decisions on the application.
6: In this section, relevant Minister
a: Arts, Culture, and Heritage:
b: Conservation:
c: Climate Change:
d: Defence:
e: Education:
f: Housing:
g: Infrastructure:
h: Land Information:
i: Local Government:
j: Māori Crown Relations—Te Arawhiti:
k: Transport:
l: Treaty of Waitangi Negotiations:
m: Urban Development:
n: any other Portfolio to which the Minister considers the application is relevant.
22: Minister may request information
1: The Minister may request further information about an application for referral from the applicant or the relevant local authorities, to be provided within the time frame specified in the request.
2: The Minister is not required to consider any information provided after that time, but may do so, in the Minister’s absolute discretion, as long as the Minister has not already made decisions on the application.
3: A request may be made at any time before a decision on the application is made under section 23 24
23: Decision to decline application for referral
1: The Minister must decline an application for referral if the Minister is satisfied that a project does not meet the referral criteria in section 18
2: The Minister may decline an application for any other reason, whether or not the project meets the referral criteria.
3: A decision to decline an application may be made—
a: before or after a report on the application is obtained under section 17
b: before or after comments on the application are invited under section 21
c: whether or not further information on the application is requested and provided under section 22
4: However, if a report has been obtained, or if comments or further information have been sought and provided within the required time frame, the Minister must consider those things, along with the application, before deciding to decline the application.
5: Reasons to decline an application under subsection (2)
a: the applicant has not provided enough information for the Minister to determine whether the project meets the criteria in section 18
b: it would be more appropriate for the project, or part of the project, to go through the standard consenting or designation process under the Resource Management Act 1991
c: the project is inconsistent with a relevant national policy statement:
d: directing the project to a panel would be inconsistent with a Treaty settlement:
e: the project involves an activity that would occur on land that the Minister for Treaty of Waitangi Negotiations considers necessary for Treaty settlement purposes:
f: the applicant has a poor history of environmental regulatory compliance:
g: there is insufficient time for the application to be referred and considered before this Act is repealed.
6: Subsection (5)
7: A decision under this section may be made in respect of all or part of the project that is the subject of an application for referral, and the Minister may decline some parts of an application and accept others.
24: Decision to accept application for referral
1: Before deciding to accept an application for referral, the Minister must consider—
a: the application; and
b: the report obtained under section 17
c: any comments received under section 21
d: any further information requested and provided under section 22
2: If the Minister is satisfied that all or part of a project meets the referral criteria in section 18
a: to refer all or part of a project to an expert consenting panel:
b: to refer the initial stages of a project to the panel while deferring decisions about the project’s remaining stages:
c: to specify restrictions that apply to the project (for example, on its geographical location, duration, or the activities that comprise the project):
d: to specify information that must be submitted to the panel—
i: with a consent application (in addition to the information required by clause 9
ii: with a notice of requirement (in addition to the information required by clause 13
e: to specify persons or groups, in addition to those specified in clause 17
f: to set specific time frames for the panel to process a resource consent or notice of requirement, which may differ from the time frames specified in clause 37
3: A decision under this section may be made in respect of all or part of the project that is the subject of an application for referral, and the Minister may accept some parts of an application and decline others.
25: Notice of decisions on application for referral
1: The Minister must give notice of the decisions made on an application for referral, and the reasons for them, to—
a: the applicant; and
b: anyone invited to comment on the application under section 21
2: If the decisions include a decision to refer all or part of the project to an expert consenting panel, the Minister must also give notice of the decisions and reasons to—
a: the EPA; and
b: the panel convener appointed under clause 2
c: the relevant iwi authorities and Treaty settlement entities identified in the report obtained under section 17
d: any other iwi authorities or Treaty settlement entities that the Minister considers have an interest in the matter; and
e: any group that is a party to—
i: a joint management agreement under the Resource Management Act 1991
ii: a Mana Whakahono a Rohe entered into under the Resource Management Act 1991
3: After making decisions on an application for referral, the Minister must ensure that the decisions, the reasons for them, and the report obtained under section 17
26: How project is referred
1: This section applies if the Minister decides to refer a project or part of a project to an expert consenting panel.
2: The Minister must—
a: recommend that a referral order be made under section 27 section 24
b: provide to the EPA, and to the panel convener appointed under clause 2
i: the report obtained under section 17
ii: any comments received under section 21
27: Order in Council to refer project to expert consenting panel
1: The Governor-General may, by Order in Council (a referral order
2: A referral order may only be made on the recommendation of the Minister and must give effect to the Minister’s decisions under section 24
3: A referral order must comply with the requirements set out in Schedule 3
4: A referral order may be amended by Order in Council,—
a: in the case of a substantive amendment, only if an application for referral is made and considered under this subpart for the project as amended; and
b: in the case of an amendment to correct a minor error or omission, without any need for an application to be made or considered under this subpart and without having to comply with the requirements set out in Schedule 3
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Functions of EPA
28: Functions of EPA
1: The purpose of this section is to ensure that the functions of the EPA, as set out in section 13 EPA Act
2: For the purpose of section 13(b) environmental Act section 5
2: Work on infrastructure
29: Work on infrastructure: permitted activities
1: In the course of work on infrastructure, certain activities may be undertaken as permitted activities (that is, activities for which a resource consent is not required under the Resource Management Act 1991
2: However,—
a: the work must meet the criteria set out in section 30
b: the activities must meet the criteria set out in section 31 section 32
c: the agency must comply with section 33
3: See section 12(5) to (8) Resource Management Act 1991
4: See section 34 Schedule 4
30: Criteria for work on infrastructure
1: For the purposes of this subpart, work on infrastructure must meet all the criteria set out in this section.
2: The work may only be carried out by the following agencies:
a: KiwiRail Holdings Limited:
b: the New Zealand Transport Agency:
c: the following agencies, if they are added to clause 1 section 34
i: Kāinga Ora–Homes and Communities:
ii: the Ministry of Housing and Urban Development:
iii: any local authority.
3: The work may only be carried out on existing infrastructure.
4: The work may only be carried out at a place that meets the location requirements that apply to the agency, as set out in Schedule 4
5: In this section, existing infrastructure
31: Criteria for permitted activities
For an agency that undertakes work on infrastructure in reliance on this subpart, an activity is a permitted activity
a: the activity is—
i: identified in Schedule 4
ii: not excluded from being a permitted activity by section 32
b: the agency, when carrying out the activity, complies with the permitted activity standards that apply to the agency, as set out in Schedule 4
32: Activities excluded from being permitted activities
1: This section sets out the activities that are excluded from being permitted activities for the purpose of this subpart.
2: An activity is excluded if it is a discretionary, non-complying, or prohibited activity under—
a: the relevant plan or proposed plan; or
b: the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011
3: An activity is excluded if it would occur in any of the following places:
a: a place identified or listed in the relevant plan or proposed plan as—
i: a wāhi tapu; or
ii: any other site of cultural or historical significance; or
iii: an outstanding water body:
b: a wāhi tapu identified for the purpose of this section during the engagement process required by clause 5
4: An activity is excluded if it would involve a non-temporary take of water that would require a resource consent under the relevant plan or proposed plan.
5: An activity is excluded if it would be contrary to a water conservation order (as defined in section 200
6: An activity is excluded if it can be undertaken within the scope of an existing designation without requiring—
a: an outline plan of works to be lodged under section 176A
b: a consent under the relevant regional plan or proposed regional plan.
7: An activity is excluded to the extent that it has an existing resource consent.
33: Requirements before commencing work on infrastructure
1: An agency seeking to carry out work on infrastructure in reliance on this subpart must—
a: begin the iwi and hapū engagement process required by clauses 5 to 7
b: serve notices of intention in accordance with clauses 8 and 9
2: The agency must also comply with any other applicable permitted activity standard that requires something to be done before the work commences.
34: Order in Council to add agencies for work on infrastructure
1: The Minister must not recommend that an Order in Council be made under this section unless the Minister is satisfied that—
a: the change made by the order will help to achieve the purpose of this Act; and
b: the recommendation is consistent with section 6
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend clause 1 see section 30(2)
a: Kāinga Ora–Homes and Communities:
b: the Ministry of Housing and Urban Development:
c: any local authority.
3: The order must also amend Schedule 4
a: set the location requirements for the agency’s work on infrastructure; and
b: specify the permitted activities for the agency; and
c: specify any activities, in addition to those listed in section 32
d: specify the permitted activity standards that apply to the agency.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Monitoring and enforcement
1: A local authority may—
a: monitor activities carried out as permitted activities in reliance on this subpart, if the activities are located in the authority’s region or district; and
b: take appropriate action using the methods available to it under the Resource Management Act 1991
2: A local authority may fix charges, payable by agencies carrying out work on infrastructure, for monitoring the activities.
3: Sections 36(1A) to (8) 36AAA 36AAB subsection (2)
4: A local authority may rely on charges fixed under section 36(1)﻿(c)