Resource Management Amendment Act 2011

1: Title
This Act is the Resource Management Amendment Act 2011.
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 December 2012. Section 2(1) this Act brought into force 1 July 2011 Resource Management Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Resource Management Act 1991 OIC SR 2011/197 2011-07-01 Resource Management Act 1991 Note: different provisions may come into force by OIC on different dates before the amends date
4: Interpretation
Section 2(1) Environmental Protection Authority EPA Environmental Protection Authority EPA section 7 of the Environmental Protection Authority Act 2011 .
5: Delegation of functions by Ministers
Section 29(4) Part 6AA section 24(f), Part 6AA,
6: New section 29A inserted
The following section is inserted after section 29
29A: Restriction on Ministerial direction
The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of the EPA's functions under section 42C(c).
7: Section 42B repealed
Section 42B
8: Functions of EPA
1: Section 42C
aa: to make recommendations to the Minister under section 144A .
2: Section 42C
ba: to receive matters under section 149B(2): .
3: Section 42C(d)
d: to provide secretarial and support services to—
i: a board of inquiry appointed under section 149J:
ii: a special tribunal appointed under section 202: .
4: Section 42C
da: to provide technical advice to the Minister on the development of a national environmental standard: .
9: Section 42D repealed
Section 42D
10: Minister may call in matter that is or is part of proposal of national significance
1: Section 142
3: In deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to—
a: any relevant factor, including whether the matter—
i: has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or
ii: involves or is likely to involve significant use of natural and physical resources; or
iii: affects or is likely to affect a structure, feature, place, or area of national significance; or
iv: affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or
v: results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or
vi: involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or
vii: is or is likely to be significant in terms of section 8; or
viii: will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or
ix: affects or is likely to affect more than 1 region or district; or
x: relates to a network utility operation that extends or is proposed to extend to more than 1 district or region; and
b: any advice provided by the EPA.
2: Section 142(4) ; and
c: the recommendations of the EPA.
3: Section 142
7: To avoid doubt, the Minister may make a direction under subsection (2) that differs from the direction recommended by the EPA under section 144A
11: New section 144A inserted
The following section is inserted after section 144
144A: EPA to advise and make recommendations to Minister in relation to call-in
1: The Minister may request the EPA to advise him or her on whether a matter is, or is part of, a proposal of national significance.
2: Section 142(3)(a)
3: The EPA must provide advice under subsection (1)
4: The EPA's advice must include its recommendation that the Minister—
a: call the matter in and make a direction to refer it to a board of inquiry for a decision; or
b: call the matter in and make a direction to refer it to the Environment Court for a decision; or
c: not call the matter in.
5: The EPA must serve a copy of its recommendation on the applicant and the local authority.
6: The 20-working-day time frame specified in subsection (3)
12: EPA may request further information or commission report
1: Section 149(5)
a: omitting section 146 section 144A
b: omitting section 146(1) section 144A(3)
2: Section 149(6)
a: omitting section 146 section 144A
b: omitting section 146(1) section 144A(3)
13: Right of objection in relation to imposition of additional charges or recovery of costs
1: Section 357B
ab: for a person required by the EPA to pay costs under section 149ZD(2) or (3), to the EPA in respect of that requirement: .
2: Section 357B(b) section 149ZD(2) to (4) section 149ZD(4)