Resource Management Amendment Act 1997

1: Short Title and commencement
1: This Act may be cited as the Resource Management Amendment Act 1997, and is part of the Resource Management Act 1991 the principal Act
2: Sections 4(4) 6 7 17 19(2) 20 21(1) 24(4)(a) 30 31 33(1)
3: Except as provided in subsection (2)
1: Interpretation and application
2: Interpretation
1: This subsection substituted the definition of the term district 2(1)
2: This subsection amended the definition of the term district rule 2(1)
3: This subsection amended the definition of the term industrial or trade premises 2(1)
4: This subsection substituted the definition of the term kaitiakitanga 2(1)
5:
6: This subsection repealed the definition of the term Planning Tribunal 2(1)
7: This subsection amended paragraph (b) production land 2(1)
8: This subsection amended the definition of the term regional rule 2(1)
9: This subsection substituted the definition of the term dumping 2(1)
10: Section 2(14) Resource Management Amendment Act 1993 Subsection (5) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
2: Purpose and principles
3: Other matters
This section inserted s 7(aa)
3: Duties and restrictions under this Act
4: Restrictions on use of coastal marine area
1: This subsection substituted s 12(2)(a)
2: This subsection amended s 12(4)
3: This subsection substituted s 12(4)(a)
4: This section amended s 12(6)
5: Section 10(4) Resource Management Amendment Act 1993
5: Discharge of contaminants into environment
This section amended s 15(2)
6: Discharge of harmful substances from ships or offshore installations
This section substituted s s 15B
7: Duty to avoid unreasonable noise
This section amended s 16(2)
8: Certain existing lawful activities allowed
Section 8 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
4: Functions, powers, and duties of central and local government
9: Authorisation and responsibility of enforcement officers
1: This subsection amended s 38(1)(b)
2: This subsection substituted s 38(2)(b)
10: Reports to local authorities
This section amended s 42A(3)
5: Standards, policy statements, and plans
11: Matters to be considered by regional council (policy statements)
This section inserted s 61(3)
12: Imposition of coastal occupation charges
This section inserted s 64A
13: Matters to be considered by regional council (plans)
This section inserted s 66(3)
14: Regional rules
This section repealed s 68(6)
15: Matters to be considered by territorial authority
1: This subsection substituted s 74(2)(a)
2: This subsection inserted s 74(3)
16: Contents of district plan
Section 16 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
6: Resource consents
17: Types of resource consents
This section amended s 87(c)
18: Description of type of activity to remain the same
This section inserted s 88A
19: Further information may be required
Section 19 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
20: Applications not requiring notification
Section 20 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
21: Matters to be considered
1: This section amended s 104(3)
2: This subsection amended s 104(5)
3: This subsection substituted s 104(8)
22: Decisions on applications
1: This subsection amended s 105(1)(b)
2: This subsection repealed s 105(2)(b)
3: This subsection inserted s 105(2A)
4: This subsection inserted s 105(3A)
23: Restriction on grant of certain discharge permits
1: This subsection substituted s 107(2)
2: Section 57(2) (3) Resource Management Amendment Act 1993
24: Conditions of resource consents
1: This subsection substituted s 108(1) (2)
2: This subsection amended s 108(6)
3: This subsection amended s 108(7)
4: Section 108(8)
a: By inserting, after the words of contaminants) or 15B
b: This paragraph amended s 108(8)
5: This subsection substituted s 108(9) s 108(10)
6: The following enactments are consequentially repealed:
a: Section 58(1) to (5) (7) Resource Management Amendment Act 1993
b: So much of Schedule 4 of the Building Act 1991 section 108(1)(b)
25: Special provisions in respect of bonds or covenants
This section amended s 109(1)
26: Refund of money and return of land where activity does not proceed
This section amended s 110(1)
27: Use of financial contributions
This section amended s 111
28: Obligation to pay rent and royalties deemed condition of consent
This section repealed s 112(1)(a)
29: Change or cancellation of consent condition on application by consent holder
This section substituted s 127(3)(b)
30: Circumstances where consent conditions can be reviewed
This section amended s 128(1)(a)
31: Matters to be considered in review
This section amended s 131
32: Consent authorities to grant certificates of compliance
This section amended s 139(3)
7: Coastal tendering
33: Application of Order in Council
1: This subsection amended s 153(c)
2: This subsection substituted s 153(d)
34: Rental payments to be reduced by amount of any coastal occupation charges
This section inserted s 158(1A)
8: Designations and heritage orders
35: Notice of requirement by territorial authority
1: This subsection amended s 168A(2)
2: This subsection amended s 168A(2)
3: This subsection amended s 168A(4)
36: Recommendation by territorial authority
1: This subsection substituted s 171(1)(d)
2: This subsection substituted s 171(2)(a)
3: Section 87(b) Resource Management Amendment Act 1993
37: Effect of designation
1: This subsection amended s 176(1)
2: This subsection amended s 176(2)
38: Outline plan
This section inserted s 176A
9: Subdivision and reclamations
39: Meaning of
subdivision of land This section inserted s 218(4)
40: Completion certificates
This section amended s 222(1)
41: Approval of survey plan by territorial authority
This section amended s 223(3)
42: Restrictions upon deposit of survey plan
1: This subsection amended s 224(c)(iii)
2: This subsection amended s 224(f)
43: Cancellation of prior approvals
This section amended s 227(1)
44: Creation of esplanade strips by agreement
This section amended s 235(1)
45: Where land previously set aside or reserved
This section amended s 236
46: Covenant against transfer of allotments
1: This subsection amended s 240(3)
2: This subsection substituted s 240(5)(b)
47: Amalgamation of allotments
This section substituted s 241(4)(b)
48: Survey plan approved subject to grant or reservation of easements
This section substituted s 243(f)(ii)
49: Consent authority approval of a plan of survey of a reclamation
This section amended s 245
10: Declarations, enforcement, and ancillary powers
50: Decision on application
This section amended s 313
51: Form and content of abatement notice
1: This subsection substituted s 324(d)
2: This subsection amended s 324(f)
52: Appeals
1: This subsection amended s 325(2)(c)
2: This subsection substituted s 325(3) s 325(3A) to (3H)
53: Restrictions on certain applications for enforcement orders and abatement notices
This section substituted s 325B(3)
54: Meaning of
excessive noise This section substituted s 326(1)(c)
55: Compliance with excessive noise direction
This section substituted s 328(4) (5)
56: Penalties
This section amended s 339(1)
57: Liability of principal for acts of agents
1: This subsection amended s 340(1)(a)
2: This subsection amended s 340(2)(b)(i)
11: Miscellaneous provisions
58: New sections (relating to unlawful reclamations) inserted
This section inserted ss 355A 355B
59: Objections to certain decisions and requirements of consent authorities
This section inserted s 357(4A)
60: Regulations
1: This subsection amended s 360(1)
2: This subsection inserted s 360(1)(hf) to (hh)
3: This subsection inserted s 360(2C) (2D)
12: Transitional provisions
61: Provisions deemed to be regional rules
This section amended s 369(4)
62: New sections inserted
This section inserted ss 401A 401B
63: Transitional provisions for esplanade reserves where land subdivided or road stopped
This section amended s 405A(1)
64: Subdivision consent conditions
This section amended s 407(1)
65: Financial contributions for development
This section amended s 409(1)
66: Restriction on imposition of conditions as to financial contributions
This section amended s 411(1)
67: Certain existing permitted uses may continue
1: This subsection substituted s 418(1B)
2:
3: Subsections (2) (3) repealed 1 January 2005 30(2) Resource Management Amendment Act (No 2) 2004
68: Repealing provision relating to outline plans
1: This subsection amended s 420(3)
2: This subsection repealed s 420(4)
3: Section 201(2) Resource Management Amendment Act 1993 Subsection (3) amended 1 August 2003 104 Resource Management Amendment Act 2003 by substituting the expression section 201(2) section 210(2) See sections 109 to 113
13: Other provisions
69: Consolidation of
Schedule 1 This section substituted the Analysis of Schedule 1
70: Requirements to be inserted prior to notification of proposed plans
This section amended cl 4(7)
71: Reference of decision on submissions and requirements to the Environment Court
This section substituted cl 14(5) cl 14(5)(ba)
72: Local authority to consider request
This section substituted cl 25(2)
73: Notification timeframes
This section amended cl 26(b)(i)
74: Matters related to regions
This section substituted cl 5
75: Matters related to districts
This section substituted cl 3
76: Part 1 This section amended Part 1 Subsection (1) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
77: Regulations revoked
The Resource Management (Transitional Provisions) Regulations Extension Regulations 1992 (SR 1992/358)
78: Transitional provisions
1: Where, on the commencement of this section,—
a: An application in relation to a resource consent (including a change or a review of conditions of an existing consent); or
b: A notice of requirement for a designation or heritage order; or
c: An application to become a requiring authority or heritage protection authority; or
d: A proposed policy statement, plan, change, or variation; or
e: An application for a water conservation order— has reached the stage of a hearing having commenced or a decision having been made, the principal Act continues to apply to those matters as if this Act had not been passed.
2: Where, before the commencement of this section, a hearing has been completed in relation to a matter specified in paragraphs (a) to (e) section 357
3: Where the hearing of an appeal or objection has, before the commencement of this section, been commenced in relation to a matter specified in paragraphs (a) to (e)
4: Where, before the commencement of this section, a decision or recommendation has been made in relation to any matter specified in paragraphs (a) to (e)
5: Where an appeal has been lodged or an objection has been made before the commencement of this section, but the hearing of that appeal or consideration of that objection has not commenced, or where an appeal is lodged or an objection is made within the time referred to in subsection (4)
6: Where, before the commencement of this section, an application for a subdivision consent has been made or a subdivision consent has been granted, all proceedings in relation to that subdivision, including the approval and deposit of any survey plan, must be considered and completed under the principal Act as if this Act had not been enacted.
7: Where, before the commencement of this section, any declaration or enforcement or abatement action under Part 12
8: Nothing in this section limits the ability of any person to withdraw that person's application, notice, or proposal under the principal Act (as amended by this Act).
9: Nothing in this section limits the ability of any person to withdraw any objection or appeal
10: For the purposes of this section, the term appeal
79: Financial transitional provisions
Nothing in sections 108(9) 108(10) clause 5 clause 3