Resource Management Amendment Act 2005

1: Title
1: This Act is the Resource Management Amendment Act 2005.
2: In this Act, the Resource Management Act 1991 the principal Act
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsections (2) to (5).
2: Section 22(1)
3: The following provisions come into force 24 months after the date on which this Act receives the Royal assent:
a: section 22(2)
b: section 25(2)
4: Section 67
5: The following provisions come into force on a date to be appointed by the Governor-General by Order in Council:
a: section 108
b: section 115(2) to (4)
c: section 117
3: Purpose
The purpose of this Act is to amend the Resource Management Act 1991
a: to improve the operation of the Act, in particular in relation to—
i: the achievement of nationally consistent standards through national environmental standards and national policy statements; and
ii: the making of decisions by consent authorities and the Environment Court; and
iii: the power of the Minister for the Environment to call in applications for resource consents; and
iv: the development of policy statements and plans by local authorities; and
v: consultation with iwi and resource planning by iwi; and
vi: the allocation of natural resources; and
b: to make related and other amendments of a minor or technical nature.
4: Interpretation
1: Section 2(1) accredited section 39A applicant
a: in sections 40, 41B, 41C, and 42A section 39(1)
b: in sections 141 to 150AA section 140 contaminated land
a: if there is an applicable national environmental standard on contaminants in soil, the land is more contaminated than the standard allows; or
b: if there is no applicable national environmental standard on contaminants in soil, the land has a hazardous substance in or on it that—
i: has significant adverse effects on the environment; or
ii: is reasonably likely to have significant adverse effects on the environment existing use certificate section 139A infrastructure section 30
a: pipelines that distribute or transmit natural or manufactured gas, petroleum, or geothermal energy:
b: a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001
c: a network for the purpose of radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989
d: facilities for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines, and support structures if a person—
i: uses them in connection with the generation of electricity for the person's use; and
ii: does not use them to generate any electricity for supply to any other person:
e: a water supply distribution system, including a system for irrigation:
f: a drainage or sewerage system:
g: structures for transport on land by cycleways, rail, roads, walkways, or any other means:
h: facilities for the loading or unloading of cargo or passengers transported on land by any means:
i: an airport as defined in section 2 of the Airport Authorities Act 1966
j: a navigation installation as defined in section 2 of the Civil Aviation Act 1990
k: facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988
l: anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator section 166 joint management agreement
a: is made by a local authority with 1 or more—
i: public authorities, as defined in paragraph (b) public authority
ii: iwi authorities or groups that represent hapu; and
b: provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority's functions, powers, or duties under this Act relating to a natural or physical resource; and
c: specifies the functions, powers, or duties; and
d: specifies the natural or physical resource; and
e: specifies whether the natural or physical resource is in the whole of the region or district or part of the region or district; and
f: may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and
g: if paragraph (f)
h: may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding national environmental standard section 43 public authority
a: in section 33 section 33(2)
b: in section 36B joint management agreement
i: a local authority; and
ii: a statutory body; and
iii: the Crown
2: The definition of declaration section 2 or section 313A
5: Certain existing uses in relation to land protected
Section 10(2) and 357 to
6: Functions of Minister for the Environment
1: Section 24(b) regulations under section 43 national environmental standards
2: Section 24
c: the making of decisions under section 141A
7: New section 24A inserted
The principal Act is amended by inserting, after section 24
24A: Power of Minister for the Environment to investigate and make recommendations
The Minister for the Environment may—
a: investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act; and
b: make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and
c: investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act; and
d: make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and
e: take action under section 25 or section 25A
8: New section 25A inserted
The principal Act is amended by inserting, after section 25
25A: Minister may direct preparation of plan, change, or variation
1: The Minister for the Environment—
a: may direct a regional council—
i: to prepare a regional plan that addresses a resource management issue relating to a function in section 30
ii: to prepare a change to its regional plan that addresses the issue; or
iii: to prepare a variation to its proposed regional plan that addresses the issue; and
b: may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and
c: must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.
2: The Minister—
a: may direct a territorial authority—
i: to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31
ii: to prepare a variation to its proposed district plan that addresses the issue; and
b: must, in giving a direction, specify a reasonable period within which the change or variation must be notified.
9: New section 27 substituted
The principal Act is amended by repealing section 27
27: Minister may require local authorities to supply information
1: The Minister for the Environment may require the bodies described in subsection (2) subsection (3)
2: The bodies are—
a: a local authority; and
b: a network utility operator approved as a requiring authority; and
c: a body corporate approved as a heritage protection authority.
3: The information is information to which all the following apply:
a: it is about the body's exercise of any of its functions, powers, or duties under this Act; and
b: it is held by the body; and
c: it may reasonably be required by the Minister.
4: The Minister must require the information in a notice that—
a: is in writing; and
b: is dated.
5: The body—
a: must supply the Minister with the information within—
i: 20 working days of the date of the notice; or
ii: a longer time set by the Minister; and
b: must not charge the Minister for the supply.
10: Delegation of functions by Ministers
Section 29(1)
c: the making of decisions under section 141A
11: Functions of regional councils under this Act
1: Section 30(1)
ca: the investigation of land for the purposes of identifying and monitoring contaminated land:
2: Section 30(1)
fa: if appropriate, the establishment of rules in a regional plan to allocate any of the following:
i: the taking or use of water (other than open coastal water):
ii: the taking or use of heat or energy from water (other than open coastal water):
iii: the taking or use of heat or energy from the material surrounding geothermal water:
iv: the capacity of air or water to assimilate a discharge of a contaminant:
fb: if appropriate, and in conjunction with the Minister of Conservation,—
i: the establishment of rules in a regional coastal plan to allocate the taking or use of heat or energy from open coastal water:
ii: the establishment of a rule in a regional coastal plan to allocate space in a coastal marine area under Part 7A
3: Section 30(1)
gb: the strategic integration of infrastructure with land use through objectives, policies, and methods:
4: Section 30
4: A rule to allocate a natural resource established by a regional council in a plan under subsection (1)﻿(fa) or (fb)
a: the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and
b: nothing in paragraph (a) section 68(7)
c: the rule may allocate the resource in anticipation of the expiry of existing consents; and
d: in allocating the resource in anticipation of the expiry of existing consents, the rule may—
i: allocate all of the resource used for an activity to the same type of activity; or
ii: allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and
e: the rule may allocate the resource among competing types of activities; and
f: the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 14(3)﻿(b) to (e)
12: Functions of territorial authorities under this Act
Section 31(1)﻿(b)
iia: the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:
13: Consideration of alternatives, benefits, and costs
1: Section 32(1)﻿(a) regulations made under section 43 a national environmental standard
2: Section 32
3A: This subsection applies to a rule that imposes a greater prohibition or restriction on an activity to which a national environmental standard applies than any prohibition or restriction in the standard. The evaluation of such a rule must examine whether the prohibition or restriction it imposes is justified in the circumstances of the region or district.
3: Section 32(4) this examination the examinations referred to in subsections (3) and (3A)
14: Delegation of powers and functions to employees and other persons
Section 34A
15: Duty to gather information, monitor, and keep records
Section 35(5)
aa: copies of all material incorporated by reference in any plan or proposed plan under Part 3 of Schedule 1
16: New section 35A inserted
The principal Act is amended by inserting, after section 35
35A: Duty to keep records about iwi and hapu
1: For the purposes of this Act, a local authority must keep and maintain, for each iwi and hapu within its region or district, a record of—
a: the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act; and
b: the planning documents that are recognised by each iwi authority and lodged with the local authority; and
c: any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga.
2: For the purposes of subsection (1)﻿(a) and (c)
a: the Crown must provide to each local authority information on—
i: the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and
ii: any groups that represent hapu for the purposes of this Act within the region or district of that local authority and the areas over which 1 or more hapu exercise kaitiakitanga within that region or district; and
iii: the matters provided for in subparagraphs (i) and (ii)
b: the local authority must include in its records all the information provided to it by the Crown under paragraph (a)
3: In addition to any information provided by a local authority under subsection (2)﻿(a)﻿(iii)
a: on iwi, obtained directly from the relevant iwi authority; and
b: on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act.
4: In this section, the requirement under subsection (1)
5: If information recorded under subsection (1)
a: the provision of the other enactment prevails; or
b: the advice given under the other enactment prevails; or
c: the determination made under the other enactment prevails.
6: Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act.
17: Administrative charges
1: Section 36(1)﻿(b) compliance and existing use certificates
2: Section 36(1)﻿(c) compliance and existing use certificates
3: Section 36(1)
cb: charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to reviewing consent conditions, if—
i: the review is carried out at the request of the consent holder; or
ii: the review is carried out under section 128(1)﻿(a)
iii: the review is carried out under section 128(1)﻿(c)
4: Section 36(6) 357 and 357B to
18: New headings and sections 36A to 36E inserted
The principal Act is amended by inserting, after section 36 Duties of local authorities and applicants
36A: No duty under this Act to consult about resource consent applications and notices of requirement
1: The following apply to an applicant for a resource consent and the local authority:
a: neither has a duty under this Act to consult any person about the application; and
b: each must comply with a duty under any other enactment to consult any person about the application; and
c: each may consult any person about the application.
2: This section applies to a notice of requirement issued under any of sections 168, 168A, 189, and 189A
a: the notice were an application for a resource consent; and
b: the authority were an applicant. Powers and duties of local authorities and other public authorities
36B: Power to make joint management agreement
1: A local authority that wants to make a joint management agreement must—
a: notify the Minister that it wants to do so; and
b: satisfy itself—
i: that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement—
A: represents the relevant community of interest; and
B: has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and
ii: that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and
c: include in the joint management agreement details of—
i: the resources that will be required for the administration of the agreement; and
ii: how the administrative costs of the joint management agreement will be met.
2: A local authority that complies with subsection (1)
36C: Local authority may act by itself under joint management agreement
1: This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together.
2: The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind.
36D: Effect of joint management agreement
A decision made under a joint management agreement has effect as a decision of the local authority.
36E: Termination of joint management agreement
Any party to a joint management agreement may terminate that agreement by giving the other parties 20 working days' notice.
19: Persons to have powers of consent authority for purposes of sections 37 and 37A
Section 37B(a) given under section 140 made under section 141C
20: Hearings to be public and without unnecessary formality
1: Section 39(1) 34, 34A,
2: Section 39(1) 357 357C
3: Section 39(1)﻿(e) under section 141B(1)﻿(a)
21: New section 39A inserted
The principal Act is amended by inserting, after section 39
39A: Accreditation
The Minister must—
a: approve a qualification or qualifications establishing a person's accreditation; and
b: notify each qualification in the Gazette
22: New section 39B inserted
1: The principal Act is amended by inserting, after section 39A
39B: Persons who may be given hearing authority
1: This section applies when a local authority wants to apply any of sections 33, 34, and section 34A
a: an application for a resource consent notified under section 93
b: a notice of requirement given under section 168 or section 189
c: a request under clause 21(1) of Schedule 1
2: If the local authority wants to give authority to 1 person, it may do so only if the person is accredited.
3: If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if the chairperson is accredited.
2: Section 39B
4: If the local authority wants to give authority to a group of persons, whether or not the group has a chairperson, it may do so only if over half of all the persons are accredited.
23: New section 39C inserted
The principal Act is amended by inserting, after section 39B
39C: Effect of lack of accreditation
1: This section applies when a local authority purports to give authority under section 39B
2: No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B
24: Provisions relating to hearings
Section 41(1) 34, 34A,
25: New sections 41A to 41C inserted
1: The principal Act is amended by inserting, after section 41
41A: Control of hearings
An authority conducting a hearing on a matter described in section 39(1) section 41B or section 41C
41B: Directions to provide evidence within time limits
1: The authority may direct the applicant to provide briefs of evidence to the authority before the hearing.
2: The applicant must provide the briefs of evidence at least 10 working days before the hearing.
3: The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing.
4: The person must provide the briefs of evidence at least 5 working days before the hearing.
5: If the authority has exercised a power under this section, section 101(2)
41C: Directions and requests before or at hearings
1: Before or at the hearing, the authority may—
a: direct the order of business at the hearing, including the order in which evidence and submissions are presented; or
b: direct that evidence and submissions be—
i: recorded; or
ii: taken as read; or
iii: limited to matters in dispute; or
c: direct the applicant, when presenting evidence or a submission, to present it within a time limit; or
d: direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit.
2: Before or at the hearing, the authority may request a person who has made a submission to provide further information.
3: At the hearing, the authority may request the applicant to provide further information.
4: At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply:
a: the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and
b: the applicant is notified before the authority commissions the report; and
c: the applicant does not refuse to agree to the commissioning of the report.
5: The authority must provide copies of the report to the applicant and any person who made a submission.
6: At the hearing, the authority may direct a person presenting a submission not to present—
a: the whole submission, if all of it is irrelevant or not in dispute; or
b: any part of it that is irrelevant or not in dispute.
2: Section 41C
7: Before or at the hearing, the authority may direct that the whole, or a part, of a submission be struck out if the authority considers—
a: that the whole submission, or the part, is frivolous or vexatious; or
b: that the whole submission, or the part, discloses no reasonable or relevant case; or
c: that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.
8: If the authority gives a direction under subsection (7)
9: A person whose submission, or part of whose submission, is struck out has a right of objection under section 357
26: Reports to local authorities
1: Section 42A
1: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority may require an officer of a local authority as defined in section 42(6) section 39(1)
2: Section 42A(3) , or the person who made a requirement for a designation or heritage order (as the case may be),
27: Regulations prescribing national environmental standards
Section 43(1)﻿(a) section 9 section 11
28: Additional powers to implement national environmental standards
1: Section 43A(1) Regulations made under section 43 National environmental standards
2: Section 43A(1)
b: allow an activity:
3: Section 43A(1)﻿(c) and (d) the regulations a national environmental standard
4: Section 43A(1)﻿(e)
a: the words the regulations a national environmental standard
b: the word regulation standard
5: Section 43A(1)﻿(f) the regulations a national environmental standard
6: Section 43A
2: A national environmental standard that prohibits an activity—
a: may do 1 or both of the following:
i: state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard; and
ii: require compliance with the rules in a plan or proposed plan as a term or condition; or
b: may state that the activity is a prohibited activity.
3: If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)﻿(b) and (4)
a: allow the activity, unless it states that a resource consent is required for the activity; or
b: state that the activity is a permitted activity.
4: A national environmental standard that allows an activity—
a: may state that a resource consent is not required for the activity; or
b: may do 1 or both of the following:
i: state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and
ii: require compliance with the rules in a plan or proposed plan as a term or condition.
5: If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:
a: a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and
b: the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and
c: if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.
6: A national environmental standard that allows a resource consent to be granted for an activity—
a: may state that the activity is—
i: a controlled activity; or
ii: a restricted discretionary activity; or
iii: a discretionary activity; or
iv: a non-complying activity; and
b: may state the matters over which—
i: control is reserved; or
ii: discretion is restricted.
29: New sections 43B to 43G substituted
The principal Act is amended by repealing sections 43B to 43E
43B: Relationship between national environmental standards and rules or consents
1: A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it.
2: For the purposes of subsection (1)
a: a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises:
b: a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise.
3: A rule or resource consent may not be more lenient than a national environmental standard.
4: For the purposes of subsection (3)
5: A resource consent that exists when a national environmental standard is made prevails over the standard. This subsection does not apply to water, coastal, or discharge permits.
6: A water, coastal, or discharge permit that exists when a national environmental standard is made prevails over the standard until a review of the permit's conditions under section 128(1)﻿(ba)
7: A national environmental standard that exists before the hearing of an application for a resource consent begins prevails over a resource consent granted as a result of the application.
8: A national environmental standard that prescribes transitional provisions relating to a resource consent application notified before the commencement of the standard prevails over a resource consent granted as a result of the application to the extent (if any) specified in the standard.
9: If a national environmental standard requires a resource consent to be obtained for an activity, sections 10, 10A, 10B, and 20A(2)
43C: Relationship between national environmental standards and water conservation orders
1: A water conservation order that is more stringent than a national environmental standard applying to water prevails over the standard.
2: A national environmental standard applying to water that is more stringent than a water conservation order prevails over the order.
43D: Relationship between national environmental standards and designations
1: A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following:
a: the designation lapses:
b: the designation is altered under section 181
2: If the conditions of a designation are altered as described in subsection (1)﻿(b)
a: applies to the altered conditions; and
b: does not apply to the unaltered conditions.
3: A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,—
a: the designation exists; and
b: no outline plan for the designation has completed the process described in section 176A
4: A national environmental standard that exists when a designation is made prevails over the designation.
5: A use is not required to comply with a national environmental standard if—
a: the use was lawfully established by way of a designation that has lapsed; and
b: the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and
c: the standard is made—
i: after the designation was made; and
ii: before or after it lapses.
6: Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events:
a: the work is made; and
b: the standard is made; and
c: the designation is applied to the work.
7: In this section, conditions
43E: Relationship between national environmental standards and bylaws
1: A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it.
2: For the purposes of subsection (1)
3: A bylaw may not be more lenient than a national environmental standard.
4: For the purposes of subsection (3)
5: In this section, bylaw
43F: Description of discharges in national environmental standards for discharges
A national environmental standard for an activity that is a discharge may describe the discharge by referring to—
a: particular contaminants or sources of contaminants in a discharge; or
b: the circumstances or sources of a discharge.
43G: Incorporation of material by reference in national environmental standards
A national environmental standard may incorporate material by reference under Schedule 1AA
30: Restriction on power to make regulations prescribing national environmental standards
1: The heading of section 44 regulations prescribing
2: Section 44
a: the words regulations under section 43 national environmental standard
b: from paragraphs (a)﻿(i) and (b)﻿(i) and (ii) the word regulations standard
c: from paragraph (a)﻿(ii) the words regulations are standard is
3: Section 44 public and iwi authorities
31: Proposed national policy statement
Section 46(a) comments from the relevant iwi authorities and
32: New section 46A inserted
The principal Act is amended by inserting, after section 46
46A: Minister chooses process
1: After preparing a proposed national policy statement under sections 45 and 46
a: use the process set out in sections 47 to 52
b: establish, and then use, a process that—
i: gives the public adequate time and opportunity to make a submission on the statement; and
ii: requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the statement; and
iii: incorporates sections 51 and 52
2: When choosing between subsection (1)﻿(a) and subsection (1)﻿(b)
a: the advantages and disadvantages of having the proposed national policy statement made quickly:
b: the extent to which the policy in the proposed national policy statement differs from the policies in—
i: other national policy statements; and
ii: regional policy statements; and
iii: regional or district plans:
c: the extent and timing of public debate and public consultation that took place on the policy before the proposed national policy statement was prepared:
d: any other relevant matter.
3: The Minister must not choose a process established under subsection (1)﻿(b) section 55(2A)﻿(b)
4: A national policy statement prepared after the use of a process established under subsection (1)﻿(b) Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
33: New section 46B inserted
The principal Act is amended by inserting, after section 46A
46B: Incorporation of material by reference in national policy statements
A national policy statement may incorporate material by reference under Schedule 1AA
34: Changes to or review or revocation of national policy statements
Section 53 complying with the same procedure as is set out in sections 46 to 52 using 1 of the processes referred to in section 46A(1)
35: Local authority recognition of national policy statements
Section 55
1: In subsections (2) and (2A) document
a: a regional policy statement; or
b: a proposed regional policy statement; or
c: a proposed plan; or
d: a plan; or
e: a variation.
2: A local authority must—
a: amend a document to give effect to a provision in a national policy statement that affects the document; and
b: make the amendment—
i: as soon as practicable; or
ii: within the time specified in the national policy statement; or
iii: before the occurrence of an event specified in the national policy statement.
2A: A national policy statement—
a: must state whether a local authority is required to use the process set out in Schedule 1 subsection (2)
b: may direct that specific provisions are to be included in a document, without notification or hearing, under clause 16 of Schedule 1
36: Preparation of New Zealand coastal policy statements
Section 57(1) in the manner set out in sections 46 to 52 using 1 of the processes referred to in section 46A(1) sections 46 to 52
37: Contents of New Zealand coastal policy statements
Section 58 state objectives and
38: New section 58A inserted
The principal Act is amended by inserting, after section 58
58A: Incorporation of material by reference in New Zealand coastal policy statements
A New Zealand coastal policy statement may incorporate material by reference under Schedule 1AA
39: Preparation and change of other regional plans
1: Section 65(1) (e), (f), (g), or (ga) (ca), (e), (f), (fa), (fb), (g), or (ga)
2: Section 65
1A: A regional council given a direction under section 25A(1)
a: prepare a regional plan that implements the direction; or
b: prepare a change to its regional plan in a way that implements the direction; or
c: prepare a variation to its regional plan in a way that implements the direction.
3: Section 65
6: A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—
a: the statement contains a provision to which the plan does not give effect; and
b: 1 of the following occurs:
i: the statement is reviewed under section 79
ii: the statement is reviewed under section 79
iii: the statement is changed or varied and becomes operative.
7: A local authority must comply with subsection (6)
a: within the time specified in the statement, if a time is specified; or
b: as soon as reasonably practicable, in any other case.
40: Matters to be considered by regional council
1: Section 66(1) Part 2 a direction given under section 25A(1)
2: Section 66(2) section 67(2) section 67(3) and (4)
41: New section 67 substituted
The principal Act is amended by repealing section 67
67: Contents of regional plans
1: A regional plan must state—
a: the objectives for the region; and
b: the policies to implement the objectives; and
c: the rules (if any) to implement the policies.
2: A regional plan may state—
a: the issues that the plan seeks to address; and
b: the methods, other than rules, for implementing the policies for the region; and
c: the principal reasons for adopting the policies and methods; and
d: the environmental results expected from the policies and methods; and
e: the procedures for monitoring the efficiency and effectiveness of the policies and methods; and
f: the processes for dealing with issues—
i: that cross local authority boundaries; or
ii: that arise between territorial authorities; or
iii: that arise between regions; and
g: the information to be included with an application for a resource consent; and
h: any other information required for the purpose of the regional council's functions, powers, and duties under this Act.
3: A regional plan must give effect to—
a: any national policy statement; and
b: any New Zealand coastal policy statement; and
c: any regional policy statement.
4: A regional plan must not be inconsistent with—
a: a water conservation order; or
b: any other regional plan for the region; or
c: a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996
5: A regional plan must record how a regional council has allocated a natural resource under section 30(1)﻿(fa) or (fb) and (4)
6: A regional plan may incorporate material by reference under Part 3 of Schedule 1
42: Regional rules
Section 68
11: If paragraph (b) contaminated land
a: provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or
b: provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or
c: treats the land as not contaminated for purposes stated in the rule.
43: Implementation of regulations made under section 43
1: The heading of section 70B regulations made under section 43 national environmental standards
2: Section 70B
a: the words regulations are made under section 43 a national environmental standard is made
b: the word regulations standard
44: Preparation and change of district plans
1: Section 73
1B: A territorial authority given a direction under section 25A(2)
2: Section 73
4: A local authority must amend a proposed district plan or district plan to give effect to a regional policy statement, if—
a: the statement contains a provision to which the plan does not give effect; and
b: 1 of the following occurs:
i: the statement is reviewed under section 79
ii: the statement is reviewed under section 79
iii: the statement is changed or varied and becomes operative.
5: A local authority must comply with subsection (4)
a: within the time specified in the statement, if a time is specified; or
b: as soon as reasonably practicable, in any other case.
45: Matters to be considered by territorial authority
1: Section 74(1) Part 2 a direction given under section 25A(2)
2: Section 74(2) section 75(2) section 75(3) and (4)
46: New section 75 substituted
The principal Act is amended by repealing section 75
75: Contents of district plans
1: A district plan must state—
a: the objectives for the district; and
b: the policies to implement the objectives; and
c: the rules (if any) to implement the policies.
2: A district plan may state—
a: the significant resource management issues for the district; and
b: the methods, other than rules, for implementing the policies for the district; and
c: the principal reasons for adopting the policies and methods; and
d: the environmental results expected from the policies and methods; and
e: the procedures for monitoring the efficiency and effectiveness of the policies and methods; and
f: the processes for dealing with issues that cross territorial authority boundaries; and
g: the information to be included with an application for a resource consent; and
h: any other information required for the purpose of the territorial authority's functions, powers, and duties under this Act.
3: A district plan must give effect to—
a: any national policy statement; and
b: any New Zealand coastal policy statement; and
c: any regional policy statement.
4: A district plan must not be inconsistent with—
a: a water conservation order; or
b: a regional plan for any matter specified in section 30(1)
5: A district plan may incorporate material by reference under Part 3 of Schedule 1
47: District rules
Section 76
5: If paragraph (b) contaminated land
a: provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or
b: provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or
c: treats the land as not contaminated for purposes stated in the rule.
48: Types of activities
Section 77B(2)
a: a resource consent is required for the activity; and
aa: the consent authority must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and
49: Circumstances when further review required
Section 79A
2: The regional council that has responsibility for the area where the reserve is located must review its regional policy statement and each regional plan to the extent necessary to ensure that they recognise and provide for the management plan. It must start the review within 6 months of the management plan being lodged under subsection (1)﻿(b)
50: Making an application
Section 88(5) and 357 to
51: New sections 88B and 88C substituted
The principal Act is amended by repealing section 88B
88B: Processing provisions from which periods described in section 88C are excluded
The periods described in section 88C(2), (4), (6), (8), (10), and (12)
a: section 95
b: section 101(2A)
c: section 115(b)
d: section 173
88C: Description of excluded periods
1: Subsection (2)
a: a consent authority has requested an applicant, under section 92(1)
b: the applicant provides further information under section 92A(1)﻿(a) or section 92A(1)﻿(b) and (2)
2: The period that must be excluded from the provisions listed in section 88B
a: starting with the date of the request under section 92(1)
b: ending with the date on which the applicant provides the information.
3: Subsection (4)
a: a consent authority has requested an applicant, under section 92(1)
b: 1 of the following applies:
i: the applicant does not respond within the time limit specified in section 92A(1)
ii: the applicant responds under section 92A(1)﻿(b) section 92A(2)
iii: the applicant responds under section 92A(1)﻿(c)
4: The period that must be excluded from the provisions listed in section 88B
a: starting with the date of the request under section 92(1)
b: ending with—
i: the date on which the 15 working days end, for an applicant who does not respond within the time limit specified in section 92A(1)
ii: the date on which the time limit set under section 92A(2) section 92A(1)﻿(b)
iii: the date on which the applicant responds under section 92A(1)﻿(c) section 92A(1)﻿(c)
5: Subsection (6)
a: a consent authority has notified an applicant, under section 92(2)﻿(b)
b: the applicant agrees, under section 92B(1)
6: The period that must be excluded from the provisions listed in section 88B
a: starting with the date of the notification under section 92(2)﻿(b)
b: ending with the date on which the authority receives the report.
7: Subsection (8)
a: a consent authority has notified an applicant, under section 92(2)﻿(b)
b: the applicant does not agree, under section 92B(1)
8: The period that must be excluded from the provisions listed in section 88B
a: starting with the date of the notification under section 92(2)﻿(b)
b: ending with the earlier of the following:
i: the date on which the 15 working days end; and
ii: the date on which the authority receives the applicant's refusal, under section 92B(1)
9: Subsection (10) section 94
10: The period that must be excluded from the provisions listed in section 88B
11: Subsection (12) section 99A
12: The period that must be excluded from the provisions listed in section 88B
a: starting with the date of the reference; and
b: ending with the earlier of the following:
i: the date on which 1 of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
ii: the date on which the mediator reports the outcome of the mediation to the authority.
52: Further information may be required
1: Section 92 Further information, or agreement, may be requested
2: Section 92(1) require request
3: Section 92
2: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply:
a: the activity for which the resource consent is sought may, in the authority's opinion, have a significant adverse environmental effect; and
b: the applicant is notified before the authority commissions the report; and
c: the applicant does not refuse, under section 92B(1)
3: The consent authority must notify the applicant, in writing, of its reasons for—
a: requesting further information under subsection (1)
b: wanting to commission a report under subsection (2)
3A: The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—
a: the applicant refuses, under section 92A
b: the applicant refuses, under section 92B
4: Section 92(5) 357 and 357A(1) and 357C to
53: New sections 92A and 92B inserted
The principal Act is amended by inserting, after section 92
92A: Responses to request
1: An applicant who receives a request under section 92(1)
a: provide the information; or
b: tell the consent authority in a written notice that the applicant agrees to provide the information; or
c: tell the consent authority in a written notice that the applicant refuses to provide the information.
2: A consent authority that receives a written notice under subsection (1)﻿(b)
a: set a reasonable time within which the applicant must provide the information; and
b: tell the applicant in a written notice the date by which the applicant must provide the information.
3: The consent authority may decline the application if—
a: 1 of the following applies:
i: the applicant does not respond within the time limit specified in subsection (1)
ii: the applicant responds under subsection (1)﻿(b) subsection (2)
iii: the applicant responds under subsection (1)﻿(c)
b: the authority considers that it has insufficient information to enable it to determine the application.
4: If the applicant appeals to the Environment Court against the decision to decline the application, the Court must decide whether the authority had sufficient information to enable it to determine the application.
5: If the Court decides that the authority did not have sufficient information to enable it to determine the application, it must decline the appeal.
6: If the Court decides that the authority had sufficient information to enable it to determine the application, it must hear and decide the appeal.
92B: Responses to notification
1: An applicant who receives a notification under section 92(2)﻿(b)
2: The consent authority may decline the application if—
a: l of the following applies:
i: the applicant does not respond within the time limit specified in subsection (1)
ii: the consent authority receives a written notice refusing the applicant's agreement to the commissioning of the report; and
b: the authority considers that it has insufficient information to enable it to determine the application.
3: If the applicant appeals to the Environment Court against the decision to decline the application, the Court must decide whether the authority had sufficient information to enable it to determine the application.
4: If the Court decides that the authority did not have sufficient information to enable it to determine the application, it must decline the appeal.
5: If the Court decides that the authority had sufficient information to enable it to determine the application, it must hear and decide the appeal.
54: Forming opinion as to whether adverse effects are minor or more than minor
1: Section 94A(b) ; and
2: Section 94A
c: must disregard any effect on a person who has given written approval to the application.
55: Making of submissions
Section 96(3) or is neutral
56: Time limit for submissions
Section 97 under section 93 section 94(1)
57: Heading amended and new section 99 substituted
1: The principal Act is amended by adding, to the heading above section 99 and mediation
2: The principal Act is amended by repealing section 99
99: Pre-hearing meetings
1: A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following:
a: each other or one another; and
b: the authority; and
c: anyone else whose presence at the meeting the authority considers appropriate.
2: The authority may invite or require persons to attend a meeting—
a: either—
i: at the request of 1 or more of the persons; or
ii: on its own initiative; and
b: only for the purpose of—
i: clarifying a matter or issue; or
ii: facilitating resolution of a matter or issue.
3: The authority may require persons to attend a meeting only with the consent of the person who made the application.
4: A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—
a: the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and
b: all the persons at the meeting agree.
5: The chairperson of the meeting must, before the hearing, prepare a report that—
a: does not include anything communicated or made available at the meeting on a without prejudice basis; and
b: for the parties who attended the meeting,—
i: sets out the issues that were agreed; and
ii: sets out the issues that are outstanding; and
c: for all the parties,—
i: may set out the nature of the evidence that the parties are to call at the hearing; and
ii: may set out the order in which the parties are to call the evidence at the hearing; and
iii: may set out a proposed timetable for the hearing.
6: The chairperson of the meeting must, before the hearing, send the report to the authority and all the parties so that they have it at least 5 working days before the hearing.
7: The consent authority must have regard to the report in making its decision on the application.
8: If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—
a: to process the person's application; or
b: to consider the person's submission.
9: If the consent authority declines, under subsection (8)﻿(a)
a: the person may not appeal under section 120
b: the person may object under section 357A
10: If the consent authority declines, under subsection (8)﻿(b)
a: may not appeal under section 120
i: the decision to decline to consider the submission; or
ii: the decision on the application; and
b: may not become under section 274
c: may object under section 357A
58: New section 99A inserted
The principal Act is amended by inserting, after section 99
99A: Mediation
1: A consent authority may refer to mediation a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application.
2: The authority may exercise the power in subsection (1)
a: either—
i: at the request of 1 of the persons; or
ii: on its own initiative; and
b: only with the consent of all the persons being referred; and
c: only for the purpose of mediating between the persons on a matter or issue.
3: Mediation under this section must be conducted by—
a: a person to whom the authority delegates, under section 34A
b: a person whom the authority appoints to mediate, if the authority is the person who has made an application for a resource consent.
4: The person who conducts the mediation must report the outcome of the mediation to the consent authority.
59: Consideration of applications
Section 104
2A: When considering an application affected by section 124
60: Determination of applications for controlled activities
Section 104A
a: must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and
61: Implementation of regulations made under section 43
1: The heading of section 104F regulations made under section 43 national environmental standards
2: Section 104F
a: the words regulations are made under section 43 a national environmental standard is made
b: the word regulations standard
62: Decisions on applications to be in writing, etc
Section 113(1)
aa: the relevant statutory provisions that were considered by the consent authority; and
ab: any relevant provisions of the following that were considered by the consent authority:
i: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement:
iv: a proposed regional policy statement:
v: a plan:
vi: a proposed plan; and
ac: the principal issues that were in contention; and
ad: a summary of the evidence heard; and
ae: the main findings of fact; and
63: When resource consent commences
Section 116(1A) and (1AB) 357 357A
64: Application to carry out a restricted coastal activity
Section 117(1) as required by section 90
65: Right to appeal
Section 120(2) section 357 sections 357A, 357C, and 357D provides provide
66: New section 124 substituted
The principal Act is amended by repealing section 124
124: Exercise of resource consent while applying for new consent
1: Subsection (3)
a: a resource consent is due to expire; and
b: the holder of the consent applies for a new consent for the same activity; and
c: the application is made to the appropriate consent authority; and
d: the application is made at least 6 months before the expiry of the existing consent.
2: Subsection (3)
a: a resource consent is due to expire; and
b: the holder of the consent applies for a new consent for the same activity; and
c: the application is made to the appropriate consent authority; and
d: 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
e: the authority, in its discretion, allows the holder to continue to operate.
3: The holder may continue to operate under the existing consent until—
a: a new consent is granted and all appeals are determined; or
b: a new consent is declined and all appeals are determined.
67: New sections 124A to 124C inserted
The principal Act is amended by inserting, after section 124
124A: When sections 124B and 124C apply and when they do not apply
1: Sections 124B and 124C section 124
2: Sections 124B and 124C section 124
a: they apply if, when the application is made,—
i: the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
ii: the relevant plan does not expressly say that sections 124A to 124C
b: they apply to the extent to which the amount of the resource sought by a person described in section 124B(1)﻿(a) and (b)
i: is allocated to the same type of activity; and
ii: is left after the deduction of every amount allocated to every other existing resource consent.
3: Sections 124B and 124C section 124 sections 124A to 124C
124B: Applications by existing holders of resource consents
1: This section applies when—
a: a person holds an existing resource consent to undertake an activity under any of sections 12, 13, 14, and 15
b: the person makes an application affected by section 124
c: the consent authority receives 1 or more other applications for a resource consent that—
i: are to undertake an activity using some or all of the natural resource to which the existing consent relates; and
ii: could not be fully exercised until the expiry of the existing consent.
2: The application described in subsection (1)﻿(b) subsection (1)﻿(c)
3: The consent authority must determine the application described in subsection (1)﻿(b) subsection (1)﻿(c)
4: The consent authority must determine an application described in subsection (1)﻿(b)
a: the efficiency of the person's use of the resource; and
b: the use of industry good practice by the person; and
c: if the person has been served with an enforcement order not later cancelled under section 321 section 338
i: how many enforcement orders were served or convictions entered; and
ii: how serious the enforcement orders or convictions were; and
iii: how recently the enforcement orders were served or the convictions entered.
124C: Applications by persons who are not existing holders of resource consents
1: This section applies when—
a: a person makes an application for a resource consent to undertake an activity under any of sections 12, 13, 14, and 15
b: the person does not hold an existing consent for the same activity using some or all of the same natural resource; and
c: a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 124B(1)﻿(a)
d: the person makes the application more than 3 months before the expiry of the consent described in section 124B(1)﻿(a)
2: The consent authority must—
a: hold the application without processing it; and
b: notify the holder of the existing consent—
i: that the application has been received; and
ii: that the holder may make an application affected by section 124
3: If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 124 subsection (1)﻿(a)
4: If the holder of the existing consent does not make an application affected by section 124 subsection (1)﻿(a)
5: If the holder of the existing consent makes an application affected by section 124 subsection (1)﻿(a)
6: If the result of the determination of the holder's application and any appeal is that the holder's application affected by section 124 subsection (1)﻿(a) 2008-08-09 sections 124A, 124B, 124C
68: Lapsing of consents
Section 125(1A) 357 and 357A and 357C to
69: Cancellation of consent
Section 126(3) 357 and 357A and 357C to
70: Change or cancellation of consent condition on application by consent holder
Section 127
1: The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following:
a: the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221
b: no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent.
71: Circumstances when consent conditions can be reviewed
1: Section 128(1)﻿(ba) under section 43
2: Section 128
72: Notice of review
1: Section 129(1)﻿(d) ; and
2: Section 129(1)
e: must advise a consent holder by whom a charge is payable under section 36(1)﻿(cb)
i: of the fact that the charge is payable; and
ii: of the estimated amount of the charge.
73: New section 133A inserted
The principal Act is amended by inserting, after section 133
133A: Minor corrections of resource consents
A consent authority that grants a resource consent may, within 15 working days of the grant, issue an amended consent that corrects minor mistakes or defects in the consent.
74: Transferability of water permits
1: Section 136
2A: A transfer under subsection (1) or subsection (2)
2: Section 136(5) subsection (2)﻿(b)﻿(ii) and is not for a limited period,
75: New section 137 substituted
The principal Act is amended by repealing section 137
137: Transferability of discharge permits
1: The holder of a discharge permit may—
a: transfer part or all of the holder's interest in the permit; and
b: make the transfer for part or all of the remaining period of the permit.
2: The holder may make the transfer if it—
a: is for the site for which the permit is granted; and
b: is to—
i: another owner or occupier of the site for which the permit is granted; or
ii: a local authority.
3: The holder may make the transfer if it is for another site and is to any person, if a regional plan—
a: allows the transfer; or
b: allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.
4: A regional plan may allow a transfer or a consent authority may allow a transfer if—
a: the transfer does not worsen the actual or potential effect of any discharges on the environment; and
b: the transfer does not result in any discharges that contravene a national environmental standard; and
c: if the discharge is to water, both sites are in the same catchment; and
d: if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and
e: if the discharge is to air and paragraph (d)
5: An application under subsection (3)﻿(b)
a: must be in the prescribed form; and
b: must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and
c: must be considered under sections 88 to 115, 120, and 121
i: the application for a transfer were an application for a resource consent; and
ii: the holder were an applicant for a resource consent.
6: The transfer has no effect until the consent authority that granted the permit receives written notice of it.
7: When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—
a: the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
b: the interest, or the part of it transferred, is a new permit on the same conditions as the original permit.
76: New heading substituted
The principal Act is amended by repealing the heading above section 139 Certificates of compliance or existing use
77: Consent authorities to grant certificates of compliance
1: Section 139(6) 20(2) 20A(2)
2: Section 139
7: Sections 357A and 357C to 358
78: New section 139A inserted
The principal Act is amended by inserting, after section 139
139A: Consent authorities to issue existing use certificates
1: A person may request the consent authority to issue a certificate that—
a: describes a use of land in a particular location; and
b: states that the use of the land was a use of land allowed by section 10
c: specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.
2: A person may request the consent authority to issue a certificate that—
a: describes an activity to which section 10A or section 20A
b: states that the activity was an activity allowed by section 10A or section 20A
c: specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and
d: describes the period for which the activity is allowed under section 10A or section 20A
3: The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.
4: The consent authority must issue a certificate under subsection (1)
a: is satisfied that the use of the land is a use of land allowed by section 10
b: receives payment of the appropriate administrative charge.
5: The consent authority must issue a certificate under subsection (2)
a: is satisfied that the activity is an activity allowed by section 10A or section 20A
b: receives payment of the appropriate administrative charge.
6: A consent authority that must issue a certificate must do so within 20 working days after the latest of the following dates:
a: the date on which the authority receives the request; and
b: the date on which the authority receives all the information required under subsection (3)
c: the date on which the authority receives the payment of the appropriate administrative charge.
7: Subsection (8)
8: The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.
9: An existing use certificate is treated as an appropriate resource consent. The provisions of this Act apply to the certificate, except for sections 87AA to 119 and 123 to 150
10: Sections 357A and 357C to 358
79: New heading and new sections 140 to 141C substituted
The principal Act is amended by repealing the heading above section 140 140 141 Decisions on proposals of national significance
140: Meaning of applicant, local authority, and matter in sections 141 to 150AA
In sections 141 to 150AA
a: applicant
i: an applicant for a resource consent; or
ii: a person who has requested a local authority to make a change to a plan under Schedule 1
iii: a person who has requested a local authority to prepare a regional plan under Schedule 1
iv: a requiring authority; or
v: a heritage protection authority:
b: local authority
i: a local authority, for an application for a resource consent; or
ii: a local authority, for a request for a change to be made to a plan; or
iii: a regional council, for a request for the preparation of a regional plan; or
iv: a territorial authority, for a notice of requirement:
c: matter
i: an application for a resource consent; or
ii: a request for a change to be made to a plan under Schedule 1
iii: a request for the preparation of a regional plan under Schedule 1
iv: a notice of requirement under any of sections 168, 168A, 189, and 189A
141: Application of sections 141A to 150AA to coastal marine areas
1: If a matter relates wholly to a coastal marine area, sections 141A to 150AA
a: references to the Minister must be read as references to the Minister of Conservation; and
b: references in sections 148 and 149
c: sections 148(3)﻿(e) and (f) and 149(3)﻿(e) and (f) the Minister of Conservation
d: section 119(1)﻿(a), (2), (6), and (7) section 149 section 119(1)﻿(a) a recommendation on an application for a coastal permit for a restricted coastal activity or an application for a coastal permit for an activity that is not a restricted coastal activity
2: If a matter relates partly to a coastal marine area, sections 141A to 150AA
a: references to the Minister must be read as references to the Minister for the Environment and the Minister of Conservation; and
b: sections 148(3)﻿(e) and (f) and 149(3)﻿(e) and (f) the Minister for the Environment and the Minister of Conservation
141A: Minister's power to intervene
1: This section applies when the Minister—
a: receives a request to intervene on a matter from—
i: 1 or more applicants; or
ii: a local authority required to process and decide a matter; or
b: decides to apply the section.
2: The Minister—
a: must have regard to the factors described in subsection (3)
b: may exercise 1 or more of the powers described in subsection (4)
3: The factors are—
a: the extent to which a matter is or is part of a proposal of national significance under section 141B(2)
b: whether the local authorities that would process and decide the matter if the Minister did not call it in—
i: have the capacity to process and decide it; and
ii: consider that the exercise of any of the powers in subsection (4)
4: The powers are—
a: to decide not to intervene:
b: to call in the matter under section 141B
c: to make a submission on the matter for the Crown:
d: to appoint a project co-ordinator for a matter to advise the consent authority on anything relating to the matter:
e: if the matter involves more than 1 consent authority, to direct the consent authorities to hold a joint hearing on the matter:
f: if a consent authority appoints 1 or more hearings commissioners for a matter, to appoint 1 additional hearings commissioner for the matter.
5: If the Minister gives a direction under subsection (4)﻿(e)
a: the consent authorities to which it is given must hold the joint hearing; and
b: section 102
6: If the Minister appoints a hearings commissioner under subsection (4)﻿(f)
141B: Minister's power to call in matters that are or are part of proposals of national significance
1: When the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making 1 of the following directions:
a: a direction that the matter be referred for decision to a board of inquiry under sections 146 to 149
b: a direction that the matter, after the receipt of any submissions that the local authority or the Minister called for, be referred for decision to the Environment Court under section 150AA
2: In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter—
a: has aroused widespread public concern or interest regarding its actual or likely effect on the environment, including the global environment; or
b: involves or is likely to involve significant use of natural and physical resources; or
c: affects or is likely to affect any structure, feature, place, or area of national significance; or
d: affects or is likely to affect more than one region or district; or
e: affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or
f: involves or is likely to involve technology, processes, or methods which are new to New Zealand and which may affect the environment; or
g: results or is likely to result in or contribute to significant or irreversible changes to the environment, including the global environment; or
h: is or is likely to be significant in terms of section 8
141C: Form and effect of Minister's direction
A direction by the Minister under section 141B(1)
a: be in writing signed by the Minister; and
b: state the reasons for calling the matter in; and
c: be served on the local authority that would have been required to process and decide the matter if the Minister had not made the direction; and
d: be served,—
i: if the matter has not yet come before the local authority, as soon as practicable after the direction is made:
ii: if the matter has come before the local authority and no hearing is to be held on it, before the authority notifies its decision or recommendation on the matter:
iii: if the matter has come before the local authority and a hearing is to be held on it, at least 5 working days before the date fixed for the commencement of the hearing.
80: New sections 142 to 147 substituted
The principal Act is amended by repealing sections 142 to 147
142: Minister may determine not to proceed
1: Even though a direction has been served under section 141C section 91
2: When the Minister makes such a determination, he or she must notify the local authority and the applicant of it without delay.
143: Local authority's obligations
When a direction has been served under section 141C
a: provide the Minister with—
i: all matters to which the direction relates; and
ii: all information and submissions received by the local authority that relate to the matters; and
b: serve a copy of the direction on—
i: every person who is promoting the proposal; or
ii: every applicant; and
c: give notice of the direction to—
i: each owner and occupier (other than an applicant) of any land to which a matter relates; and
ii: each owner or occupier of any land adjoining any land to which a matter relates; and
iii: every person who has made a submission on a matter to which the direction relates.
144: Minister to notify direction
1: The Minister must give public notice of a direction under section 141C
2: Every notice for the purposes of this section must—
a: state the reasons for calling the matter in; and
b: describe the matters to which the direction applies; and
c: state where the matters, their accompanying information, and any further information may be viewed; and
d: state that submissions on the matters may be made by any person to the Minister; and
e: state the closing date for the receipt of submissions; and
f: state the address for service of the Minister and each applicant.
145: Minister to receive submissions
1: Any person may make a submission to the Minister about any matter to which a direction under section 141C
2: Sections 96(2), (3), and (4) and 98 subsection (1)
3: Every submission on a matter made to a local authority is deemed to have been made to the Minister.
4: The closing date for serving submissions on the Minister is 20 working days after notification of the direction under section 144
146: Minister to appoint board of inquiry
1: This section applies if the Minister makes a direction under section 141B(1)﻿(a)
2: As soon as is reasonably practicable after receiving a matter from a local authority under section 143
3: The Minister must—
a: appoint no fewer than 3, and no more than 5, members to the board; and
b: appoint 1 of the members as chairperson.
4: In appointing members, the Minister must have regard to the need for the board to have available to it, from its members, knowledge, skill, and experience relating to—
a: this Act; and
b: matters relevant to the specific matters that are likely to come before the board; and
c: tikanga Maori.
5: The Minister must appoint a current, former, or retired Environment Judge as the chairperson.
147: Conduct of inquiry
1: The Minister must, without delay, provide a board of inquiry appointed under section 146
a: all matters received by the Minister; and
b: all submissions on the matters received by the Minister; and
c: all other information received by the Minister and relevant to the inquiry.
2: Section 101(1) to (3) subsections (3) and (4)
3: Section 101(1) to (3)
a: a board of inquiry were a consent authority; and
b: the conduct of an inquiry were the hearing of an application for a resource consent; and
c: the closing date for submissions on the matter called in were the closing date for submissions on an application for a resource consent.
4: Section 101(1) to (3)
a: every inquiry must be held in public at a place near to the area to which the matter relates; and
b: the factors to which the board of inquiry must have regard include—
i: any relevant factor under section 141B(2)
ii: the reasons stated under section 141C(b)
5: A board of inquiry considering a matter that is an application for a resource consent—
a: has the same powers and duties as a local authority, except that the board—
i: may permit cross-examination; and
ii: must keep a full record of its hearings; and
b: must apply sections 37, 92, and 104 to 112
6: A board of inquiry considering a matter that is a request for a change to be made to a regional plan or preparation of a regional plan under Schedule 1
a: has the same powers as a local authority under Part 2 of Schedule 1
i: clauses 27 and 29(6) to (8)
ii: the board may permit cross-examination; and
iii: the board must keep a full record of its hearings; and
b: must apply sections 37 and 66 to 70B
7: A board of inquiry considering a matter that is a change to a district plan under Schedule 1
a: has the same powers as a local authority under Part 2 of Schedule 1
i: clauses 27 and 29(6) to (8)
ii: the board may permit cross-examination; and
iii: the board must keep a full record of its hearings; and
b: must apply sections 37 and 74 to 77D
8: A board of inquiry considering a matter that is a notice of requirement under any of sections 168, 168A, 189, and 189A
a: has the same powers as a territorial authority, except that the board—
i: may permit cross-examination; and
ii: must keep a full record of its hearings; and
b: must apply sections 37, 169 to 171, and 175
c: must apply section 173 section 149A
d: must consider whether to confirm the requirement, modify it, impose conditions on it, or withdraw it; and
e: for the purposes of paragraph (d)
i: a requiring authority under section 172
ii: a heritage protection authority under section 192
81: New sections 148 to 149B inserted
The principal Act is amended by repealing sections 148 149
148: Board to produce draft report
1: As soon as practicable after a board of inquiry has completed an inquiry under section 147
a: make its draft decision; and
b: produce a draft written report.
2: The draft report—
a: must state the board's draft decision; and
b: must give reasons for the decision; and
c: must include the principal issues; and
d: must include the findings of fact; and
e: may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement in addition to any changes that may result from the implementation of the draft decision; and
f: may recommend that a national policy statement or a New Zealand coastal policy statement be issued or revoked, in addition to any action that may result from the implementation of the draft decision.
3: The board must send a copy of the draft report to—
a: the applicants to whom the report relates; and
b: the local authority that received the matter; and
c: any other relevant local authorities; and
d: the persons who made submissions; and
e: the Minister of Conservation, if the report relates to the functions of the Minister; and
f: the Minister.
4: The board must invite the persons to whom the draft report is sent to send their comments on any aspect of it to the board within 20 working days of the date of the invitation.
149: Board to produce final report
1: As soon as practicable after the 20 working days referred to in section 148(4)
a: consider any comments received; and
b: make its decision; and
c: produce a written report.
2: The report—
a: must state the board's decision; and
b: must give reasons for the decision; and
c: must include the principal issues; and
d: must include the findings of fact; and
e: may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement in addition to any changes that may result from the implementation of the decision; and
f: may recommend that a national policy statement or a New Zealand coastal policy statement be issued or revoked, in addition to any action that may result from the implementation of the decision.
3: The board must send a copy of the report to—
a: the applicants to whom the report relates; and
b: the local authority that received the matter; and
c: any other relevant local authorities; and
d: the persons who made submissions; and
e: the Minister of Conservation, if the report relates to the functions of the Minister; and
f: the Minister.
4: The board must—
a: publish the report; and
b: give public notice of where and how copies of it can be obtained.
5: If the board decides that a plan must be changed, the relevant local authority must deal with the decision under clause 16 of Schedule 1
149A: Appeals on questions of law
1: A person described in section 149(3) section 149(1)
2: Sections 300 to 308
a: every reference in the sections to the Environment Court must be read as a reference to the board; and
b: the sections must be read with any other necessary modifications; and
c: the High Court Rules apply if a procedural matter is not dealt with in the sections.
149B: Costs of process
1: The Fees and Travelling Allowances Act 1951 section 146
a: the board is a statutory board within the meaning of the Act; and
b: a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs:
i: remuneration by way of fees, salary, or allowances under the Act; and
ii: travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and
c: the Act applies to payments under paragraph (b)
2: A local authority may recover from an applicant the actual and reasonable costs incurred by the authority in complying with section 143
3: The Minister may recover from an applicant the actual and reasonable costs incurred by the Minister in exercising the Minister's powers under sections 140 to 150
4: The Minister may recover from an applicant the actual and reasonable costs incurred by a board of inquiry in exercising its powers under sections 147 to 149
5: Section 36(3A) and (4) subsections (2) to (4) subsections (3) and (4)
6: A person may object under section 357B subsections (2) to (4)
82: New section 150 substituted
The principal Act is amended by repealing section 150
150: Residual powers of authorities
1: Subsection (2) section 141C
2: The consent authority—
a: has the powers in sections 127 to 132
i: must not exercise any of them without first obtaining the written consent of the Minister; and
ii: must comply with any conditions imposed by the Minister on their exercise; and
b: has all other functions, duties, and powers in relation to the consent as if it had granted the consent itself.
3: Subsection (4) section 141C
a: a request for a change to be made to a plan under Schedule 1
b: a request for the preparation of a regional plan under Schedule 1
c: a notice of requirement under any of sections 168, 168A, 169, and 189A
4: The local authority has all other functions, duties, and powers in relation to the request or requirement as if it had decided the request or requirement itself.
83: New section 150AA inserted
The principal Act is amended by inserting, after section 150
150AA: Reference to Environment Court
1: This section applies if the Minister makes a direction under section 141B(1)﻿(b)
2: The matter is referred to the Environment Court by the applicant lodging a notice of motion and an affidavit under section 291(1)
3: The applicant must—
a: serve the notice of motion and the affidavit on—
i: the local authority; and
ii: every person who made a submission on the matter; and
b: serve the documents as soon as reasonably practicable after lodging them; and
c: tell the Registrar when the documents have been served.
4: Section 291(3) and (4)
5: The Minister must supply to the Court the documents provided to the Minister under section 143(a)
6: The Court must—
a: consider the documents supplied to it under subsection (5)
b: have regard to the Minister's reasons for calling the matter in under section 141B
c: have regard to the things to which a local authority would have regard if it were deciding the matter.
84: Publication, etc, of Order in Council
Section 154(b)﻿(iv) authorities and tribal runanga
85: Plan may specify allocation methods
Section 165H provide for a rule in relation to
86: Preferential rights of iwi
Section 165R(2)
e: section 118 of the Ngati Awa Claims Settlement Act 2005
87: Excluded areas
Section 165W(2) clause 3 of Schedule 1 clauses 3 to 3B of Schedule 1
88: Invitation to request change to regional coastal plan or proposed regional coastal plan
Section 165Z subsection (1)
1A: A regional council may give an invitation under subsection (1)
a: the council has complied under section 165W clauses 3 to 3B of Schedule 1
b: the council has decided whether or not 1 or more excluded areas should be identified in the part of the coastal marine area covered by the invitation; and
c: if the council has decided that 1 or more excluded areas should be identified, it has identified the areas.
89: Further information, public notification, submissions, and hearing
Section 169(1) , 95 to 103, and 115 , 92A, 92B, and 95 to 103
90: Lapsing of designations which have not been given effect to
Section 184
3: A requiring authority may object, under section 357 subsection (1)
91: Further information, public notification, submissions, and hearing
Section 190(1) 92, 92A, 92B,
92: Territorial authority to issue a consent notice
1: Section 221
3: At any time after the deposit of the survey plan,—
a: the owner may apply to a territorial authority to vary or cancel any condition specified in a consent notice:
b: the territorial authority may review any condition specified in a consent notice and vary or cancel the condition.
3A: Sections 88 to 121 and 127(4) to 132 subsection (3)
2: Section 221(5) by any agreement after an application or review
93: Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
Section 237A(2) (1)﻿(b)﻿(i) (1)﻿(b)
94: Transfers to the Crown or regional council
Section 237D(1) by the Minister of Conservation or the regional council, as the case may be,
95: New section 251A inserted
The principal Act is amended by inserting, after section 251
251A: Appointment of acting Principal Environment Judge
1: This section applies if—
a: the Principal Environment Judge is unable to exercise the duties of office because of illness or absence from New Zealand, or for any other reason; or
b: the office of Principal Environment Judge is vacant.
2: The Governor-General may appoint another Environment Judge to act in place of the Principal Environment Judge until the Principal Environment Judge resumes the duties of that office or a successor is appointed, as the case may be.
3: While acting in place of the Principal Environment Judge, the acting Principal Environment Judge—
a: may perform the functions and duties of the Principal Environment Judge; and
b: may for that purpose exercise all the powers of the Principal Environment Judge.
96: Registrar and other officers
1: Section 260(1)
aa: may have 1 or more Deputy Registrars; and
2: Section 260(2) Registrar , a Deputy Registrar,
3: Section 260
2A: A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar subject to the control of the Registrar.
97: Protection from legal proceedings
Section 261
3: No action lies against the Registrar for anything the Registrar says or does, or omits to say or do, while acting in good faith under section 278(3), section 281(5), or section 281A
98: Additional dispute resolution
The heading to section 268 Additional Alternative
99: Representation at proceedings
Section 274
4: A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsections (4A)
4A: Evidence must not be called under subsection (4)
4B: However, in the case of a person described in subsection (1)﻿(e)
a: within the scope of the appeal, inquiry, or other proceeding; and
b: on matters arising out of that person's submissions in the previous related proceedings or on any matter on which that person could have appealed.
100: Evidence
Section 276
1A: The Court may, whether or not the parties consent,—
a: accept evidence that was presented at a hearing held by the consent authority under section 39
b: direct how evidence is to be given to the Court.
101: Environment Court has powers of District Court
1: Section 278(1) , including, without limitation, the power to commission a report from an independent expert on any matter raised in an appeal, as provided for by rules 342 to 348 of the District Courts Rules 1992
2: Section 278
1A: Despite rule 346 of the District Courts Rules 1992 subsection (1)
3: Section 278
3: If the Registrar is directed to do so by an Environment Judge, the Registrar may act on behalf of the Environment Court or an Environment Judge in doing any act preliminary or incidental to any proceedings, including—
a: the issuing of summonses requiring the attendance of witnesses; and
b: the making of an order for the production of documents; and
c: the convening of a conference under section 267
4: An order made by the Registrar under subsection (3) section 281
5: The Registrar may take a statutory declaration or an affidavit.
102: Powers of Environment Commissioner sitting without Environment Judge
Section 280
1: An Environment Commissioner or Environment Commissioners sitting without an Environment Judge may exercise such powers as may be conferred by the Principal Environment Judge either generally or in relation to a particular matter, and on such terms and conditions as the Principal Environment Judge may think fit, including a power to—
a: issue summonses requiring the attendance of witnesses; and
b: convene a conference under section 267
1A: An order made by an Environment Commissioner under subsection (1)
1B: An Environment Commissioner may take a declaration or an affidavit.
103: Waivers and directions
Section 281
5: A Registrar may exercise a power in this section if conferred by the Principal Environment Judge either generally or in relation to a specific matter and, in either case, on such terms and conditions as the Principal Environment Judge thinks fit.
104: New sections 281A and 281B inserted
The principal Act is amended by inserting, after section 281
281A: Registrar may waive, reduce, or postpone payment of fee
1: The Registrar may waive, reduce, or postpone the payment to the Court of any fee prescribed by regulations made under this Act.
2: The powers in subsection (1)
a: the person responsible for paying the fee is unable to pay the fee in whole or in part; or
b: in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised.
281B: Review of exercise of power by Registrar
1: A person directly affected by the exercise of a power by a Registrar may apply to an Environment Judge to reconsider the matter.
2: The application must be by notice to the Registrar and other persons affected, within 5 working days after the Registrar's determination or action.
3: The Environment Judge may confirm, modify, or reverse the decision of the Registrar.
105: Reference of questions of law to High Court
1: Section 287(2) of the High Court at Wellington at the appropriate registry of the High Court
2: Section 287(4) of the High Court at Wellington at the appropriate registry of the High Court
3: Section 287
5: For the purposes of this section, the appropriate registry of the High Court is the office of the High Court nearest to the place where the appeal, inquiry, or other proceedings was or is being conducted.
106: New section 290A inserted
The principal Act is amended by inserting, after section 290
290A: Environment Court to have regard to decision that is subject of appeal or inquiry
In determining an appeal or inquiry, the Environment Court must have regard to the decision that is the subject of the appeal or inquiry.
107: New section 293 substituted
The principal Act is amended by repealing section 293
293: Environment Court may order change to policy statements and plans
1: After hearing an appeal against, or an inquiry into, the provisions of any policy statement or plan that is before the Environment Court, the Court may direct the local authority to—
a: prepare changes to the policy statement or plan to address any matters identified by the Court:
b: consult the parties and other persons that the Court directs about the changes:
c: submit the changes to the Court for confirmation.
2: The Court—
a: must state its reasons for giving a direction under subsection (1)
b: may give directions under subsection (1)
3: Subsection (4)
a: a national policy statement:
b: the New Zealand coastal policy statement:
c: a relevant regional policy statement:
d: a relevant regional plan:
e: a water conservation order.
4: The Environment Court may allow a departure to remain if it considers that it is of minor significance and does not affect the general intent and purpose of the policy statement or plan.
5: In subsections (3) and (4) departs departure
a: does not give effect to a national policy statement, the New Zealand coastal policy statement, or a relevant regional policy statement; or
b: is inconsistent with a relevant regional plan or water conservation order.
108: No review of decisions unless right of appeal or reference to inquiry exercised
Section 108 repealed 24 October 2019 section 132 Statutes Amendment Act 2019
109: Notice of appeal
1: Section 300(2) at Wellington
2: Section 300(6) at Wellington
110: Right to appear and be heard on appeal
Section 301(1)﻿(b) at Wellington
111: Parties to the appeal before the High Court
Section 302(2)﻿(a) at Wellington
112: Orders of the High Court
Section 303(1) at Wellington
113: Additional appeals on points of law
Section 305(1) at Wellington
114: Date of hearing
Section 307 at Wellington
115: Scope and effect of declaration
1: Section 310
b: whether, contrary to section 62(3)
i: does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement or New Zealand coastal policy statement; or
ii: is, or is likely to be, inconsistent with a water conservation order; or
ba: whether a provision or proposed provision of a regional plan,—
i: contrary to section 67(3)
ii: contrary to section 67(4) section 186E of the Fisheries Act 1996
bb: whether a provision or proposed provision of a district plan,—
i: contrary to section 75(3)
ii: contrary to section 75(4) section 30(1)
2:
3:
4: Section 115(2) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 115(3) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 115(4) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017
116: Notification of application
1: Section 312(1) on the Minister and
2: Section 140 Resource Management Amendment Act 1993
117: Decision on application
Section 117 repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017
118: Cancellation of abatement notice
Section 325A(7) ; but nothing in section 325(3) section 325(2)
119: Meaning of excessive noise
Section 326(2)﻿(a) regulations made under section 43 a national environmental standard
120: Emergency works and power to take preventive or remedial action
1: Section 330
1A: Subsection (1)
2: Section 330
2A: Sections 9, 12, 13, 14, and 15 subsection (2)
121: Resource consents for emergency works
1: Section 330A(1)
a: by omitting the expression 330(1) 330
b: by inserting, after the word person (other than the occupier)
2: Section 330A(2)
a: by omitting the expression 330(1) 330
b: by inserting, after the word person (other than the occupier)
122: Mode of service of summons on master or owner of ship
1: Section 352A
1: If the master or owner of a ship is a defendant in a prosecution for an offence against section 338 sections 15A, 15B, or 15C Summary Proceedings Act 1957
a: if it is 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: if it is 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 the agent's place of business.
1A: Subsection (1)
2: Section 352A(2) A District Court However,
3: Section 352A
4: In this section,— District Court Judge District Courts Act 1947 Justice section 2 of the Justice of the Peace Act 1957 Registrar section 2(1) of the Summary Proceedings Act 1957
123: Matters may be determined by arbitration
Section 356(2)﻿(b) section 140 section 141C
124: Objections to certain decisions and requirements of consent authorities
The principal Act is amended by repealing section 357 Rights of objection
357: Right of objection to local authorities against certain decisions
1: There is a right of objection to the relevant local authority for a person who has made an application or given notice, as the case may be,—
a: to a territorial authority under section 10(2)
b: to a local authority under section 88(1) section 88(3)
c: to a territorial authority under section 182(1)
d: to a territorial authority under section 184(1)
2: A submitter whose submission is struck out under section 41C(7)
3: A person has a right of objection to a regional council in respect of a public notice given by the council under section 369(11)
357A: Right of objection to consent authority against certain decisions or requirements
1: There is a right of objection to a consent authority,—
a: in respect of a decision of that authority, for any person who has made an application under—
i: section 124(2)
ii: section 125(1)﻿(b)
iii: section 126(2)﻿(b)
iv: section 139
v: section 139A
b: in respect of a request to provide further information, for a person who has been so requested by a consent authority under section 92(1)
c: in respect of a request to consent to the commissioning of a report, for a person who has been so requested under section 92(2)﻿(b)
d: in respect of an application or a submission that a consent authority declines to process or to consider, as provided for by section 99(8)
e: in respect of a consent authority's decision on an application or review of a kind referred to in subsection (2)
i: the application or review was not notified or notice of the application or review was not served (in accordance with section 93, section 94, section 127(3), or section 130
ii: the application or review was notified or served and—
A: no submissions were received; or
B: any submissions received were withdrawn.
2: Unless subsection (3) subsection (1)﻿(e)
a: an application made under section 88
b: an application made under section 127
c: a review of the conditions of a resource consent under sections 128 to 132
d: an application made under section 221
3: Subsection (2) section 88 sections 104B and 104C section 34A
357B: Right of objection in relation to imposition of additional charges or recovery of costs
There is a right of objection,—
a: for a person required by a local authority to pay an additional charge under section 36(3) section 149B(2)
b: for a person required by the Minister to pay costs under section 149B(3) or (4)
357C: Procedure for making and hearing objection under sections 357 to 357B
1: An objection under section 357 or section 357A or section 357B
2: A notice of objection must set out the reasons for the objection.
3: In the case of an objection made under section 357 or section 357A
a: consider the objection within 20 working days; and
b: give at least 5 working days' written notice to the objector of the date, time, and place for a hearing of the objection.
4: In the case of an objection made under section 357B
a: consider the objection as soon as reasonably practicable; and
b: give at least 5 working days' written notice to the objector of the date, time, and place for a hearing of the objection.
357D: Decision on objections made under sections 357 to 357B
1: The consent authority or local authority may—
a: dismiss the objection; or
b: uphold the objection in whole or in part; or
c: in the case of an objection under section 357B(a) section 36(3)
2: The consent authority or local authority must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the local authority considers appropriate, notice in writing of its decision on the objection and the reasons for it.
3: In the case of an objection made under section 357A(1)﻿(e)
125: Appeals against certain decisions or objections
1: Section 358(1) 357 or section 357A or section 357B
2: Section 358(2) 357(7)﻿(c) 357D(2)
126: Provisions deemed to be regional rules
Section 369(13) and to
127: Regulations
Section 360(1)
hi: prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in sections 41B and 41C
128: Transitional provisions for public utilities
Section 375(1)﻿(a)
iv: lines as defined by section 5 of the Telecommunications Act 2001
129: Schedules 1 and 4 amended
1: Schedule 1 Schedule 1
2: Schedule 4 clause 1(h)
h: identification of the persons affected by the proposal, the consultation undertaken, if any, and any response to the views of any person consulted:
3: Schedule 4 clause 1
1AA: To avoid doubt, clause 1(h)
a: oblige the applicant to consult with any person; or
b: create any ground for expecting that the applicant will consult with any person.
4: Section 94(b) Resource Management Amendment Act 2003
130: New Schedule 1AA inserted
The principal Act is amended by inserting, after Schedule 1 Schedule 2
131: Transitional provisions relating to provisions of principal Act
1: The amendments made by this Act do not apply to—
a: a policy statement, plan, change, or variation that, on or before the commencement of this Act, has been publicly notified but has not proceeded to the stage at which no further appeal is possible; or
b: an application for a resource consent or any other matter in relation to a resource consent that, on or before the commencement of this Act, has been made but has not proceeded to the stage at which no further appeal is possible; or
c: a requirement for a designation or heritage order for which, at the commencement of this Act, notice has been given under sections 168 168A 189 189A
2: Subsection (1) applies subject to subsections (3) to (9).
3: Section 39B(1) to (4)
4: Sections 67(1), (2), (3)﻿(a) and (b), (4), and (6) 75(1), (2), (3)﻿(a) and (b), (4), and (5) sections 41 46
5: If, at the commencement of this Act, a hearing has not commenced, the following provisions apply to an application for a resource consent made before the commencement of this Act:
a: section 99
b: section 99A
6: The following provisions of the principal Act apply to the matters described in section 140(c)
a: the amendment to section 29
b: sections 140 141
c: sections 141B 141C
d: sections 142 to 149
e: sections 149A 149B
f: section 150
g: section 150AA
7: Clause 8AA
8: The amendments to clause 17
9: Clause 20A
10: Any material incorporated into a plan by reference before the commencement of this Act is treated as if it had been incorporated under clause 30 clauses 31 to 35
132: Transitional provisions relating to Resource Management (Waitaki Catchment) Amendment Act 2004
1: The amendments made by this Act do not apply to a regional plan developed and approved under Part 3 Resource Management (Waitaki Catchment) Amendment Act 2004
2: Any material incorporated by reference into a regional plan developed and approved under Part 3 Resource Management (Waitaki Catchment) Amendment Act 2004 clause 30 clauses 31 to 35
3: The amendments made to the principal Act by this Act apply, as far as they are relevant, to an application for a resource consent or to a notice of a requirement to which Part 4 Resource Management (Waitaki Catchment) Amendment Act 2004
4: However, if a provision of Part 4 Resource Management (Waitaki Catchment) Amendment Act 2004 Part 4 Resource Management (Waitaki Catchment) Amendment Act 2004
133: Transitional provision for service of notice
1: Subsection (2) applies—
a: to plans or proposed plans existing on 1 August 2003; and
b: until those plans are reviewed.
2: Despite section 94(1)
a: that such an application does not need to be notified; or
b: that notice of such an application does not need to be served.
134: Transitional provision on allocation plans
The enactment of section 30(1)﻿(fa) and (fb) and (4)
135: Transitional provisions relating to regulations made under provisions of principal Act
1: Sections 43B 43D 43E section 29
2: Regulations made under section 360(1)﻿(hi) sections 41B 41C