Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010

1: Title
This Act is the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: provide for the replacement of the elected members of the Canterbury Regional Council with commissioners who will act as the Council's governing body until the elected members of Environment Canterbury come into office in accordance with the Environment Canterbury (Transitional Governance Arrangements) Act 2016
b: provide the Council with certain powers that it does not otherwise have to address issues relevant to the efficient, effective, and sustainable management of fresh water in the Canterbury region. Section 3(a) amended 10 May 2016 section 32 Environment Canterbury (Transitional Governance Arrangements) Act 2016
4: Interpretation
1: In this Act, unless the context otherwise requires,— 2016 election local authorities required by section 10 Canterbury region Canterbury WCO WCO commencement day commissioner section 10 or 15 CWMS Canterbury Water Management Strategy—Strategic Framework Environment Canterbury ECan Local Government (Canterbury Region) Reorganisation Order 1989 Gazette Minister Minister of Local Government Local Government Act 2002 permit section 33 proposed regional policy statement or plan section 61 replacement day section 8 responsible Ministers RMA specified application section 33 transition day section 86 vision and principles of the CWMS
a: means the text of the vision and principles included in the CWMS—
i: as reproduced in Part 1
ii: the status and preparation of which are described in Part 2
b: does not include any amendments to that text WCO application
a: for a Canterbury WCO; and
b: to revoke or vary a Canterbury WCO.
2: To avoid doubt, the inclusion of the vision and principles of the CWMS in Part 1
3: Any term or expression that is defined in the Local Government Act 2002 Part 2
4: Any term or expression that is defined in the RMA and used, but not defined, in Part 3
5: This Act prevails where there is any inconsistency between this Act and the RMA, the Local Electoral Act 2001 Local Government Act 2002 Section 4(1) 2013 election repealed 5 March 2013 section 4(1) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 4(1) 2016 election inserted 5 March 2013 section 4(1) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 4(1) 2016 election amended 10 May 2016 section 33(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 4(1) Hurunui WCO application repealed 5 March 2013 section 4(2) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 4(1) next election repealed 10 May 2016 section 33(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 4(1) resumption day repealed 10 May 2016 section 33(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 4(1) transition day inserted 10 May 2016 section 33(3) Environment Canterbury (Transitional Governance Arrangements) Act 2016
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
This Act is repealed on the close of the day before the transition day. close of the day before the transition day 2016-10-13 Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 Stopgap date: see http://www.lgnz.co.nz/vote2016/ Section 6 replaced 10 May 2016 section 34 Environment Canterbury (Transitional Governance Arrangements) Act 2016
2: Replacement of governing body of ECan
7: What this Part does
This Part—
a: sets out the procedure to be followed in terminating the office of the elected members of ECan and replacing them on the replacement day with commissioners; and
b: prescribes the functions of those commissioners; and
c: defers the next triennial general election of members of ECan; and
d: sets out how this Part fits with the Local Electoral Act 2001 Local Government Act 2002 Termination of office of elected members
8: Replacement day
The responsible Ministers must determine the replacement day and give notice of it—
a: in the Gazette
b: to the elected members of ECan.
9: Elected members cease to hold office on close of day before replacement day
1: On the close of the day before the replacement day, the elected members of ECan then holding office (the elected members
2: This section applies no matter what the Local Electoral Act 2001 Local Government Act 2002
3: An elected member is not entitled to any compensation or other payment or benefit for the loss of office. Appointment of commissioners
10: Appointment of commissioners
The responsible Ministers must, in accordance with sections 12 14
11: First appointment of commissioners takes effect on replacement day
The first appointment of commissioners takes effect on the replacement day.
12: How appointment of commissioners made
1: The responsible Ministers must make the appointment by giving the person appointed a written notice of appointment that complies with subsection (2).
2: The notice of appointment must—
a: state the date on which the appointment takes effect (which must be the replacement day in the case of the first appointment of commissioners); and
b: state the term of the appointment; and
c: specify the terms of reference for the commissioners.
3: As soon as practicable, the responsible Ministers must—
a: notify the appointment (including the terms of reference for the commissioners) in the Gazette
b: give a copy of the notice of appointment to ECan.
4: More than 1 commissioner may be appointed in the same notice of appointment.
13: Amendment of terms of reference for commissioners
The responsible Ministers may at any time amend the terms of reference for the commissioners and as soon as practicable after amendment the responsible Ministers must—
a: notify the commissioners of the amended terms of reference; and
b: publish the amended terms of reference in the Gazette
14: Commissioners must have collective knowledge and expertise in certain matters
1: The responsible Ministers must appoint commissioners who collectively have knowledge of, and expertise in relation to, the following matters:
a: organisational change; and
b: fresh water management; and
c: local authority governance and management; and
d: tikanga Māori, as it applies in the Canterbury region; and
e: the Canterbury region and its people.
2: However, nothing in subsection (1) affects the validity of the appointment of a commissioner once made.
15: Subsequent appointment of commissioners
1: The responsible Ministers may appoint additional commissioners after the first appointment of commissioners, except that the total number of commissioners must not be more than 7.
2: The responsible Ministers may appoint a commissioner to replace a commissioner who vacates office.
3: Sections 12 14
16: Chairperson and deputy chairperson of commissioners
1: The responsible Ministers must appoint 1 of the commissioners to be the chairperson of the commissioners.
2: The responsible Ministers must appoint 1 of the commissioners to be the deputy chairperson of the commissioners.
3: The responsible Ministers must make each appointment by giving the person appointed a written notice of appointment.
4: As soon as practicable, the responsible Ministers must—
a: notify the appointment in the Gazette
b: give a copy of the notice of appointment to ECan.
5: The responsible Ministers may terminate the appointment of a commissioner as chairperson or deputy chairperson by written notice to that person.
17: Term of office
1: The term of office of a commissioner ends when the commissioner vacates office or on the close of the day before the transition
2: A commissioner vacates office if he or she—
a: is removed by written notice given by the responsible Ministers; or
b: resigns by written notice given to the responsible Ministers.
3: The responsible Ministers may in their complete discretion remove a commissioner by written notice at any time.
4: As soon as practicable, the responsible Ministers must—
a: notify the removal or resignation of a commissioner in the Gazette
b: give a copy of the notice of removal or resignation to ECan. Section 17(1) amended 10 May 2016 section 35 Environment Canterbury (Transitional Governance Arrangements) Act 2016
17A: Review
1: The responsible Ministers must begin a review of ECan on 1 March 2014.
2: The review must cover—
a: the governance structure of ECan; and
b: the membership of ECan; and
c: ECan's powers and functions under Part 3 Section 17A inserted 5 March 2013 section 5 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013
18: Commissioners' remuneration and expenses
1: A commissioner is entitled to be paid—
a: remuneration by way of salary, fees, and allowances at a rate determined by the responsible Ministers; and
b: travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
2: ECan must pay out of its own funds all expenditure incurred by a commissioner in carrying out his or her functions under this Act or any other Act, including the remuneration, allowances, and expenses to which the commissioner is entitled under subsection (1).
19: Exclusion of commissioners' liability
A commissioner is not liable for any act done or omitted to be done by him or her in good faith in the performance or intended performance of his or her functions, responsibilities, or duties as a commissioner, or in the exercise or intended exercise of his or her powers as a commissioner. Functions of commissioners
20: Commissioners constitute governing body of ECan
During their term of office, the commissioners constitute the governing body of ECan and must—
a: perform all the functions, responsibilities, and duties, and exercise all the powers, of the governing body; and
b: perform any other functions, responsibilities, or duties specified in the terms of reference for the commissioners; and
c: exercise the powers and perform the functions set out in Part 3
d: comply with the terms of reference for the commissioners.
21: Commissioners must establish advice process
The commissioners must as soon as practicable establish a process for seeking advice from the mayors of the territorial authorities in the Canterbury region on local issues that affect the exercise of the powers, and the performance of the functions, of ECan. 2010 and 2013 elections Heading amended 5 March 2013 section 6 Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013
22: 2010 and 2013 elections
1: The triennial general elections 2010 election and in October 2013 section 10(2)
2: A notice given by an electoral officer in respect of the 2010 election under section 52
3: If a notice referred to in subsection (2) has been given before the commencement of this section, the electoral officer must as soon as practicable give public notice that the 2010 election will not be held. Section 22 heading amended 5 March 2013 section 7(1) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 22(1) amended 5 March 2013 section 7(2)﻿(a) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Section 22(1) amended 5 March 2013 section 7(2)﻿(b) Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 Next election Heading repealed 10 May 2016 section 36 Environment Canterbury (Transitional Governance Arrangements) Act 2016
23: Members of ECan elected at next election
Section 23 repealed 10 May 2016 section 36 Environment Canterbury (Transitional Governance Arrangements) Act 2016 Application of other enactments
24: References to members, chairperson, and deputy chairperson
1: During the term of office of the commissioners, every reference in the Local Government Act 2002
a: a member or an elected member of a local authority must, in relation to ECan, be read as referring to a commissioner; and
b: the chairperson of a regional council must, in relation to ECan, be read as referring to the chairperson of the commissioners appointed under section 16(1)
c: the deputy chairperson of a regional council must, in relation to ECan, be read as referring to the deputy chairperson of the commissioners appointed under section 16(2)
2: This section applies subject to sections 25 26
25: Provisions of Local Government Act 2002 that do not apply
The following provisions of the Local Government Act 2002
a: section 41(1)
b: any provision relating to the election or appointment of, or vacation of office by, the members, chairperson, or deputy chairperson of a regional council, including section 48(a) clauses 1 to 5 17 18 25 26(4)
c: any provision relating to the remuneration of members, including section 48(b) clauses 6 to 13
d: clauses 14 21
26: Provisions of Local Electoral Act 2001 that do not apply
1: The following provisions of the Local Electoral Act 2001
a: section 19D
ab: sections 19I 19JB
ac: sections 19Z 19ZB 19ZD
b: any provision relating to the election or appointment of, or vacation of office by, the members of a regional council, including sections 115(3) 116 117
2: Section 26(1)﻿(ab) inserted 10 May 2016 section 37(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 26(1)﻿(ac) inserted 10 May 2016 section 37(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 26(2) repealed 10 May 2016 section 37(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Saving and transitional provisions
27: Saving for acts of elected members of ECan
Nothing in this Act affects the validity of anything done by a person in his or her capacity as an elected member of ECan before the replacement day.
28: Continuation of committees and delegations
Section 28 repealed 10 May 2016 section 38 Environment Canterbury (Transitional Governance Arrangements) Act 2016
3: Additional functions and powers of ECan after commencement day
1: Preliminary matters
29: What this Part does
This Part—
a: provides, in subpart 1 Part 2
b: confers, in subpart 2 RMA
c: in subpart 3 Part 9
d: in subpart 4
30: Application of Part 2 of RMA to this Part
Part 2
31: Transitional regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to—
a: prescribe provisions concerning the commencement or duration of the powers and functions of ECan, which may be in addition to or in place of the provisions of this Part:
b: provide that, subject to any conditions specified in the regulations, in respect of this Part,—
i: for a specified period of time or in specified circumstances, specified provisions of the RMA (including definitions)—
A: do not apply, despite being applied under this Act; or
B: do apply, despite not applying under this Act:
ii: specified terms have the meaning given to them by the regulations:
c: provide for the application of provisions of this Part, with any necessary modifications, despite their expiry and repeal under section 6
d: provide for the expiry of any regulations made under this section.
2: Moratoria on specified applications
32: Application of RMA under this subpart
This subpart applies in addition to the RMA
33: Interpretation
In this subpart,— permit paragraph (a) relevant regional plan specified application
a: means an application in relation to the Canterbury region for—
i: a water permit that allows the taking, use, damming, or diverting of—
A: water that would otherwise contravene section 14(2)﻿(a)
B: heat or energy from water or the material surrounding geothermal water that would otherwise contravene section 14(2)﻿(b) or (c)
ii: a discharge permit that allows a discharge of any—
A: contaminant or water into water that would otherwise contravene section 15(1)﻿(a)
B: contaminant onto or into land that would otherwise contravene section 15(1)﻿(b)
b: includes an application to change or cancel any conditions of a permit referred to in paragraph (a) Imposition of moratorium
34: Power to impose moratorium on specified applications
1: ECan may, with the prior approval of the Minister, impose a moratorium on specified applications in relation to 1 or more areas of the Canterbury region.
2: In determining whether to impose or approve a moratorium in relation to an area of the Canterbury region, ECan and the Minister must have regard to—
a: the vision and principles of the CWMS; and
b: the extent to which the fresh water of that area—
i: is subject to high or increasing demand or to diminishing quality; or
ii: is fully allocated, nearing full allocation, or over-allocated; and
c: any other relevant matter.
3: The effect of a moratorium is set out in sections 37 to 40
35: Notification of moratorium
ECan must give public notice and notice in the Gazette
a: the area of the Canterbury region to which the moratorium applies; and
b: the date on which it commences; and
c: the date on which it ends (which must not be later than the day before the transition section 36 Section 35(c) amended 10 May 2016 section 39 Environment Canterbury (Transitional Governance Arrangements) Act 2016
36: Power to end moratorium
1: ECan may end a moratorium at any time in any area to which the moratorium relates, or the Minister may direct ECan to end the moratorium.
2: A moratorium may be ended in relation to a part or the whole of the area to which it applies.
3: In determining whether to end, or to direct the end of, a moratorium, ECan or the Minister, as the case may be, must have regard to the adequacy of any relevant regional plan for the area to which the moratorium relates.
4: ECan must give public notice and notice in the Gazette
a: the area of the Canterbury region to which the moratorium applies; and
b: if the moratorium will not end in respect of the whole of that area, the part of the area in respect of which the moratorium will end; and
c: the date on which the moratorium will end. Effect of moratorium
37: Effect of moratorium on specified applications made during currency, or after end, of moratorium
1: This section applies to a specified application made to ECan in respect of an area where a moratorium—
a: is in force; or
b: has been in force within 6 months prior to that application being made.
2: If the specified application is made while a moratorium is in force, ECan—
a: must not begin to process the application; and
b: must return the application and any fee accompanying it to the applicant as soon as practicable.
3: If the specified application is made at any time during the period that ends 6 months after the end of a moratorium, ECan must not begin to process the application until after the end of that period.
38: Specified applications made before moratorium in force
1: In the case of specified applications made to ECan before a moratorium comes into force in respect of the area to which the application relates, ECan must not continue to process or determine an application any earlier than the end of the period that ends 6 months after the end of the moratorium.
2: However, ECan must continue to process and determine a specified application as if there were no moratorium in force if, before a moratorium comes into force, ECan has decided in respect of the application that—
a: a hearing must be held and the hearing has commenced or been completed; or
b: no hearing is required.
39: Effect of moratorium on applications for which request is made under section 87D of RMA
1: This section applies if, before a moratorium is in force in an area to which a specified application relates, the applicant requests ECan under section 87D
2: The specified application is to be treated as one to which section 38(1)
a: declines the request; or
b: has not made a decision on the request.
3: However, if ECan decides under section 87E subsection (4)
4: If section 87I section 38(1)
40: Effect of moratorium on permits granted before moratorium in force
1: Subsection (2) applies if a permit—
a: has been granted (whether before or after the commencement day) in relation to an area of the Canterbury region where a moratorium subsequently comes into force; and
b: is due to expire during, or within 6 months after the end of, the moratorium.
2: The permit is to be treated as expiring on the date that is 6 months after the end of the moratorium. Treatment of specified applications at end of moratorium
41: Specified applications held over during moratorium may be revised
1: If the processing of a specified application is interrupted under section 38(1)
a: revise the application to take account of any changes made to the relevant regional plan since the application was first made; and
b: lodge any revised application again with ECan.
2: Not later than 5 working days before the end of a moratorium, ECan must give notice to any applicant whose application is affected in the manner referred to in subsection (1), advising the applicant—
a: of the date on which the moratorium will end; and
b: of the applicant's right to revise the application and lodge it again with ECan.
3: Subsection (1)﻿(a) permits revision of a specified application only if, and to the extent that, the application—
a: is revised no more than is necessary to take into account changes made to the relevant regional plan since the application was first lodged; and
b: remains within the scope of the application as it was first lodged.
42: Process to apply to specified applications after end of moratorium
1: On the day that is 6 months after the end of a moratorium, ECan must—
a: resume processing any specified applications to which section 38(1) section 41(1) and (3)
b: process those applications—
i: as having been received on the date that the original application was first lodged; but
ii: under any relevant regional plan applying at the time when the application is considered.
2: On the day that is 6 months after the end of a moratorium, ECan must commence processing, in accordance with subsection (3), any specified application to which—
a: section 37(3)
b: section 38(1) section 41(3)
3: ECan must process an application to which subsection (2) applies—
a: as if it were a new application made—
i: on the day it was first lodged, in the case of an application to which subsection (2)﻿(a) refers:
ii: on the day it was lodged again, in the case of an application to which subsection (2)﻿(b) refers; and
b: under any relevant regional plan applying at the time when the application is considered.
4: Subsections (1)﻿(b)﻿(ii) and (3)﻿(b) apply instead of section 88A
43: Application of certain provisions of RMA
1: Section 124(3) section 40
a: for the same activity; and
b: on or before the day that the existing permit expires under section 40(2)
2: If a specified application is made in the circumstances described in subsection (1),—
a: for the purposes of sections 124A to 124C section 124
b: the references in section 124C(4) and (5) section 40(2) Exclusions
44: No compensation
No compensation is payable by the Crown or ECan to any person for any loss or damage arising from the application of this subpart.
45: Provisions of Local Government Act 2002 that do not apply
Nothing in sections 76 to 82
3: Water conservation orders
46: Part 9 of RMA does not apply except as otherwise stated
1: Except as expressly provided in this subpart, this subpart applies instead of Part 9
a: on and from the commencement day; and
b: until the close of the day before the transition
2: Subsection (1) applies whether an application is made before, on, or after the commencement day.
3: Subsection (1) does not limit or otherwise affect the application of section 217
4: Despite subsection (1), the following provisions continue to apply on and from the transition
a: sections 52 to 55
b: Section 46(1)﻿(b) amended 10 May 2016 section 40(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 46(4) amended 10 May 2016 section 40(1) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 46(4)﻿(a) amended 10 May 2016 section 40(2) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Section 46(4)﻿(b) repealed 10 May 2016 section 40(3) Environment Canterbury (Transitional Governance Arrangements) Act 2016 Provisions relating to processing of applications
47: Applications to Minister under section 201 of RMA
1: Section 201
2: The application must state the reasons for the application with reference, as appropriate, to the matters provided for in sections 50(2) 57(2) section 201(2)﻿(b)
48: Processing of applications
1: After receiving a WCO application and any further information that the Minister may require, the Minister—
a: may make any inquiry that the Minister considers necessary; and
b: as soon as practicable, must either—
i: reject the application; or
ii: submit the application to ECan to hear and report on.
2: The Minister must notify the applicant—
a: that the application has been rejected, and the reasons for the rejection; or
b: that the application is to be heard and reported on by ECan under this Act.
49: ECan to notify applications
1: As soon as practicable after receiving an application from the Minister under section 48(1)﻿(b)﻿(ii) section 204
2: The notice required by section 204(1)﻿(c) Criteria and process for consideration of applications
50: Consideration of applications by ECan
1: After considering a WCO application submitted by the Minister under section 48(1)﻿(b)﻿(ii)
a: reject the application; or
b: recommend to the Governor-General that a Canterbury WCO be made under section 214 section 56
2: In considering whether to recommend to the Minister that a WCO be made, ECan must, subject to Part 2
a: have particular regard to—
i: the matters set out in subsections (3) and (4); and
ii: the vision and principles of the CWMS; and
b: have regard to the matters specified in section 207(a) to (c)
3: ECan may recommend to the Minister that a WCO be made to recognise and sustain—
a: outstanding amenity or intrinsic values that are afforded by waters in their natural state; or
b: where waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.
4: Section 199(2)
51: Submissions, hearing, and report
Sections 205 206 208
a: every reference to a special tribunal were a reference to ECan; and
b: the references in section 205(3)﻿(d) and (5) sections 199 200 207 sections 50(2) 57(2)
c: section 208(2)﻿(c) Appeals on question of law only
52: Jurisdiction of Environment Court excluded
The Environment Court has no jurisdiction under this subpart and no person may make a submission to the Environment Court in respect of a report prepared and notified by ECan under section 51
53: Right of appeal to High Court on question of law
1: The persons listed in subsection (2) may appeal to the High Court, but only on a question of law, in respect of the whole or a part of a report of ECan recommending that—
a: a WCO application be declined; or
b: a Canterbury WCO be made on the terms of the draft order included in that report.
2: The persons are—
a: the person who applied for the Canterbury WCO to which the report relates:
b: a territorial authority whose district may be affected by the proposed Canterbury WCO:
c: a person who made a submission to ECan on the application:
d: any other person granted leave to appeal by the High Court on the ground that the person could not reasonably be expected to know that the report of ECan would affect the person or an aspect of the public interest that the person represents.
54: Provisions of RMA applying to appeal procedure
1: Sections 300 to 307 section 53
2: The High Court Rules apply if a procedural matter is not provided for by or under those sections.
55: Appeal to Court of Appeal
Section 66 section 53 Section 55 replaced 10 May 2016 section 41 Environment Canterbury (Transitional Governance Arrangements) Act 2016 Making or declining to make WCO
56: Application of sections 214 and 215 of RMA
Sections 214 215
a: every reference to a report of a special tribunal under section 208
b: the references to the Environment Court were omitted.
57: Scope and effect of WCO made under this subpart
1: A Canterbury WCO made under section 214 section 56 section 30(1)﻿(e) and (f)
2: Restrictions or prohibitions imposed under subsection (1) may include, in particular, restrictions or prohibitions relating to—
a: the quantity, quality, rate of flow, or level of the water in a water body:
b: the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for the water body:
c: the maximum allocation for abstraction or maximum contaminant loading consistent with the purposes of the order:
d: the ranges of temperature and pressure in a water body. Revocations and variations
58: Applications to revoke or vary WCOs
1: Section 216(1) and (2)
2: Despite anything in this subpart, the Minister may, instead of submitting an application to revoke or vary a Canterbury WCO to ECan under section 48(1)﻿(b)﻿(ii)
a: the Minister is of the opinion that—
i: the application should not be rejected; but
ii: because of the minor effect of the amendment, it is unnecessary for ECan to consider the application; and
b: both ECan and the original applicant for the WCO (if that person can be located) agree to the amendment.
3: The Governor-General may, by Order in Council made on the recommendation of the Minister under subsection (2), amend the WCO accordingly. Delegations under this subpart
59: Delegation by ECan of functions, powers, and duties
1: ECan may delegate its functions, powers, and duties under this subpart (except the power to delegate) to—
a: an employee; or
b: a hearings commissioner appointed by ECan.
2: Section 34(7) to (10)
3: Subsection (2) does not limit clause 32 Transitional matters Heading repealed 10 May 2016 section 42 Environment Canterbury (Transitional Governance Arrangements) Act 2016
60: Transitional provisions
Section 60 repealed 10 May 2016 section 42 Environment Canterbury (Transitional Governance Arrangements) Act 2016
4: Process for approval of proposed regional policy statements or plans
Preliminary matters
61: Meaning of proposed regional policy statement or plan
In this subpart, proposed regional policy statement or plan
a: means—
i: any proposed plan or change to, or variation of, a plan notified by ECan under clause 5 26
A: after the commencement of this Act; or
B: before the commencement of this Act, but only if no decision has been made under clause 10
ii: any proposed regional policy statement or change to, or variation of, a regional policy statement that is notified by ECan under the clauses mentioned in subparagraph (i) after the commencement of this Act; but
b: does not include a proposed regional coastal plan or change to, or variation of, a regional coastal plan, whether that plan is notified before or after the commencement of this Act.
62: Application of RMA
1: Except as expressly provided otherwise in this subpart, the provisions of the RMA
2: However, subsection (1) does not override section 161 Additional criteria for decision making
63: Additional relevant criteria
In considering any proposed regional policy statement or plan, ECan must have particular regard to the vision and principles of the CWMS in addition to the matters relevant under the RMA clause 10(1) Procedural arrangements
64: Application of sections 65 to 68
Sections 65 to 68
a: made under clause 10
b: in respect of which ECan must have particular regard to the additional criteria specified in section 63
65: Notification of decision
A notice served by ECan under clause 11 section 66
66: Right of appeal to High Court on question of law
1: No person may appeal to the Environment Court under clause 14 section 64
2: However, a person who made a submission under clause 6 8 section 64
67: Scope of right of appeal
Any appeal under section 66(2)
a: must be lodged in accordance with the requirements stated in the notice served under section 65
b: may relate only to a provision or matter raised in the submission of the person lodging the appeal.
68: Appeal procedure
Sections 54 55 Transitional provision
69: Procedures if proposed regional policy statement or plan under consideration before commencement day
1: Subsection (2)
a: ECan revokes a delegation under section 34 34A clause 10
b: any hearing on that submission has been concluded.
2: Despite any other enactment or rule of law, ECan (or any other person to whom the power is delegated under section 34 34A
a: without holding a further hearing; but
b: only after first considering—
i: the submissions made in relation to that matter; and
ii: the evidence presented at the hearing; and
iii: any reports of an officer of ECan or expert commissioned by the person with authority to conduct a hearing under section 34 34A
3: Despite any other enactment or rule of law, after the commencement day ECan is not required to give a further opportunity to any person to make submissions on, or be heard in relation to, a proposed regional policy statement or plan solely because of changes in the matters to which ECan must have particular regard when making decisions under clause 10(1)