National War Memorial Park (Pukeahu) Empowering Act 2012

1: Title
This Act is the National War Memorial Park (Pukeahu) Empowering Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to—
a: empower the creation of the National War Memorial Park (Pukeahu) on the Park land that includes the National War Memorial, in the area of the City of Wellington known to Māori as Puke-ahu; and
b: ensure its completion by April 2015, the centenary of the commencement of the Gallipoli Campaign of the First World War; and
c: ensure the integration of the Park and roading networks with the wider City of Wellington.
2: In order to achieve the purpose of this Act, the Act—
a: grants the statutory authorisations to the New Zealand Transport Agency and the chief executive of the Ministry for Culture and Heritage that are reasonably necessary or desirable for—
i: the completion of the design and construction of the Park, and to enable its maintenance and operation, and the reconstruction or alteration of the roading network; and
ii: avoiding, remedying, or mitigating any actual or potential adverse effects of the exercise of statutory authorisations on the environment; and
b: sets the conditions that will apply to the statutory authorisations; and
c: facilitates the amendment of statutory authorisations granted by or under this Act, or their conditions, and the provision of any new statutory authorisations and conditions that may be reasonably necessary or desirable for—
i: the completion of the design and construction of the Park, and to enable its maintenance and operation and the reconstruction or alteration of the roading network; and
ii: avoiding, remedying, or mitigating any actual or potential adverse effects of the exercise of statutory authorisations on the environment; and
d: establishes a community forum and review panel; and
e: provides a process for the independent certification of plans and documents required by conditions of statutory authorisations granted by or under this Act.
4: Interpretation
In this Act, unless the context otherwise requires,— Agency section 93 archaeological authority section 10 archaeological site section 2 authorising body building consent section 7 building consent authority section 7 certification
a: sections 20 to 22
b: section 24 consent authority section 2(1) designation section 166 discharge permit section 87(e) district plan
a: means the Wellington City District Plan as approved by the Wellington City Council under Schedule 1
b: includes all operative changes to that plan; and
c: includes a proposed plan, to the extent that—
i: it has legal effect under section 86B
ii: must be treated as operative under section 86F
d: includes any changes to the district plan notified before 1 October 2009 land use consent section 87(a) local authority section 5(1) Minister Ministry National War Memorial Park (Pukeahu) Park
a: mean the Park constructed, operated, and maintained on the Park land; and
b: include the land above the area indicated in figure 2
c: do not include the roading network Park land section 5 requiring authority resource consent section 2(1) roading network section 9 statutory authorisations
a: means the following:
i: the resource consents granted by section 8
ii: the designation provided by section 9
iii: the archaeological authorities granted by section 10
iv: the building consents granted by section 12
v: the powers of entry granted by section 17
vi: the property rights granted by section 18
b: includes any amendments to a statutory authorisation described in paragraph (a) or amendments to a statutory authorisation or other permission or right granted by Order in Council made under section 25 territorial authority section 5(1) water permit section 87(d)
5: Meaning of Park land
In this Act, Park land figure 2
a: part of the road known as Tory Street:
b: part of the road known as Buckle Street:
c: Part Section 226 Town of Wellington, Gazette
d: Section 1151 Town of Wellington, Gazette
e: Section 1152 Town of Wellington, Gazette
f: Section 1 SO 21789, computer freehold register WN39D/488:
g: Part Lot 2 DP 87064, computer freehold registers WN54D/136 and WN54C/503:
h: Part Section 227 Town of Wellington, computer freehold register WN11/14:
i: Part Section 234 Town of Wellington, Gazette
j: Part Sections 226 and 233 Town of Wellington, computer freehold register 288861:
k: Part Section 256 Town of Wellington, Gazette
l: Part Lot 1 A 66A, Gazette
m: Lot 7 DP 69, Gazette
n: Part Lot 8 DP 69, Gazette
o: Part Lot 15 DP 69, Gazette
p: Part Lot 16 DP 69, Gazette
q: Part Lot 33 DP 69, Gazette
r: Part Lot 33 DP 69, Gazette
s: Part Section 227 Town of Wellington, Gazette
t: Lot 32 DP 69, Gazette
u: Part Section 234 Town of Wellington, Gazette
v: Part Section 257 Town of Wellington, Gazette
w: Lot 2 DP 87064, computer freehold register WN54C/503 and WN54D/136:
x: Part Section 1266, Town of Wellington, computer freehold register WN49D/144:
y: Part Lot 6 DP 69, Gazette
6: Status of plans in Schedule 9
1: The plans included in each of figures 1 2 3
2: In each case, the boundaries shown by dashed lines—
a: are indicative only and do not limit the legal descriptions of the areas concerned nor any plans prepared under this Act to define the location of any works authorised by or under this Act; and
b: in the event of an inconsistency between a boundary shown in figure 1 2 3
7: Act binds the Crown
This Act binds the Crown.
2: Statutory authorisations and other matters
1: Resource consents and designations
Resource consents
8: Resource consents granted
1: The following resource consents, as specified in Part 1 Part 2
a: land use consents:
b: water permits:
c: discharge permits.
2: The following resource consents, as specified in Part 1 Part 2
a: land use consents:
b: water permits:
c: discharge permits.
3: The resource consents granted by subsections (1) and (2) have the same force and effect as if they had been granted under section 104A 104B 104C
4: The following provisions of the Resource Management Act 1991
a: section 116
b: section 120
c: sections 128
d: section 133
5: Unless otherwise specified by or under this Act, a resource consent granted by this section—
a: commences on the date that this Act comes into force; and
b: despite section 125
i: the resource consent is given effect to; or
ii: substantial work of any kind relevant to the consent has been commenced; or
iii: the Agency or the chief executive of the Ministry, as appropriate, has—
A: applied to the relevant consent authority to extend the period before which the consent lapses; and
B: had an extension granted.
6: In considering an application under subsection (5)﻿(b)﻿(iii), the consent authority must take into account—
a: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
b: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension. Designation
9: Designation provided for Agency
1: The designation specified in Part 1
a: is deemed to be included in the district plan; and
b: has the same force and effect as if it were included in the district plan or any proposed district plan under section 175(2)
2: The conditions applying to the designation are specified in Part 2
3: The land to which the designation applies is shown in figure 1
4: The provisions of the Resource Management Act 1991
5: The following provisions of the Resource Management Act 1991
a: section 174
b: section 176(1)﻿(b)
c: section 176A
6: The designation provided for by subsection (1) has effect on and after the commencement of this Act.
2: Authorities relating to archaeological sites
10: Authority to destroy, damage, or modify archaeological site
1: The authorities to destroy, damage, or modify any archaeological site or sites specified in Part 1 Part 2
2: The authorities granted under this section have the same force and effect as if they had been granted under section 14
3: The following provisions of the Historic Places Act 1993
a: section 15
b: section 16(1)﻿(b)
c: section 20
4: Despite section 17
5: Despite sections 14(10) 20A
a: commences on the date that this Act comes into force; and
b: lapses on 31 July 2015 unless, on or before that date,—
i: work of any kind relevant to the authority has been commenced; or
ii: an application has been made by the Agency to the New Zealand Historic Places Trust (Pouhere Taonga) to extend the period before which the authority lapses.
3: Building consents
11: Interpretation
In this subpart and in Schedules 5 6 building code building levy building work certificate of acceptance code compliance certificate determination section 7
12: Building consents granted
1: The building consents specified in Part 1 Part 2
2: The building consents specified in Part 1 Part 2
3: The building consents granted by subsections (1) and (2) have the same force and effect as if they had been granted under section 49(1) section 51
4: A building consent granted by this section—
a: commences on the date that this Act comes into force; and
b: despite section 52
i: any building work relevant to the consent has been commenced; or
ii: the building consent authority that would, but for this Act, have granted the building consents, allows a further period before which the building consent lapses.
13: Payment of building levies
1: Despite sections 53 54 section 12 section 53(2)
2: The Agency and the chief executive of the Ministry must each pay the building levies not later than 20 working days after being advised of the amount payable under section 54
14: Certificate of code compliance and certificate of acceptance
1: Despite section 92(1) section 12
2: Despite section 96(1) section 97 section 12
3: However, if the Agency or the chief executive of the Ministry has already paid a building levy in accordance with section 13 section 97(e)
15: Determination of compliance
1: Sections 177 to 190 section 12
2: However, the Agency or the chief executive of the Ministry, as appropriate, may apply in accordance with section 178 section 12
16: Use of Park or roading network
1: Despite sections 362A 363 section 12 Act
2: However, subsection (1) applies only if the territorial authority has issued a certificate for public use in accordance with section 363A
4: Access to property and granting of property rights
17: Powers of entry
1: The Agency is authorised to exercise the powers of entry specified in Part 1 Part 2
2: The chief executive of the Ministry is authorised to exercise the powers of entry specified in Part 1 Part 2
3: The authorities granted under this section have the same force and effect as if they had been granted by the Minister of Lands under section 111
4: Section 111(2) to (5)
18: Property rights granted
1: The property rights specified in Part 3 Part 4
2: The property rights specified in Part 3 Part 4
3: The property rights granted under this section have the same force and effect as if they had been taken by proclamation under section 26
4: A property right granted under this section is deemed to be an interest in land for the purposes of the Public Works Act 1981
5: Sections 18 23 24 25 26(1)
5: Certification of plans and documents
Plans and documents prepared by Agency
19: Preparation of draft plans and documents
1: This section and sections 20 to 22
2: A plan or document to which this section applies must—
a: be prepared in draft and a copy of the draft plan or document made available on the Agency's Internet site as soon as practicable; and
b: be certified as being consistent with, and giving effect to, the condition to which it relates.
20: Appointment of experts for certification
1: The Agency must, as required, appoint persons with the appropriate expertise and experience to act as independent certifiers of draft plans or documents for which certification is required.
2: Before appointing a certifier, the Agency must consult each relevant authorising body.
21: Certification
1: The Agency must submit draft plans or documents for certification to the certifier appointed for the purpose.
2: A certifier must, within 15 working days after the date that a draft plan or document is received,—
a: certify by notice in writing to the Agency, with reasons, that a draft plan or document meets the requirements of section 19(2)﻿(b)
b: if the certifier is not satisfied in any particular case that a draft plan or document meets those requirements, direct the Agency by notice in writing, with reasons, to modify the plan or document in the manner specified so that the plan or document does meet the requirement.
3: As soon as practicable after receiving notice under subsection (2)﻿(a), the Agency must make the certified plan or document available on its Internet site, together with the certifier's reasons.
4: However, if the certifier does not, on or before the date required by subsection (2), give notice to the Agency of the certifier's decision, the Agency may make the plan or document available on its Internet site as if the plan or document had been certified in accordance with subsection (2)﻿(a), with advice that the certifier's determination had not been received by the Agency by the due date.
22: Alternative certification process
1: If the Agency is directed under section 21(2)﻿(b)
a: make the modifications as directed; and
b: as soon as practicable, make the plan and documents, as modified, available on its Internet site, together with the certifier's reasons.
2: However, if the Agency determines, on reasonable grounds, that a direction would have a significant adverse impact on the ability of the Agency or the chief executive of the Ministry to achieve the purpose of this Act, the Agency—
a: need not make the modification, whether wholly or in part, as directed; but
b: must make the plan or document available on its Internet site, together with the reasons for not making the modification as directed.
3: The Agency must, in making a determination under subsection (2), take into account—
a: whether the modification as directed would—
i: be likely to result in a significant increase in the cost of any aspect of the work required for the creation of the Park or the reconstruction or alteration of the roading network:
ii: cause a delay that would significantly prejudice the timely completion of the Park or the reconstruction or alteration of the roading network:
iii: be outside the statutory powers or functions of the Agency:
iv: be within the statutory responsibility of another person, body, or agency; and
b: any other matters that the Agency considers relevant.
4: Plans and documents made available under subsection (1)﻿(b) or (2)﻿(b) or section 21(4) section 19(2)﻿(b) Plans and documents prepared by Ministry
23: Preparation of draft plans and documents
1: This section and section 24
2: A plan or document to which this section applies must—
a: be prepared in draft and a copy of the draft plan or document made available on the Ministry's Internet site as soon as practicable; and
b: be certified as being consistent with, and giving effect to, the condition to which it relates.
24: Certification
1: The chief executive of the Ministry must submit draft plans or documents for certification to the relevant authorising body.
2: The authorising body must, not later than 20 working days after the date that a plan or document is received,—
a: certify by notice in writing to the chief executive of the Ministry, with reasons, that the draft plan or document meets the requirements of section 23(2)﻿(b)
b: if the authorising body is not satisfied that a draft plan or document meets those requirements, direct the chief executive of the Ministry by notice in writing to modify the plan or document in the manner specified, with reasons, so that the plan or document does meet the requirement.
3: As soon as practicable after receiving notice under subsection (2)﻿(a), the chief executive of the Ministry must make the certified plan or document available on the Ministry's Internet site, together with the reasons of the authorising body.
4: However, if the authorising body does not, on or before the date required by subsection (2), give notice to the chief executive of the Ministry of its decision, the chief executive of the Ministry may make the plan or document available on the Ministry's Internet site as if the plan or document had been certified in accordance with subsection (2)﻿(a), with advice that the determination of the relevant authorising body had not been received by the chief executive by the due date.
5: If the chief executive of the Ministry is directed under subsection (2)﻿(b), the chief executive must—
a: make the modifications as directed; and
b: as soon as practicable, make the certified plan or document available on the Ministry's Internet site.
6: If the chief executive of the Ministry determines, on reasonable grounds, that a direction given under subsection (2)﻿(b) would have a significant adverse impact on the ability of the chief executive of the Ministry or the Agency to achieve the purpose of this Act, the chief executive—
a: need not make the modification, whether wholly or in part, as directed; but
b: must make the plan or document available on the Ministry's Internet site, together with the reasons for not making the modification as directed.
7: The chief executive of the Ministry must, in making a determination under subsection (6), take into account—
a: whether the modification as directed would—
i: be likely to result in a significant increase in the cost of any aspect of the work required for the creation of the Park or the reconstruction or alteration of the roading network:
ii: cause a delay that would significantly prejudice the timely completion of the Park or the reconstruction or alteration of the roading network:
iii: be outside the statutory powers or functions of the chief executive of the Ministry:
iv: be within the statutory responsibility of any person, body, or agency other than the chief executive of the Ministry; and
b: any other matters that the chief executive of the Ministry considers relevant.
8: Plans and documents made available under subsection (4), (5)﻿(b), or (6)﻿(b) are deemed to have been certified as meeting the requirements of section 23(2)﻿(b)
6: Orders in Council
25: Governor-General may make Orders in Council for purpose of Act
Section 25 repealed 1 August 2015 section 26
26: Expiry of section 25
Section 25 2015-08-01 National War Memorial Park (Pukeahu) Empowering Act 2012 Section 26 expires and is repealed on the close of 31 July 2015. Review panel
27: National War Memorial Park Review Panel
1: The Minister must appoint a National War Memorial Park Review Panel of up to 3 persons with relevant expertise or appropriate skills, 1 of whom must be a former or retired Judge of the High Court or a lawyer (as defined in section 6
2: A member of the National War Memorial Park Review Panel must be appointed by notice of appointment in writing that states—
a: the date on which the appointment takes effect; and
b: the term of the appointment.
3: The Minister must appoint one of the appointed members to be the convener of the National War Memorial Park Review Panel.
4: An appointed member vacates office if he or she—
a: is removed by written notice given by the Minister; or
b: resigns by written notice given to the Minister.
5: The chief executive of the Ministry must provide administrative support for the National War Memorial Park Review Panel.
28: Function of National War Memorial Park Review Panel
1: The function of the National War Memorial Park Review Panel is to provide advice on request to the Minister or the Minister of Transport in relation to Orders in Council that may be required for the purpose of this Act.
2: All draft Orders in Council must be reviewed by the National War Memorial Park Review Panel before they are recommended under section 25
3: Within 3 working days after the date on which a draft Order in Council is received for review or any longer time allowed by the relevant Minister,—
a: the National War Memorial Park Review Panel must review the draft; and
b: the convener must give the relevant Minister a report that includes the panel's recommendations.
4: A review by the National War Memorial Park Review Panel may be conducted in any manner the convener thinks appropriate, including by telephone or video conference.
5: The convener has a casting vote if there is an equality of votes.
6: The relevant Minister must publicly notify the National War Memorial Park Review Panel's recommendations on a draft Order in Council.
7: The relevant Minister must, as soon as practicable after receiving the National War Memorial Park Review Panel's recommendations on a draft Order in Council, present a copy to the House of Representatives.
29: Further reporting by National War Memorial Park Review Panel
1: On the date that is 6 months after the commencement of this Act, and subsequently at intervals of 6 months, the National War Memorial Park Review Panel must report to the Minister on the use of the power under section 25
2: The Minister must, as soon as practicable after receiving the National War Memorial Park Review Panel's report required by subsection (1), present a copy to the House of Representatives.
30: Procedure for recommending Order in Council
In making a recommendation under section 25
a: take into account the purposes of this Act; and
b: have regard to the recommendations of the National War Memorial Park Review Panel.
31: Further provisions about Orders in Council
1: This section applies to Orders in Council made under section 25
2: An order must not be held invalid just because—
a: it is, or authorises any act or omission that is, inconsistent with any enactment listed in section 25(2)
b: it confers any discretion on, or allows any matter to be determined or approved by, any person.
3: An order may be expressed to come into force on a day that is before, on, or after the date on which it is made, but not earlier than the date on which this Act comes into force; and the order comes into force or, as the case may be, is deemed to have come into force accordingly.
4: An order may be retrospective only to the extent provided for in subsection (3).
5: So far as it is authorised by this Act, an order has the force of law as if it were enacted as a provision of this Act. Parliamentary scrutiny of Orders in Council
32: Order in Council under section 25 to be presented to House of Representatives promptly
Every Order in Council made under section 25
33: Disallowance of Order in Council under section 25
An Order in Council made under section 25
34: Disallowance has effect of revocation
An Order in Council made under section 25 section 33
35: Notice of resolution to disallow Order in Council under section 25
1: If the House of Representatives resolves to disallow an Order in Council made under section 25
2: The notice must show the date on which the resolution was agreed to and be accompanied by the text of the resolution.
3: The notice is conclusive evidence of the day on which the resolution was agreed to.
4: The Chief Parliamentary Counsel must arrange for the notice to be printed and published under section 4
36: Application of Regulations (Disallowance) Act 1989
An Order in Council made under section 25 Regulations (Disallowance) Act 1989
7: Community forum
37: Community forum
2015-08-01 National War Memorial Park (Pukeahu) Empowering Act 2012 This section expires and is repealed on the close of 31 July 2015. Section 37 repealed 1 August 2015 section 37(5)
8: Amendments, etc, to statutory authorisations after 31 July 2015
38: Amendments, etc, to statutory authorisations after 31 July 2015
1: Nothing in section 8(4) Resource Management Act 1991 section 8
2: Nothing in section 9(5) Resource Management Act 1991 section 9
3: Nothing in section 10(3) to (5) Historic Places Act 1993 section 10
4: Nothing in subpart 5