Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

1: Title
This Act is the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 July 2014.
3: 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 2(1) this Act brought into force 28 June 2013 clause 2 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act Commencement Order 2013 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
1: Outline, definitions, and application
3: Outline of Act
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act. Part 1
2: Subpart 1—
a: defines terms used in the Act; and
b: provides that the Act binds the Crown; and
c: provides for the application of the Act to the ships and aircraft of the New Zealand Defence Force and foreign States.
3: Subpart 2
a: sets out the purpose of the Act; and
b: provides that the Act continues or enables the implementation of New Zealand's international obligations relating to the marine environment; and
c: specifies how the Crown's responsibility to give effect to the principles of the Treaty of Waitangi is recognised and respected by provisions of the Act.
4: Subpart 3
a: the Minister's power to direct the EPA in relation to certain powers, duties, or functions exercised or performed by the EPA; and
b: the EPA's power to delegate its decision-making function in relation to applications for marine consents to a committee or a board of inquiry hearing a resource consent application in relation to the same cross-boundary activity. Part 2
5: Subpart 1
5A: Subpart 2
5B: Subpart 3
a: sets out, in sections 21 23
b: provides, in section 22
c: requires, in section 24
5C: Subpart 4
a: imposes, in section 25
b: clarifies, in section 26 Part 3
6: Part 3 Part 3A
7: Subpart 1
8: Subpart 2
8A: Subparts 2A to 2D
a: applying for marine consents; and
b: disclosure and notification of applications for marine consents and the making of submissions; and
c: consideration of applications for marine consents, including the appointment of boards of inquiry for applications relating to publicly notifiable section 20 activities; and
d: deciding applications for marine consents, including the matters that must be considered by the marine consent authority deciding the application.
8B: Subpart 2E
9: Subpart 3
9A: Subpart 4 Part 4
10: Subpart 1
10A: Subparts 1A 1B
10B: Subpart 1C
11: Subpart 2
a: the Environment Court to issue enforcement orders under section 115
b: enforcement officers to serve abatement notices under section 125
c: offences and penalties
d: the appointment of enforcement officers under section 138 Part 5
12: Subpart 1
a: protection of the Crown and others from liability; and
b: cost recovery; and
c: service of documents; and
d: provision for the incorporation by reference into regulations of written material; and
e: protection of sensitive information; and
f: waivers and extension of time limits.
13: Subpart 2
14: Subpart 3 Acts, regulations, and marine protection rules Section 3(5) replaced 31 October 2015 section 4(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 3(5A) inserted 31 October 2015 section 4(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 3(5B) inserted 31 October 2015 section 4(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 3(5C) inserted 31 October 2015 section 4(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 3(6) replaced 1 June 2017 section 209(1) Resource Legislation Amendment Act 2017 Section 3(7) heading inserted 1 June 2017 section 209(1) Resource Legislation Amendment Act 2017 Section 3(7) replaced 1 June 2017 section 209(1) Resource Legislation Amendment Act 2017 Section 3(8) replaced 1 June 2017 section 209(1) Resource Legislation Amendment Act 2017 Section 3(8A) replaced 1 June 2017 section 209(1) Resource Legislation Amendment Act 2017 Section 3(8B) inserted 1 June 2017 section 209(1) Resource Legislation Amendment Act 2017 Section 3(9A) inserted 1 June 2017 section 209(2) Resource Legislation Amendment Act 2017 Section 3(10) replaced 1 June 2017 section 209(3) Resource Legislation Amendment Act 2017 Section 3(10A) inserted 1 June 2017 section 209(3) Resource Legislation Amendment Act 2017 Section 3(10B) inserted 1 June 2017 section 209(3) Resource Legislation Amendment Act 2017 Section 3(11)﻿(c) amended 31 October 2015 section 4(4) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 3(14) amended 31 October 2015 section 4(5) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
4: Interpretation
1: In this Act, unless the context otherwise requires,— abatement notice section 125 accepted decommissioning plan section 100B activity
a: in relation to the exclusive economic zone and continental shelf, means an activity described in section 20 subpart 2
b: in relation to the sea above the continental shelf beyond the outer limits of the exclusive economic zone, means an activity described in subpart 2 adaptive management approach section 64(2) applicant section 38 chief executive consent holder holder section 62 section 75 continental shelf section 2(1) Crown organisation section 4 customary marine title group section 9(1) department discharge
a: includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but
b: does not include dumping discretionary activity section 36(1) disturb dumping
a: means—
i: any deliberate disposal into the sea of waste or other matter from ships, aircraft, and structures at sea; and
ii: any deliberate disposal into the sea of ships, aircraft, and structures at sea; and
iii: any storage of waste or other matter in the seabed and the subsoil of the seabed from ships, aircraft, and structures at sea; and
iv: any abandonment or toppling at site of structures at sea for the sole purpose of deliberate disposal; but
b: does not include—
i: the disposal into the sea of waste or other matter incidental to, or derived from, the normal operations of ships, aircraft, and structures at sea and their equipment, other than waste or other matter transported by or to ships, aircraft, and structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such waste or other matter on such ships, aircraft, and structures; or
ii: placement of matter for a purpose other than the mere disposal of the matter, but only if the placement is not contrary to the aims of the 1996 Protocol to the London Convention; or
iii: abandonment in the sea of matter (for example, cables, pipelines, and marine research devices) placed for a purpose other than the mere disposal of it; and
c: does not include the disposal or storage of waste or other matter directly arising from, or related to, the exploration, exploitation, and associated offshore processing of seabed mineral resources EEZ policy statement section 37D emergency dumping consent section 20H enforcement officer section 138 enforcement order section 115 environment
a: New Zealand:
b: the exclusive economic zone:
c: the continental shelf:
d: the waters beyond the exclusive economic zone and above and beyond the continental shelf Environmental Protection Authority EPA section 7 exclusive economic zone section 9 existing interest
a: any lawfully established existing activity, whether or not authorised by or under any legislation
b: any activity that may be undertaken under the authority of an existing marine consent granted under section 62
c: any activity that may be undertaken under the authority of an existing resource consent granted under the Resource Management Act 1991
d: the settlement of a historical claim under the Treaty of Waitangi Act 1975
e: the settlement of a contemporary claim under the Treaty of Waitangi as provided for in an Act, including the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
f: a protected customary right or customary marine title recognised under the Marine and Coastal Area (Takutai Moana) Act 2011 harmful substance impact assessment section 39 incinerate at sea
a: means to deliberately dispose of waste or other matter by thermal destruction on board a ship or a structure at sea; but
b: does not include incinerating on board a ship or structure at sea waste or other matter that has been generated during the normal operation of a ship or a structure while at sea information information principles sections 34 61 London Convention Māori Advisory Committee section 18 marine consent consent
a: a marine consent (including a marine discharge consent or a marine dumping consent) granted under section 62
b: an emergency dumping consent marine consent authority
a: in the case of a non-notified activity, the EPA:
b: in the case of a publicly notifiable activity that is a section 20 activity,—
i: a board of inquiry appointed under section 52
ii: the EPA—
A: before a board of inquiry is appointed:
B: in respect of any matter that is outside the scope of the functions, powers, and duties of the board of inquiry:
c: in the case of a publicly notifiable activity other than a section 20 activity, the EPA marine discharge consent under section 62 marine dumping consent under section 62 mineral section 2(1) mining activity
a: the identification of areas of the seabed likely to contain mineral deposits; or
b: the identification of mineral deposits; or
c: the taking or extraction of minerals from the sea or seabed, and associated processing of those minerals mining discharge Minister natural resources
a: in relation to the exclusive economic zone, includes seabed, subsoil, water, air, minerals, and energy, and all forms of organisms (whether native to New Zealand or introduced); and
b: in relation to the continental shelf, means the mineral and other non-living resources of the seabed and subsoil and sedentary species New Zealand ship
a: means a ship that is registered under the Ship Registration Act 1992
b: includes a ship that is not registered under that Act but that is required or entitled to be registered under that Act New Zealand structure
a: a New Zealand citizen; or
b: a person ordinarily resident in New Zealand; or
c: a company registered under the Companies Act 1993 non-notified activity
a: is described in regulations as non-notified; or
b: is an activity for which regulations provide that an application for a marine consent is not to be publicly notified; or
c: is the subject of an application to which section 38(3) notice of review section 78 offshore installation
a: includes an artificial structure used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral; but
b: does not include a ship or a pipeline permitted activity is a permitted activity section 35(1) person section 5 prescribed prohibited activity is a prohibited activity section 37(1) protected customary rights group section 9(1) public notice section 7A publicly notifiable activity publicly notifiable application radioactive waste or other radioactive matter Radiation Safety Act 2016 regional council
a: has the same meaning as in section 5
b: includes a unitary authority within the meaning of that Act regulations review section 76 section 20 activity section 20(2) or (4) sedentary species
a: are immobile on or under the seabed; or
b: are unable to move except in constant physical contact with the seabed or subsoil serve section 148 149 service ship section 2(1) standard section 27 structure
a: means any building, equipment, or device; and
b: includes an offshore installation, an artificial island, or a floating platform; but
c: does not include a submarine pipeline submarine cable section 2 submarine pipeline section 2 submission submitter section 47 threatened species
a: falls within the definition of threatened species in section 2(1)
b: is declared to be a threatened species or an at-risk species by the Minister of Conservation under section 19 toxic or hazardous waste treat wāhi tapu section 6 warship section 2(1) waste or other matter working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 10 January in the following year.
2: The following terms have the same meanings as in section 2(1)
a: biological diversity
b: iwi authority
c: region
d: tikanga Māori Section 4(1) accepted decommissioning plan inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) activity replaced 31 October 2015 section 5(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) applicant amended 1 June 2017 section 210(1) Resource Legislation Amendment Act 2017 Section 4(1) customary marine title group inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) discharge inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) dumping replaced 1 June 2017 section 210(2) Resource Legislation Amendment Act 2017 Section 4(1) EEZ policy statement inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) emergency dumping consent inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) existing interest amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(1) harmful substance inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) incinerate at sea inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) London Convention inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) marine consent repealed 1 June 2017 section 210(3) Resource Legislation Amendment Act 2017 Section 4(1) marine consent consent inserted 1 June 2017 section 210(3) Resource Legislation Amendment Act 2017 Section 4(1) marine consent authority inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) marine discharge consent inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) marine discharge consent amended 1 June 2017 section 210(4) Resource Legislation Amendment Act 2017 Section 4(1) marine dumping consent inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) marine dumping consent amended 1 June 2017 section 210(4) Resource Legislation Amendment Act 2017 Section 4(1) mineral inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) mining activity inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) mining discharge inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) New Zealand ship inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) New Zealand structure inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) non-notified activity inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) non-notified activity amended 1 June 2017 section 210(5) Resource Legislation Amendment Act 2017 Section 4(1) non-notified activity inserted 1 June 2017 section 210(6) Resource Legislation Amendment Act 2017 Section 4(1) offshore installation inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) permitted activity amended 1 June 2017 section 210(7) Resource Legislation Amendment Act 2017 Section 4(1) prohibited activity amended 1 June 2017 section 210(8) Resource Legislation Amendment Act 2017 Section 4(1) protected customary rights group inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) public notice replaced 1 June 2017 section 210(9) Resource Legislation Amendment Act 2017 Section 4(1) publicly notifiable activity inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) publicly notifiable application inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) radioactive waste or other radioactive matter inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) radioactive waste or other radioactive matter amended 7 March 2017 section 99 Radiation Safety Act 2016 Section 4(1) section 20 activity inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) ship inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) structure replaced 31 October 2015 section 5(5) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) submitter amended 1 June 2017 section 210(10) Resource Legislation Amendment Act 2017 Section 4(1) toxic or hazardous waste inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) treat inserted 1 June 2017 section 210(11) Resource Legislation Amendment Act 2017 Section 4(1) wāhi tapu amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 4(1) waste or other matter replaced 31 October 2015 section 5(6) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) working day inserted 28 February 2014 section 5(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 4(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
5: Successors
1: In this Act, unless the context otherwise requires, any reference to a person
2: For the purposes of this Act, where the person is a body of persons that is unincorporated, the successor includes a body of persons that is corporate and composed of substantially the same members.
6: Meaning of effect
1: In this Act, unless the context otherwise requires, effect
a: any positive or adverse effect; and
b: any temporary or permanent effect; and
c: any past, present, or future effect; and
d: any cumulative effect that arises over time or in combination with other effects; and
e: any potential effect of high probability; and
f: any potential effect of low probability that has a high potential impact.
2: Subsection (1)﻿(a) to (d) apply regardless of the scale, intensity, duration, or frequency of the effect.
7: Meaning of marine management regime
1: In this Act, unless the context otherwise requires, marine management regime
a: territorial sea:
b: exclusive economic zone:
c: continental shelf.
2: The marine management regimes referred to in this section include those established under the following Acts:
a: Biosecurity Act 1993
b: Continental Shelf Act 1964
c: Crown Minerals Act 1991
d: Defence Act 1990
e: Fiordland (Te Moana o Atawhenua) Marine Management Act 2005
f: Fisheries Act 1996
g: Hauraki Gulf Marine Park Act 2000
ga: Kaikōura (Te Tai o Marokura) Marine Management Act 2014
h: Marine and Coastal Area (Takutai Moana) Act 2011
i: Marine Mammals Protection Act 1978
j: Marine Reserves Act 1971
k: Maritime Transport Act 1994
l: Resource Management Act 1991
m: Submarine Cables and Pipelines Protection Act 1996
n: Wildlife Act 1953 Section 7(2)﻿(ga) inserted 8 August 2014 section 30 Kaikōura (Te Tai o Marokura) Marine Management Act 2014
7A: Meaning of public notice
1: If this Act requires the Environmental Protection Authority to give public notice
a: publish on its Internet site a notice that—
i: includes all the information that is required to be publicly notified; and
ii: is in the prescribed form (if any); and
b: publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in—
i: the cities of Auckland, Wellington, Christchurch, and Dunedin; and
ii: the region adjacent to the area that is the subject of the matter to which the notice relates.
2: The notice and the short summary of the notice must be worded in a way that is clear and concise. Section 7A inserted 1 June 2017 section 211 Resource Legislation Amendment Act 2017
7B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 7B inserted 1 June 2017 section 211 Resource Legislation Amendment Act 2017
8: Act binds the Crown
1: This Act binds the Crown, except as provided in this section and section 9
2: This Act does not apply to any work or activity of the Crown that the Minister of Defence certifies is necessary for reasons of national security.
3: An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—
a: the instrument of the Crown is a Crown organisation; and
b: the order is made against the Crown organisation in its own name.
4: Subsection (3) applies despite section 17(1)﻿(a)
5: An instrument of the Crown may be prosecuted for an offence against this Act only if—
a: the instrument of the Crown is a Crown organisation; and
b: the offence is alleged to have been committed by the Crown organisation; and
c: the proceedings are commenced—
i: by the EPA or an enforcement officer; and
ii: against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
iii: in accordance with the Crown Organisations (Criminal Liability) Act 2002
6: However, subsection (5) is subject to section 8(4)
7: If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—
a: making an enforcement order against it; and
b: enforcing an enforcement order in relation to it.
8: Except to the extent and in the manner provided for in subsections (3) to (7), the Crown may not—
a: have an enforcement order made against it; or
b: be prosecuted for an offence against this Act.
9: Application to ships and aircraft of New Zealand Defence Force and foreign States
1: This Act does not apply to any of the following:
a: warships of the New Zealand Defence Force:
b: warships of any other State:
c: aircraft of the New Zealand Defence Force:
d: aircraft of the defence forces of any other State:
e: any ship owned or operated by any State other than New Zealand, if the ship is being used by the State for wholly governmental purposes:
f: the master and crew of any warship, aircraft, or ship referred to in paragraphs (a) to (e):
g: defence areas as defined in section 2
1A: However, the following provisions of this Act do apply to warships and other ships of the New Zealand Defence Force:
a: subparts 2 3 4
b: regulations made under sections 29A 29C
c: subparts 2A to 2E
d: sections 134 to 134M
2: In this section, a ship that is being used for commercial purposes, or both commercial and governmental purposes, is not being used for wholly governmental purposes. Section 9(1A) inserted 31 October 2015 section 6 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 9(1A)﻿(c) replaced 1 June 2017 section 212 Resource Legislation Amendment Act 2017
2: Purpose and principles
10: Purpose
1: The purpose of this Act is—
a: to promote the sustainable management of the natural resources of the exclusive economic zone and the continental shelf; and
b: in relation to the exclusive economic zone, the continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone, to protect the environment from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter.
2: In this Act, sustainable management
a: sustaining the potential of natural resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
b: safeguarding the life-supporting capacity of the environment; and
c: avoiding, remedying, or mitigating any adverse effects of activities on the environment.
3: In order to achieve the purpose, decision-makers must—
a: take into account decision-making criteria specified in relation to particular decisions; and
b: apply the information principles to the development of regulations under section 27 29A 29B 29E Section 10(1) replaced 31 October 2015 section 7 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 10(3)﻿(b) amended 1 June 2017 section 213 Resource Legislation Amendment Act 2017
11: International obligations
This Act continues or enables the implementation of New Zealand's obligations under various international conventions relating to the marine environment, including—
a: the United Nations Convention on the Law of the Sea 1982:
b: the Convention on Biological Diversity 1992:
c: the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL):
d: the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, 1972 (the London Convention). Section 11(c) inserted 31 October 2015 section 8 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 11(d) inserted 31 October 2015 section 8 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
12: Treaty of Waitangi
In order to recognise and respect the Crown's responsibility to give effect to the principles of the Treaty of Waitangi for the purposes of this Act,—
a: section 18 marine consent authorities
b: section 32
c: sections 33 59 a marine consent authority
d: section 46 Section 12(a) amended 1 June 2017 section 214(1) Resource Legislation Amendment Act 2017 Section 12(c) amended 1 June 2017 section 214(2) Resource Legislation Amendment Act 2017 Section 12(d) amended 1 June 2017 section 214(3) Resource Legislation Amendment Act 2017
3: Functions, duties, and powers
Functions, duties, and powers
13: Functions of Environmental Protection Authority
1: The Environmental Protection Authority has the following functions:
a: to decide applications for marine consents:
b: to monitor compliance with this Act:
c: to enforce the requirements of this Act, and of regulations made and consents granted under it:
d: to approve forms for the purposes of—
i: Part 3A
ii: sections 101 to 103
iii: sections 125 to 128
e: to promote public awareness of the requirements of this Act:
ea: to provide advice and administrative and secretarial services to boards of inquiry:
f: to perform any other function specified in this Act.
2: However, the EPA may not approve a form for a purpose if a form has been prescribed by regulations for the same purpose. Section 13(1)﻿(d)﻿(i) replaced 1 June 2017 section 215(1) Resource Legislation Amendment Act 2017 Section 13(1)﻿(ea) inserted 1 June 2017 section 215(2) Resource Legislation Amendment Act 2017
14: Restriction on ministerial direction to Environmental Protection Authority
The Minister may not give a direction under section 103 section 13(a) and (c) Parts 3A 4 Section 14 amended 11 July 2018 section 4 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2018
15: Powers of Environmental Protection Authority
The Environmental Protection Authority has all the powers that are reasonably necessary to enable it to carry out its functions under this Act.
16: Restriction on Environmental Protection Authority's power to delegate
1: Despite section 17 under section 62 section 81 82
a: a committee appointed under clause 14
b: a board of inquiry as provided for in section 99(2)
2: In subsection (1), a reference to a marine consent does not include a marine discharge consent or a marine dumping consent. Section 16(1) amended 31 October 2015 section 10 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 16(2) inserted 1 June 2017 section 216 Resource Legislation Amendment Act 2017
17: Environmental Protection Authority to keep records
1: The Environmental Protection Authority must keep records and make available information—
a: that is relevant to the performance of its functions under this Act; and
b: in particular, to enable the public and persons undertaking or proposing to undertake activities in the exclusive economic zone or in or on the continental shelf to be better informed of their duties and of the functions, powers, and duties of the EPA and to participate effectively under this Act.
2: In particular, the EPA must keep and make available—
a: copies of all material incorporated by reference into regulations; and
b: records of every—
i: application for a marine consent:
ii: decision made by the EPA on or related to an application for a consent:
iii: change to the conditions of a consent:
iv: cancellation of a consent:
v: notice of review and decision on a review:
vi: transfer of a marine consent:
vii: objection and decision on an objection; and
c: a summary of all written complaints received in the preceding 5 years (or if the Act has been in force for less than 5 years then for the period that the Act has been in force) concerning alleged breaches of the Act, regulations, or the conditions of a marine consent, and information explaining how the EPA dealt with each complaint.
3: In this section, make available
4: Section 158 Māori Advisory Committee
18: Function of Māori Advisory Committee
The Māori Advisory Committee may provide advice as follows:
a: to the Environmental Protection Authority in accordance with sections 19 20
b: to a marine consent authority, if its advice is sought under section 56(1)﻿(b) Section 18 replaced 1 June 2017 section 217 Resource Legislation Amendment Act 2017 Power of Minister of Conservation
19: Power of Minister of Conservation to declare threatened species
1: The Minister of Conservation may
2: The Minister must not declare a marine species to be threatened or at-risk unless the species is classified as threatened or at-risk under the New Zealand Threat Classification System.
3: In this section, New Zealand Threat Classification System
4: A declaration 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 19(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Duties, restrictions, and prohibitions
Part 2 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
1: Restrictions on activities other than discharges and dumping
Subpart 1 heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20: Restriction on activities other than discharges and dumping
1: No person may undertake an activity described in subsection (2) in the exclusive economic zone or in or on the continental shelf unless the activity is a permitted activity or authorised by a marine consent or section 21 22 23
2: The activities referred to in subsection (1) are—
a: the construction, placement, alteration, extension, removal, or demolition of a structure on or under the seabed:
b: the construction, placement, alteration, extension, removal, or demolition of a submarine pipeline on or under the seabed:
ba: the abandonment of a submarine pipeline that is on or under the seabed:
c: the placement, alteration, extension, or removal of a submarine cable on or from the seabed:
d: the removal of non-living natural material from the seabed or subsoil:
e: the disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on the seabed or subsoil:
f: the deposit of any thing or organism in, on, or under the seabed:
g: the destruction, damage, or disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on marine species or their habitat.
3: No person may undertake an activity described in subsection (4) in the sea of the exclusive economic zone unless the activity is a permitted activity or authorised by a marine consent or section 21 22 23
4: The activities referred to in subsection (3) are—
a: the construction, mooring or anchoring long-term, placement, alteration, extension, removal, or demolition of a structure, part of a structure, or a ship used in connection with a structure:
b: the causing of vibrations (other than vibrations caused by the propulsion of a ship) in a manner that is likely to have an adverse effect on marine life:
c: the causing of an explosion.
5: However, this section does not apply to—
a: the discharge of harmful substances; or
b: the dumping of waste or other matter; or
c: lawful fishing for wild fish under the Fisheries Act 1996 Section 20 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 20(2)﻿(ba) inserted 1 June 2017 section 218 Resource Legislation Amendment Act 2017
2: Restrictions and prohibitions on discharges and dumping
Subpart 2 heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Discharge of harmful substances Heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20A: Regulation under this subpart and Maritime Transport Act 1994 of discharges
1: This section describes how the discharge of harmful substances is regulated under this subpart and the Maritime Transport Act 1994
2: In relation to the discharge of harmful substances, this subpart regulates—
a: discharges into the exclusive economic zone and into or onto the seabed below it from—
i: structures:
ii: submarine pipelines:
iii: ships, if the discharge is a mining discharge:
b: discharges into or onto the continental shelf beyond the exclusive economic zone or into the sea above that part of the continental shelf from—
i: New Zealand structures:
ii: structures (other than New Zealand structures) involved in a mining activity:
iii: submarine pipelines:
iv: ships, if the discharge is a mining discharge.
3: The Maritime Transport Act 1994
a: the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone:
b: the discharge of harmful substances (other than a mining discharge) into the sea above the continental shelf beyond the exclusive economic zone and the seabed below that sea from a New Zealand ship or from a foreign ship involved in a mining activity:
c: the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea. Section 20A inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20B: Restriction on discharges of harmful substances from structures and submarine pipelines
1: No person may discharge a harmful substance from a structure or from a submarine pipeline into the sea or into or onto the seabed of the exclusive economic zone.
2: No person may discharge a harmful substance into or onto the continental shelf beyond the outer limits of the exclusive economic zone or into the sea above that part of the continental shelf from—
a: a New Zealand structure; or
b: a structure (other than a New Zealand structure) involved in a mining activity; or
c: a submarine pipeline.
3: However, a person may discharge a harmful substance if the discharge is a permitted activity or authorised by a marine consent or section 21 22 23 Section 20B inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20C: Restriction on mining discharges from ships
1: No person may discharge a harmful substance (if the discharge is a mining discharge) from a ship—
a: into the sea of the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
2: However, a person may discharge the harmful substance in the circumstance described in subsection (1) if the discharge is a permitted activity or authorised by a marine consent or section 21 22 23 Section 20C inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Dumping of waste or other matter Heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20D: Regulation under this subpart and Maritime Transport Act 1994 of dumping
1: This section describes how the dumping of waste or other matter is regulated under this subpart and the Maritime Transport Act 1994
2: In relation to the exclusive economic zone and the continental shelf, this subpart—
a: prohibits—
i: the dumping of radioactive waste or other radioactive matter:
ii: the dumping of toxic or hazardous waste:
iii: the incineration of waste or other matter at sea; and
b: regulates—
i: the disposal of human remains other than ashes:
ii: the dumping of waste or other matter (other than waste or other matter described in paragraph (a)).
3: The Maritime Transport Act 1994 Section 20D inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20E: Prohibition on dumping radioactive waste or other radioactive matter
No person may dump radioactive waste or other radioactive matter—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf. Section 20E inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20F: Prohibition on dumping toxic or hazardous waste
No person may dump toxic or hazardous waste—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf. Section 20F inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20G: Restriction on dumping waste or other matter
1: This section applies to waste or other matter other than—
a: radioactive waste or other radioactive matter:
b: toxic or hazardous waste:
c: human remains.
2: No person may dump waste or other matter (including ships, aircraft, or structures)—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
3: However, a person may dump waste or other matter (including ships, aircraft, or structures) if—
a: regulations allow the dumping to be authorised by a marine consent and the dumping is authorised by a marine consent; or
b: the dumping is authorised by an emergency dumping consent and complies with any regulations for emergency dumping made under section 29B
c: the dumping is in accordance with section 248 249 Section 20G inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20H: Emergency dumping
1: Any person may apply to the Environmental Protection Authority for an emergency dumping consent to dump waste or other matter in an emergency—
a: into the waters of the exclusive economic zone:
b: into waters beyond the outer limits of the exclusive economic zone but over the continental shelf.
2: The EPA may issue an emergency dumping consent, in accordance with this section and regulations under section 29B
a: an emergency exists; and
b: the emergency poses an unacceptable risk to human health, safety, or the marine environment; and
c: the dumping of the waste or other matter is necessary to remove or reduce the risk; and
d: there is no feasible alternative to the dumping of the waste or other matter.
3: Before the EPA grants an emergency dumping consent, it must—
a: consult Maritime New Zealand and the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and
b: notify the International Maritime Organization that it has received an application for an emergency dumping consent.
4: The EPA may grant an emergency dumping consent subject to conditions.
5: The EPA may impose any conditions that it considers appropriate to deal with the effects of the dumping of waste or other matter on the environment or on human health or safety, including conditions that require the person issued with the consent to—
a: monitor, and report to the EPA on, the exercise of the permit and the effects of the dumping on the environment and human health and safety:
b: keep and maintain records of the waste or other matter dumped and the location of the dumping:
c: provide the EPA with any specified information that relates to the permit or its exercise.
6: The EPA may impose as a condition a requirement that the person granted the emergency dumping consent complies with—
a: any procedures for dumping recommended by the International Maritime Organization:
b: any procedures for dumping specified in the consent.
7: Before imposing a condition under subsection (6), the EPA must consider whether the condition is feasible in the circumstances after taking into account the urgency of the situation.
8: The EPA must make its decision on an application for an emergency dumping consent as soon as is reasonably practicable after the EPA is satisfied that the application is complete.
9: The EPA must notify the International Maritime Organization of every decision it makes under subsection (8) to grant or refuse an application for an emergency dumping consent. Section 20H inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20I: Prohibition on incinerating waste or other matter at sea
1: No person may incinerate waste or other matter in the exclusive economic zone.
2: No person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure in the sea above the continental shelf beyond the outer limits of the exclusive economic zone.
3: However, a person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure if the waste or other matter was generated during the normal operation of the ship or structure. Section 20I inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Burial at sea Heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
20J: Burial at sea
1: No person may dispose of human remains in the exclusive economic zone, or into or onto the continental shelf, unless—
a: the disposal complies with regulations made under this Act; and
b: the Environmental Protection Authority certifies, in writing, that the proposed disposal complies with the regulations.
2: However, subsection (1) does not apply to human remains that are ashes resulting from the cremation of human remains. Section 20J inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
3: Existing activities and planned petroleum activities
Subpart 3 heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
21: Certain existing activities may continue
1: This section applies to an existing activity if—
a: the activity is classified as a permitted activity by regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations
c: the activity is lawfully established before the new regulations come into force; and
d: the effects of the activity on the environment and existing interests are of the same or similar character, intensity, and scale as the effects that existed before the coming into force of the new regulations; and
e: the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a).
2: The activity may continue without a marine consent for a prescribed period or, if no period is prescribed for the activity, for 6 months from the date on which the new regulations come into force.
3: If the activity is a section 20 activity or a discharge of a harmful substance,
a: the application is decided under section 62
b: the application is returned as incomplete by the EPA under section 43
4: If the application for a marine consent described in subsection (3) is returned by the EPA under section 43
5: Section 21 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 21(3) amended 1 June 2017 section 219(1) Resource Legislation Amendment Act 2017 Section 21(3)﻿(b) amended 1 June 2017 section 219(2) Resource Legislation Amendment Act 2017 Section 21(4) replaced 1 June 2017 section 219(3) Resource Legislation Amendment Act 2017 Section 21(5) repealed 1 June 2017 section 219(3) Resource Legislation Amendment Act 2017
22: Planned petroleum activities may commence
1: This section applies to a planned petroleum activity if—
a: the activity is classified as a permitted activity by regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations
c: the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a).
2: The activity may commence without a marine consent after the new regulations come into force.
3: However, before the activity may commence, the person intending to undertake the activity must—
a: prepare an impact assessment for the activity; and
b: provide the impact assessment to the EPA.
4: Sections 40 to 43
5: If the person intending to undertake the activity complies with subsection (3), the activity may continue for a prescribed period or, if no period is prescribed for the activity, for 6 months from the date on which the new regulations come into force.
6: If the person undertaking the activity applies for a marine consent within the period described in subsection (5), the activity may continue after the period has expired until the application—
a: is decided under section 62
b: is returned as incomplete by the EPA under section 43
7: If the application for a marine consent described in subsection (6) is returned by the EPA under section 43
8:
9: In this section, planned petroleum activity
a: the exploration, prospecting, or mining for petroleum with which the activity is involved is authorised by a permit that is granted under section 25 clause 12
b: the activity had not commenced. Section 22 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 22(4) amended 1 June 2017 section 220(1) Resource Legislation Amendment Act 2017 Section 22(6)﻿(b) amended 1 June 2017 section 220(2) Resource Legislation Amendment Act 2017 Section 22(7) replaced 1 June 2017 section 220(3) Resource Legislation Amendment Act 2017 Section 22(8) repealed 1 June 2017 section 220(3) Resource Legislation Amendment Act 2017
23: Certain existing activities that become prohibited may continue
1: This section applies to an existing activity if—
a: the activity is classified as a permitted activity by regulations, or was authorised by a marine consent in accordance with the regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations
c: the activity becomes a prohibited activity as a result of the amendment or replacement of the regulations described in paragraph (a); and
d: the activity is lawfully established before the new regulations come into force.
2: The activity may continue—
a: for the duration of the consent, if the activity is authorised by a marine consent; or
b: for a period prescribed by regulations, if the activity is not authorised by a consent. Section 23 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Unauthorised activities Heading replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
24: Unauthorised activities must stop
1: This section applies to an activity authorised to continue by section 21 22 23
2: The person undertaking the activity must—
a: stop the activity; and
b: in stopping the activity, comply with any regulations or consent conditions that apply to the stopping of the activity; and
c: comply with any instructions of the Environmental Protection Authority that relate to stopping the activity. Section 24 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
4: General matters
Subpart 4 heading inserted 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
25: Duty of persons operating in exclusive economic zone or on continental shelf
1: This section applies to every person who carries out or proposes to carry out an activity in the exclusive economic zone, in or on the seabed of the continental shelf, or in the sea above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The person has—
a: a general duty to avoid, remedy, or mitigate the adverse effects of the activity on the environment; and
b: a duty to provide—
i: training and supervision to all of the person's employees who are engaged in the activity in order to ensure compliance with this Act, regulations, and any marine consent; and
ii: sufficient resources to the person's employees to ensure compliance with this Act, regulations, and any marine consent, including establishing appropriate management systems.
3: The duties referred to in subsection (2) are not enforceable against any person, and no person is liable to any other person for a breach of a duty.
4: However, despite subsection (3), an enforcement order may be made or an abatement notice may be served under Part 4 Section 25 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 25(4) amended 1 June 2017 section 221 Resource Legislation Amendment Act 2017
26: Relationship with other legal requirements
To avoid doubt,—
a: compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, and rules of law; and
b: compliance with any Act, regulations, or rule of law does not remove the need to comply with this Act. Section 26 replaced 31 October 2015 section 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
3: Regulations
Part 3 heading replaced 1 June 2017 section 222 Resource Legislation Amendment Act 2017
1: Regulations
Subpart 1 heading repealed 1 June 2017 section 222 Resource Legislation Amendment Act 2017 Regulation of certain activities and areas Heading amended 31 October 2015 section 12 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
27: Regulations prescribing standards, methods, or requirements
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe requirements, methods, or technical standards
a: activities described in section 20
b: the effects of the activities referred to in paragraph (a), including effects that occur in the territorial sea or in the sea above and beyond the continental shelf:
c: assessing the state of the environment of the exclusive economic zone and the continental shelf.
2: The regulations may include—
a: qualitative or quantitative standards:
b: methods for classifying a natural resource:
c: requirements in relation to methods, processes, or technology to implement standards:
d: transitional provisions, including provisions that—
i: prescribe a period in relation to an activity for the purposes of section 21 22 23
ii: specify when and to what extent regulations apply to an application for a marine consent made before the regulations come into force:
iii: provide for any other matters necessary for facilitating or ensuring an orderly transition when applicable regulations are amended or replaced.
3: However, the Minister must not recommend the making of regulations unless he or she is satisfied that the requirements of sections 32 to 34
4: Regulations under this section are 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(1) amended 28 February 2014 section 13(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 27(1)﻿(a) amended 31 October 2015 section 13(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 27(1)﻿(b) replaced 31 October 2015 section 13(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 27(2)﻿(d)﻿(i) amended 31 October 2015 section 13(4) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 27(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Regulations classifying areas of exclusive economic zone or continental shelf
1: Regulations made under section 27 or 29A
a: are important or especially vulnerable because of their biophysical characteristics; or
b: are important for specific uses; or
c: must be managed in co-ordination with other marine management regimes; or
d: are, or are likely to be, the subject of competition or conflict arising from the incompatibility of different activities; or
e: are experiencing, or likely to experience, cumulative adverse environmental effects.
2: The regulations may close an area of the exclusive economic zone or the continental shelf to all or any activities described in section 20 subpart 2 Section 28(1) amended 31 October 2015 section 14(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 28(2) amended 31 October 2015 section 14(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
29: Regulations classifying activities
1: Regulations made under section 27
a: prohibit an activity; or
b: allow an activity without a marine consent or describe the activity as permitted; or
c: allow an activity with a marine consent or describe the activity as discretionary; or
d: require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a regulation; or
e: require a person undertaking a specified permitted activity to give specified information about the activity to the Environmental Protection Authority.
2: If regulations provide for an activity to be a permitted activity, the regulations may specify terms and conditions that apply to the activity.
3: If regulations provide for an activity to be a discretionary activity, the regulations may specify—
a: terms and conditions that apply to the activity (including conditions described in section 63
b: the matters that must be addressed by terms and conditions imposed on the marine consent by the Environmental Protection Authority.
4: The regulations must not provide for an activity to be a permitted activity if, in the Minister's opinion,—
a: the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and
b: it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent. Regulation of discharges and dumping Heading inserted 28 February 2014 section 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
29A: Regulations for discharges and dumping
1: This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: prescribe requirements, methods, or technical standards for the discharge of harmful substances, the dumping of waste or other matter, and the effects of the discharge or dumping:
b: in relation to a harmful substance,—
i: prohibit its discharge; or
ii: allow the discharge without a marine consent or describe the discharge as permitted; or
iii: allow the discharge with a marine consent or describe the discharge as discretionary:
c: in relation to the dumping of specified waste or other matter (other than emergency dumping),—
i: prohibit the dumping; or
ii: allow the dumping with a marine consent or describe the dumping as discretionary.
3: However, the Minister must not recommend the making of regulations unless he or she is satisfied that the requirements of sections 32 34A
4: The regulations may— Harmful substances
a: prescribe a substance to be a harmful substance:
b: in relation to an offshore installation, regulate—
i: the removal or retention on board of a harmful substance:
ii: the stowage, packaging, containment, marking, labelling, documentation, and notification of a harmful substance carried in packaged form:
iii: plans for emergencies involving a harmful substance:
c: prescribe requirements and procedures for the discharge of water produced from geologic formations by a mining activity: Waste and other matter
d: prescribe waste or other matter to be toxic or hazardous waste:
e: specify the matters an applicant for a marine dumping consent must include in the impact assessment for the activity, in addition to the matters required by section 39
f: specify sites at which burial at sea may be approved:
g: specify criteria to be considered in deciding an application for a marine dumping consent or an application to change or cancel a condition of a marine dumping consent.
5: Regulations may apply to different classes of persons, ships involved in mining activities, offshore installations, or submarine pipelines.
6: Despite subsection (2)﻿(b)﻿(ii), the regulations must not provide for the discharge of a harmful substance to be a permitted activity if, in the Minister's opinion,—
a: the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and
b: it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent.
7: Section 27(2)
8: Section 29(2) and (3)
9: Regulations under this section are 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 29A inserted 28 February 2014 section 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 29A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29B: Regulations for emergency dumping
1: This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe requirements, methods, or technical standards for emergency dumping of waste or other matter.
3: Regulations under this section are 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 29B inserted 28 February 2014 section 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 29B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29C: Regulations implementing international obligations
1: Regulations may be made under section 29A
a: implement New Zealand's international obligations relating to the exclusive economic zone, continental shelf, or the sea above the continental shelf beyond the outer limits of the exclusive economic zone:
b: enable New Zealand to become a party to an international convention, protocol, or agreement relating to the protection of the marine environment:
c: implement international practices and standards relating to the protection of the marine environment recommended by the International Maritime Organization.
2: This section does not limit section 29A Section 29C inserted 28 February 2014 section 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Non-notified activities Heading inserted 28 February 2014 section 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
29D: Non-notified activities
1: Regulations may describe any discretionary activity as non-notified or provide that an application for a marine consent for an activity is not to be publicly notified.
2: Regulations must only provide that a discretionary activity is to be non-notified if, in the Minister's opinion,—
a: the activity has a low probability of significant adverse effects on the environment or existing interests; and
b: the activity is—
i: routine or exploratory in nature; or
ii: an activity of brief duration; or
iii: a dumping activity. Section 29D inserted 28 February 2014 section 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Decommissioning plans Heading inserted 1 June 2017 section 223 Resource Legislation Amendment Act 2017
29E: Decommissioning plans
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing 1 or more of the following:
a: information that must be included in a decommissioning plan under section 100A(2)
b: the process for dealing with a decommissioning plan under section 100B(1)﻿(a)
c: the criteria against which a decommissioning plan must be assessed under section 100B(1)﻿(b)
2: However, the Minister must not recommend the making of regulations under this section unless section 32
3: Regulations under this section are 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 29E inserted 1 June 2017 section 223 Resource Legislation Amendment Act 2017 Section 29E(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Regulations generally
30: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: requiring the holder of a marine consent to gather information and keep records relating to the exercise of the consent and to supply information to the Environmental Protection Authority:
b: prescribing forms:
c: prescribing the amounts of charges payable or the method by which they are to be assessed or calculated, and the persons liable to pay the charges:
d: providing for any other matters contemplated by this Act and necessary for its administration or necessary for giving it full effect.
2: However, the Minister must not recommend the making of regulations under subsection (1)﻿(a) or (c) unless he or she is satisfied that the requirements of section 32
3: Nothing in subsection (2) or section 32
4: Regulations under this section are 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 30(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Provisions applying to all regulations
31: Application of regulations
1: A regulation made under section 27 section 20
2: A regulation made under section 29A
a: all or any part of the exclusive economic zone, the continental shelf, and the sea above the continental shelf beyond the outer limits of the exclusive economic zone; and
b: any or all of the activities described in subpart 2
2A: A regulation made under section 27 29A
3: Different requirements or standards may apply in relation to different activities and different classes of the same activity. Section 31(1) amended 31 October 2015 section 16(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 31(2) replaced 31 October 2015 section 16(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 31(2A) inserted 31 October 2015 section 16(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
32: Process for developing or amending regulations
1: Before making a recommendation to the Governor-General under section 27 29A 29E 30(1)﻿(a) or (c)
2: The Minister must—
a: notify the public, iwi authorities, regional councils, and persons whose existing interests are likely to be affected of—
i: the proposed subject matter of the regulations; and
ii: in the case of regulations to which section 27 , 29A 29E
b: establish a process that the Minister considers gives the public, iwi authorities, and persons whose existing interests are likely to be affected adequate time and opportunity to comment on the subject matter of the proposed regulations.
3: However, the Minister need not comply with subsection (2) if the Minister is recommending the making of an amendment to regulations that has no more than a minor effect or that corrects errors or makes minor technical changes. Section 32(1) amended 1 June 2017 section 224(1) Resource Legislation Amendment Act 2017 Section 32(1) amended 31 October 2015 section 17(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 32(2)﻿(a)﻿(ii) amended 1 June 2017 section 224(2) Resource Legislation Amendment Act 2017 Section 32(2)﻿(a)﻿(ii) amended 31 October 2015 section 17(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
33: Matters to be considered for regulations
under section 27
1: This section and section 34 section 27
2: The Minister must have regard to any comments made under section 32(2)
3: The Minister must take into account—
a: any effects on the environment or existing interests of allowing an activity with or without a marine consent, including—
i: cumulative effects; and
ii: effects that may occur in New Zealand or in the waters above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and
b: the effects on the environment or existing interests of other activities undertaken in the exclusive economic zone or in or on the continental shelf, including—
i: the effects of activities that are not regulated under this Act; and
ii: effects that may occur in New Zealand or in the waters above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and
c: the effects on human health that may arise from effects on the environment; and
d: the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes; and
e: the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species; and
f: New Zealand's international obligations; and
g: the economic benefit to New Zealand of an activity; and
h: the efficient use and development of natural resources; and
i: the nature and effect of other marine management regimes; and
j: best practice in relation to an industry or activity; and
k: in relation to whether an activity is classified as permitted, discretionary, non-notified, or publicly notifiable
l: any other relevant matter. Section 33 heading amended 28 February 2014 section 18(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 33(3)﻿(k) amended 28 February 2014 section 18(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
34: Information principles
1: When developing regulations under sections 27 29A 29B
a: make full use of the information and other resources available to him or her; and
b: base decisions on the best available information; and
c: take into account any uncertainty or inadequacy in the information available.
2: If, in relation to the making of a decision under this Act, the information available is uncertain or inadequate, the Minister must favour caution and environmental protection.
3: If favouring caution and environmental protection means that an activity is likely to be prohibited, the Minister must first consider whether providing for an adaptive management approach would allow the activity to be classified as discretionary.
4: In this section, best available information Section 34(1) amended 31 October 2015 section 19 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
34A: Matters to be considered for regulations relating to discharges and dumping
1: This section applies when the Minister is developing regulations for the purpose of section 29A
2: The Minister must have regard to any comments made under section 32(2)
3: The Minister must take into account—
a: the matters described in section 33(3)
b: the effects of the discharge or dumping on human health if the discharge or dumping takes place; and
c: in relation to the dumping of waste or other matter,—
i: any alternative methods of disposal that could be used; and
ii: whether there are practical opportunities to reuse, recycle, or treat the waste or other matter Section 34A inserted 31 October 2015 section 20 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 34A(3)﻿(c)﻿(ii) amended 1 June 2017 section 225 Resource Legislation Amendment Act 2017 Types of activities Heading repealed 1 June 2017 section 226 Resource Legislation Amendment Act 2017
3A: Activities and consents
Part 3A heading inserted 1 June 2017 section 226 Resource Legislation Amendment Act 2017
1: Activities
Subpart 1 heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Types of activity Heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
35: Permitted activities
1: An activity is a permitted activity
2: A person may undertake a permitted activity without a marine consent if the activity complies with any terms and conditions specified (for the activity) in regulations.
3: A person intending to undertake a permitted activity must notify the Environmental Protection Authority before undertaking the activity if required to do so by regulations. Section 35 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
36: Discretionary activities
1: An activity is a discretionary activity
a: describe the activity as discretionary; or
b: allow the activity with a marine consent; or
c: do not classify the activity as permitted, discretionary, or prohibited.
2: A person must have a marine consent before undertaking a discretionary activity.
3: Subsection (2) is subject to section 21 Section 36 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
37: Prohibited activities
1: An activity is a prohibited activity
2: No person may apply for a marine consent for a prohibited activity.
3: No marine consent may be granted for a prohibited activity.
4: Subject to section 23 Section 37 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
2: EEZ policy statements
Subpart 2 heading replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017 EEZ policy statements Heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
37A: Purpose and scope of EEZ policy statements
1: The purpose of EEZ policy statements is to state objectives and policies to support decision-making on applications for marine consents in accordance with the purpose of this Act.
2: An EEZ policy statement may apply to all or part of the exclusive economic zone and the continental shelf.
3: In determining whether it is desirable to prepare an EEZ policy statement, the Minister may have regard to—
a: the actual or potential effects of the use, development, or protection of natural resources:
b: New Zealand’s obligations under any international conventions that relate to the marine environment:
c: the matters in subpart 2
d: any other relevant matter. Section 37A replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
37B: Notification of, and consultation on, proposed EEZ policy statement
Before issuing an EEZ policy statement, the Minister must—
a: notify the public, iwi authorities, regional councils, and persons whose existing interests may be affected of—
i: the proposed statement; and
ii: the Minister’s reasons for considering that the proposed statement will support decision-making on applications for marine consents; and
b: establish a process that the Minister considers gives the public, iwi authorities, regional councils, and persons whose existing interests are likely to be affected adequate time and opportunity to comment on the subject matter of the proposed statement. Section 37B inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
37C: Matters to be considered by Minister when determining whether to issue EEZ policy statement
In determining whether to issue the EEZ policy statement, the Minister must consider—
a: the actual or potential effects of the use, development, or protection of natural resources; and
b: New Zealand’s obligations under any international conventions that relate to the marine environment; and
c: the matters in subpart 2
d: any submissions received on the proposed EEZ policy statement; and
e: any other matter that the Minister considers relevant. Section 37C inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
37D: Revision, withdrawal, and approval of proposed EEZ policy statements
1: The Minister, after considering the matters in section 37C
2: The Minister may withdraw all or part of a proposed EEZ policy statement at any time before the statement is approved under subsection (4).
3: The Minister must notify the persons mentioned in section 37B(a)
4: The Governor-General may, by Order in Council, on the recommendation of the Minister, approve an EEZ policy statement.
5: The following are secondary legislation ( see Part 3
a: an Order in Council under subsection (4):
b: the EEZ policy statement approved by that order. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(b). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(b) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publicly notify it •	send a copy of it to the EPA and every person who made a submission on the proposal 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 37D inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Section 37D(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
37E: Changes to, or review or revocation of, EEZ policy statements
1: The Minister may review, change, or revoke an EEZ policy statement in accordance with sections 37B to 37D
2: Despite subsection (1), the Minister may amend an EEZ policy statement without regard to sections 37B 37C
3: When an EEZ policy statement is reviewed, the Minister must give notice of the review in the Gazette
4:
5: Section 37E inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Section 37E(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37E(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37E(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37F: Incorporation of material by reference in EEZ policy statements
An EEZ policy statement may incorporate material by reference under sections 150 to 157 Section 37F inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
37G: EEZ policy statement is disallowable instrument
Section 37G repealed 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Applying for marine consents
Subpart 2A heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Application for marine consent Heading repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
38: Application for marine consent
1: Any person may apply to the Environmental Protection Authority for a marine consent, a marine discharge consent, or a marine dumping consent to undertake a discretionary activity.
2: An application must—
a: be made in the prescribed form; and
b: fully describe the proposal; and
c: include an impact assessment prepared in accordance with section 39
d: if the application relates to an activity referred to in section 20(2)﻿(a), (b), or (c)
3: If the application relates to an activity that is to be undertaken in connection with the decommissioning of an offshore installation used in connection with petroleum production, or a structure, submarine pipeline, or submarine cable associated with such an installation,—
a: the application must include an accepted decommissioning plan that covers the activity; and
b: the proposed carrying out of the activity must be in accordance with that plan. Section 38 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
39: Impact assessment
1: An impact assessment must—
a: describe the activity (or activities) for which consent is sought; and
b: describe the current state of the area where it is proposed that the activity will be undertaken and the environment surrounding the area; and
c: identify persons whose existing interests are likely to be adversely affected by the activity; and
d: identify the effects of the activity on the environment and existing interests (including cumulative effects and effects that may occur in New Zealand or in the sea above or beyond the continental shelf beyond the outer limits of the exclusive economic zone); and
e: identify the effects of the activity on the biological diversity and integrity of marine species, ecosystems, and processes; and
f: identify the effects of the activity on rare and vulnerable ecosystems and habitats of threatened species; and
g: describe any consultation undertaken with persons described in paragraph (c) and specify those persons who have given written approval to the activity; and
h: include copies of any written approvals to the activity; and
i: specify any possible alternative locations for, or methods for undertaking, the activity that may avoid, remedy, or mitigate any adverse effects; and
j: specify the measures that could be taken to avoid, remedy, or mitigate the adverse effects identified (including measures that the applicant intends to take).
2: An impact assessment must also,—
a: if it relates to an application for a marine discharge consent, describe the effects of the activity on human health:
b: if it relates to an application for a marine dumping consent,—
i: describe the effects of the activity on human health; and
ii: specify any practical opportunities to reuse, recycle, or treat the waste or other matter:
c: if it relates to any other application, describe the effects on human health that may arise from the effects of the activity on the environment.
3: An impact assessment must contain the information required under subsections (1) and (2) in—
a: such detail as corresponds to the scale and significance of the effects that the activity may have on the environment and existing interests; and
b: sufficient detail to enable the Environmental Protection Authority and persons whose existing interests are or may be affected to understand the nature of the activity and its effects on the environment and existing interests.
4: The impact assessment complies with subsections (1)﻿(c) to (f) and (2) if the Environmental Protection Authority is satisfied that the applicant has made a reasonable effort to identify the matters described in those provisions.
5: The measures that must be specified under subsection (1)﻿(j) include any measures required by another marine management regime and any measures required by or under the Health and Safety at Work Act 2015 Section 39 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
40: Environmental Protection Authority must determine if application complete
The Environmental Protection Authority must, within 20 working days after receiving an application, determine whether the application complies with section 38 Section 40 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
41: Environmental Protection Authority may commission independent review of impact assessment
1: The Environmental Protection Authority may commission an independent review of an impact assessment for the purpose of determining whether the impact assessment complies with section 39
2: If the EPA intends to commission a review, it must—
a: advise the applicant in writing; and
b: include, with that advice, the EPA’s reasons for wanting to commission a review.
3: The applicant may object under section 101
4: The EPA must, as soon as is reasonably practicable after receiving the results of a review, send a copy of the results to the applicant. Section 41 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
42: Environmental Protection Authority may ask applicant to complete incomplete application
1: If the Environmental Protection Authority considers that an application does not comply with section 38 section 39
2: An applicant must, within 5 working days after receiving a request under subsection (1),—
a: provide the information; or
b: write to the EPA telling it that the applicant refuses to provide the information.
3: The EPA must continue to process an application even if the applicant—
a: does not respond to the request; or
b: refuses to provide the information. Section 42 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
42A: Joint processing and decision making on related applications
Section 42A repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
43: Environmental Protection Authority must return incomplete application
1: The EPA must, within 20 working days after an incomplete application is received by the EPA,—
a: return the incomplete application; and
b: give the applicant a written explanation for its finding that the application is incomplete.
2: If, after the EPA returns an application as incomplete, the application is sent to the EPA again, the application must be treated as a new application.
3: The applicant may object under section 101 Section 43 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
44: Joint processing and decision making on related applications
1: This section applies if—
a: the Environmental Protection Authority receives more than 1 application for a marine consent in relation to the same proposal ( related applications
b: at least 1 of the related applications must be publicly notified under section 46(1)﻿(b)﻿(i)
c: the EPA considers that—
i: the related applications should be heard (if more than 1 are to be heard) at the same time and place; or
ii: decisions on the related applications should be made on the same date.
2: The EPA may extend a time period that applies to the processing of the related applications in order to ensure that—
a: they are heard (if more than 1 are to be heard) at the same time and place:
b: decisions on the related applications are made on the same date.
3: However, the EPA may not extend the time period beyond the latest date that applies to any of the related applications.
4: If any of the related applications is a publicly notifiable application for a section 20 activity, the EPA must delegate its functions under sections 50 to 75 Section 44 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Disclosure and hearings of applications for marine consents for non-notified activities Heading repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
44A: Copy of consent applications for non-notified activities
Section 44A repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
44B: Hearings in respect of consent applications for non-notified applications
Section 44B repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Public notification and hearings of applications for marine consents for publicly notifiable activities Heading repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
44C: Application of sections 45 to 58
Section 44C repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
2B: Disclosure and notification
Subpart 2B heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
45: Copy of application for non-notified activity
If the Environmental Protection Authority is satisfied that an application for a marine consent for a non-notified activity is complete, the EPA—
a: must serve a copy of the application on any of the following that the EPA considers may be affected by the application:
i: iwi authorities:
ii: customary marine title groups:
iii: protected customary rights groups:
b: may serve a copy of the application on the following if the EPA considers it appropriate in the circumstances:
i: Ministers with responsibilities that may be affected by the activity for which consent is sought:
ii: Maritime New Zealand:
iii: other persons that the EPA considers have existing interests that may be affected by the application:
iv: regional councils whose regions may be affected by the application. Section 45 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Submissions Heading repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
46: Copy of application for publicly notified activity
1: If the Environmental Protection Authority is satisfied that an application for a marine consent for a publicly notifiable activity is complete, it must,—
a: if the application is for a section 20 activity, immediately notify the Minister in writing that an application has been made (to allow a board of inquiry to be appointed under section 52
b: within 20 working days,—
i: give public notice of the application; and
ii: serve a copy of the notice on—
A: every other Minister with responsibilities that may be affected by the activity for which consent is sought:
B: Maritime New Zealand:
C: iwi authorities that the EPA considers may be affected by the application:
D: customary marine title groups that the EPA considers may be affected by the application:
E: protected customary rights groups that the EPA considers may be affected by the application:
F: other persons that the EPA considers have existing interests that may be affected by the application:
G: regional councils whose regions may be affected by the application.
2: The notice under subsection (1)﻿(b)﻿(i) must—
a: be in the prescribed form; and
b: give a summary of the application for consent; and
c: specify where the application is available for inspection. Section 46 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
47: Making of submissions
1: Any person may make a submission to the Environmental Protection Authority about an application for a marine consent.
2: A submission must be in the prescribed form.
3: A submitter must provide a copy of the submission to the applicant as soon as is reasonably practicable after serving it on the EPA. Section 47 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
48: Time limit for submissions
Submissions must be made not later than 30 working days after public notification of the application under section 46 Section 48 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
49: Advising applicants of submissions
As soon as is reasonably practicable after the closing date for submissions, the Environmental Protection Authority must give the applicant a list of all the submissions that it has received in relation to the relevant application. Section 49 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
2C: Considering applications
Subpart 2C heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Non-notified activities Heading replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
50: Hearings in respect of applications for non-notified activities
1: The Environmental Protection Authority must conduct a hearing on an application for a marine consent for a non-notified activity if the applicant requests a hearing.
2: The EPA may conduct a hearing, even if the applicant does not request one, if the EPA considers it necessary or desirable.
3: Schedule 2 Section 50 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Publicly notifiable activities other than section 20 activities Heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
51: Hearings in respect of applications for publicly notifiable activities other than section 20 activities
1: If an application is for a publicly notifiable activity other than a section 20 activity, the Environmental Protection Authority must conduct a hearing on an application if the applicant or a submitter requests a hearing.
2: The EPA may conduct a hearing, even if neither the applicant nor any submitter requests one, if the EPA considers it necessary or desirable.
3: Schedule 3 Section 51 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017 Publicly notifiable section 20 activities Heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
52: Minister must appoint boards of inquiry for applications for publicly notifiable section 20 activities
1: As soon as practicable on being notified in accordance with section 46(1)﻿(a)
a: decide an application for a section 20 activity; and
b: complete the performance or exercise of the functions, duties, and powers prescribed in this Part, in relation to the application (including any appeals in relation to the matter that are filed in any court).
2: The Minister may, as the Minister sees fit, set terms of reference about administrative matters relating to the inquiry.
3: The Minister must appoint 3 to 5 suitable persons to be members of the board of inquiry.
4: The Minister may, if he or she considers it appropriate,—
a: invite the EPA to nominate persons to be members of the board:
b: appoint a member of the EPA board to be a member of the board of inquiry.
5: In appointing a person to the board, the Minister must consider the need for the board to have available to it from its members, knowledge, skill, and experience relating to—
a: this Act; and
b: the activity or type of activities that the board will be considering; and
c: tikanga Māori; and
d: legal expertise; and
e: relevant technical expertise.
6: The Minister must appoint a chairperson.
7: The chairperson may (but need not) be a current, former, or retired Environment Court Judge or a retired High Court Judge.
8: Schedule 4
9: A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. Section 52 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
52A: Cost recovery for boards of inquiry
1: The Minister may recover from an applicant the actual and reasonable costs incurred in relation to a board of inquiry appointed under section 52 99A
2: The Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this section.
3: When recovering costs under this section, the Minister must have regard to the following criteria:
a: the sole purpose is to recover the reasonable costs incurred in respect of the matter to which the costs relate:
b: the extent to which any activity by the applicant reduces the costs to the Minister in carrying out any of the Minister’s functions, powers, or duties.
4: The costs referred to in subsection (1) are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction.
5: The Minister may, in writing, delegate to the EPA his or her functions, powers, and duties under this section.
6: See sections 143 to 147 Section 52A inserted 11 July 2018 section 5 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2018 Provisions that apply to all applications Heading inserted 1 June 2017 section 227 Resource Legislation Amendment Act 2017
53: Obligation to deal with application promptly
1: A marine consent authority must deal with any application for a marine consent as promptly as is reasonable in the circumstances.
2: If section 38(3) section 43 section 40 Section 53 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
54: Request for further information
1: A marine consent authority may request that an applicant provide further information relating to an application.
2: A request may be made at any reasonable time—
a: before a hearing under section 50 51 Schedule 4
b: if no hearing is held, before the marine consent authority makes a decision on the application.
3: A request must be in writing and set out the marine consent authority’s reasons for requesting further information.
4: The marine consent authority must, in the case of a publicly notified application, provide a copy of the information provided by the applicant to every submitter as soon as practicable after the later of—
a: the date on which it receives the information; and
b: the date on which the submitter makes a submission. Section 54 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
55: Response to request
1: An applicant who receives a request under section 54(1)
a: provide the information; or
b: write to the marine consent authority telling it that the applicant agrees to provide the information; or
c: write to the marine consent authority telling it that the applicant refuses to provide the information.
2: After the marine consent authority receives the applicant's letter under subsection (1)﻿(b), the marine consent authority must—
a: set a reasonable time within which the applicant must provide the information; and
b: write to the applicant advising the applicant of the date by which the applicant must provide the information.
3: The marine consent authority must consider the application under section 59
a: does not respond to the request; or
b: agrees to provide the information under subsection (1)﻿(b) but does not do so; or
c: refuses to provide the information under subsection (1)﻿(c). Section 55 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
56: Marine consent authority may obtain advice or information
1: A marine consent authority may—
a: commission an independent review of an impact assessment (if no review was commissioned under section 41
b: seek advice from the Māori Advisory Committee on any matter related to the application:
c: seek advice or information from any person on any aspect of—
i: an application for a marine consent; or
ii: the activity to which an application relates:
d: commission any person to provide a report on any aspect of—
i: an application for a marine consent; or
ii: the activity to which an application relates.
2: The marine consent authority must advise an applicant in writing—
a: if it intends to commission a review or report or seek advice or information; and
b: of the reasons for wanting to do so.
3: Subsection (1) applies at any reasonable time—
a: before a hearing is held; or
b: if no hearing is to be held, before a decision on the application is made.
4: An applicant may object under section 101
5: The marine consent authority must, as soon as is reasonably practicable after receiving any advice or report under this section, notify the applicant and every submitter that the advice or report is available at the EPA’s office. Section 56 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
57: Meetings and mediation to resolve matters before decision
1: The marine consent authority may request that an applicant for a marine consent and 1 or more submitters—
a: meet to discuss any matters in dispute in relation to the application for consent; or
b: enter mediation to resolve any matters in dispute in relation to the application for consent.
2: The person who conducts the meeting or mediation must report on the outcome of the meeting or mediation to—
a: the marine consent authority; and
b: the persons who were at the meeting or mediation.
3: The report must set out—
a: the matters that were agreed at the meeting or mediation; and
b: the matters that were not resolved.
4: The report must not include anything communicated or made available on a without prejudice basis at the meeting or during the mediation. Section 57 replaced 1 June 2017 section 227 Resource Legislation Amendment Act 2017
58: Directions before or at hearings
Section 58 repealed 1 June 2017 section 227 Resource Legislation Amendment Act 2017
2D: Decisions
Subpart 2D heading inserted 1 June 2017 section 228 Resource Legislation Amendment Act 2017 Decisions Heading repealed 1 June 2017 section 228 Resource Legislation Amendment Act 2017
59: Marine consent authority’s
1: This section and sections 60 61 a marine consent authority
2: If the application relates to a section 20 activity (other than an activity referred to in section 20(2)﻿(ba)
a: any effects on the environment or existing interests of allowing the activity, including—
i: cumulative effects; and
ii: effects that may occur in New Zealand or in the waters above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and
b: the effects on the environment or existing interests of other activities undertaken in the area covered by the application or in its vicinity, including—
i: the effects of activities that are not regulated under this Act; and
ii: effects that may occur in New Zealand or in the waters above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and
c: the effects on human health that may arise from effects on the environment; and
d: the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes; and
e: the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species; and
f: the economic benefit to New Zealand of allowing the application; and
g: the efficient use and development of natural resources; and
h: the nature and effect of other marine management regimes; and
i: best practice in relation to an industry or activity; and
j: the extent to which imposing conditions under section 63
k: relevant regulations (other than EEZ policy statements)
l: any other applicable law (other than EEZ policy statements)
m: any other matter the marine consent authority
2A: If the application is for a marine discharge consent, the EPA must take into account—
a: the matters described in subsection (2), except paragraph (c); and
b: the effects on human health of the discharge of harmful substances if consent is granted.
2B: If the application is for a marine dumping consent or relates to an activity referred to in section 20(2)﻿(ba)
a: the matters described in subsection (2), except paragraphs (c), (f), (g), and (i); and
b: the effects on human health of the dumping of waste or other matter, or the abandonment of the pipeline, if consent is granted; and
c: any alternative methods of disposal of the waste, other matter, or pipeline that could be used; and
d: whether there are practical opportunities to reuse, recycle, or treat the waste, other matter, or pipeline.
3: The marine consent authority
aa: EEZ policy statements; and
a: any submissions made and evidence given in relation to the application; and
b: any advice, reports, or information sought under this Part and received in relation to the application; and
c: any advice received from the Māori Advisory Committee.
4: When considering an application affected by section 74 marine consent authority
5: Despite subsection (3), the marine consent authority
a: trade competition or the effects of trade competition; or
b: the effects on climate change of discharging greenhouse gases into the air; or
c: any effects on a person's existing interest if the person has given written approval to the proposed activity.
6: Subsection (5)﻿(c) does not apply if the person has given written approval but the person withdraws the approval by giving written notice to the marine consent authority
a: before the date of the hearing, if there is one; or
b: if there is no hearing, before the marine consent authority Section 59 heading amended 1 June 2017 section 229(1) Resource Legislation Amendment Act 2017 Section 59(1) amended 1 June 2017 section 229(2) Resource Legislation Amendment Act 2017 Section 59(2) amended 1 June 2017 section 229(3) Resource Legislation Amendment Act 2017 Section 59(2)﻿(k) amended 1 June 2017 section 229(4) Resource Legislation Amendment Act 2017 Section 59(2)﻿(l) amended 1 June 2017 section 229(5) Resource Legislation Amendment Act 2017 Section 59(2)﻿(m) amended 1 June 2017 section 229(6) Resource Legislation Amendment Act 2017 Section 59(2A) inserted 1 June 2017 section 229(7) Resource Legislation Amendment Act 2017 Section 59(2B) inserted 1 June 2017 section 229(7) Resource Legislation Amendment Act 2017 Section 59(3) amended 1 June 2017 section 229(6) Resource Legislation Amendment Act 2017 Section 59(3)﻿(aa) inserted 1 June 2017 section 229(8) Resource Legislation Amendment Act 2017 Section 59(3)﻿(b) replaced 1 June 2017 section 229(9) Resource Legislation Amendment Act 2017 Section 59(4) amended 1 June 2017 section 229(6) Resource Legislation Amendment Act 2017 Section 59(5) amended 1 June 2017 section 229(6) Resource Legislation Amendment Act 2017 Section 59(6) amended 1 June 2017 section 229(6) Resource Legislation Amendment Act 2017 Section 59(6)﻿(b) amended 1 June 2017 section 229(6) Resource Legislation Amendment Act 2017
60: Matters to be considered in deciding extent of adverse effects on existing interests
In considering the effects of an activity on existing interests under section 59(2)﻿(a) a marine consent authority
a: the area that the activity would have in common with the existing interest; and
b: the degree to which both the activity and the existing interest must be carried out to the exclusion of other activities; and
c: whether the existing interest can be exercised only in the area to which the application relates; and
d: any other relevant matter. Section 60 amended 1 June 2017 section 230 Resource Legislation Amendment Act 2017
61: Information principles
1: When considering an application for a marine consent, a marine consent authority
a: make full use of its powers to request information from the applicant, obtain advice, and commission a review or a report; and
b: base decisions on the best available information; and
c: take into account any uncertainty or inadequacy in the information available.
2: If, in relation to making a decision under this Act, the information available is uncertain or inadequate, the marine consent authority
3: If favouring caution and environmental protection means that an activity is likely to be refused, the marine consent authority
4: Subsection (3) does not—
a: apply to an application for—
i: a marine dumping consent; or
ii: a marine discharge consent; or
iii: a marine consent in relation to an activity referred to in section 20(2)﻿(ba)
b: limit section 63 64
5: In this section, best available information Section 61(1) amended 1 June 2017 section 231(1) Resource Legislation Amendment Act 2017 Section 61(2) amended 1 June 2017 section 231(2) Resource Legislation Amendment Act 2017 Section 61(3) amended 1 June 2017 section 231(2) Resource Legislation Amendment Act 2017 Section 61(4) replaced 1 June 2017 section 231(3) Resource Legislation Amendment Act 2017
62: Decisions on applications for marine consents
1: After complying with sections 59 to 61 a marine consent authority
a: grant an application for a marine consent, in whole or in part, and issue a consent; or
b: refuse the application.
1A: However, the marine consent authority must refuse an application for a marine dumping consent or an application relating to an activity referred to in section 20(2)﻿(ba)
a: the marine consent authority considers that the waste, other matter, or pipeline may be reused, recycled, or treated without—
i: more than minor adverse effects on human health or the environment; or
ii: imposing costs on the applicant that are unreasonable in the circumstances; or
b: the waste, other matter, or pipeline is identified in such a way that it is not possible to assess the potential effects of dumping or abandoning it on human health or the environment; or
c: the marine consent authority considers that dumping the waste or other matter or abandoning the pipeline is not the best approach to its disposal in the circumstances.
2: To avoid doubt, the marine consent authority
3: If the marine consent authority section 63 Section 62(1) amended 1 June 2017 section 232(1) Resource Legislation Amendment Act 2017 Section 62(1A) inserted 1 June 2017 section 232(2) Resource Legislation Amendment Act 2017 Section 62(2) amended 1 June 2017 section 232(3) Resource Legislation Amendment Act 2017 Section 62(3) amended 1 June 2017 section 232(3) Resource Legislation Amendment Act 2017
63: Conditions of marine consents
1: A marine consent authority
2: The conditions that the marine consent authority
a: requiring the consent holder to—
i: provide a bond for the performance of any 1 or more conditions of the consent:
ii: obtain and maintain public liability insurance of a specified value:
iii: monitor, and report on, the exercise of the consent and the effects of the activity it authorises:
iv: appoint an observer to monitor the activity authorised by the consent and its effects on the environment:
v: make records related to the activity authorised by the consent available for audit:
b: that , if section 64
3: However, the marine consent authority
4: To avoid doubt, the marine consent authority Health and Safety at Work Act 2015 Section 63(1) amended 1 June 2017 section 233(1) Resource Legislation Amendment Act 2017 Section 63(2) amended 1 June 2017 section 233(2) Resource Legislation Amendment Act 2017 Section 63(2)﻿(b) amended 1 June 2017 section 233(3) Resource Legislation Amendment Act 2017 Section 63(3) amended 1 June 2017 section 233(2) Resource Legislation Amendment Act 2017 Section 63(4) amended 1 June 2017 section 233(2) Resource Legislation Amendment Act 2017 Section 63(4) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
64: Adaptive management approach
1AA: This section does not apply to—
a: a marine dumping consent; or
b: a marine discharge consent; or
c: a marine consent in relation to an activity referred to in section 20(2)﻿(ba)
1: A marine consent authority
2: An adaptive management approach
a: allowing an activity to commence on a small scale or for a short period so that its effects on the environment and existing interests can be monitored:
b: any other approach that allows an activity to be undertaken so that its effects can be assessed and the activity discontinued, or continued with or without amendment, on the basis of those effects.
3: In order to incorporate an adaptive management approach into a marine consent, a marine consent authority section 63
4: A stage may relate to the duration of the consent, the area over which the consent is granted, the scale or intensity of the activity, or the nature of the activity. Section 64(1AA) inserted 1 June 2017 section 234(1) Resource Legislation Amendment Act 2017 Section 64(1) amended 1 June 2017 section 234(2) Resource Legislation Amendment Act 2017 Section 64(3) amended 1 June 2017 section 234(3) Resource Legislation Amendment Act 2017
65: Bonds
1: A bond required under section 63(2)﻿(a)﻿(i) a marine consent authority
a: a condition relating to the alteration, demolition, or removal of structures:
b: a condition relating to remedial, restoration, or maintenance work:
c: a condition providing for ongoing monitoring of long-term effects.
2: A condition of a consent that describes the terms of the bond may—
a: require that the bond be given before the consent is exercised or at any other time:
b: provide that the liability of the holder of the consent be not limited to the amount of the bond:
c: require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment or existing interests that become apparent during or after the expiry of the consent:
d: require the holder of the consent to provide such security as the marine consent authority
e: require the holder of the consent to provide a guarantor (acceptable to the marine consent authority
f: provide that the bond may be varied, cancelled, or renewed at any time by agreement between the holder and the marine consent authority
3: If the marine consent authority marine consent authority marine consent authority Section 65(1) amended 1 June 2017 section 235(1) Resource Legislation Amendment Act 2017 Section 65(2)﻿(d) amended 1 June 2017 section 235(2) Resource Legislation Amendment Act 2017 Section 65(2)﻿(e) amended 1 June 2017 section 235(2) Resource Legislation Amendment Act 2017 Section 65(2)﻿(f) amended 1 June 2017 section 235(2) Resource Legislation Amendment Act 2017 Section 65(3) amended 1 June 2017 section 235(2) Resource Legislation Amendment Act 2017
66: Monitoring conditions
1: A condition imposed under section 63(2)﻿(a)﻿(iii)
a: make and record measurements:
b: take and supply samples:
c: carry out analyses, surveys, investigations, inspections, or other specified tests:
d: carry out the procedures in paragraphs (a) to (c) in a specified manner:
e: provide information to the EPA or a person specified by the EPA at a specified time or times:
f: provide information to the EPA or a person specified by the EPA in a specified manner:
g: comply with the condition at the consent holder's expense.
2: This section does not limit section 63(2)﻿(a)﻿(iii)
67: Observers
1: A condition imposed under section 63(2)﻿(a)﻿(iv)
2: The consent holder may appoint a person to be an observer only if the person is approved by the EPA for that purpose.
3: The EPA must approve a person to be an observer in relation to a consent if—
a: the person has the appropriate training, skill, and experience to perform the duties; and
b: the EPA is satisfied that the person is able to perform the duties independently of the consent holder.
68: Time limits for Environmental Protection Authority's decision
1: The Environmental Protection Authority must make its decision on an application for a marine consent for a publicly notifiable activity
a: if a hearing is held, no later than 20 working days after the conclusion of the hearing; or
b: if a hearing is not held, no later than 20 working days after the closing date for making submissions under section 48
2: The EPA must make its decision on an application for a marine consent for a non-notified activity as soon as is reasonably practicable and no later than 50 working days after the date on which the EPA is satisfied that the application is complete. Section 68(1) amended 28 February 2014 section 28(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 68(1)﻿(b) amended 1 June 2017 section 236 Resource Legislation Amendment Act 2017 Section 68(2) inserted 28 February 2014 section 28(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
69: Decision of marine consent authority to be in writing
Every decision of a marine consent authority on an application for a marine consent must—
a: be in writing; and
b: include the reasons for the decision. Section 69 replaced 1 June 2017 section 237 Resource Legislation Amendment Act 2017
70: Notification of
marine consent authority’s
1: The marine consent authority
a: give a copy of its decision on an application for a marine consent to—
i: the applicant; and
ii: all submitters; and
iii: the Māori Advisory Committee; and
iv: any other person or organisation that the marine consent authority
b: give public notice of the decision.
2: The notice must—
a: be in the prescribed form; and
b: give a summary of the decision; and
c: specify where the full decision is available for inspection.
3: The marine consent authority Section 70 heading amended 1 June 2017 section 238(1) Resource Legislation Amendment Act 2017 Section 70(1) amended 1 June 2017 section 238(2) Resource Legislation Amendment Act 2017 Section 70(1)﻿(a)﻿(iv) amended 1 June 2017 section 238(3) Resource Legislation Amendment Act 2017 Section 70(3) amended 1 June 2017 section 238(3) Resource Legislation Amendment Act 2017
2E: Consents
Subpart 2E heading inserted 1 June 2017 section 239 Resource Legislation Amendment Act 2017
71: When marine consent commences
1: A marine consent that has been granted commences—
a: when the time for lodging an appeal against the grant of the consent expires and no appeal has been lodged; or
b: when the High Court determines the appeal or all persons who lodged appeals withdraw their appeals.
2: Subsection (1) does not apply if the marine consent specifies that the consent commences on a later date. Nature of consent
72: Consents neither real nor personal property
1: A marine consent is neither real nor personal property.
2: A marine consent—
a: vests in the personal representative of the holder of the consent on the death of the holder, as if the consent were personal property, and the personal representative may deal with the consent to the same extent as the holder would have been able to do; and
b: vests in the Official Assignee on the bankruptcy of an individual who is the holder of a consent, as if it were personal property, and the Official Assignee may deal with the consent to the same extent as the holder would have been able to do; and
c: must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988
3: If the conditions of the consent are inconsistent with subsection (2), the conditions override that subsection.
4: The holder of a marine consent may grant a charge over the consent as if it were personal property, but the consent may be transferred only to the chargee, or by or on behalf of the chargee, to the same extent as it could be transferred by the holder.
5: The Personal Property Securities Act 1999
6: Subsection (4) overrides subsection (5). Duration of marine consent
73: Duration of marine consent
1: The duration of a marine consent (other than a marine discharge consent or a marine dumping consent)
a: 35 years after the date of the granting of the consent; or
b: a period less than 35 years that is specified in the consent.
1A: The duration of a marine discharge consent or a marine dumping consent is—
a: the term specified in the consent, which must not be more than 35 years; or
b: if no term is specified, 5 years after the date of the granting of the consent.
2: When determining the duration of the consent, a marine consent authority
a: comply with sections 59 61
b: take into account the duration sought by the applicant; and
c: take into account the duration of any other legislative authorisations granted or required for the activity that is the subject of the application for consent. Section 73(1) amended 1 June 2017 section 240(1) Resource Legislation Amendment Act 2017 Section 73(1A) inserted 1 June 2017 section 240(2) Resource Legislation Amendment Act 2017 Section 73(2) amended 1 June 2017 section 240(3) Resource Legislation Amendment Act 2017
74: Exercise of marine consent while applying for new consent
1: Subsection (3) applies when—
a: a marine consent is due to expire; and
b: the holder of the consent applies to the Environmental Protection Authority for a new consent for the same activity; and
c: the application is made at least 6 months before the expiry of the existing consent.
2: Subsection (3) also applies when—
a: a marine consent is due to expire; and
b: the holder of the consent applies to the Environmental Protection Authority for a new consent for the same activity; and
c: the application is made in the period that—
i: begins 6 months before the expiry of the existing consent; and
ii: ends 3 months before the expiry of the existing consent; and
d: a marine consent authority
3: The holder may continue to undertake the activity under the existing consent until—
a: a new consent is granted and all appeals are determined; or
b: a new consent is refused Section 74(2)﻿(d) amended 1 June 2017 section 241(1) Resource Legislation Amendment Act 2017 Section 74(3)﻿(b) amended 1 June 2017 section 241(2) Resource Legislation Amendment Act 2017 Transfer of marine consents
75: Transfer of consents
1: The holder of a marine consent—
a: may transfer the whole or any part of the consent to another person; but
b: may not transfer the whole or any part of the consent to another location.
2: The transfer of a marine consent has no effect until written notice of the transfer is given to the Environmental Protection Authority. EPA responsibility for marine consents granted by board of inquiry Heading inserted 1 June 2017 section 242 Resource Legislation Amendment Act 2017
75A: Residual powers of EPA
1: This section applies to a marine consent that has been granted by a board of inquiry under section 62(1)﻿(a)
2: The EPA has all the functions, duties, and powers in relation to the marine consent as if it had granted the consent itself. Section 75A inserted 1 June 2017 section 242 Resource Legislation Amendment Act 2017 Review of duration and conditions of marine consent
76: Environmental Protection Authority may review duration and conditions
1: The Environmental Protection Authority may serve notice on a consent holder of its intention to review the duration of a marine consent or the conditions of the consent—
a: at any time or times specified for that purpose in the consent for any of the following purposes:
i: to deal with any adverse effect on the environment that may arise from the exercise of the consent and with which it is appropriate to deal after the consent has been granted:
ii: any other purpose specified in the consent:
b: if regulations take effect that prescribe standards, to ensure that the conditions are consistent with the standards, methods, or requirements:
c: to deal with any adverse effects on the environment or existing interests that arise and that—
i: were not anticipated when the consent was granted; or
ii: are of a scale or intensity that was not anticipated when the consent was granted:
d: if the information made available to the EPA by the applicant for the consent for the purposes of the application contained inaccuracies that materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions:
e: if information becomes available to the EPA that was not available to the EPA when the consent was granted and the information shows that more appropriate conditions are necessary to deal with the effects of the exercise of the consent.
2: The EPA must section 133(5)﻿(b)
3: A notice of review must comply with section 77 Section 76(2) amended 28 February 2014 section 29(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 76(3) inserted 28 February 2014 section 29(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
77: Contents of notice of review
1: A notice of review must—
a: specify that the duration of the consent is to be reviewed, if that is the case; and
b: identify the conditions to be reviewed; and
c: give reasons for the review; and
d: specify the information that the Environmental Protection Authority took into account in deciding to review the conditions, if the review is under section 76(1)﻿(d) or (e)
e: tell the consent holder whether a charge is payable and, if so, the estimated amount of the charge.
2: A notice of review may—
a: propose new consent conditions; or
b: propose a change in the duration of a consent; or
c: invite the consent holder to propose new consent conditions within 20 working days after service of the notice.
78: Public notice of review
1: If the Environmental Protection Authority serves a notice of review of a publicly notifiable activity
2: The EPA must serve a copy of the public notice on the persons specified in section 46(1)﻿(b)﻿(ii)
3: The public notice must—
a: be in the prescribed form; and
b: give a summary of the notice of review; and
c: specify where the notice of review is available for inspection.
4: The EPA must comply with subsections (1) and (2) within—
a: 30 working days after the date on which the EPA serves the notice of review on the consent holder, if the consent holder is invited to propose new conditions; or
b: 10 working days after the date on which the EPA serves the notice of review on the consent holder, if paragraph (a) does not apply. Section 78 heading replaced 28 February 2014 section 30(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 78(1) amended 28 February 2014 section 30(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 78(2) amended 1 June 2017 section 243 Resource Legislation Amendment Act 2017
78A: Copy of notice of review of non-notified activity
If the Environmental Protection Authority serves a notice of review of a non-notified activity on a consent holder, the EPA must serve a copy of the notice on the persons specified in section 45(a) Section 78A inserted 28 February 2014 section 31 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 78A amended 1 June 2017 section 244 Resource Legislation Amendment Act 2017
79: Further information, advice, submissions, and hearing
1: Sections 44 to 56 sections 45 50 52 53
a: the notice of review were an application for a marine consent; and
b: the consent holder were the applicant for the marine consent.
1A: Sections 45 50 54 to 56
2: However, section 56(1)﻿(a) Section 79(1) amended 1 June 2017 section 245(1) Resource Legislation Amendment Act 2017 Section 79(1) amended 28 February 2014 section 32(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 79(1A) inserted 28 February 2014 section 32(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 79(1A) amended 1 June 2017 section 245(2) Resource Legislation Amendment Act 2017 Section 79(2) amended 1 June 2017 section 245(3) Resource Legislation Amendment Act 2017
80: Matters to be considered in review
When reviewing the conditions of a marine consent, the Environmental Protection Authority—
a: must—
i: consider the matters in sections 59 60
ii: comply with section 61
iii: have regard to whether the activity allowed by the consent will continue to be viable after the proposed change of conditions; and
b: in the case of a review under section 76(2)
c: may have regard to the manner in which the activity authorised by the consent has been undertaken.
81: Decisions on review of consent conditions
1: The Environmental Protection Authority may change a condition of a marine consent on a review under section 76
2: Sections 63 to 71 sections 105 113
a: the review were an application for a marine consent; and
b: the consent holder were an applicant for a marine consent.
3: The EPA may cancel a consent if the review was initiated under section 76(1)﻿(c), (d), (e), or (2)
4: If the EPA cancels a consent, the EPA may—
a: set a timetable for the consent holder to cease the activity; and
b: direct the consent holder to take any other action in relation to any structures used for the activity; and
c: direct the consent holder to take action to avoid, remedy, or mitigate adverse effects caused by the activity.
5: The consent holder must comply with the timetable set by the EPA and with any other directions of the EPA.
6: The consent holder may object, under section 101
7: To avoid doubt, the power to change a condition includes the power to cancel a condition or impose a new condition.
82: Decision on review of duration of consent
1: The Environmental Protection Authority may shorten the duration of a marine consent on a review under section 76
2: The EPA may extend the duration of a consent on a review under section 76
3: A change in the duration of a consent after a review must not result in the duration of the consent exceeding 35 years.
4: The consent holder may object, under section 101
83: Process for minor changes to consent conditions
1: If the Environmental Protection Authority considers that a review is likely to be limited to minor changes to the conditions of a consent, it may deal with the review without notifying the review under section 78
2: If the EPA deals with a review under subsection (1), section 79
3: However, despite subsection (2), the EPA must allow the consent holder to make a submission and request a hearing.
4: As a result of a review under this section, the EPA may not—
a: cancel a consent; or
b: make changes to the conditions of a consent that are more than minor.
5: The consent holder may object, under section 101 Minor corrections of marine consents Heading inserted 1 June 2017 section 246 Resource Legislation Amendment Act 2017
84: Minor corrections of marine consents
A marine consent authority minor omissions, errors, or other defects Section 84 amended 1 June 2017 section 247(a) Resource Legislation Amendment Act 2017 Section 84 amended 1 June 2017 section 247(b) Resource Legislation Amendment Act 2017 Cancellation of marine consents
85: Lapsing of consent if not exercised
1: A marine consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent unless, before the consent lapses,—
a: the consent is given effect to; or
b: an application is made to the Environmental Protection Authority to extend the period after which the consent lapses, and the EPA decides to grant an extension after taking into account—
i: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
ii: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
iii: relevant enactments.
2: The consent holder may object, under section 101
86: Cancellation of consent if not exercised
1: The Environmental Protection Authority may cancel a marine consent by written notice served on the consent holder if the consent has been exercised in the past but has not been exercised during the preceding 5 years.
2: However, despite subsection (1), the consent holder may ask the EPA to revoke the notice no later than 3 months after service of the notice.
3: In deciding whether to revoke the notice, the EPA must take into account—
a: whether the applicant has obtained approval from persons whose existing interests may be adversely affected by the revocation of the notice; and
b: how any regulations classify and provide for the activity authorised by the consent in relation to the area to which the consent relates.
4: Subsection (1) does not apply if the consent expressly provides otherwise.
5: The consent holder may object, under section 101
87: Change or cancellation of consent conditions on application by consent holder
1: The holder of a marine consent may request the Environmental Protection Authority to change or cancel a condition of the consent.
2: Sections 38 to 71
a: the request were an application for a marine consent; and
b: the references to a marine consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.
3: However, if the EPA considers that the requested change or cancellation is likely—
a: to affect the existing interests of only some of the persons described in subsection (4), it may notify those persons and may, but need not, give public notice of the request under section 46
b: to be limited to minor matters, it may deal with the request under section 83
4: For the purposes of determining who is adversely affected by the change or cancellation, the EPA must consider, in particular, every person who—
a: made a submission on the original application; and
b: has an existing interest that may be affected by the change or cancellation.
5: If the EPA decides, under subsection (3)﻿(a), not to give public notice of the request, the EPA may, but need not, give public notice of its decision under section 70
6: The consent holder may object, under section 101 Section 87(3)﻿(a) amended 1 June 2017 section 248 Resource Legislation Amendment Act 2017
2A: Marine discharge consents and marine dumping consents
Subpart 2A repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87A: Application
Section 87A repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87B: Application for marine discharge consent or marine dumping consent
Section 87B repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87C: Process before Environmental Protection Authority makes decision
Section 87C repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87D: Environmental Protection Authority's consideration of application
Section 87D repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87E: Information principles relating to discharges and dumping
Section 87E repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87F: Decision on application for marine discharge consent or marine dumping consent
Section 87F repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87G: Conditions and decision-making process
Section 87G repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87H: Duration of marine discharge consents and marine dumping consents
Section 87H repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87I: Exercise of consents, transfer, review, and minor changes
Section 87I repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
87J: Change or cancellation of marine dumping consent or marine discharge consent on application by consent holder
Section 87J repealed 1 June 2017 section 249 Resource Legislation Amendment Act 2017
3: Marine consents for cross-boundary activities
88: Interpretation
In this subpart, unless the context otherwise requires,— assessment of environmental effects section 88(2)﻿(b) coastal marine area section 2(1) cross-boundary activity joint application for consent joint application Resource Management Act 1991 processing
a: before a hearing is held; or
b: if no hearing is held, before a decision is made on the application relevant resource consent authority
a: the resource consent authority responsible for a district or region in which part of a cross-boundary activity is or is intended to be undertaken; or
b: the Minister of Conservation, in relation to the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island resource consent section 2(1) resource consent authority section 2(1) Section 88 consent authority repealed 1 June 2017 section 250(1) Resource Legislation Amendment Act 2017 Section 88 processing inserted 1 June 2017 section 250(2) Resource Legislation Amendment Act 2017 Section 88 relevant consent authority repealed 1 June 2017 section 250(1) Resource Legislation Amendment Act 2017 Section 88 relevant resource consent authority inserted 1 June 2017 section 250(2) Resource Legislation Amendment Act 2017 Section 88 resource consent authority inserted 1 June 2017 section 250(2) Resource Legislation Amendment Act 2017
89: Application of this subpart
1: This subpart applies to a proposal to undertake a cross-boundary activity that cannot be carried out without—
a: a resource consent for the part of the activity that is carried out in the coastal marine area; and
b: a marine consent for the part of the activity that is carried out in the exclusive economic zone or in or on the continental shelf.
2: However, this subpart does not apply if a part of the activity to be carried out in the coastal marine area is a restricted coastal activity under section 117 EPA may decide whether joint or separate applications for consent required
90: Application for consent for cross-boundary activity
A person who intends to undertake a cross-boundary activity may—
a: prepare a joint application for consent that complies with the requirements of—
i: this Act and any regulations in relation to the part of the activity that relates to the exclusive economic zone or the continental shelf; and
ii: the Resource Management Act 1991
b: apply for a marine consent and a resource consent for a cross-boundary activity separately, whether concurrently or at different times.
91: Joint application for consent for cross-boundary activity
1: If a person makes a joint application for consent, the joint application must be sent to—
a: the relevant resource consent authority; and
b: the Environmental Protection Authority.
2:
3: The joint application must include an assessment of effects that complies with section 88(2)﻿(b) section 39
4: The joint application may specify that the application for resource consent is lodged with the EPA under section 145 Section 91(1) replaced 1 June 2017 section 251 Resource Legislation Amendment Act 2017 Section 91(2) repealed 1 June 2017 section 251 Resource Legislation Amendment Act 2017
92: Separate applications for consents for cross-boundary activity
Subparts 2A to 2D
a: applies separately for consents for a cross-boundary activity, as described in section 90(b)
b: applies for a marine consent in relation to a cross-boundary activity and does not apply for a resource consent for the activity. Section 92 amended 1 June 2017 section 252 Resource Legislation Amendment Act 2017
93: Environmental Protection Authority may require joint application
1: At any time before or during the processing of an application for a marine consent for a cross-boundary activity, the Environmental Protection Authority may decide (whether on a request by the applicant or on its own initiative) that the application ought to be processed and heard (if a hearing is held) with an application for resource consent for the activity.
1A: However, the EPA cannot make a decision under subsection (1) if the application for a marine consent has been referred to a board of inquiry.
2: Subsection (1) applies despite a decision by an applicant to apply separately for resource and marine consents under section 90(b) section 92
3: In the case described in subsection (1), the EPA may decide—
a: not to continue with the processing relevant resource consent authority
b: to under section 43
4: The EPA must inform the applicant of its decision under subsection (1) as soon as practicable after making the decision.
5: If the EPA makes the decision in subsection (3)﻿(a) and the applicant then lodges an application for a resource consent for the cross-boundary activity, the application for resource consent and the application for a marine consent are a new joint application for consent made on the date on which the application for a resource consent was lodged. Section 93(1A) inserted 1 June 2017 section 253(1) Resource Legislation Amendment Act 2017 Section 93(3)﻿(a) amended 1 June 2017 section 253(2) Resource Legislation Amendment Act 2017 Section 93(3)﻿(a) amended 28 February 2014 section 34(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 93(3)﻿(b) amended 1 June 2017 section 253(3) Resource Legislation Amendment Act 2017 Section 93(3)﻿(b) amended 28 February 2014 section 34(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
94: Joint processing must cease when application for resource consent referred to Environment Court
1:
2:
3:
4: The EPA must cease processing a joint application for consent if—
a: the Minister for the Environment or the Minister of Conservation (in relation to a proposal of national significance) directs that the application for a resource consent be referred to the Environment Court for decision under section 142(2)﻿(b) 147(1)﻿(b)
b: the relevant consent authority agrees to the applicant's request made under section 87D
5: In the case described in subsection (4)﻿(a), section 149T
6: In the case described in subsection (4)﻿(b), sections 87F(2) to (5) 87G to 87I
7: In both cases described in subsection (4), the EPA must resume processing the application for a marine consent under subpart 2A Section 94 heading replaced 1 June 2017 section 254(1) Resource Legislation Amendment Act 2017 Section 94(1) repealed 1 June 2017 section 254(2) Resource Legislation Amendment Act 2017 Section 94(2) repealed 1 June 2017 section 254(2) Resource Legislation Amendment Act 2017 Section 94(3) repealed 1 June 2017 section 254(2) Resource Legislation Amendment Act 2017 Section 94(7) amended 1 June 2017 section 254(3) Resource Legislation Amendment Act 2017
94A: Environmental Protection Authority may decide to separate joint application
1: The Environmental Protection Authority may decide that the application for a resource consent and the application for a marine consent that comprise the joint application must cease to be processed as a joint application and continue to be processed separately.
2: However, the EPA cannot make a decision under subsection (1) if the joint application for consent has been referred to a board of inquiry.
3: Subsection (1) applies only if—
a: the EPA and the relevant resource consent authority agree that the applications are sufficiently unrelated that a joint process is not necessary; or
b: one application must be publicly notified, but not the other; or
c: a hearing is required for one application, but not the other; or
d: the joint processing of the applications for resource consent and marine consent that comprise the joint application for consent is not administratively efficient.
4: In any case described in subsection (1),—
a: the relevant resource consent authority must resume processing the application for resource consent under the Resource Management Act 1991
b: the EPA must resume processing the application for a marine consent under subpart 2A Section 94A inserted 1 June 2017 section 255 Resource Legislation Amendment Act 2017 Processing of joint application
95: Application of sections 96 and 97
Sections 96 97
96: Environmental Protection Authority to administer process
1: The Environmental Protection Authority is responsible for ensuring the efficient and co-ordinated processing of a joint application for consent for a cross-boundary activity.
2: The EPA must, in relation to the joint application, liaise with the relevant resource consent authority to—
a: prepare a request for further information under section 54
b: ensure that, if both applications must be publicly notified, they are notified jointly by the EPA and the relevant resource consent authority; and
c: set a closing date for the making of submissions (if applicable); and
d: receive submissions and provide copies of them to the relevant resource consent authority; and
e: provide general administrative services.
3: The EPA may extend a time period that applies to the processing of the application for a marine consent in order to ensure that (where applicable)—
a: the application for a marine consent is notified jointly with the application for resource consent:
b: submissions on the applications close on the same date. Section 96 replaced 1 June 2017 section 256 Resource Legislation Amendment Act 2017
97: Relevant consent authority and EPA to share information
1: The Environmental Protection Authority and the relevant consent authority must provide each other with copies of all information and reports relating to the application received by them after the joint application has been made.
2: The EPA and the relevant consent authority must provide the information as soon as practicable after they receive the information or report.
98: Separate decisions on marine consent and resource consent applications
1: Subject to sections 99 99A
a: the relevant marine consent authority must decide an application for a marine consent, a marine discharge consent, or marine dumping consent that is part of a joint application for consent; and
b: the relevant resource consent authority must decide the application for a resource consent that is part of a joint application.
2: Sections 59 to 71
3: Sections 104 to 116 Section 98 replaced 1 June 2017 section 257 Resource Legislation Amendment Act 2017 Nationally significant cross-boundary activities
99: Application for consent for nationally significant cross-boundary activity referred to board of inquiry
1: This section applies if the application for a resource consent for the part of the cross-boundary activity that is to be carried out in the coastal marine area is or is part of a proposal of national significance referred to a board of inquiry under section 142(2)﻿(a) 147(1)﻿(a)
2: The Environmental Protection Authority may delegate to the board of inquiry the EPA's functions in relation to an application for a marine consent that relates to the part of the activity that is to be carried out in the exclusive economic zone or in or on the continental shelf.
3: If the EPA delegates its functions under subsection (2), sections 50 51
a: the EPA must process the application for a marine consent together with the associated application for a resource consent; and
b: the provisions of the Resource Management Act 1991
4: If subsection (3) applies,—
a: the EPA must, if the application must be publicly notified under section 46
i: notify the application, if it has not already been notified; and
ii: receive submissions made under section 47
b: the board of inquiry must apply sections 59 to 67 a marine consent authority
5: The provisions referred to in subsection (3)﻿(b) are—
a: section 149L
b:
c: section 149R
d: section 149RA(1) and (2)
da: section 149S
e: section 149V section 149R(4)﻿(a) to (f)
6: An application for a resource consent is associated with an application for a marine consent if the applications relate to the same cross-boundary activity. Section 99(3) replaced 28 February 2014 section 37(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 99(3) amended 1 June 2017 section 258(1) Resource Legislation Amendment Act 2017 Section 99(4) replaced 28 February 2014 section 37(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 99(4)﻿(a) amended 1 June 2017 section 258(2) Resource Legislation Amendment Act 2017 Section 99(4)﻿(a)﻿(ii) amended 1 June 2017 section 258(3) Resource Legislation Amendment Act 2017 Section 99(4)﻿(b) amended 1 June 2017 section 258(4) Resource Legislation Amendment Act 2017 Section 99(5)﻿(b) repealed 11 July 2018 section 6 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2018 Section 99(5)﻿(c) replaced 28 February 2014 section 37(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 99(5)﻿(d) replaced 28 February 2014 section 37(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 99(5)﻿(da) inserted 28 February 2014 section 37(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 99(6) inserted 28 February 2014 section 37(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
99A: Joint applications for section 20 activity and for nationally significant activity to be referred to board of inquiry
1: This section applies to a joint application for consent if—
a: the application for a marine consent is for a section 20 activity; and
b: the application for a resource consent that is or is part of a proposal of national significance is to be referred to a board of inquiry under section 142(2)﻿(a) 147(1)﻿(a)
2: The responsible Ministers must, as soon as practicable after being notified in accordance with section 46(1)﻿(a)
a: decide the joint application; and
b: perform or exercise the functions, duties, and powers of a marine consent authority, prescribed in subparts 2C to 2E
3: The responsible Ministers must appoint 3 to 5 suitable persons to be members of the board of inquiry.
4: The Minister may, if he or she considers it appropriate, invite the EPA to nominate persons to be members of the board.
5: In appointing a person to the board, the responsible Ministers must consider the need for the board to have available to it, from its members,—
a: knowledge, skill, and experience relating to—
i: this Act and the Resource Management Act 1991
ii: the matter or type of matter that the board will be considering; and
iii: tikanga Māori; and
b: legal expertise; and
c: technical expertise in relation to the matter or type of matter that the board will be considering.
6: The EPA must—
a: process the application for a marine consent together with the associated application for a resource consent; and
b: publicly notify the application under section 46(1)﻿(a)
c: receive submissions made under section 47
7: Sections 50 to 52
8: Despite subsection (7), clauses 1 to 4 14
9: The following provisions of the Resource Management Act 1991
a: section 149L
b: section 149R
c: section 149RA(1) and (2)
d: section 149S
e: section 149V section 149R(4)﻿(a) to (f)
10: In this section, responsible Ministers
a: the Minister; and
b: the Minister for the time being responsible for the administration of the Resource Management Act 1991 Section 99A inserted 1 June 2017 section 259 Resource Legislation Amendment Act 2017
100: EPA must provide board of inquiry with necessary information
1: This section applies if an application for a marine consent is to be decided by a board of inquiry.
2: The EPA must provide the board of inquiry with each of the following things as soon as is reasonably practicable after receiving it:
a: the application for the marine consent:
b: all the information received by the EPA that relates to the application or the activity:
c: the submissions received by the EPA on the application.
3: The EPA must also prepare or commission a report on the key issues relating to the application and the activity, including—
a: any relevant provisions of regulations made under this Act; and
b: a statement on whether the application covers all aspects of the activity for which a marine consent is required.
4: The EPA must provide a copy of the report to—
a: the board of inquiry; and
b: the relevant consent authority; and
c: the applicant; and
d: every submitter.
4: Decommissioning plans
Subpart 4 inserted 1 June 2017 section 260 Resource Legislation Amendment Act 2017
100A: Submitting decommissioning plan for acceptance
1: The owner or operator of an offshore installation used in connection with petroleum production, or a structure, submarine pipeline, or submarine cable associated with such an installation, may submit a decommissioning plan to the Environmental Protection Authority for acceptance.
2: The decommissioning plan must—
a: identify the offshore installations, structures, submarine pipelines, and submarine cables that are to be decommissioned; and
b: fully describe how they are to be decommissioned; and
c: if it is a revised decommissioning plan referred to in section 100C
d: include any other information required by the regulations.
3: The regulations may elaborate on what information is required to be included in the plan under subsection (2)﻿(a) to (c). Section 100A inserted 1 June 2017 section 260 Resource Legislation Amendment Act 2017
100B: Assessment and acceptance of decommissioning plan
1: When a decommissioning plan is submitted, the Environmental Protection Authority must—
a: deal with the plan in accordance with the process prescribed by the regulations; and
b: assess the plan against the criteria prescribed by the regulations.
2: Having assessed the plan, the EPA must,—
a: if it is satisfied that the plan meets those criteria, accept the plan as the accepted decommissioning plan for the installations, structures, pipelines, and cables to which it relates; or
b: otherwise, refuse to accept the plan.
3: To avoid doubt, the EPA may refuse to accept a plan if it considers that it does not have adequate information to determine whether it meets the criteria.
4: The EPA must give to the owner or operator—
a: written notice of its decision under subsection (2); and
b: if it refuses to accept the plan, written reasons for that decision. Section 100B inserted 1 June 2017 section 260 Resource Legislation Amendment Act 2017
100C: Amendment of accepted decommissioning plan
1: If the owner or operator of an offshore installation, structure, submarine pipeline, or submarine cable wishes to amend the accepted decommissioning plan (the current plan section 100A
2: If the EPA accepts the revised plan under section 100B(2)﻿(a)
a: the current plan ceases to be the accepted decommissioning plan; and
b: the revised plan becomes the accepted decommissioning plan in its place. Section 100C inserted 1 June 2017 section 260 Resource Legislation Amendment Act 2017
100D: Requirement for public consultation
1: Regulations made for the purposes of section 100B
2: However, in relation to a revised decommissioning plan referred to in section 100C
a: that public consultation is required only in relation to the changes from the current plan (as defined in section 100C
b: that public consultation is not required if the EPA is satisfied that the effect on the environment and existing interests of implementing the revised decommissioning plan would not be materially different from, or would be less than, the effect of implementing the current plan.
3: Regulations are to be regarded as providing for public consultation
a: require the EPA to publicly notify the plan; and
b: allow any person who wishes to make a submission about the plan a reasonable opportunity to do so; and
c: require the owner or operator of the offshore installation, structure, submarine pipeline, or submarine cable to consider each submission and either—
i: amend the plan in response to the submission; or
ii: explain to the EPA why it does not propose to amend the plan in response to the submission. Section 100D inserted 1 June 2017 section 260 Resource Legislation Amendment Act 2017
4: Objections, appeals, and enforcement
1: Objections to decisions of marine consent authority
Subpart 1 heading replaced 1 June 2017 section 261 Resource Legislation Amendment Act 2017 Objections
101: Right of objection to Environmental Protection Authority against certain decisions
1: An applicant for a marine consent may object to a decision of a marine consent authority—
a: under section 40
b: under section 41
c: under section 56
2: A submitter whose submission or part of whose submission is struck out a marine consent authority
3: A consent holder may object to a decision of the EPA to—
a: change a condition of a consent or cancel a consent under section 81
b: shorten or refuse to extend the duration of a consent under section 82
c: make a minor change to a condition under section 83
d: refuse to extend the period after which a consent lapses under section 85
e: cancel a consent under section 86
f: refuse to change or cancel a condition as requested by the consent holder under section 87 Section 101(1) replaced 1 June 2017 section 262(1) Resource Legislation Amendment Act 2017 Section 101(2) amended 1 June 2017 section 262(2)﻿(a) Resource Legislation Amendment Act 2017 Section 101(2) amended 1 June 2017 section 262(2)﻿(b) Resource Legislation Amendment Act 2017
102: Procedure for making or hearing objection
1: An objection made under section 101 a marine consent authority
2: The notice of objection must set out the reasons for the objection.
3: The marine consent authority
a: give the person who made the objection an opportunity to be heard; and
b: consider and decide the objection within 20 working days after receipt of the notice of objection. Section 102(1) amended 1 June 2017 section 263(1) Resource Legislation Amendment Act 2017 Section 102(3) amended 1 June 2017 section 263(2) Resource Legislation Amendment Act 2017
103: Decision on objection
1: A marine consent authority
a: dismiss the objection; or
b: uphold the objection in whole or in part.
2: Not later than 5 working days after the marine consent authority
a: the person who made the objection; and
b: any other person the marine consent authority
3: A decision must include the reasons for the decision. Section 103(1) amended 1 June 2017 section 264(1) Resource Legislation Amendment Act 2017 Section 103(2) amended 1 June 2017 section 264(2) Resource Legislation Amendment Act 2017 Section 103(2)﻿(b) amended 1 June 2017 section 264(2) Resource Legislation Amendment Act 2017
104: Appeals against decisions on objections
1: Any person who has made an objection under section 101
2: This section does not apply to a person who has exercised a right of appeal under section 105
1A: Appeals against Environmental Protection Authority decisions
Subpart 1A heading inserted 1 June 2017 section 265 Resource Legislation Amendment Act 2017 Appeal to High Court on question of law
105: Appeals on question of law
1: The applicant for a consent or any submitter on an application for a consent may appeal to the High Court against the whole or a part of a decision of the Environmental Protection Authority to—
a: grant an application for a consent; or
b: refuse
c: impose any conditions on a consent.
2: The holder of a consent or any submitter on the review of a consent may appeal to the High Court against the whole or a part of a decision of the Environmental Protection Authority to—
a: change a condition of a consent under section 81(1)
b: shorten, extend, or refuse to extend the duration of a consent under section 82
c: cancel a consent under section 81(3)
3: The holder of a consent or any submitter may appeal to the High Court against the whole or a part of a decision of the EPA to refuse to change or cancel a condition as requested by the consent holder under section 87
4: An appeal lodged under this section may be only on a question of law.
5: This section is in addition to the rights provided for in section 101 Section 105(1)﻿(b) amended 1 June 2017 section 266 Resource Legislation Amendment Act 2017 Section 105(2)﻿(c) amended 28 February 2014 section 38 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
106: Notice of appeal
1: An appellant must file a notice of appeal with the Registrar of the High Court in Wellington within 15 working days after the date on which the appellant is notified of the decision of the Environmental Protection Authority.
2: The appellant must also serve a copy of the notice of the appeal on the EPA within the time limit specified in subsection (1).
3: The notice of appeal must specify—
a: the decision or part of the decision appealed against; and
b: the error of law alleged by the appellant; and
c: the grounds of appeal with sufficient particularity for the court and other parties to understand them; and
d: the relief sought.
4: The appellant must serve a copy of the notice of appeal on—
a: the applicant or consent holder, if the appellant is not the applicant or consent holder; and
b: any submitter on the application for consent, or a change of the consent conditions, or a review of consent conditions.
5: The appellant must comply with subsection (4) no later than 5 working days after the appeal is filed.
6: The EPA must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal.
107: Right to appear and be heard on appeal
1: The applicant for, or holder of, the consent to which the appeal relates and any submitters who wish to appear on an appeal to the High Court must give notice of intention to appear to—
a: the appellant; and
b: the Registrar of the High Court; and
c: the Environmental Protection Authority.
2: The notice to appear must be served within 10 working days after the person was served with the notice of appeal.
108: Parties to appeal
The parties to an appeal before the High Court are—
a: the appellant; and
b: the Environmental Protection Authority; and
c: a person who gives notice of intention to appear under section 107
d: a person who becomes a party to an appeal under section 109
109: Representation at proceedings
Section 109 repealed 1 June 2017 section 267 Resource Legislation Amendment Act 2017
110: Dismissal of appeal
The High Court may dismiss an appeal if—
a: the appellant does not appear at the hearing of the appeal; or
b: the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal.
111: Date of hearing
1: An appeal is ready for hearing when the appellant notifies the Registrar of the High Court that the notice of appeal has been served on all parties to the proceedings.
2: The Registrar must arrange a hearing date as soon as practicable after being notified that the notice of appeal has been served on all parties to the proceedings.
112: Application of
High Court Rules 2016 The High Court Rules 2016 sections 105 to 111 Section 112 heading amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 112 amended 18 October 2016 section 183(c) Senior Courts Act 2016 Appeal to Court of Appeal
113: Appeal to Court of Appeal
Subpart 8 section 105 section 300 Section 113 amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
1B: Appeals against decisions of boards of inquiry
Subpart 1B inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017 Appeal to High Court on question of law Heading inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113A: Appeals on question of law
1: The applicant for a consent or any submitter on an application for a consent may appeal to the High Court against the whole or a part of a decision of a board of inquiry to—
a: grant an application for a consent; or
b: refuse an application; or
c: impose any conditions on a consent.
2: An appeal lodged under this section may be only on a question of law.
3: This section is in addition to the rights provided for in section 101 Section 113A inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113B: Notice of appeal
1: An appellant must file a notice of appeal with the Registrar of the High Court in Wellington within 15 working days after the date on which the appellant is notified of the decision of a board of inquiry.
2: The appellant must also serve a copy of the notice of the appeal on the board of inquiry and the EPA within the time limit specified in subsection (1).
3: The notice of appeal must specify—
a: the decision or part of the decision appealed against; and
b: the error of law alleged by the appellant; and
c: the grounds of appeal with sufficient particularity for the court and other parties to understand them; and
d: the relief sought.
4: The appellant must serve a copy of the notice of appeal on—
a: the applicant or consent holder, if the appellant is not the applicant or consent holder; and
b: any submitter on the application for consent, or a change of the consent conditions, or a review of consent conditions.
5: The appellant must comply with subsection (4) no later than 5 working days after the appeal is filed.
6: The board of inquiry must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal. Section 113B inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113C: Right to appear and be heard on appeal
1: The applicant for, or holder of, the consent to which the appeal relates and any submitters who wish to appear on an appeal to the High Court must give notice of intention to appear to—
a: the appellant; and
b: the Registrar of the High Court; and
c: the Environmental Protection Authority; and
d: the board of inquiry.
2: The notice to appear must be served within 10 working days after the person is served with the notice of appeal. Section 113C inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113D: Parties to appeal
The parties to an appeal before the High Court are—
a: the appellant; and
b: the board of inquiry whose decision is being appealed; and
c: the Environmental Protection Authority; and
d: a person who gives notice of intention to appear under section 113C
e: a person who becomes a party to an appeal under section 113I Section 113D inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113E: Dismissal of appeal
The High Court may dismiss an appeal if—
a: the appellant does not appear at the hearing of the appeal; or
b: the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal. Section 113E inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113F: Date of hearing
1: An appeal is ready for hearing when the appellant notifies the Registrar of the High Court that the notice of appeal has been served on all parties to the proceedings.
2: The Registrar must arrange a hearing date as soon as practicable after being notified that the notice of appeal has been served on all parties to the proceedings. Section 113F inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113G: Application of High Court Rules 2016
The High Court Rules 2016 sections 113A to 113F Section 113G inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017 Appeal to Supreme Court Heading inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113H: Appeal to Supreme Court
1: Any party to an appeal under section 113D
2: The Supreme Court may—
a: grant leave; or
b: deny leave; or
c: remit the appeal to the Court of Appeal.
3: No appeal may be made from any appeal determined by the Court of Appeal under subsection (2)﻿(c).
4: An application for leave for the purposes of subsection (1) must be filed no later than 10 working days after the determination of the High Court. Section 113H inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
1C: Proceedings generally
Subpart 1C inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
113I: Representation at proceedings
1: The following persons may be a party to any proceedings before the High Court under this Act:
a: the Attorney-General, representing a relevant aspect of the public interest:
b: the relevant resource consent authority in relation to proceedings affecting a cross-boundary activity to which subpart 3
2: A person described in subsection (1) may become a party to the proceedings by giving notice to the High Court and to all other parties within 15 working days after—
a: the period for lodging a notice of appeal ends, if the proceedings are an appeal:
b: the proceedings are commenced, in any other case.
3: The notice given under subsection (2) must state—
a: the proceedings in which the person has an interest; and
b: whether the person supports or opposes the proceedings and the reasons for that support or opposition; and
c: if applicable, the grounds for seeking representation under subsection (1)﻿(a); and
d: an address for service.
4: A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsection (5).
5: Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal or other proceeding.
6: A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter. Section 113I inserted 1 June 2017 section 268 Resource Legislation Amendment Act 2017
2: Enforcement
114: Proceedings to be heard by Environment Judge
1: All proceedings in relation to enforcement orders must be heard by an Environment Judge sitting alone or by the Environment Court.
2: Proceedings relating to an interim enforcement order must be heard by—
a: an Environment Judge sitting alone; or
b: in the District Court by a District Court Judge who is an Environment Judge.
3: Proceedings under section 132
4: Despite subsections (2) and (3), the proceedings described in those subsections need not be heard by a District Court Judge who is an Environment Judge if the Chief District Court Judge directs otherwise. Enforcement order
115: Enforcement order
1: In this Part, enforcement order section 114
a: requires a person to stop doing something, or prohibits the person from starting to do something that, in the opinion of the court, breaches or is likely to breach this Act, any regulations, or a marine consent:
b: requires a person to do something that, in the opinion of the court, is necessary to—
i: ensure that the person complies with this Act, any regulations, or a marine consent; or
ii: avoid, remedy, or mitigate any actual or likely adverse effects on the environment or existing interests that result from any breach of this Act, regulations, or a marine consent by the person:
c: requires a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses which that other person has incurred or is likely to incur in taking reasonable measures to avoid, remedy, or mitigate any adverse effect on the environment or existing interests, where the person against whom the order is sought fails to comply with—
i: an order under any other paragraph of this subsection; or
ii: regulations or a marine consent; or
iii: any of that person's other obligations under this Act:
d: changes or cancels a consent if—
i: the court is of the opinion that the information provided to the Environmental Protection Authority by the applicant contained inaccuracies relevant to the enforcement order sought that materially influenced the decision to grant the consent; and
ii: the effects of the exercise of the consent are such that more appropriate conditions are needed or the consent should be cancelled.
2: For the purposes of subsection (1)﻿(c), actual and reasonable costs
3: In subsection (1), an act done or to be done, or any adverse effects caused, by a person includes an act done or to be done, or adverse effects caused, on the person's behalf.
4: An enforcement order may be made on such terms and conditions as the Environment Court thinks fit (including the payment of any charge provided for by regulations, the provision of security, or the entry into a bond for performance).
5: An enforcement order will, if the court so states, apply to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.
116: Application for enforcement order
1: The Environmental Protection Authority, an enforcement officer, or any other person may apply to the Environment Court for an enforcement order.
2: The application for an enforcement order must be in the prescribed form and specify the relief sought.
3: Part 11 Part 12
117: Notice of application for enforcement order
1: The applicant for an enforcement order must serve notice of the application for the order—
a: on every person directly affected by the application; and
b: if the applicant is not the EPA or an enforcement officer, on the EPA.
2: The notice must be—
a: in the prescribed form; and
b: served within 5 working days after the application is made to the Environment Court.
118: Right to be heard
Before deciding an application for an enforcement order, the Environment Court must—
a: hear the applicant for the enforcement order; and
b: hear the person against whom the order is sought, if the person wishes to be heard.
119: Decision on application for enforcement order
After considering an application for an enforcement order, the Environment Court may—
a: make an order under section 115
b: refuse the application.
120: Interim enforcement order
1: Sections 115 to 119
2: If an Environment Judge or a District Court Judge considers there is an imminent risk of serious adverse effects resulting from a breach of the Act, regulations, or a marine consent, the Judge may make an interim enforcement order—
a: without requiring service of notice in accordance with section 117
b: without holding a hearing.
3: Before making an interim enforcement order, the Environment Judge or the District Court Judge must consider—
a: what the effect of not making the order would be on the environment and existing interests; and
b: whether the applicant has given an appropriate undertaking as to damages; and
c: whether the Judge should hear the applicant or any person against whom the interim order is sought; and
d: such other matters as the Judge thinks fit.
4: The Judge must direct the applicant for the interim enforcement order or another person to serve a copy of the interim enforcement order on the person against whom the order is made.
5: The interim enforcement order takes effect on and from the date on which it is served or such later date as the order specifies.
121: Application to change or cancel interim enforcement order
1: This section applies to a person—
a: against whom an interim enforcement order has been made; and
b: who was not heard by the Judge who made the order before the order was made.
2: The person may apply, as soon as practicable after service of the order, to an Environment Judge or a District Court Judge to change or cancel the order.
3: The Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order after hearing from the person, the applicant, and any other person the Judge thinks fit.
4: An interim enforcement order stays in force until an application for an enforcement order under section 115 section 123
122: Compliance with enforcement order
1: Where an enforcement order is made against a person and that enforcement order is served on that person, that person must—
a: comply with the order; and
b: unless the order directs otherwise, pay all the costs of complying with the order.
2: If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—
a: comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse or a marae); and
b: recover the costs of doing so as a debt due from that person.
123: Change or cancellation of enforcement order
1: The applicant for an enforcement order or the person against whom an enforcement order is made may apply to the Environment Court in the prescribed form to change or cancel the order.
2: Subsection (1) does not limit section 121(2)
3: Sections 117 to 119
124: Restriction on certain applications for enforcement orders
1: No person may apply to the Environment Court for an enforcement order of a kind specified in any of section 115(1)﻿(a) to (c)
a: by or on behalf of the Director of Maritime New Zealand under section 248 249
b: by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
c: by or on behalf of any on-scene commander under section 305 311 section 310
d: by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305
2: No person may apply for an enforcement order of a kind specified in section 115(1)﻿(c)
a: the costs that a person has incurred or is likely to incur constitute pollution damage (as defined in section 342
b: in respect of those costs, the person is liable in damages under Part 25
3: Neither the Environment Court nor any other court may make an order relating to such damage in any proceedings (including prosecutions for offences) under this Act. Abatement notices
125: Abatement notices
1: An enforcement officer may serve on any person an abatement notice requiring the person—
a: to stop doing something, or prohibiting the person from starting to do something, that, in the opinion of the enforcement officer, contravenes or is likely to contravene this Act, any regulations, or a marine consent:
b: to do something that, in the opinion of the enforcement officer, is necessary to ensure the person complies with this Act, regulations made under it, or a marine consent, and also necessary to avoid, remedy, or mitigate any actual or likely adverse effect on the environment or existing interests.
2: In subsection (1), something done, or any adverse effects caused, by a person includes something done, or an adverse effect caused, on the person's behalf.
3: An abatement notice may be made subject to conditions that are reasonable in the circumstances.
4: An enforcement officer must not serve an abatement notice unless the enforcement officer has reasonable grounds for believing that any of the circumstances described in subsection (1) exist.
126: Compliance with abatement notice
Any person on whom an abatement notice is served must—
a: comply with the notice within the period specified in the notice; and
b: unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.
127: Form and content of abatement notice
An abatement notice must be in the prescribed form and must state—
a: the name of the person to whom it is addressed; and
b: the reasons for the notice; and
c: the action required to be taken or discontinued or not undertaken; and
d: the reasonable period within which the action must be taken or discontinued, having regard to the circumstances giving rise to the abatement notice; and
e: the consequences of not complying with the notice; and
f: the rights of appeal under section 129
128: Cancellation of abatement notice
1: The Environmental Protection Authority may cancel an abatement notice at any time if it considers that the abatement notice is no longer required.
2: A person who is directly affected by an abatement notice may apply in writing to the EPA to change or cancel the abatement notice.
3: The EPA must consider the application as soon as practicable and may confirm, change, or cancel the abatement notice.
4: In deciding an application, the EPA must have regard to—
a: the purpose for which the abatement notice was given; and
b: the effect of a change or cancellation of the notice on the purpose for which the notice was given; and
c: any other matter the EPA thinks fit.
5: The EPA must give written notice to any person subject to an abatement notice of its decision under subsection (1) to cancel the abatement notice, or, under subsection (3), to confirm, change, or cancel the notice.
6: The EPA must also give written notice of its decision under subsection (3) to the person who applied under subsection (2).
129: Appeals
1: A person served with an abatement notice may appeal to the Environment Court against the whole or any part of the notice.
2: Notice of an appeal must—
a: be in the prescribed form; and
b: state the reasons for the appeal and the relief sought; and
c: state any matters required by regulations; and
d: be lodged with the Environment Court and served on the EPA within 15 working days after service of the abatement notice on the person who lodged the appeal.
3: Part 11 Part 12
130: Restrictions on certain abatement notices
No person may serve an abatement notice on a person in respect of anything done or to be done by or on behalf of—
a: the Director of Maritime New Zealand under section 248 249
b: a person in accordance with instructions issued under either of those sections; or
c: an on-scene commander under section 305 311 section 310
d: the master or owner of a ship, or the owner or operator of an oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 311
131: Proceedings in Environment Court
Sections 299 to 308 Offences and defences in relation to activities regulated under section 20 Heading replaced 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
132: Offences in relation to activities regulated under section 20
1: This section applies if an activity described in section 20(2) or (4)
2: The following persons commit an offence:
a: if the activity involves a structure, the owner of the structure:
b: if the activity involves a ship, the master and owner of the ship:
c: if the activity involves a submarine pipeline, the owner of the pipeline:
d: if the activity involves a submarine cable, the owner of the cable:
e: if the activity is one described in section 20(2)﻿(d) to (g)
f: if the activity is one described in section 20(4)﻿(b) or (c)
3: In this section and sections 134 134B to 134D owner
a: in relation to a ship, includes—
i: a person who is the legal or equitable owner, or both, of the ship; and
ii: a person in possession of the ship; and
iii: a charterer, a manager, or an operator of the ship, or any other person (other than a pilot) responsible for the navigation or management of the ship:
b: in relation to an offshore installation, includes—
i: the person having a right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and
ii: the manager, lessee, licensee, or operator of the installation; and
iii: any agent or employee of the owner, manager, lessee, licensee, or operator of the installation, or the person in charge of any operations connected with the installation:
c: in relation to a structure other than an offshore installation, includes any manager, lessee, licensee, or operator of the structure, or the person in charge of the structure:
d: in relation to a submarine pipeline or submarine cable, includes any manager, lessee, licensee, or operator of the pipeline or cable. Section 132 replaced 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
133: Strict liability and defences
1: In a prosecution for an offence of breaching, or permitting a breach of, section 20
2: It is a defence to a prosecution of the kind referred to in subsection (1) if the defendant proves—
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment or existing interests; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
b: that the action or event to which the prosecution relates resulted from an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Subsection (2) applies only if the defendant delivers to the prosecutor within 7 days after the service of the summons, or such further time as the court may allow, a written notice—
a: stating that the defendant intends to rely on subsection (2); and
b: specifying the facts that support his or her reliance on subsection (2).
4: However, the court may grant leave to the defendant to rely on subsection (2) even if the defendant does not comply with subsection (3). Section 133 replaced 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Offences and defences in relation to discharge or escape of harmful substances Heading inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134: Offences in relation to discharge of harmful substances
1: This section applies if a harmful substance is discharged into the sea or onto or into the seabed in breach of 1 or more of sections 20B 20C
2: The following persons commit an offence:
a: if the discharge is from an offshore installation, the owner of the offshore installation:
b: if the discharge is from a submarine pipeline, the owner of the pipeline:
c: if the discharge is from a ship, the master and the owner of the ship:
d: if the discharge is as a result of mining activity, the person in charge of and the person carrying on the mining activity:
e: if the discharge is of a kind referred to in paragraph (a), (b), or (c), and results from intentional damage caused by a person not referred to in that paragraph, the person who committed the damage. Section 134 replaced 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134A: Defence
It is a defence to proceedings for an offence against section 134
a: the harmful substance was discharged for the purpose of securing the safety of a ship or offshore installation or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or
b: the harmful substance escaped as a consequence of damage to the ship or its equipment, to an offshore installation or its equipment, to a pipeline, or to any apparatus (other than a ship) used in connection with any mining activity and—
i: the damage occurred without the negligence or deliberate act of the defendant; and
ii: as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if any escape could not be prevented, to minimise the escape. Section 134A inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Offences and defences in relation to dumping Heading inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134B: Offences in relation to dumping of radioactive waste or other radioactive matter
The following persons each commit an offence if radioactive waste or other radioactive matter is dumped in breach of section 20E
a: the master and the owner of a ship, if the dumping is from the ship:
b: the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft:
c: the owner of an offshore installation, if the dumping is from the offshore installation. Section 134B inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134C: Offences in relation to dumping of toxic or hazardous waste
The following persons each commit an offence if toxic or hazardous waste is dumped in breach of section 20F
a: the master and the owner of a ship, if the dumping is from the ship:
b: the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft:
c: the owner of an offshore installation, if the dumping is from the offshore installation. Section 134C inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134D: Offences in relation to dumping and incineration of waste and other matter
1: The master and the owner of a ship each commits an offence if—
a: waste or other matter is dumped from the ship in breach of section 20G
b: the ship is dumped in breach of section 20G
2: The person in possession of, and the owner of, an aircraft each commits an offence if—
a: waste or other matter is dumped from the aircraft in breach of section 20G
b: the aircraft is dumped in breach of section 20G
3: The owner of an offshore installation commits an offence if—
a: waste or other matter is dumped from the offshore installation in breach of section 20G
b: the offshore installation is dumped in breach of section 20G
4: The following persons each commit an offence if waste or other matter is incinerated at sea in breach of section 20I
a: the owner and master of a ship, if the incineration occurs on the ship; or
b: the owner of a structure, if the incineration occurs on the structure.
5: The following persons each commit an offence if human remains are disposed of in breach of section 20J
a: the owner and master of a ship, if the remains are disposed of from the ship:
b: the person in possession of, and the owner of, an aircraft, if the remains are disposed of from the aircraft:
c: the owner of a structure, if the remains are disposed of from the structure. Section 134D inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134E: Defence in relation to dumping of waste or other matter
In a prosecution for an offence against section 134D
a: was necessary—
i: to save or prevent danger to human health or safety, or the marine environment; or
ii: to avert a serious threat to the ship, aircraft, or offshore installation; or
iii: in the case of force majeure caused by stress of weather, to secure the safety of the ship, aircraft, or offshore installation; and
b: was a reasonable step to take in all the circumstances; and
c: was likely to result in less damage than would otherwise have occurred; and
d: was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. Section 134E inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Other offences Heading inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134F: Offence in relation to enforcement order, abatement notice, section 24, or section 167
A person commits an offence against this Act who breaches, or permits a breach of, any of the following:
a: an enforcement order or an abatement notice:
b: section 24 167 Section 134F inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134G: Other offences
1: A person commits an offence against this Act who breaches, or permits a breach of, any of the following:
a: a requirement under section 35(3)
b: a requirement to provide certain information to an enforcement officer under section 140
c: a direction given by the EPA under section 158
d: an order (other than an enforcement order) made by the Environment Court or the High Court.
2: A person commits an offence against this Act who—
a: wilfully obstructs, hinders, resists, or deceives any person in the execution of a power conferred on that person by or under this Act; or
b: contravenes or permits a contravention of a summons or order to give evidence issued or made under a provision of the Commissions of Inquiry Act 1908 clause 4 clause 5 clause 9 Section 134G inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 134G(2)﻿(b) amended 1 June 2017 section 269 Resource Legislation Amendment Act 2017 Penalties Heading inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134H: Penalties
1: A person who commits an offence against this Act (other than against section 134G
a: in the case of a natural person, to a fine not exceeding $300,000:
b: in the case of a person other than a natural person, to a fine not exceeding $10 million.
2: The person is also liable on conviction, if the offence is a continuing one, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues.
3: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is a continuing offence. Section 134H inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134I: Additional penalties for discharge and dumping offences
A person who commits an offence against section 134 134B 134C 134D
a: removing, containing, rendering harmless, or dispersing any harmful substance to which the offence relates; and
b: removing or dispersing any waste or other matter to which the offence relates. Section 134I inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134J: Penalties for section 134G offences
1: A person who commits an offence against section 134G(1)
2: A person who commits an offence against section 134G(2) Section 134J inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134K: Court orders
1: This section applies if a person is convicted of an offence against this Act.
2: The court may, instead of or in addition to imposing a fine, make 1 or more of the following orders:
a: an order specified in section 115
b: an order requiring the Environmental Protection Authority to serve notice, under section 76(2) Section 134K inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134L: Additional penalty for offence involving commercial gain
1: A court may order a person convicted of an offence against this Act to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of the offence if the court is satisfied that the offence was committed in the course of producing commercial gain.
2: The penalty imposed under subsection (1) is in addition to any other penalty the court may impose under this Act.
3: The court must assess the value of any gain for the purpose of subsection (1).
4: The amount of the additional penalty imposed under subsection (1) is recoverable in the same manner as a fine. Section 134L inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
134M: Application of fines for discharge and dumping offences
1: A court that convicts a person for an offence against section 134 134B 134C 134D
2: The specified person must apply the money towards meeting the costs of either or both—
a: removing, containing, rendering harmless, or dispersing the harmful substance or waste or other matter:
b: repairing the damage resulting from the discharge of the harmful substance or dumping of waste or matter. Section 134M inserted 31 October 2015 section 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
135: Liability of principal for acts of agents
1: The consequence specified in subsection (2) applies if a person (the agent
a: acting as an agent (including a contractor) or employee of another person (the principal
b: in charge of a ship owned by another person (the principal
2: The principal is liable in the same manner and to the same extent as if the principal had personally committed the offence.
3: The liability of the principal is without prejudice to the liability of the agent.
4: Despite subsection (2), if proceedings are brought in reliance on that subsection, it is a defence if the defendant proves,—
a: in the case of a natural person (including a partner in a firm), that—
i: he or she did not know, nor could reasonably be expected to have known, that the offence was to be or was being committed; or
ii: he or she took all reasonable steps to prevent the commission of the offence; or
b: in the case of a person other than a natural person, that—
i: neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
ii: the defendant took all reasonable steps to prevent the commission of the offence; and
c: the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
5: If a person other than a natural person is convicted of an offence against this Act, a director (if any), or a person involved in the management of, the defendant is guilty of the same offence if it is proved that—
a: the act or omission that constituted the offence took place with his or her authority, permission, or consent; and
b: he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
136: Commencement of offence proceedings
Only an enforcement officer may file a charging document against Section 136 amended 31 October 2015 section 40 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 136 amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
136A: Commencement of proceedings against natural person
1: Criminal proceedings may not be commenced against a natural person in relation to an offence under this Act unless—
a: the natural person is—
i: a New Zealand citizen; or
ii: a person who is ordinarily resident in New Zealand; or
b: in the case of any other person, the Attorney-General consents to the commencement of the proceedings and certifies that it is expedient to do so.
2: However, before the Attorney-General's consent has been obtained,—
a: a person described in subsection (1)﻿(b) may be arrested or a warrant for the person's arrest may be issued and executed; and
b: the person may be remanded in custody or on bail.
3: This section overrides any other enactment that is inconsistent with this section. Section 136A inserted 31 October 2015 section 41 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
137: Limitation period
1: Despite anything to the contrary in section 25 ends on the date that is 12 date on which
2: The period of 12
3: Section 137(1) amended 1 June 2017 section 270 Resource Legislation Amendment Act 2017 Section 137(1) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 137(2) amended 1 June 2017 section 270 Resource Legislation Amendment Act 2017 Section 137(3) repealed 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Appointment and powers of enforcement officers
138: Enforcement officers
1: The Environmental Protection Authority may appoint a person described in subsection (2) to be an enforcement officer for either or both of the following purposes:
a: to ensure compliance with this Act, regulations, and marine consents; or
b: to exercise the power of inspection under section 141
2: A person is eligible for appointment as an enforcement officer if the person—
a: has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to the person; or
b: is an employee of the EPA who is suitably qualified and trained.
3: The EPA must supply each enforcement officer with a warrant that—
a: states the full name of the person; and
b: includes a summary of the powers conferred on the person under this Act.
4: An enforcement officer who holds a warrant issued under this section must, on the termination of his or her appointment, surrender the warrant to the EPA.
139: Exercise of powers
1: An enforcement officer may exercise the powers under this Act, in accordance with his or her warrant, only for the purposes for which he or she was appointed.
2: An enforcement officer exercising a power under this Act must have with him or her, and must produce if required to do so, his or her warrant and evidence of his or her identity.
140: Power to require certain information
1: This section applies if an enforcement officer believes on reasonable grounds that a person is committing or has committed an offence against this Act.
2: The enforcement officer may require the person to give the officer the following information:
a: if the person is a natural person, his or her full name, address, and date of birth:
b: if the person is not a natural person, the person's full name and address.
141: Power of entry for inspection
1: An enforcement officer may at all reasonable times, for the purpose specified in subsection (3), enter and inspect—
a: a place, vehicle, vessel, or structure in New Zealand or the exclusive economic zone, except a dwellinghouse or marae; and
b: a structure located on the continental shelf in connection with the exploration of the continental shelf or the exploitation of its natural resources; and
c: a vessel in the waters above the continental shelf that is beyond the exclusive economic zone.
2: The power to enter and inspect allows the person to—
a: inspect any item found in a place, vehicle, vessel, or structure entered in accordance with subsection (1):
b: take a sample of any substance:
c: seize anything that may be lawfully seized:
d: conduct examinations, tests, inquiries, and demonstrations:
e: require the production of, and copy, any document or part of a document.
3: The purpose for which the power to enter and inspect may be exercised is to determine whether the following are being complied with:
a: this Act, any regulations, or a marine consent:
b: an abatement notice:
c: an enforcement order.
4: The power to enter and inspect may only be exercised in relation to a place, vehicle, vessel, or structure described in subsection (1) if the enforcement officer is expressly authorised in writing by the Environmental Protection Authority to enter that place, vehicle, vessel, or structure.
5: Before an enforcement officer exercises a power to board and inspect a foreign vessel under subsection (1)﻿(c), the officer must send a copy of the authority described in subsection (4) to the Secretary of Foreign Affairs.
6: The provisions of Part 4 sections 118 119
7: In this section,— enter foreign vessel Ship Registration Act 1992 Section 141(2) replaced 1 June 2017 section 271 Resource Legislation Amendment Act 2017
5: Miscellaneous, transitional provisions, and consequential amendments
1: Miscellaneous
Protection of the Crown and others
142: Protection of the Crown and others
The following persons are not liable for any loss or damage caused or any expense incurred as a result of a person lawfully carrying out functions or duties under this Act:
a: the Crown:
b: the chief executive of the Environmental Protection Authority:
c: the Environmental Protection Authority:
d: an enforcement officer:
e: a board of inquiry appointed under section 52 99 99A Section 142(e) inserted 1 June 2017 section 272 Resource Legislation Amendment Act 2017 Cost recovery
143: Principles of cost recovery
1: The Environmental Protection Authority must take all reasonable steps to recover so much of the direct and indirect costs incurred in performing its functions and providing services under this Act as are not provided for by money appropriated by Parliament for the purpose.
2: The functions and services include (but are not limited to)
a: assisting a person in the preparation of an application for a marine consent, whether or not the application is made:
b: receiving, processing, and deciding applications for marine consents:
c: receiving impact assessments provided under section 22 161 166
d: administering, monitoring, and supervising marine consents:
e: certifying that an activity complies with regulations:
f: advising a person proposing to undertake a permitted activity:
g: processing information that regulations require a person undertaking a permitted activity to provide, and monitoring a permitted activity if the monitoring is required by regulations:
h: reviewing the conditions or duration of a marine consent.
3: In determining the most appropriate method of cost recovery under section 144
a: equity, in that funding for a particular function or service or a particular class of function or service should generally, and to the extent practicable, be recovered from—
i: the person, or class of persons, who benefits from the performance of the function or service and at a level proportional to the person's or class of persons' benefit from the function or service; or
ii: the person, or class of persons, whose action or inaction gives rise to the exercise of the function at a level proportional to the person's or class of persons' contribution to the cost of performing the function:
b: efficiency, in that costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:
c: justification, in that costs should be collected only to meet the actual and reasonable costs (including indirect costs) of the performance of the relevant function or service:
d: transparency, in that costs should be identified and allocated as closely as practicable in relation to a function or service for the recovery period in which the function or service is performed.
4: Nothing in this section requires a strict apportionment of the costs to be recovered for a particular function or service based on usage, and, without limiting the way in which charges may be set, a charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of functions or services that do not directly benefit the person who pays the charge, but which are an indirect or potential cost arising from the performance of the function or service in question to a class of persons. Section 143(2) amended 1 June 2017 section 273 Resource Legislation Amendment Act 2017 Section 143(2)﻿(c) amended 31 October 2015 section 42 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
144: Methods of cost recovery
Costs may be recovered for the purpose of section 143(1)
a: fixed charges:
b: charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: charges for actual and reasonable costs spent in or associated with the performance of a function or service:
d: estimated charges, or charges based on estimated costs, paid before the performance of the function or service, followed by reconciliation and an appropriate further payment or refund after performance of the function or service:
e: refundable or non-refundable deposits paid before performance of the function or service.
145: Cost recovery to relate generally to financial year
1: Any regulations that prescribe a charge that applies in any financial year—
a: must have been made before the start of the financial year; but
b: apply in that year and all subsequent years until revoked or replaced, except as the regulations may otherwise provide.
2: Subsection (1) does not prevent the alteration or setting during any financial year of a charge payable in that year, if either—
a: the charge is reduced, removed, or restated without substantive alteration; or
b: in the case of an increase or a new charge,—
i: appropriate consultation has been carried out with persons or representatives of persons substantially affected by the increase or the new charge; and
ii: the Minister is satisfied that those persons, or their representatives, agree or do not substantially disagree with the increase or the new charge.
3: Despite subsection (1), regulations may prescribe a charge during the financial year in which this Act commences, and subsection (2)﻿(b)﻿(ii) does not apply.
4: Subsection (1) does not prevent the amendment of any regulation prescribing a charge if any substantive alteration effected by the amendment is for the purpose of correcting an error.
5: In any financial year, recovery may be made of any shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).
146: Charges to be prescribed by regulations
1: Regulations may be made under section 30
2: The charges may be prescribed using any 1 or more of the methods specified in section 144
3: The charges prescribed may—
a: differ depending on whether a special or urgent function or service is performed:
b: include more than 1 level of charge for the same function or service provided in different ways, or provided in or in respect of different places:
c: differ for otherwise similar functions or services provided in different ways:
d: differ depending on the time taken to perform the function or service required or the components of the function or service required for the particular person or class of persons.
147: Charges constitute debt due to Environmental Protection Authority
1: A charge or part of a charge that is not paid by the due date is a debt due to the EPA.
2: The EPA may recover the debt in any court of competent jurisdiction.
3: If a charge is payable to the EPA, the EPA need not perform any action to which the charge relates until the charge has been paid in full. Service of documents
148: Service of documents
1: If a notice or other document is to be served on a person for the purposes of this Act,—
a: it must, if the person has specified an electronic address as an address for service for the matter to which the document relates, be served by sending it to the electronic address; and
b: it may, if paragraph (a) does not apply, be served by any of the following methods:
i: delivering it personally to the person, except if the person is a Minister of the Crown:
ii: delivering it at the usual or last known place of residence or business of the person:
iii: sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the person:
iv: sending it to the usual or last known electronic address of the person:
v: posting it to the post office box address that the person has specified as an address for service:
vi: leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service:
vii: sending it to the fax number that the person has specified as an address for service.
2: However, subsection (1) does not apply in relation to proceedings before a court.
3: A Minister of the Crown may be served by service on the chief executive of the appropriate department of State.
4: A body corporate or an unincorporated body may be served by service on an officer, or at the registered office, of the body.
5: A partnership may be served by service on any of the partners or at the registered office of the partnership.
6: Subsection (1) applies to service under subsections (3) to (5).
7: Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purpose of this Act, it may be served—
a: by delivering it at the organisation's head office or principal place of business; or
b: by sending it to the fax number or email address that the organisation has specified for its head office or principal place of business; or
c: by a method agreed between the organisation and the person serving the notice or document.
8: If a notice or document is sent by post under subsection (1)﻿(c) or (d), it is presumed to be received by the person at the time at which the notice or document would have been delivered in the ordinary course of the post. Section 148(1) replaced 1 June 2017 section 274 Resource Legislation Amendment Act 2017
149: Service on master or owner of ship
1: If the master or owner of a ship is a defendant in a prosecution for an offence against section 132(1)﻿(a) Criminal Procedure Act 2011
a: delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
b: sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or business; or
c: served in accordance with rules made under the Criminal Procedure Act 2011 those rules
2: Subsection (1) applies despite any other enactment.
3: If a summons or document is sent by post under subsection (1)﻿(b), it is presumed to be received by the agent at the time at which the notice or document would have been delivered in the ordinary course of the post. Section 149(1) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 149(1)﻿(c) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Incorporation by reference
150: Incorporation by reference of written material in regulations
1: The following written material may be incorporated by reference in regulations made under section 27 30
a: standards, requirements, or recommended practices of international or national organisations:
b: standards, requirements, or recommended practices of any country or jurisdiction:
c: any other written material that, in the opinion of the Minister, is impractical or too large to include in, or print as part of, the regulations.
2: Material may be incorporated by reference in regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: Material incorporated by reference in regulations has legal effect as part of the regulations.
151: Effect of amendments to, or replacement of, material incorporated by reference in regulations
An amendment to, or replacement of, material incorporated by reference in regulations has no legal effect as part of the regulations unless it is specifically incorporated by reference by a later regulation.
152: Proof of material incorporated by reference
1: A copy of material incorporated by reference in regulations, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the chief executive; and
b: retained by the chief executive.
2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of the material in the regulations.
153: Effect of expiry of material incorporated by reference
Material incorporated by reference in regulations that expires or that is revoked or that ceases to have effect does not cease to have legal effect as part of the regulations unless the regulation is amended or replaced by a later regulation.
154: Access to material incorporated by reference
1: This section applies to—
a: material incorporated by reference in regulations:
b: any amendment to, or replacement of, the material that is incorporated in the regulations or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.
2: The chief executive must—
a: make the material available for inspection during working hours free of charge at the offices of the department and at any other place that the chief executive considers appropriate; and
b: make copies of the material available for purchase at a reasonable price at the offices of the department; and
c: make copies of the material available free of charge on an Internet site maintained by or on behalf of the department, unless doing so would infringe copyright; and
d: give notice in the Gazette
i: the material is incorporated in the regulations and the date on which the regulations commence; and
ii: the material is available for inspection during working hours free of charge at the offices of the department and identifying any other places at which it may be inspected; and
iii: copies of the material can be purchased at the offices of the department and identify any other places at which they may be purchased; and
iv: if copies of the material are made available under paragraph (c), that the material is available on the Internet, free of charge, and stating the Internet site address.
3: The chief executive—
a: may make copies of the material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
4: The chief executive may comply with subsection (2)﻿(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the department to a copy of the material that is available, free of charge, on an Internet site maintained by or on behalf of someone else.
5: A failure to comply with this section does not invalidate regulations that incorporate material by reference.
6: For the purposes of subsection (2)﻿(c), the chief executive may not rely on section 66
155: Application of
Standards and Accreditation Act 2015 Sections 150 to 154 sections 29 to 32 Section 155 heading amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 155 amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015
156: Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
Section 156 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
157: Application of Regulations (Disallowance) Act 1989
Section 157 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Protection of sensitive information
158: Protection of sensitive information
1: The Environmental Protection Authority may, on its own initiative or on the application of any party to any proceedings or class of proceedings, give a direction described in subsection (3) where it is satisfied that the order is necessary—
a: to avoid causing serious offence to tikanga Māori or to avoid disclosing the location of wāhi tapu; or
b: to avoid disclosing a trade secret or to avoid causing unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information.
2: Despite subsection (1), the EPA may not give a direction described in subsection (3) if, in the circumstances of the particular case, the public interest in making the information available outweighs the importance of avoiding such offence, disclosure, or prejudice.
3: The EPA may give a direction for the purpose of subsection (1)—
a: requiring the whole or part of any hearing or class of hearing at which the information is likely to be referred to be held with the public excluded:
b: prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to an application.
4: A direction given under subsection (3)﻿(b) in relation to—
a: any matter described in subsection (1)﻿(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the EPA considers appropriate in the circumstances:
b: any matter described in subsection (1)﻿(b) may be expressed to have effect from the commencement of any proceedings to which it relates but will cease to have any effect at the conclusion of those proceedings.
5: On the date that a direction prohibiting or restricting the publication or communication of information is given under subsection (3)﻿(b), the provisions of the Official Information Act 1982
6: Any party to any proceedings or class of proceedings before the EPA may apply to the Environment Court for an order under section 279(3)﻿(a)
7: Where, on the application of any party to any proceedings or class of proceedings, the EPA has refused to give a direction described in subsection (3), that party may apply to the Environment Court for an order under section 279(3)﻿(b)
8: In this section, information
158A: EPA and Maritime New Zealand to share information
1: The Environmental Protection Authority may provide Maritime New Zealand with any information that the EPA holds and that the EPA considers may assist Maritime New Zealand in the performance of Maritime New Zealand's functions under the Maritime Transport Act 1994
2: Maritime New Zealand may provide the EPA with any information that Maritime New Zealand holds and that it considers may assist the EPA in the performance of the EPA's functions under this Act.
3: If any information provided by the EPA under subsection (1) is the subject of a direction made under section 158 Section 158A inserted 28 February 2014 section 43 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
158B: EPA may provide information to other regulatory agencies for purposes of this Act
1: A regulatory agency may provide to the EPA any information or a copy of any document that the agency believes would assist the EPA in the performance or exercise of the EPA's functions, duties, or powers under this Act.
2: The EPA may provide to a regulatory agency any information or a copy of any document that the EPA believes would assist the agency in the performance or exercise of its functions, duties, or powers under a specified Act.
3: A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless—
a: the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or
b: the information is publicly available; or
c: the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or
d: the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: the disclosure is required by another enactment; or
f: the disclosure is required by a court of competent jurisdiction.
4: In this section,— regulatory agency
a: a consent authority as that term is defined in section 2(1)
b: a department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of any specified Act specified Act section 7(2) Crown Minerals Act 1991 Section 158B inserted 28 February 2014 section 43 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
158BA: EPA and WorkSafe to share information
1: The Environmental Protection Authority may provide WorkSafe with any information that the EPA holds and that the EPA considers may assist WorkSafe in the performance of WorkSafe’s functions under the WorkSafe New Zealand Act 2013
2: WorkSafe may provide the EPA with any information that WorkSafe holds and that it considers may assist the EPA in the performance of the EPA’s functions under this Act.
3: If any information provided by the EPA under subsection (1) is the subject of a direction made under section 158 Section 158BA inserted 1 June 2017 section 275 Resource Legislation Amendment Act 2017 Waivers and extension of time limits
159: Power of waiver and extension of time limits
1: The Environmental Protection Authority may, in any particular case,—
a: extend a time period specified in this Act or in regulations, whether or not the time period has expired; or
b: waive a failure to comply with a requirement under this Act or regulations for the time or method of service of documents.
2: If a person is required to provide information under this Act or regulations and the information is inaccurate or omitted, or a procedural requirement is not complied with, the EPA may—
a: waive compliance with the requirement; or
b: direct that the omission or inaccuracy be rectified on such terms as the EPA thinks fit.
160: Requirements for waivers and extensions
1: The Environmental Protection Authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 159
a: the interests of any person who, in the EPA's opinion, may be directly affected by the extension or waiver; and
b: the interests of the community in being able to achieve an adequate assessment of the potential effects of a proposal.
2: A time period may be extended under section 159
a: a time not exceeding twice the maximum time period specified in this Act; or
b: a time exceeding twice the maximum time period specified in this Act if the applicant requests or agrees.
3: The EPA must ensure that every person who, in his or her opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.
2: Transitional provisions
Existing activities
161: Existing petroleum activities that become discretionary
1: This section applies to an existing activity involved in prospecting, exploring, or mining for petroleum if—
a: the activity requires a marine consent as a result of this Act coming into force; and
b: the prospecting, exploration, or mining for petroleum is authorised by a permit granted under section 25 clause 12 of Schedule 1
c: the activity was lawfully established before this Act comes into force.
2: However, this section does not apply to an existing activity to which section 162
3: The holder of the permit described in subsection (1)﻿(b) must—
a: prepare an impact assessment for the activity; and
b: provide the impact assessment to the EPA no later than 2 months after this Act comes into force.
4: Section 43
5: If the holder of the permit described in subsection (1)﻿(b) complies with subsection (3), the activity may continue without a marine consent after the date on which this Act comes into force only—
a: until the close of the later of—
i: the date that is 6 months after that date; or
ii: 1 May 2013; but
b: if the person undertaking the activity applied for a marine consent within the period described in paragraph (a), until the application—
i: is decided under section 62
ii: is returned as incomplete by the EPA under section 43
6: If the application for a marine consent described in subsection (5)﻿(b) was returned by the EPA under section 43
7: Subsection (5) overrides section 20 Section 161(1)﻿(b) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 161(4) amended 1 June 2017 section 276(1) Resource Legislation Amendment Act 2017 Section 161(5)﻿(b)﻿(ii) amended 1 June 2017 section 276(2) Resource Legislation Amendment Act 2017 Section 161(6) amended 1 June 2017 section 276(2) Resource Legislation Amendment Act 2017
162: Existing petroleum mining activities involving structures or pipelines
1: This section applies to an existing activity that requires a marine consent as a result of this Act coming into force if the activity—
a: involves an existing structure or an existing submarine pipeline; and
b: is associated with mining for petroleum authorised by a petroleum mining permit granted under section 25 clause 12 of Schedule 1
2: However, despite subsection (1), this section does not apply to any of the activities described in subsection (3) where the activity has adverse effects on the environment or existing interests
3: The activities referred to in subsection (2) are—
a: any activity that is part of an activity described in subsection (1), such as placing a structure or drilling a well, that had not commenced before this Act comes into force; or
b: any change in the character, intensity, or scale of the activity described in subsection (1) made on or after the date on which this Act comes into force; or
c: the alteration, extension, removal, or demolition of an existing structure or existing submarine pipeline associated with the activity described in subsection (1).
4: The activity to which this section applies may continue without a marine consent for the term of the permit or privilege as it was on the day before this Act comes into force.
5: Despite subsection (4), if an application for a marine consent for an activity to which this section applies is lodged with and accepted as complete by the Environmental Protection Authority no less than 9 months before the end of the term of the permit or privilege as it was on the day before this Act came into force, the activity may continue without a marine consent until the application is decided under section 62
6: Subsections (4) and (5) override section 20
7: If an application for a marine consent for an activity to which this section applies was accepted as complete by the Environmental Protection Authority in 2015 before the date of commencement of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015 section 62 Section 162(1)﻿(b) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 162(2) amended 1 June 2017 section 277(a) Resource Legislation Amendment Act 2017 Section 162(2) amended 1 June 2017 section 277(b) Resource Legislation Amendment Act 2017 Section 162(5) replaced 26 June 2015 section 4 Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015 Section 162(6) inserted 26 June 2015 section 4 Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015 Section 162(7) inserted 26 June 2015 section 4 Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015
163: Other existing activities that become discretionary
1: This section applies to an activity that requires a marine consent as a result of this Act coming into force if—
a: the activity was lawfully established before the Act came into force; and
b: the effects of the activity on the environment and existing interests are of the same or similar character, intensity, and scale as the effects that existed before the Act came into force.
2: However, this section does not apply to an activity to which section 161 162
3: The activity may continue without a marine consent after the date on which this Act comes into force only—
a: until the close of the later of—
i: the date that is 6 months after the date on which this Act comes into force; or
ii: 1 May 2013; but
b: if the person undertaking the activity applies for a marine consent within the period described in paragraph (a), until the application—
i: is decided under section 62
ii: is returned as incomplete under section 43
4: If the application for a marine consent described in subsection (3)﻿(b) was returned by the EPA under section 43
5: Subsection (3) overrides section 20 Section 163(3)﻿(b)﻿(ii) amended 1 June 2017 section 278 Resource Legislation Amendment Act 2017 Section 163(4) amended 1 June 2017 section 278 Resource Legislation Amendment Act 2017
164: Existing activities that become prohibited
1: This section applies to an activity that—
a: becomes a prohibited activity as a result of this Act coming into force; and
b: was lawfully established before the Act comes into force.
2: The activity may continue for a prescribed period.
3: Subsection (2) overrides sections 20 37(3) Transitional provisions relating to discharges and dumping Heading inserted 31 October 2015 section 44 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
164A: Dumping permits issued under Maritime Transport Act 1994
1: A permit issued before the commencement of this section by the Director of Maritime New Zealand under section 262
2: A reference in the permit to Maritime New Zealand, the Director of Maritime New Zealand, or the Director must be treated as if it were a reference to the Environmental Protection Authority. Section 164A inserted 31 October 2015 section 44 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 164A(1) amended 1 June 2017 section 279 Resource Legislation Amendment Act 2017 Section 164A(2) inserted 8 September 2018 section 48 Statutes Amendment Act 2018
164B: Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents
1: This section applies to a discharge management plan for an offshore installation approved before the commencement of this section by the Director of Maritime New Zealand in accordance with rule 200.7 of Part 200 of the Marine Protection Rules.
2: The provisions of the discharge management plan that specify the following matters must be treated as if they were a marine discharge consent granted under this Act
a: harmful substances that may be discharged in accordance with the discharge management plan:
b: a method for continuously measuring the oil content of production water, displacement water, or offshore processing drainage discharged from the offshore installation:
c: procedures for reporting oil spills:
d: environmental monitoring methods for identifying the environmental impacts of discharges:
e: matters described in clause 1(2) to (6) of Schedule 1 of Part 200 of the Marine Protection Rules as if the words in a form acceptable to the Director in the prescribed form
f: matters described in Schedule 2 of Part 200 of the Marine Protection Rules other than in clause 5(f).
3: Part 200 of the Marine Protection Rules does not apply to the provisions of the discharge management plan that are to be treated as a marine discharge consent under subsection (2).
4: Despite subsection (3), the following marine protection rules, as they were on the day before this section comes into force, must be treated as if they were conditions of the consent:
a: rule 200.13:
b: rule 200.14(1), (2), and (5)﻿(a), as if a reference to the Director in those provisions were a reference to the Environmental Protection Authority, and (8):
c: rule 200.15:
d: rule 200.16(1):
e: rule 200.17, as if the reference to rule 200.19 were a reference to that rule as it was before this section comes into force:
f: rule 200.18:
g: rule 200.22, as if—
i: the words in a form approved by the Director in the prescribed form
ii: the reference in subrule (4) to the Director were a reference to the Environmental Protection Authority:
h: rule 200.23(1) and (3), as if in each case paragraph (b) were replaced with:
b: the Environmental Protection Authority and the Director, if the spill occurs in the exclusive economic zone; or
c: the Director, if the spill occurs beyond the exclusive economic zone,
i: rule 200.24 as if the reference to the Director in subrule (2)﻿(a) included a reference to the Environmental Protection Authority:
j: rule 200.25 as if the reference to the Director in subrule (2) were a reference to the Environmental Protection Authority.
5: The marine protection rules described in subsection (4) and treated as conditions of a marine discharge consent by that subsection may be amended, cancelled, or replaced as if they were conditions imposed under this Act. Section 164B inserted 31 October 2015 section 44 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 164B(2) amended 1 June 2017 section 280 Resource Legislation Amendment Act 2017
164C: Completion of certain matters pending at commencement of sections 164A and 164B
1: If a person makes an application for a permit under section 262 section 164A
2: Section 164A
3: If a person makes an application for the approval of a discharge management plan under rule 200.5 of Part 200 of the Marine Protection Rules and that application has not been decided before section 164B
4: Section 164B Section 164C inserted 31 October 2015 section 44 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Mineral prospecting and exploration under Continental Shelf Act 1964
165: Mineral prospecting and exploration may commence and continue
1: This section applies to an activity that requires a marine consent as a result of this Act coming into force if the activity is associated with prospecting or exploration for minerals authorised by a licence granted under section 5
2: If the activity has not commenced, the activity may commence and continue without a marine consent—
a: in accordance with the licence; and
b: for the term of the licence (including any extension of the term granted before this Act comes into force).
3: If the activity has commenced, the activity may continue without a marine consent—
a: in accordance with the licence; and
b: for the term of the licence (including any extension of the term granted before this Act comes into force).
4: This section overrides section 20 Planned petroleum activities
166: Planned petroleum activities that become discretionary
1: This section applies to a planned petroleum activity if the activity requires a marine consent as a result of this Act coming into force.
2: The activity may commence without a marine consent after the Act comes into force.
3: However, before the activity may commence, the person intending to undertake the activity must—
a: prepare an impact assessment for the activity; and
b: provide the impact assessment to the EPA.
4: Section 43
5: If the person intending to undertake the activity complies with subsection (3), the activity may continue without a marine consent after the date on which this Act comes into force—
a: until the close of the later of—
i: the date that is 12 months after that date; or
ii: 1 May 2014; but
b: if the person undertaking the activity applies for a marine consent within the period described in paragraph (a), until the application—
i: is decided under section 62
ii: is returned as incomplete by the EPA under section 43
6: If the application for a marine consent described in subsection (5)﻿(b) was returned by the EPA under section 43
7: Subsections (2) and (5) override section 20
8: In this section, planned petroleum activity
a: before the Act comes into force, the exploration, prospecting, or mining for petroleum with which the activity is involved is authorised by a permit that was granted under section 25 clause 12 of Schedule 1
b: the activity had not commenced before the Act comes into force. Section 166(4) amended 1 June 2017 section 281(1) Resource Legislation Amendment Act 2017 Section 166(5)﻿(b)﻿(ii) amended 1 June 2017 section 281(2) Resource Legislation Amendment Act 2017 Section 166(6) amended 1 June 2017 section 281(2) Resource Legislation Amendment Act 2017 Section 166(8)﻿(a) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Unauthorised activities
167: Unauthorised activities must stop
1: This section applies to an activity once the activity is no longer authorised by this subpart to continue, unless the activity is a permitted activity or authorised by a marine consent.
2: The person undertaking the activity must—
a: stop the activity; and
b: comply with any instructions of the Environmental Protection Authority that relate to the stopping of the activity. Transitional and savings provision relating to regulations Heading inserted 28 February 2014 section 45 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
167A: Transitional and savings provision relating to regulations
Any consultation undertaken before the commencement of this section by the Minister on proposals as to whether certain discretionary activities should be classified as non-notified activities may be taken to be consultation for the purposes of section 32(2) 2000 No 91 s 114 Section 167A inserted 28 February 2014 section 45 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
3: Amendments to other Acts
Consequential amendments to Biosecurity Act 1993
168: Biosecurity Act 1993 amended
Sections 169 170 Biosecurity Act 1993 OIC SR 2013/282 2013-06-28 Biosecurity Act 1993 Brought into force on 28 June 2013 by SR 2013/282
169: Relationship with other enactments
1: In section 7(2)﻿(a) (6) and section 7A (6), and sections 7A to 7D
2: In section 7(2) or the Resource Management Act 1991 the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
170: Section 7A replaced (Relationship with Resource Management Act 1991)
Replace section 7A
7A: Relationship with Resource Management Act 1991
1: The responsible Minister may exempt an action from the provisions of Part 3 of the Resource Management Act 1991 if the action is taken in accordance with Part 6 of this Act in an attempt to eradicate an organism and if—
a: the action would be in breach of Part 3 of the Resource Management Act 1991; and
b: the responsible Minister is satisfied that it is likely that—
i: the organism is not established in New Zealand, the organism is not known to be established in New Zealand, or the organism is established in New Zealand but is restricted to certain parts of New Zealand; and
ii: the organism has the potential to cause 1 or more of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand, or if it becomes established throughout New Zealand; and
iii: it is in the public interest that action be taken immediately in an attempt to eradicate the organism.
2: The exemption of an action under subsection (1) may last for up to 20 working days.
3: Before making a decision under subsection (1), the responsible Minister—
a: must consult the relevant consent authority (to the extent that is possible in the circumstances); and
b: may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication attempt.
4: If an exemption is granted under subsection (1) or continued by regulations made under section 7D Part 3 of the Resource Management Act 1991
5: After the exemption ends,—
a: the provisions of the Resource Management Act 1991 apply to the action and its adverse effects to the same extent as those provisions would have applied but for the exemption; and
b: the responsible Minister must remedy or mitigate the adverse effects to which the provisions of the Resource Management Act 1991 would have applied if not for the exemption.
6: For the purposes of this section, consent authority
7B: Relationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
1: The responsible Minister may exempt an action from the provisions of Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
a: the action would be in breach of Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: the responsible Minister is satisfied that it is likely that—
i: the organism is not established in the exclusive economic zone, the organism is not known to be established in the exclusive economic zone, or the organism is established in the exclusive economic zone but is restricted to certain parts of the exclusive economic zone; and
ii: the organism has the potential to cause 1 or more of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in the exclusive economic zone, or if it becomes established throughout the exclusive economic zone, or if it spreads to New Zealand; and
iii: it is in the public interest that action be taken immediately in an attempt to eradicate or manage the organism.
2: The exemption of an action under subsection (1) may last for up to 20 working days.
3: Before making a decision under subsection (1), the responsible Minister—
a: must consult the Authority (to the extent that is possible in the circumstances); and
b: may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication or management attempt.
4: If an exemption is granted under subsection (1) or continued by regulations made under section 7D Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
5: After the exemption ends,—
a: the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: the responsible Minister must remedy or mitigate the adverse effects to which the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7C: Public notice of decision to exempt action
1: After making a decision under section 7A or 7B
2: The public notice must specify—
a: the organism to be eradicated or managed; and
b: the principal actions that may be taken in the attempt to eradicate or manage the organism; and
c: the areas affected by the action.
3: A failure to comply with the provisions of this section or section 7A(3) or 7B(3) section 7A or 7B
7D: Regulations may continue exemption
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, make regulations—
a: continuing the exemption under section 7A
b: continuing the exemption under section 7B Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
2: The responsible Minister must not make a recommendation for the purposes of subsection (1) unless he or she considers that it is necessary to continue the action to attempt to eradicate or manage the organism beyond the duration of the exemption.
3: Regulations made under this section come into force on the date of notification in the Gazette
4: The regulations expire on the day that is 2 years after the date on which the regulations come into force unless they are revoked earlier. Amendment to Continental Shelf Act 1964
171: Amendment to Continental Shelf Act 1964
1: This section amends the Continental Shelf Act 1964
2: Section 8 OIC SR 2013/282 2013-06-28 Continental Shelf Act 1964 Brought into force on 28 June 2013 by SR 2013/282 Amendments to Crown Organisations (Criminal Liability) Act 2002
172: Amendments to Crown Organisations (Criminal Liability) Act 2002
1: This section amends the Crown Organisations (Criminal Liability) Act 2002
2: Section 6(1)
d: an offence against the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
3: Section 7(a) the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the Building Act 2004, OIC SR 2013/282 2013-06-28 Crown Organisations (Criminal Liability) Act 2002 Brought into force on 28 June 2013 by SR 2013/282 Amendment to Environment Act 1986
173: Amendment to Environment Act 1986
1: This section amends the Environment Act 1986
2: The Schedule Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 OIC SR 2013/282 2013-06-28 Environment Act 1986 Brought into force on 28 June 2013 by SR 2013/282 Amendment to Environmental Protection Authority Act 2011
174: Amendment to Environmental Protection Authority Act 2011
1: This section amends the Environmental Protection Authority Act 2011
2: The definition of environmental Act section 5
ab: the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 OIC SR 2013/282 2013-06-28 Environmental Protection Authority Act 2011 Brought into force on 28 June 2013 by SR 2013/282 Amendment to Fisheries Act 1996
175: Amendment to Fisheries Act 1996
1: This section amends the Fisheries Act 1996
2: Section 11(2)
ca: regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 OIC SR 2013/282 2013-06-28 Fisheries Act 1996 Brought into force on 28 June 2013 by SR 2013/282 Amendments to Resource Management Act 1991
176: Amendments to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: Section 61(2) ; and
c: the extent to which the regional policy statement needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
3: Section 66(2) ; and
e: to the extent to which the regional plan needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 OIC SR 2013/282 2013-06-28 Resource Management Act 1991 Brought into force on 28 June 2013 by SR 2013/282 Amendment to Search and Surveillance Act 2012
177: Amendment to Search and Surveillance Act 2012
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule The following table is small in size and has 3 columns. This table is an amendment to the table in the Schedule of the Search and Surveillance Act 2012 and should be read with that table to provide understanding of the context. Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 141(1) and (2) Enforcement officer may enter and inspect a place, vehicle, vessel, or structure to determine whether Act, regulations, marine consent, abatement notice, or enforcement order are being complied with All (except subparts 2 and 8 and sections 118 and 119) OIC SR 2013/282 2013-06-28 Search and Surveillance Act 2012 Brought into force on 28 June 2013 by SR 2013/282