Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016

1: Title
This Act is the Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016.
2: Commencement
This Act is deemed to have come into force on 14 November 2016.
1: Preliminary provisions
3: Interpretation
1: In this Act, unless the context otherwise requires,— earthquake-affected area
a: the districts and regions of the local authorities; and
b: the parts of the coastal marine area that are part of, or adjacent to, the districts and regions of the local authorities Hurunui/Kaikōura earthquakes earthquakes
a: means the earthquakes that occurred on 14 November 2016 in Hurunui and Kaikōura; and
b: includes any earthquake that occurs in, or significantly affects, the earthquake-affected area on or after 14 November 2016 local authority subpart 1
a: the Hurunui District Council, the Kaikoura District Council, the Marlborough District Council, the Wellington City Council, the Hutt City Council, the Canterbury Regional Council, and the Wellington Regional Council; and
b: a local authority specified for the purposes of this definition in an Order in Council made under section 23 Minister plan
a: has the meaning given in section 2
b: includes a proposed plan RMA Resource Management Act 1991
2: A term defined in the RMA
3: An example used in this Act is only illustrative of the provision to which it relates. It does not limit the provision.
4: If an example and a provision to which it relates are inconsistent, the provision prevails.
4: Act binds the Crown
This Act binds the Crown.
2: Modifications to application of RMA
1: Modification of emergency powers
5: Modified requirements for exercise of emergency powers under section 330 of RMA
1: This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a person, local authority, consent authority, network utility operator, or lifeline utility (or a person acting on their behalf) undertakes an activity in the earthquake-affected area under section 330
2: The time within which advice of the activity must be given under section 330A(1)
3: The time within which any application for a resource consent must be lodged under section 330A(2)
4: Section 330A(3)
6: Modified application of section 330(2) of RMA to local authority
1: This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a local authority or consent authority acting under section 330(2)
2: Section 330(3)
a: there is displayed in a prominent place on the land a notice that gives the date and purpose of entry and the contact details of a person who can provide further information; and
b: as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002
7: Modified requirements for exercise of emergency powers to which section 330B of RMA applies
1: This section applies if, because of or in connection with the Hurunui/Kaikōura earthquakes, a person (or a person acting on their behalf) undertakes an activity to which section 330B Civil Defence Emergency Management Act 2002
2: The time within which advice of the activity must be given under section 330B(2)
3: The time within which any application for a resource consent must be lodged under section 330B(3)
4: Section 330B(4) and (5)
8: Limitation on application of subpart
This subpart applies subject to the limitation set out in section 18
2: Emergency activities undertaken by certain rural landowners and occupiers
Subpart 2 repealed 31 July 2017 section 14(1)
9: Application of this subpart
Section 9 repealed 31 July 2017 section 14(1)
10: Owner or occupier of rural land may take emergency preventive or remedial actions
Section 10 repealed 31 July 2017 section 14(1)
11: Requirement for owner or occupier to give notice
Section 11 repealed 31 July 2017 section 14(1)
12: Duty to gather information, monitor, and keep records
Section 12 repealed 31 July 2017 section 14(1)
13: Enforcement proceedings
Section 13 repealed 31 July 2017 section 14(1)
14: Repeal of subpart and its effect
2017-07-31 Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016 Part 2 subpart 1 to be repealed (see s 14(1)). Section 14 repealed 31 July 2017
3: Rehabilitation of Kaikōura harbour
15: Interpretation
In this subpart, unless the context otherwise requires,— consent authority deemed controlled activity section 17 Kaikōura harbour harbour
a: the area of the sea (and adjacent foreshore) on the northern side of the Kaikōura Peninsula that falls more or less within the arc of a circle that has a radius of 0.6 nautical miles centred on the Ingles Bay wharf front lead light; and
b: the area of the sea (and adjacent foreshore) on the southern side of the Kaikōura Peninsula that falls more or less within the arc of a circle that has a radius of 0.6 nautical miles centred on the South Bay Boat Harbour green flashing aid to navigation rehabilitation work section 16
16: Meaning of rehabilitation work
1: In this subpart, rehabilitation work
2: The activities are as follows:
a: disturbing the foreshore or seabed within the harbour, including by dredging, excavating, drilling, tunnelling, or blasting:
b: removing foreshore or seabed from the harbour and dumping it in, on, or under—
i: foreshore within the Kaikōura district:
ii: land within the Kaikōura district:
c: erecting, reconstructing, repairing, altering, extending, removing, or demolishing a structure within the harbour:
d: using or storing machinery or hazardous material within the harbour or in, on, or under other areas of—
i: foreshore within the Kaikōura district:
ii: seabed within the Kaikōura district:
iii: land within the Kaikōura district:
e: an activity associated with an activity described in any of paragraphs (a) to (d), including—
i: the discharge of any thing associated with disturbing the foreshore or seabed; and
ii: the discharge of any thing associated with moving foreshore or seabed material and depositing it elsewhere.
3: In this section, Kaikōura district
17: Deeming of certain rehabilitation work to be controlled activity
1: This section applies to rehabilitation work that has any status other than that of a permitted activity under any of the following:
a: the district plan of the Kaikoura District Council:
b: a regional plan of the Canterbury Regional Council.
2: If the work is undertaken by or on behalf of an authorised person, the work is deemed—
a: to be a controlled activity; and
b: to satisfy the requirements of section 107(2)﻿(a) to (c)
3: Despite sections 87A(2)﻿(b) 104A(b) section 108
4: In this section, authorised person
a: the Kaikoura District Council:
b: the Canterbury Regional Council:
c: a person authorised by the Kaikoura District Council or the Canterbury Regional Council (or both).
18: Application of emergency powers to deemed controlled activity
The modifications to the RMA subpart 1
a: before the activity is undertaken, considers the environmental effects of the activity (including the effects on fish, marine mammals, and seabirds) and how the effects may be avoided, remedied, or mitigated; and
b: while the activity is being undertaken,—
i: monitors the environmental effects of the activity (including the effects on fish, marine mammals, and seabirds); and
ii: avoids, remedies, or mitigates those effects as far as is practicable. Example
A person authorised by the Canterbury Regional Council ( A When choosing the area of foreshore or land on which to dump the material, the Council must consider various things, including the sensitivity of the site (for example, whether it is a culturally significant site), the mechanics of dumping at that site (for example, whether at that site the spoil could be unstable or enter any waterway or water body) and whether the material is being dumped in the location on a temporary or permanent basis. While A is dumping the spoil, the Council must monitor, among other things, how it is affecting the site (for example, how much fine material is moving into the surrounding area) and take steps to minimise that effect.
19: Process for consent authority considering resource consent application for deemed controlled activity
1: As soon as practicable after an application for a deemed controlled activity is lodged with a consent authority, the consent authority—
a: must advise the persons specified in subsection (2) that an application has been lodged; and
b: must invite written comments from those persons; and
c: may, if the consent authority considers it appropriate, hold a meeting to allow those persons to orally present their comments.
2: The persons are—
a: Te Rūnanga o Ngāi Tahu and any relevant Papatipu Rūnanga identified by Te Rūnanga o Ngāi Tahu; and
b: the Kaikoura District Council; and
c: Te Korowai o Te Tai o Marokura, Kaikoura Coastal Marine Guardians Incorporated; and
d: Maritime New Zealand; and
e: the Minister of Conservation; and
f: the Minister for the Environment; and
g: the Minister of Defence; and
h: the Minister for Primary Industries; and
i: the Canterbury Regional Harbourmaster; and
j: the Canterbury Regional Council; and
k: the owners and occupiers of land directly adjacent to where the activity is being undertaken; and
l: any other person as the consent authority considers appropriate, including the public generally.
3: For the purposes of subsection (1), the consent authority must—
a: invite each person referred to in subsection (2) to make written comments on the application; and
b: give those persons 10 working days from the making of an invitation within which to make their comments to the consent authority; and
c: specify in the invitation the date by which written comments are to be received by the consent authority; and
d: if applicable, specify the date on which the consent authority will hold a meeting to hear the comments.
4: An invitation under this section is to be treated as a document to be served for the purposes of the RMA section 352
5: A person invited to make written comments under this section on an application—
a: may not appeal under the RMA
b: may not object under Part 14
6: To avoid doubt, a person who makes written comments to a consent authority under this section is not to be treated under the RMA
20: Application of RMA to resource consent application for deemed controlled activity
For the purposes of this subpart,—
a: an application for a deemed controlled activity must not be publicly notified or given limited notification; and
b: section 19 sections 95 to 99A
c: otherwise the application must be determined in accordance with Part 6
i: the consent authority need not have regard to the matters in section 104(1)﻿(b)
ii: for the purposes of section 115 section 19
21: Summary of responses
1: Before a consent authority makes a decision on an application for a deemed controlled activity, the consent authority must—
a: consider the comments made on the application under section 19
b: prepare a summary of the comments (both written and oral, if applicable).
2: The summary, together with the consent authority’s response to the issues raised in the comments, must be made publicly available on an Internet site at the same time as, or before, the decision on the application is notified under the RMA
22: Enforcement proceedings
For the purposes of activities undertaken in reliance on this subpart, only a consent authority or a Minister of the Crown may take enforcement proceedings (including declaratory proceedings) under Part 12 section 16 17
3: Miscellaneous provisions
23: Order in Council may specify additional local authorities
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more additional local authorities for the purposes of the definition of local authority in section 3(1) section 9(1)
2: The Minister may make a recommendation only if he or she is satisfied that—
a: an earthquake has occurred in, or significantly affected, the earthquake-affected area after this Act is enacted; and
b: the district or region, or any part of the district or region, of the local authority is affected by the earthquake to the extent that it is necessary or desirable to apply the measures available under this Act to that area.
24: Application of Legislation Act 2012
1: An Order in Council made under section 23 Legislation Act 2012
2: An Order in Council made under section 23 Legislation Act 2012 section 41
25: Repeal of this Act
This Act is repealed on 1 April 2018, with the exception set out in section 14 2018-04-01 Hurunui/Kaikōura Earthquakes Emergency Relief Act 2016