Resource Management Amendment Act 2003

1: Title
1: This Act is the Resource Management Amendment Act 2003
2: In this Act, the Resource Management Act 1991 the principal Act
2: Commencement
1: Sections 18 to 23
2: The rest of this Act comes into force on 1 August 2003.
1: Amendments to principal Act
I: Interpretation and application
3: Interpretation
1: Section 2(1) best practicable option biological diversity
2: Section 2(1) board of inquiry 46 47
3: Section 2(1) contaminant gases, odorous compounds,
4: Section 2(1) controlled activity controlled activity section 77B(2)
5: Section 2(1) discretionary activity discretionary activity section 77B(4)
6: Section 2(1) district rule section 76 sections 76 and 77A
7: Section 2(1) historic heritage
a: means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities:
i: archaeological:
ii: architectural:
iii: cultural:
iv: historic:
v: scientific:
vi: technological; and
b: includes—
i: historic sites, structures, places, and areas; and
ii: archaeological sites; and
iii: sites of significance to Maori, including wahi tapu; and
iv: surroundings associated with the natural and physical resources.
8: Section 2(1) non-complying activity non-complying activity section 77B(5) notice of decision
a: a copy of a decision on—
i: an application for a resource consent; or
ii: a requirement for a designation; or
iii: a provision of a policy statement or plan; or
b: a notice summarising a decision under paragraph (a)
9: Section 2(1) permitted activity permitted activity section 77B(1)
10: Section 2(1) prohibited activity section 778(7)
11: Section 2(1) public notice public notice
12: Section 2(1) regional rule and section 77A
13: Section 2(1) restricted coastal activity restricted discretionary activity section 77B(3)
14: Section 2(1) ship soil conservation
15: Section 2(1) working day working day
a: a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
b: a day in the period beginning on 20 December in any year and ending with 10 January in the following year.
2: Purpose and principles
4: Matters of national importance
Section 6
f: the protection of historic heritage from inappropriate subdivision, use, and development.
5: Other matters
Section 7 paragraph (e)
3: Duties and restrictions under this Act
6: Restrictions on use of coastal marine area
Section 12(l) paragraph (f) ; or
g: destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage— .
7: Duty to avoid, remedy, or mitigate adverse effects
Section 17(1) resource consent, a designation,
8: New
sections 19 to 20A The principal Act is amended by repealing sections 19 to 20A
19: Certain rules in proposed plans to be operative
1: A rule in a proposed plan is to be treated as if it is operative and any previous rule is inoperative if the time for making submissions or lodging appeals on the rule has expired and—
a: no submissions in opposition have been made or appeals have been lodged; or
b: all submissions in opposition and appeals have been determined; or
c: all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.
2: Every reference in this Act or in regulations to a plan or an operative plan is to be treated as including a rule in a proposed plan that is operative in accordance with subsection (1)
20: Certain rules in proposed plans not to have effect
1: A local authority may, before publicly notifying a proposed plan, resolve that any rule in the plan does not have effect until the plan becomes operative.
2: Public notification of the plan must include the resolution.
3: If the resolution is rescinded, the local authority must, as soon as possible, publicly notify—
a: the rescission; and
b: the resolution to which it relates; and
c: the date of the rescission.
4: A rule to which a rescinded resolution relates has effect as a rule in the plan for all purposes on and from the day after the date on which the rescission is publicly notified.
5: A reference in this Act (except in Schedule 1
a: the rule is subject to a resolution under subsection (1)
b: the resolution has not been rescinded.
20A: Certain existing lawful activities allowed
1: If, as a result of a rule in a proposed regional plan being notified, an activity requires a resource consent, the activity may continue until the rule becomes operative if,—
a: before the rule was notified, the activity—
i: was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and
ii: was lawfully established; and
b: the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule was notified; and
c: the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule was notified.
2: If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,—
a: before the rule became operative, the activity—
i: was a permitted activity or allowed to continue under subsection (1)
ii: was lawfully established; and
b: the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and
c: the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined.
4: Functions, powers, and duties of central and local government
9: Functions of regional councils under this Act
1: Section 30(1)(c) subparagraph (iii)
iiia: the maintenance and enhancement of ecosystems in water bodies and coastal water:
2: Section 30(1) paragraph (g)
ga: the establishment, implementation, and review of objectives, policies, and methods for maintaining indigenous biological diversity:
10: Functions of territorial authorities under this Act
1: Section 31 paragraphs (b) (c)
b: the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—
i: the avoidance or mitigation of natural hazards; and
ii: the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and
iii: the maintenance of indigenous biological diversity:
2: Section 31 subsection (2)
2: The methods used to carry out any functions under subsection (1)
11: New
sections 32 32A The principal Act is amended by repealing section 32
32: Consideration of alternatives, benefits, and costs
1: In achieving the purpose of this Act, before a proposed plan, proposed policy statement, change, or variation is publicly notified, a national policy statement or New Zealand coastal policy statement is notified under section 48
a: the Minister, for a national policy statement or regulations made under section 43
b: the Minister of Conservation, for the New Zealand coastal policy statement; or
c: the local authority, for a policy statement or a plan (except for plan changes that have been requested and the request accepted under clause 25(2)(b) of Part 2 of Schedule 1
d: the person who made the request, for plan changes that have been requested and the request accepted under clause 25(2)(b) of Part 2 of the Schedule 1
2: A further evaluation must also be made by—
a: a local authority before making a decision under clause 10 or clause 29(4) of the Schedule 1
b: the relevant Minister before issuing a national policy statement or New Zealand coastal policy statement.
3: An evaluation must examine—
a: the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and
b: whether, having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives.
4: For the purposes of this examination, an evaluation must take into account—
a: the benefits and costs of policies, rules, or other methods; and
b: the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules, or other methods.
5: The person required to carry out an evaluation under subsection (1)
6: The report must be available for public inspection at the same time as the document to which the report relates is publicly notified or the regulation is made.
32A: Failure to carry out evaluation
1: A challenge to an objective, policy, rule, or other method on the ground that section 32 Schedule 1 section 49
2: Subsection (1) section 32
12: Transfer of powers
1: Section 33 subsection (1)
1: A local authority may transfer any one or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.
2: Section 33 subsections (3) (5)
13: Delegation of functions, etc, by local authorities
Section 34 subsections (3) to (6)
3: Subsection (2)
14: New
section 34A The principal Act is amended by inserting, after section 34
34A: Delegation of powers and functions to employees and other persons
1: A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:
a: the approval of a policy statement or plan:
b: this power of delegation.
2: A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:
a: the powers in subsection (1)(a) and (b)
b: the decision on an application for a resource consent:
c: the making of a recommendation on a requirement for a designation.
3: A delegation under this section must be made by the chief executive officer of the local authority or by a group of senior executive officers.
4: Section 34(7), (8), (9), and (10)
5: Subsection (1) or subsection (2)
15: Duty to gather information, monitor, and keep records
1: Section 35(2) paragraph (b)
b: the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan; and.
2: Section 35 subsection (2)
2A: Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)(b)
3: Section 35(5) paragraph (g)
g: records of all applications for resource consents received by it; and
ga: records of all decisions under any of sections 93 to 94C
gb: records of all resource consents granted within the local authority's region or district; and
gc: records of the transfer of any resource consent; and.
16: Administrative charges
Section 36 subsection (3)
3A: A local authority must, upon request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (3)
17: New
sections 37 to 37B The principal Act is amended by repealing section 37
37: Power of waiver and extension of time limits
1: A consent authority or local authority may, in any particular case,—
a: extend a time period specified in this Act or in regulations, whether or not the time period has expired; or
b: waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents.
2: If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—
a: waive compliance with the requirement; or
b: direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit.
37A: Requirements for waivers and extensions
1: A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 37
a: the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
b: the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
c: its duty under section 21
2: A time period may be extended under section 37
a: a time not exceeding twice the maximum time period specified in this Act; or
b: a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.
3: A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension.
37B: Persons to have powers of consent authority for purposes of
sections 37 and 37A The following bodies have the powers of a consent authority under sections 37 and 37A
a: the Minister, for a direction given under section 140
b: the board of inquiry appointed under section 146
c: a special tribunal appointed under section 202
5: Standards, policy statements, and plans
18: New
sections 43 to 44 The principal Act is amended by repealing sections 43 44
43: Regulations prescribing national environmental standards
1: The Governor-General may, by Order in Council, make regulations, to be known as national environmental standards, that prescribe any or all of the following technical standards, methods, or requirements:
a: standards for the matters referred to in section 9, section 12, section 13, section 14, or section 15
i: contaminants:
ii: water quality, level, or flow:
iii: air quality:
iv: soil quality in relation to the discharge of contaminants:
b: standards for noise:
c: standards, methods, or requirements for monitoring.
2: The regulations may include:
a: qualitative or quantitative standards:
b: standards for any discharge or the ambient environment:
c: methods for classifying a natural or physical resource:
d: methods, processes, or technology to implement standards:
e: exemptions from standards:
f: transitional provisions for standards, methods, or requirements.
3: Section 360(2)
43A: Additional powers to implement national environmental standards
1: Regulations made under section 43
a: prohibit an activity:
b: allow an activity, subject to compliance with—
i: the rules in any relevant regional or district plan, or any relevant proposed regional or district plan; and
ii: the terms or conditions (if any) specified in the regulations:
c: restrict the making of a rule or the granting of a resource consent to matters specified in the regulations:
d: require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by the regulations:
e: specify, in relation to a rule made before the commencement of the regulations,—
i: the extent to which any matter to which the regulation applies continues to have effect; or
ii: the time period during which any matter to which the regulation applies continues to have effect:
f: require local authorities to review, under section 128(1) paragraph (ba) of that subsection
2: If regulations made under section 43
a: that the activity is a controlled, restricted discretionary, discretionary, or non-complying activity; and
b: the matters over which control is reserved or discretion is restricted.
43B: Relationship between standards and rules
1: To the extent that an activity permitted by or under a rule or by a resource consent is prohibited or not authorised by or under regulations made under section 43
2: To the extent that an activity permitted by or under regulations made under section 43
43C: Incorporation of material by reference
1: Regulations made under section 43
a: standards, requirements, or recommended practices of international organisations:
b: any other written material or document that, in the opinion of the Minister, is too large or impractical to be printed as part of the regulations.
2: Material incorporated into regulations by reference forms part of the regulations for all purposes.
3: Unless otherwise provided in the regulations, every amendment to material incorporated by reference that is made by the person or organisation originating the material is, subject to subsection (4), part of the regulations
4: The Minister must, by notice in the Gazette
43D: Description of discharges in regulations prescribing national environmental standards for discharges
Regulations made under section 43
a: particular contaminants or sources of contaminants in a discharge; or
b: the circumstances or sources of a discharge.
43E: Transitional matters relating to national environmental standards
1: If regulations made under section 43
2: If regulations made under section 43 section 20A(2)
3: Regulations made under section 43 section 128(1)(ba)
4: Regulations made under section 43
5: Subsection (1) section 43B
44: Restriction on power to make regulations prescribing national environmental standards
The Minister must not recommend to the Governor-General the making of any regulations under section 43
a: notified the public of—
i: the proposed subject matter of the regulations; and
ii: the Minister's reasons for considering that the regulations are consistent with the purpose of the Act; and
b: established a process that—
i: the Minister considers gives the public adequate time and opportunity to comment on the proposed subject matter of the regulations; and
ii: requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the regulations; and
c: publicly notified that report and recommendation.
19: Purpose of national policy statements (other than New Zealand coastal policy statements)
Section 45(1) policies on objectives and policies for
20: New
sections 46 47 The principal Act is amended by repealing sections 46 47
46: Proposed national policy statement
If the Minister considers it desirable to issue a national policy statement, the Minister must—
a: seek and consider comments from the persons and organisations that the Minister considers appropriate; and
b: then prepare a proposed national policy statement.
47: Board of inquiry
1: The Minister must appoint a board of inquiry to inquire into, and report on, the proposed national policy statement.
2: The Minister may, as the Minister sees fit,—
a: set terms of reference for the board of inquiry; and
b: set the rate of remuneration to be paid to members of the board of inquiry.
21: Public notification of inquiry
1: The heading to section 48 of proposed national policy statement and
2: Section 48(1) notice of the proposed national policy statement and the
3: Section 48(2) paragraph (a)
ab: places at which the proposed national policy statement may be inspected or purchased; and .
4: Section 48(2)(b) application proposed national policy statement
22: New
sections 50 to 52 The principal Act is amended by repealing sections 50 to 52
50: Conduct of hearing
1: Sections 39 to 42A
a: a consent authority or local authority were a reference to a board of inquiry; and
b: a proposed policy statement were a reference to a proposed national policy statement.
2: The board of inquiry must give at least 10 working days' notice of the dates, times, and place of the hearing of the inquiry.
3: A person who made a submission has the right to be heard at the hearing.
51: Matters to be considered and board of inquiry's report
1: The board of inquiry must consider the following matters:
a: the matters in Part II
b: the proposed national policy statement; and
c: any submissions received on the proposed national policy statement; and
d: any evidence received; and
e: any other relevant matter.
2: After considering the matters, the board of inquiry must arrange for a report and recommendations to be made to the Minister within any terms of reference set by the Minister.
52: Consideration of recommendations and approval of statement
1: The Minister must consider a report and any recommendations made to him or her by a board of inquiry under section 51
2: The Governor-General in Council may, on the recommendation of the Minister, approve a national policy statement.
3: The Minister must, as soon as practicable after a national policy statement has been approved,—
a: issue the statement by notice in the Gazette
b: publicly notify the statement and the report in whatever form he or she thinks appropriate and send a copy to every local authority; and
c: provide every person who made a submission on the statement with a summary of the recommendations and of the Minister's decision on the recommendations; and
d: present a copy of the statement to the House of Representatives.
23: New
section 55 The principal Act is amended by repealing section 55
55: Local authority recognition of national policy statements
1: A local authority must amend a regional policy statement or a plan, as soon as practicable or within the time, or before the occurrence of an event, specified in a national policy statement, to give effect to a provision in the national policy statement that affects a regional policy statement or a plan.
2: A national policy statement must state whether a local authority is required to use the process set out in Schedule 1 subsection (1)
3: A local authority must also take any other action that is specified in the national policy statement.
4: A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings.
24: Matters to be considered by regional council
1: Section 61(2)(a) subparagraphs (ii) (iv)
2: Section 61 subsection (2)
2A: A regional council must, when preparing or changing a regional policy statement, take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on resource management issues of the region.
25: New
section 62 The principal Act is amended by repealing section 62
62: Contents of regional policy statements
1: A regional policy statement must state—
a: the significant resource management issues for the region; and
b: the resource management issues of significance to iwi authorities in the region; and
c: the objectives sought to be achieved by the statement; and
d: the policies for those issues and objectives and an explanation of those policies; and
e: the methods (excluding rules) used, or to be used, to implement the policies; and
f: the principal reasons for adopting the objectives, policies, and methods of implementation set out in the statement; and
g: the environmental results anticipated from implementation of those policies and methods; and
h: the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities or between regions; and
i: the local authority responsible in the whole or any part of the region for specifying the objectives, policies, and methods for the control of the use of land—
i: to avoid or mitigate natural hazards or any group of hazards; and
ii: to prevent or mitigate the adverse effects of the storage, use, disposal, or transportation of hazardous substances; and
iii: to maintain indigenous biological diversity; and
j: the procedures used to monitor the efficiency and effectiveness of the policies or methods contained in the statement; and
k: any other information required for the purpose of the regional council's functions, powers, and duties under this Act.
2: If no responsibilities are specified in the regional policy statement for functions described in subsection (1)(i)(i) or (ii) subsection (1)(i)(i) subsection (1)(i)(ii)
3: A regional policy statement must not be inconsistent with any water conservation order and must give effect to a national policy statement or New Zealand coastal policy statement.
26: Preparation and change of other regional plans
Section 65 subsections (1) (2)
1: A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c), (e), (f), (g), or (ga)
2: A plan must be prepared in accordance with Schedule 1
27: Matters to be considered by regional council
1: Section 66(2)(c) subparagraphs (ii) (iv)
2: Section 66 subsection (2)
2A: A regional council must, when preparing or changing a regional plan, take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on resource management issues of the region.
28: New
section 67 The principal Act is amended by repealing section 67
67: Contents of regional plans
1: A regional plan must state—
a: the issues to be addressed in the plan; and
b: the objectives sought to be achieved by the plan; and
c: the policies for those issues and objectives, and an explanation of the policies; and
d: the methods (including rules, if any) to implement the policies; and
e: the principal reasons for adopting the objectives, policies, and methods of implementation set out in the plan; and
f: the information to be included with an application for a resource consent; and
g: the environmental results anticipated from the implementation of those policies and methods; and
h: the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities and between regions; and
i: the procedures used to monitor the efficiency and effectiveness of the policies, rules, or other methods contained in the plan; and
j: any other information required for the purpose of the regional council's functions, powers, and duties under this Act.
2: A regional plan must give effect to any national policy statement or any New Zealand coastal policy statement and must not be inconsistent with—
a: a water conservation order; or
b: the regional policy statement or any other regional plan for that region.
29: Regional rules
1: Section 68(1) in a regional plan rules which prohibit, regulate, or allow activities rules in a regional plan
2: Section 68(3) ; and rules may accordingly provide for permitted activities, controlled activities, discretionary activities, non-complying activities, prohibited activities, and restricted coastal activities
3: Section 68 subsections (3A) (3B)
4: Section 68(4) Notwithstanding subsection (3) A
5: Section 68(5) paragraph (e)
e: require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan.
30: Aquaculture activities
Section 30 repealed 1 January 2005 11(2) Resource Management Amendment Act (No 2) 2004
31: Matters to be considered by territorial authority
1: Section 74(2)(b) subparagraph (ii)
2: Section 74 subsection (2)
2A: A territorial authority must, when preparing or changing a district plan, take into account any relevant planning document recognised by an iwi authority, and lodged with the authority, to the extent that its content has a bearing on resource management issues of the district.
32: New
section 75 The principal Act is amended by repealing section 75
75: Contents of district plans
1: A district plan must state—
a: the significant resource management issues for the district; and
b: the objectives sought to be achieved by the plan; and
c: the policies for those issues and objectives, and an explanation of the policies; and
d: the methods (including rules if any) to implement the policies; and
e: the principal reasons for adopting the objectives, policies, and methods of implementation set out in the plan; and
f: the information to be included with an application for a resource consent; and
g: the environmental results anticipated from the implementation of those policies and methods; and
h: the processes to be used to deal with issues that cross territorial authority boundaries; and
i: the procedures used to monitor the efficiency and effectiveness of the policies, rules, or other methods contained in the plan; and
j: any other information for the purpose of the territorial authority's functions, powers, and duties under this Act.
2: A district plan must give effect to any national policy statement or a New Zealand coastal policy statement and must not be inconsistent with—
a: a water conservation order; or
b: the regional policy statement; or
c: a regional plan for any matter specified in section 30(1)
33: District rules
1: Section 76(1) in its district plan rules which prohibit, regulate, or allow activities rules in a district plan
2: Section 76(3) ; and rules may accordingly provide for permitted activities, controlled activities, discretionary activities, non-complying activities, and prohibited activities
3: Section 76 subsections (3A) (3B)
4: Section 76(4) paragraph (e)
e: require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan.
34: New heading and
sections 77A to 77D The principal Act is amended by inserting, after section 77 Additional provisions for regional rules and district rules
77A: Power to include rules in plans
1: A local authority may make rules describing an activity as an activity in section 77B
2: When an activity in a plan or proposed plan is described as an activity in section 77B
3: The power to specify conditions in a plan or proposed plan is limited to conditions for the matters in section 108 or section 220
77B: Types of activities
1: If an activity is described in this Act, regulations, or a plan or proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the standards, terms, or conditions, if any, specified in the plan or proposed plan.
2: If an activity is described in this Act, regulations, or a plan or proposed plan as a controlled activity,—
a: a resource consent is required for the activity, and the consent authority has no power to decline that resource consent; and
b: the consent authority must specify in the plan or proposed plan matters over which it has reserved control; and
c: the consent authority's power to impose conditions on the resource consent is restricted to the matters that have been specified under paragraph (b)
d: the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan.
3: If an activity is described in this Act, regulations, or a plan or proposed plan as a restricted discretionary activity,—
a: a resource consent is required for the activity; and
b: the consent authority must specify in the plan or proposed plan matters to which it has restricted its discretion; and
c: the consent authority's powers to decline a resource consent and to impose conditions are restricted to matters that have been specified under paragraph (b)
d: the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan.
4: If an activity is described in this Act, regulations, or a plan or proposed plan as a discretionary activity,—
a: a resource consent is required for the activity; and
b: the consent authority may grant the resource consent with or without conditions or decline the resource consent; and
c: the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan.
5: If an activity is described in this Act, regulations, or a plan or proposed plan as a non-complying activity,—
a: a resource consent is required for the activity; and
b: the consent authority may grant the resource consent with or without conditions or decline the resource consent.
6: Particular restrictions for non-complying activities are in section 104D
7: If an activity is described in this Act, regulations, or a plan as a prohibited activity, no application may be made for that activity and a resource consent must not be granted for it.
77C: Certain activities to be treated as discretionary activities or prohibited activities
1: An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if—
a: Part 3
b: a plan or proposed plan requires a resource consent to be obtained for an activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77B
c: a rule in a proposed plan describes the activity as a prohibited activity and that rule has not become operative.
2: Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 section 61(1A) Crown Minerals Act 1991
3: An activity prohibited by section 105(2)(b) of the Historic Places Act 1993
77D: Rules for certain activities may include restrictions on notification
A rule for a controlled activity or a restricted discretionary activity may state whether applications for a resource consent for the activity may be decided without notification under section 93 section 94(1)
35: New
section 78A The principal Act is amended by inserting, before section 79
78A: Combined regional and district documents
1: A local authority may prepare a document that meets the requirements of 2 or more of the following:
a: a regional policy statement:
b: a regional plan:
c: a district plan.
2: Subsection (1) sections 60, 64, 65, and 73
36: New
section 82 The principal Act is amended by repealing section 82
82: Disputes
1: Subsection (2)
a: whether there is an inconsistency between a water conservation order and a regional policy statement or a plan; or
b: whether there is an inconsistency between a regional policy statement or a regional plan and a district plan (including any rules of a plan) on a matter of regional significance; or
c: whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement.
2: A Minister or local authority responsible for a relevant national policy statement, New Zealand coastal policy statement, policy statement, plan, or order may refer a dispute to the Environment Court for a decision resolving the matter.
3: If, after considering the matter referred to it under subsection (2) subsection (1)(a) or (b) subsection (1)(c)
a: the Court must order the authority responsible for the policy statement or plan to initiate a change to the policy statement or plan; or
b: if the Court considers that it is of minor significance that does not affect the general intent and purpose of the policy statement, plan, or order concerned, the Court may allow it to remain.
6: Resource consents
37: New
section 88 The principal Act is amended by repealing section 88
88: Making an application
1: A person may apply to the relevant local authority for a resource consent.
2: An application must—
a: be made in the prescribed form and manner; and
b: include, in accordance with Schedule 4
3: If an application does not include an adequate assessment of environmental effects or the information required by regulations, a local authority may, within 5 working days after the application was first lodged, determine that the application is incomplete and return the application, with written reasons for the determination, to the applicant.
4: If, after an application has been returned as incomplete, that application is lodged again with the relevant local authority, that application is to be treated as a new application.
5: Sections 357 and 358
38: Description of type of activity to remain the same
1: Section 88A subsection (1)
1: Subsection (1A)
a: an application for a resource consent has been made under section 88
b: the type of activity (being controlled, restricted, discretionary, or non-complying) for which the application was made under section 88 section 77C
i: a proposed plan being notified; or
ii: a decision being made under clause 10(3) of the First Schedule
iii: otherwise.
1A: The application continues to be processed, considered, and decided as an application for the type of activity that it was for, or was treated as being for, at the time the application was first lodged.
2: Section 88A(2) 104 104(1)(b)
39: New
section 88B The principal Act is amended by inserting, after section 88A
88B: Calculating time limits for processing applications
The following time periods must be excluded from the calculation of time limits in sections 95, 101(2A), and 115(b)
a: the time taken by an applicant to provide further information to a consent authority once a request for further information is made under section 92 sections 357 and 358
b: the time taken by the applicant to obtain the approval of persons who may be adversely affected (for the purposes of section 94
40: Section 90 Section 90
41: New
sections 92 to 95 The principal Act is amended by repealing sections 92 to 95
92: Further information may be required
1: A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, require the applicant for the consent to provide further information relating to the application.
2: A consent authority may commission a report from any person on any matters raised in relation to the application, including a review of any information provided in an application under section 88
a: in the opinion of the consent authority, the activity for which the resource consent is sought may have a significant adverse environmental effect; and
b: the applicant is notified before the report is commissioned.
3: Any further information requested or a report commissioned under this section must be available at the office of the consent authority no later than 10 working days before the hearing of an application.
4: This section does not apply to reports prepared under section 42A
5: Sections 357 and 358 subsections (1) and (2)
93: When public notification of consent applications is required
1: A consent authority must notify an application for a resource consent unless—
a: the application is for a controlled activity; or
b: the consent authority is satisfied that the adverse effects of the activity on the environment will be minor.
2: If subsection (1)
a: publicly notifying it in the prescribed form; and
b: serving notice of it on every person prescribed in regulations.
94: When public notification of consent applications is not required
1: If notification is not required under section 93(l)
2: However, a consent authority is not required to serve notice of the application under subsection (1)
94A: Forming opinion as to whether adverse effects are minor or more than minor
When forming an opinion, for the purpose of section 93
a: may disregard an adverse effect of the activity on the environment if the plan permits an activity with that effect; and
b: for a restricted discretionary activity, must disregard an adverse effect of the activity on the environment that does not relate to a matter specified in the plan or proposed plan as a matter for which discretion is restricted for the activity.
94B: Forming opinion as to who may be adversely affected
1: Subsections (2) and (3) section 94(1)
2: The consent authority must have regard to every relevant statutory acknowledgement, within the meaning of an Act specified in Schedule 11
3: A person—
a: may be treated as not being adversely affected if, in relation to the adverse effects of the activity on the person, the plan permits an activity with that effect; or
b: in relation to a controlled or restricted discretionary activity, must not be treated as being adversely affected if the adverse effects of the activity on the environment do not relate to a matter specified in the plan or proposed plan as a matter for which—
i: control is reserved for the activity; or
ii: discretion is restricted for the activity; or
c: must not be treated as being adversely affected if it is unreasonable in the circumstances to seek the written approval of that person.
94C: Public notification if applicant requests or if special circumstances exist
1: If an applicant requests, a consent authority must notify an application for a resource consent by—
a: publicly notifying it in the prescribed form; and
b: serving notice of it on every person prescribed in regulations.
2: If a consent authority considers that special circumstances exist, a consent authority may notify an application for a resource consent by—
a: publicly notifying it in the prescribed form; and
b: serving notice of it on every person prescribed in regulations.
94D: When public notification and service requirements may be varied
1: Despite section 93(1)(a) section 93(2)
2: Despite section 93(1)(b)
3: Despite section 94(1)
95: Time limit for notification
If an application for a resource consent is required to be publicly notified or notice of the application is required to be served on any person, that notice must be given or served within 10 working days of the date the application is first lodged.
42: Making of submissions
Section 96 subsections (1) (2)
1: The following persons may make submissions to a consent authority about an application for a resource consent:
a: if the application is publicly notified in accordance with section 93 or section 94C
b: if notice of the application is served under section 94(1)
2: A submission must be in the prescribed form and served on the local authority.
43: Hearing date and notice
Section 101 subsection (2A)
2A: If the application was not notified or if notice was not served, the date for the commencement of any hearing must be not later than 25 working days after the date the application was first lodged with the consent authority.
44: New
sections 104 to 106 The principal Act is amended by repealing sections 104 to 106
104: Consideration of applications
1: When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2
a: any actual and potential effects on the environment of allowing the activity; and
b: any relevant provisions of—
i: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement or proposed regional policy statement:
iv: a plan or proposed plan; and
c: any other matter the consent authority considers relevant and reasonably necessary to determine the application.
2: When forming an opinion for the purposes of subsection (1)(a)
3: A consent authority must not—
a: have regard to trade competition when considering an application:
b: when considering an application, have regard to any effect on a person who has given written approval to the application:
c: grant a resource consent contrary to the provisions of section 107 or section 217 section 152
d: grant a resource consent if the application should have been publicly notified and was not.
4: Subsection (3)(b)
5: A consent authority may grant a resource consent on the basis that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity, regardless of what type of activity the application was expressed to be for.
104A: Determination of applications for controlled activities
After considering an application for a resource consent for a controlled activity, a consent authority—
a: must grant the application; but
b: may impose conditions on the consent under section 108
104B: Determination of applications for discretionary or non-complying activities
After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent authority—
a: may grant or refuse the application; and
b: if it grants the application, may impose conditions under section 108
104C: Particular restrictions for restricted discretionary activities
When considering an application for a resource consent for a restricted discretionary activity, a consent authority—
a: must consider only those matters specified in the plan or proposed plan to which it has restricted the exercise of its discretion; and
b: may grant or refuse the application; and
c: if it grants the application, may impose conditions under section 108
104D: Particular restrictions for non-complying activities
1: Despite any decision made for the purpose of section 93
a: the adverse effects of the activity on the environment (other than any effect to which section 104(3)(b)
b: the application is for an activity that will not be contrary to the objectives and policies of—
i: the relevant plan, if there is a plan but no proposed plan in respect of the activity; or
ii: the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or
iii: both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.
2: To avoid doubt, section 104(2)
105: Matters relevant to certain applications
1: If an application is for a discharge permit or coastal permit to do something that would contravene section 15 or section 15B section 104(1)
a: the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
b: the applicant's reasons for the proposed choice; and
c: any possible alternative methods of discharge, including discharge into any other receiving environment.
2: If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 104(1) section 108(2)(g)
106: Consent authority may refuse subdivision consent in certain circumstances
1: Despite section 77B
a: the land in respect of which a consent is sought, or any structure on the land, is or is likely to be subject to material damage by erosion, falling debris, subsidence, slippage, or inundation from any source; or
b: any subsequent use that is likely to be made of the land is likely to accelerate, worsen, or result in material damage to the land, other land, or structure by erosion, falling debris, subsidence, slippage, or inundation from any source; or
c: sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.
2: Conditions under subsection (1)
a: for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1)
b: of a type that could be imposed under section 108
45: Conditions of resource consents
1: Section 108(2) paragraph (b)
b: a condition requiring provision of a bond (and describing the terms of that bond) in accordance with section 108A
2: Section 108(2)(f) section 105(l)(a) or (b) section 77B(2)(c) or (3)(c)
3: Section 108 subsection (6)
4: Section 108(10)(a) plan or proposed plan
5: Section 108(10)(b) plan or proposed plan
46: New
section 108A The principal Act is amended by inserting, after section 108
108A: Bonds
1: A bond required under section 108(2)(b)
a: a condition relating to the alteration or removal of structures:
b: a condition relating to remedial, restoration, or maintenance work:
c: a condition providing for ongoing monitoring of long-term effects.
2: A condition describing the terms of the bond to be entered into under section 108(2)(b)
a: require that the bond be given before the resource consent is exercised or at any other time:
b: require that section 109(1)
c: provide that the liability of the holder of the resource consent be not limited to the amount of the bond:
d: require the bond to be given to secure performance of conditions of the consent including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent:
e: require the holder of the resource consent to provide such security as the consent authority thinks fit for the performance of any condition of the bond:
f: require the holder of the resource consent to provide a guarantor (acceptable to the consent authority) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
g: provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the consent authority.
3: If a consent authority considers that an adverse effect may continue or arise at any time after the expiration of a resource consent granted by it, the consent authority may require that a bond continue for a specified period that the consent authority thinks fit.
47: Special provisions in respect of bonds or covenants
Section 109(4) given (including completion of any interim monitoring required)
48: New
section 114 The principal Act is amended by repealing section 114
114: Notification
1: A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on the applicant.
2: A consent authority must ensure that a notice of decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on—
a: persons who made a submission; and
b: other persons and authorities that it considers appropriate.
3: If the consent authority serves a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district (if the consent authority is a territorial authority) or region (in all other cases); and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received.
49: New
section 115 The principal Act is amended by repealing section 115
115: Time limits for notification of decision
Notice of a decision on an application for a resource consent must be given in accordance with section 114
a: if a hearing is held, no later than 15 working days after the conclusion of the hearing; or
b: if a hearing is not held,—
i: for applications that are not notified at all or notice of the application is not served on any person, no later than 20 working days after the date the application was first lodged with the local authority; or
ii: for applications that are notified under section 93 or section 94C section 94
50: When a resource consent commences
1: Section 116(1A) shall apply applies, or an objection has been made under section 357 subsection (1AB)
2: Section 116 subsection (1A)
1AB: If an objection has been made under section 357 section 358
51: Lapsing of consent
Section 125 subsection (1)
1: A resource consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent unless, before the consent lapses,—
a: the consent is given effect to; or
b: an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
i: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
ii: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
iii: the effect of the extension on the policies and objectives of any plan or proposed plan.
1A: Sections 357 and 358 subsection (1)(b)
52: New
section 126 The principal Act is amended by repealing section 126
126: Cancellation of consent
1: A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years.
2: Subsection (1)
a: the resource consent expressly provides otherwise; or
b: within 3 months after service of the notice, an application is made to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1)
i: whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
ii: the effect of the revocation of the notice on the policies and objectives of any plan or proposed plan.
3: Sections 357 and 358
53: Change or cancellation of consent condition on application by consent holder
1: Section 127 subsection (1)
1: The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent (other than any condition as to the duration of the consent).
2: Section 127 subsections (3) (4)
3: Sections 88 to 121
a: the application were an application for a resource consent for a discretionary activity; and
b: the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.
4: For the purposes of determining who is adversely affected by the change or cancellation, the local authority must consider, in particular, every person who—
a: made a submission on the original application; and
b: may be affected by the change or cancellation.
54: Circumstances when consent conditions can be reviewed
Section 128(1) paragraph (b)
ba: in the case of a water, coastal, or discharge permit, when relevant national environmental standards have been made under section 43
55: Notice of review
1: Section 129(1)(c) 128(a) 128(1)(a) or (ba)
2: Section 129 subsection (2)
2: If notification of the review is required under section 130 section 128
a: 30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or
b: 10 working days after the service of the notice (if the consent holder is not invited to propose new conditions).
56: Public notification, submissions, and hearing, etc
1: Section 130 subsection (3)
3: Sections 93 to 94C
a: the review of consent conditions were an application for a resource consent for a discretionary activity; and
b: the references to a resource consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively.
2: Section 130(4)(b) controlled, restricted discretionary,
3: Section 130 subsection (5)
5: If a regional plan or regional coastal plan states that a rule will affect the exercise of existing resource consents under section 68(7)
a: is not required to comply with section 93(2) or section 94(1)
b: must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 129
4: Section 130
8: When reviewing the conditions of a resource consent under section 128(1)(ba)
a: make a submission to the consent authority; and
b: request to be heard.
57: Form and effect of Minister's direction
Section 141
3: The Minister may recover from an applicant for a resource consent the actual and reasonable costs incurred by the Minister in exercising the Minister's powers under sections 140 to 150
4: The following sections apply to the recovery of costs under subsection (3)
a: section 36(3A)
b: section 36(4)
5: Sections 357 and 358
58: Consent authority's obligations
Section 143 subsections (2) (3) (4)
2: A consent authority may recover from an applicant for a resource consent the actual and reasonable costs incurred by the consent authority in complying with this section.
3: The following sections apply in respect of the recovery of costs under subsection (2)
a: section 36(3A)
b: section 36(4)
4: Section 357 and 358
7: Coastal tendering
59: Application of Order in Council
Section 153(b) subparagraphs (i) (ii)
i: that otherwise would contravene section 14, section 15, section 15A, or section 15B
ii: that otherwise would contravene section 12 section 152(1)(a) to (c)
8: Designations and heritage orders
60: Notice of requirement to territorial authority
1: Section 168(1) give notice in the prescribed form
2: Section 168(2) give notice in the prescribed form
3: Section 168 subsection (3)
61: Notice of requirement by territorial authority
1: Section 168A(l) publicly notify the requirement notify the requirement in accordance with section 93(2)
2: Section 168A(2) 93
3: Section 168A subsections (3) (4)
3: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2
a: any relevant provisions of—
i: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement or proposed regional policy statement:
iv: a plan or proposed plan; and
b: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
i: the requiring authority does not have an interest in the land sufficient for undertaking the work; or
ii: it is likely that the work will have a significant adverse effect on the environment; and
c: whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
d: any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
4: The territorial authority may decide to—
a: confirm the requirement:
b: modify the requirement:
c: impose conditions:
d: withdraw the requirement.
5: Sections 173, 174, and 175 subsection (4)
62: New
section 169 The principal Act is amended by repealing section 169
169: Further information, public notification, submissions, and hearing
1: Subject to section 170, sections 92, 95 to 103, and 115 section 168
2: A territorial authority must notify the requirement in accordance with section 93(2)
63: New
section 171 The principal Act is amended by repealing section 171
171: Recommendation by territorial authority
1: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2
a: any relevant provisions of—
i: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement or proposed regional policy statement:
iv: a plan or proposed plan; and
b: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
i: the requiring authority does not have an interest in the land sufficient for undertaking the work; or
ii: it is likely that the work will have a significant adverse effect on the environment; and
c: whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
d: any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement.
2: The territorial authority may recommend to the requiring authority that it—
a: confirm the requirement:
b: modify the requirement:
c: impose conditions:
d: withdraw the requirement.
3: The territorial authority must give reasons for its recommendation under subsection (2)
64: New
section 173 The principal Act is amended by repealing section 173
173: Notification of decision on designation
1: A territorial authority must ensure that, within 15 working days after a decision is made by a requiring authority under section 172
a: persons who made a submission; and
b: land owners and occupiers directly affected by the decision.
2: If the territorial authority gives a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received.
65: Effect of designation
Section 176 subsection (1)
1: If a designation is included in a district plan, then—
a: section 9(l)
b: no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including—
i: undertaking any use of the land described in section 9(4)
ii: subdividing the land; and
iii: changing the character, intensity, or scale of the use of the land.
66: Alteration of designation
1: Section 181(3) plan or a requirement in its proposed district plan
2: Section 181(3)(a)(ii) designation or requirement
3: Section 181(3) change alteration
4: Section 181(4) designation or requirement
67: Compulsory acquisition powers
Section 186 subsection (1)
1: A network utility operator that is a requiring authority may apply to the Minister of Lands to have land required for a project or work acquired or taken under Part 2 of the Public Works Act 1981
68: Further information, public notification, submissions, and hearing
1: Section 190 93,
2: Section 190 subsection (2)
2: A territorial authority must notify the requirement in accordance with section 93(2)
9: Subdivision and reclamations
69: Meaning of subdivision of land
Section 218(1)(a) subparagraph (iii)
iii: by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or.
70: Section 219 Section 219
71: Approval of survey plan by territorial authority
Section 223 subsection (1)
1A: Within 10 working days after receiving a survey plan submitted to it under subsection (1)
a: approve the survey plan; or
b: decline the survey plan.
72: Restriction upon issue of certificates of title for subdivision
Section 226(1)(e) certified on the survey plan or a copy of the survey plan given a certificate signed by the principal administrative officer or other authorised officer to the effect
73: Savings in respect of cross leases, company leases, and retirement village leases
Section 226A(1)
c: to the renewal or substitution of a company lease in respect of a building or part of a building if the original company lease was in existence before the commencement of this Act (whether or not the renewal or substitution is part of the original company lease or a subsequent company lease).
74: Creation of esplanade strips by agreement
Section 235(1) 232, 233,
10: Environment Court
75: Section 271A Section 271A
76: New
section 274 The principal Act is amended by repealing section 274
274: Representation at proceedings
1: The following persons may be a party to any proceedings before the Environment Court:
a: the Minister:
b: a local authority:
c: a person who has an interest in the proceedings that is greater than the public generally:
d: a person representing a relevant aspect of the public interest:
e: a person who made a submission in the previous proceedings on the same matter.
2: A person described in subsection (1)
3: The notice given under subsection (2)
a: the proceedings in which the person has an interest; and
b: whether the person supports or opposes the relief sought and the reasons for that support or opposition; and
c: if applicable, the grounds for seeking representation under subsection (1)(c) or (d)
d: an address for service.
4: A person who becomes a party to the proceedings under this section may appear and call evidence only on—
a: matters within the scope of the appeal, inquiry, or other proceeding; and
b: in the case of a person described in subsection (1)(e)
5: A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.
6: For the purposes of determining whether a person has an interest in proceedings greater than the public generally, the Environment Court must have regard to every relevant statutory acknowledgment (within the meaning of an Act specified in Schedule 11
7: Subsection (2) section 281
77: New
section 276A The principal Act is amended by inserting, after section 276
276A: Evidence of documents
A copy of, or extract from, a policy statement or plan, certified to be a true copy by the principal administrative officer or by any other authorised officer of the relevant local authority, is admissible in evidence in legal proceedings to the same extent as the original document.
78: Powers of Environment Commissioner sitting without Environment Judge
Section 280 subsection (1A)
79: Waivers and directions
Section 281(1)(a) subparagraph (ii)
ii: the time within which an appeal or submission to the Environment Court must be lodged; or
iia: the time within which a person must give notice under section 274
80: New
section 284A The principal Act is amended by inserting, after section 284
284A: Security for costs
1: The Environment Court does not have the power to order a party to give security for costs.
2: Subsection (1)
81: Court may order change to policy statements and plans
Section 293 subsection (4)
4: Subsection (5)
5: The Court may allow the 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.
6: In subsections (4) and (5)
a: does not give effect to a national policy statement or New Zealand coastal policy statement; or
b: is inconsistent with another policy statement or plan or water conservation order.
11: Declarations, enforcement, and ancillary powers
82: Scope and effect of declaration
1: Section 310 paragraph (b)
b: whether a provision or proposed provision of a regional policy statement, or regional or district plan,—
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 contrary to sections 62(3), 67(2), and 75(2)
ii: is, or is likely to be, inconsistent with a provision or proposed provision of a regional policy statement, regional or district plan, or a water conservation order contrary to sections 62(3), 67(2), and 75(2)
2: Section 310(c) Act , regulations made under this Act,
3: Section 310
h: any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 93 to 94C
83: Decision on application
Section 319 subsection (2)
2: Except as provided in subsection (3) section 314(1)(a)(ii), (b)(ii), (c), (d)(iv), or (da)
a: that person is acting in accordance with—
i: a rule in a plan; or
ii: a resource consent; or
iii: a designation; and
b: the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be.
3: The Environment Court may make an enforcement order if—
a: the Court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
b: the person was acting in accordance with a resource consent that has been changed or cancelled under section 314(1)(e)
84: Appeals
Section 325 subsection (5)
5: Except as provided in subsection (6)
a: the person served with the abatement notice was acting in accordance with—
i: a rule in a plan; or
ii: a resource consent; or
iii: a designation; and
b: the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, or notified the proposed plan, or granted the resource consent, or approved the designation, at the time of the approval, notification, or granting, as the case may be.
6: The Environment Court may confirm an abatement notice, that is the subject of an appeal, if the Court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be.
85: Meaning of excessive noise
Section 326 subsection (2)
2: Without limiting subsection (1) excessive noise
a: includes noise that exceeds a standard for noise prescribed by regulations made under section 43
b: may include noise emitted by—
i: a musical instrument; or
ii: an electrical appliance; or
iii: a machine, however powered; or
iv: a person or group of persons; or
v: an explosion or vibration.
12: Miscellaneous provisions
86: Matters may be determined by arbitration
1: Section 356(3) or make any reference to the Court under clause 14 of Schedule 1
2: Section 356 subsection (6)
87: Objections to certain decisions and requirements of consent authorities
1: Section 357 subsection (1)
1A: An applicant for a resource consent has a right of objection to a consent authority in respect of a decision made by the authority under the following sections:
a: section 88(3)
b: section 143
1B: 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)
2: Section 357 subsection (2)
2: An applicant or consent holder has a right of objection to a consent authority in respect of the authority's decision on an application or review if—
a: 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
b: the application or review was notified and—
i: no submissions were received; or
ii: any submissions received were withdrawn.
2A: Subject to subsection (3), subsection (2)
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
3: Section 357(3)
a: omitting the expression section 105 sections 104B and 104C
b: omitting the expression 34 34A
4: Section 357 subsection (4A)
4B: A person who has been required by the Minister to pay costs under section 141
88: Regulations
1: Section 360(1) paragraph (ab)
ac: prescribing the methods of making an application or requirement for a designation, the persons to be served, the times of service, and the form of application and notice required:
2: Section 360(1)(ha)(i) controlled activities, restricted discretionary activities,
13: Transitional provisions in principal Act
89: Provisions deemed to be regional rules
Section 369
13: Sections 357 and 358 subsection (11)
90: Power of Minister of Conservation to give directions relating to restricted coastal activities
Section 372(3)(c) notified under clause 5 made operative under clause 20
91: Grounds of refusal of subdivision consent
Section 406(1)(a) Shall not grant may refuse to grant
14: Schedules of principal Act
92: Schedule 1
1: Clause 4
9: A requiring authority may withdraw a requirement for a designation in accordance with section 168(4) section 189(4)
10: If a territorial authority receives notice from a requiring authority that a requirement has been withdrawn, the territorial authority must, as soon as reasonably practicable and without further formality, amend its proposed district plan accordingly.
2: Clause 8D(1) paragraphs (a) (b)
a: if an appeal has not been made to the Environment Court under clause 14
b: if an appeal has been made to the Environment Court, before the Environment Court hearing commences.
3: Clause 9(3) require allow
4: Clause 11 subclause (1) a copy of its decision a notice of decision and a statement of the time within which an appeal may be lodged
5: Clause 11 subclause (2) notify send or provide a notice of decision to
6: Clause 11
3: If the local authority gives a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices, and all public libraries in the district (if it relates to a district plan) or region (in all other cases); and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received.
7: Clause 13 subclause (4) a copy of the decision by the requiring authority or heritage protection authority a notice of decision by the requiring authority or heritage protection authority and a statement of the time within which an appeal may be lodged
8: Clause 13
6: If a notice summarising a decision is served, the territorial authority must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices, and all public libraries in the district; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send, or provide, on request, a copy of the decision within 3 working days after the request is received.
9: Schedule 1 clause 14
14: Appeals to Environment Court
1: A person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of—
a: a provision included in the proposed policy statement or plan; or
b: a provision that the decision on submissions proposes to include in the policy statement or plan; or
c: a matter excluded from the proposed policy statement or plan; or
d: a provision that the decision on submissions proposes to exclude from the policy statement or plan.
2: However, a person may appeal under subclause (1)
3: The following persons may appeal to the Environment Court against any aspect of a requiring authority's or heritage protection authority's decision:
a: any person who made a submission on the requirement that referred to that matter:
b: the territorial authority.
4: Any appeal to the Environment Court under this clause must be in the prescribed form and lodged with the Environment Court within 30 working days of service of the notice of decision of the local authority under clause 11 clause 13
5: The appellant must serve a copy of the notice in the prescribed manner.
10: Clause 15 subclause (2)
2: If the Environment Court holds a hearing into any provision of a proposed policy statement or plan (other than a regional coastal plan), the Court may confirm the provision, or direct the local authority to modify, delete, or amend the proposed policy statement or plan.
11: Clause 15(3) a reference into a regional coastal plan, that reference an appeal against a provision of a regional coastal plan, that appeal
12: Clause 16(1) effect to any direction in a national environmental standard or a national policy statement or
13: Clause 22(1) plan and contain an evaluation under section 32
14: Clause 29
a: by omitting from subclause (6) refer appeal
b: by omitting from subclause (7) referred appealed
c: by omitting from subclause (8) referred appealed
93: Schedule 2 Schedule 2
94: Schedule 4 Schedule 4
a: by omitting from clause 1 88(6)(b) 88
b: Paragraph (b) repealed 10 August 2005 129(4) Resource Management Amendment Act 2005 See sections 131 to 135
95: Consequential amendments to principal Act
The principal Act is consequentially amended in the manner indicated in Schedule 1
2: Amendments and repeals of other enactments, transitional provisions, and savings
1: Consequential repeals
96: Consequential repeals of other enactments
The enactments specified in Schedule 2
2: Amendments to other Acts
97: Amendment to
Incorporated Societies Act 1908 Section 17 Incorporated Societies Act 1908 subsection (2)
2: Subsection (1) section 284A of the Resource Management Act 1991
98: Amendments to
Local Government Act 1974
1: Section 321 Local Government Act 1974
2: Section 348 Local Government Act 1974
6: Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991
99: Amendment to
Reserves Act 1977 Section 54(2A)(b) Reserves Act 1977 section 93 section 93(2)
100: Amendment to
Local Government Official Information and Meetings Act 1987 Part 1 Local Government Official Information and Meetings Act 1987 34, 34A,
101: Amendment to
Crown Research Institutes Act 1992 Section 34 Crown Research Institutes Act 1992
102: Amendments to
Historic Places Act 1993
1: Section 14 Historic Places Act 1993 subsection (10)
10: An authority granted under subsection (1)
2: Section 20(1)(c) Historic Places Act 1993 Paragraph (a) or paragraph (b) of section 14 of this Act section 14(1)(a), or (b), or (10)
103: Amendment to
Hazardous Substances and New Organisms Act 1996 The Hazardous Substances and New Organisms Act 1996 Schedule 4 section 62(1)(ha) Resource Management Act 1991
104: Amendment to
Resource Management Amendment Act 1997 Section 68 Resource Management Amendment Act 1997 section 210(2) section 201(2)
105: Amendments to
Ngai Tahu Claims Settlement Act 1998
1: Section 207(2) Ngai Tahu Claims Settlement Act 1998
a: omitting the words and 94 to 94C
b: omitting the words an affected person adversely affected
2: The Ngai Tahu Claims Settlement Act 1998 section 208
208: Local authorities must have regard to statutory acknowledgments
From the effective date, and without derogating from its obligations under Part 2 of the Resource Management Act 1991 sections 93 to 94C of that Act
106: Amendments to
Pouakani Claims Settlement Act 2000
1: Section 37(2) Pouakani Claims Settlement Act 2000
a: omitting from paragraph (a) and 94 to 94C
b: omitting from paragraph (b) an affected person adversely affected
2: The Pouakani Claims Settlement Act 2000 section 38
38: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without derogation from its obligations under Part 2 of the Resource Management Act 1991 sections 93 to 94C of that Act
107: Amendments to
Te Uri o Hau Claims Settlement Act 2002
1: Te Uri o Hau Claims Settlement Act 2002 section 60
60: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without derogation from its obligations under Part 2 of the Resource Management Act 1991 sections 93 to 94C of that Act
2: Section 64(2) Te Uri o Hau Claims Settlement Act 2002
a: omitting from paragraph (a) and 94 to 94C
b: omitting from paragraph (b) an affected entity adversely affected
108: Amendments to
Ngati Ruanui Claims Settlement Act 2003
1: The Ngati Ruanui Claims Settlement Act 2003 section 90
90: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without limiting its obligations under Part 2 of the Resource Management Act 1991 sections 93 to 94C of that Act
2: Section 94(2) Ngati Ruanui Claims Settlement Act 2003
a: omitting from paragraph (a) directly adversely
b: omitting from paragraph (b) section 93 or section 94 sections 93 to 94C
3: Section 94(4) Ngati Ruanui Claims Settlement Act 2003
a: omitting from paragraph (a) and 94 to 94C
b: omitting from paragraph (b) directly adversely
3: Transitional and savings provisions
109: Transitional provisions relating to New Zealand coastal policy statements
Despite sections 62(3) 67(2) 75(2)
110: Transitional provisions for restricted discretionary activities
If on the date of commencement of this section a plan or proposed plan includes any rule specifying an activity as a discretionary activity and restricting any discretion under section 68(3B) 76(3B)
111: Transitional provisions for certain rules
Despite sections 68(5)(e) 76(4)(e)
112: Continuation and completion of matters under principal Act
1: If, before the commencement of this section,—
a: an application has been made for a resource consent or for any matter in relation to a resource consent (including a change or review of conditions of an existing consent); or
b: a notice of requirement has been given for a designation or a heritage order; or
c: an application has been made to become a requiring authority or a heritage protection authority; or
d: a policy statement, plan, change, or variation has been publicly notified,— the continuation and completion of that matter (including any rights of appeal) must be in accordance with the principal Act as if this Act had not been enacted.
2: If, before the commencement of this section, an appeal has been lodged or an objection made, the continuation and completion of that appeal or objection must be in accordance with the principal Act as if this Act had not been enacted.
3: If, before the commencement of this section, an application for a subdivision consent has been made, the continuation and completion of all proceedings in relation to that subdivision, including the approval and deposit of a survey plan, must be in accordance with the principal Act as if this Act had not been enacted.
4: If, before the commencement of this section, a declaration, enforcement, or abatement action under Part 12
5: If, before the commencement of this section, a notice of appeal or notice of inquiry has been lodged with the Environment Court, sections 271A 274 section 271A section 274
6: For the purposes of this section, an appeal includes a reference to, or an inquiry by, the Environment Court.
113: Exercise of authority granted under
Historic Places Act 1993
1: An authority given under section 9F, section 9H, or section 9L of the Historic Places Act 1954 section 44, section 46, or section 48 of the Historic Places Act 1980
2: An authority given under section 9F, section 9H, or section 9L of the Historic Places Act 1954 section 44, section 46, or section 48 of the Historic Places Act 1980