Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010

1: Title
This Act is the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010.
2: Commencement
1: Parts 1 3
2: The rest of this Act comes into force on a date to be appointed by the Governor-General by an Order in Council made on the advice of the Minister for Treaty of Waitangi Negotiations.
3: An order under this section is secondary legislation ( see Part 3 OIC SR 2010/379 2010-11-25 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 25 November 2010 clause 2(b) Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act and Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act Commencement Order 2010 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Overarching purpose of Act
The overarching purpose of this Act is to restore and protect the health and wellbeing of the Waikato River for present and future generations.
4: Purpose of Act
This Act—
a: recognises the significance of the Waikato River to Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi:
b: recognises the vision and strategy for the Waikato River:
c: establishes and grants functions and powers to the Waikato River Authority:
d: establishes the Waikato River Clean-up Trust:
e: acknowledges and provides a process that may recognise certain customary activities of Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi:
f: provides co-management arrangements for the Waikato River.
5: Guiding principles of interpretation
1: The vision and strategy is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River.
2: This Act must be interpreted in a manner that best furthers sections 3 4
6: How this Act applies to Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi
1: In this Act,— Trust
a: for Ngati Tuwharetoa, the Tuwharetoa Maori Trust Board:
b: for Raukawa,—
i: the trustees of the Raukawa Settlement Trust; or
ii: an entity that the Raukawa Settlement Trust nominates under subsection (4):
c: for Te Arawa River Iwi, the trustees of the Te Arawa River Iwi Trust.
2: Part 2
a: provides for each Trust to appoint a member to the Waikato River Authority; and
b: provides for the Trusts to make an Upper Waikato River integrated management plan.
3: Part 3
a: its own environmental plan; and
b: its own joint management agreements.
4: The following provisions apply to the Raukawa Settlement Trust:
a: the trustees may nominate an entity to carry out a duty or function for them, or exercise a power for them, under this Act:
b: the trustees make the nomination by giving written or electronic notice to the Crown, the Council, a local authority, or other person affected by the carrying out of the duty or function or the exercise of the power:
c: the trustees are not relieved of liability for the carrying out of the duty or function or the exercise of the power by making the nomination, unless the Crown agrees that they are.
7: Interpretation
1: In this Act,— Authority Council Minister
2: In this Act, unless the context requires another meaning,— appointer clause 2 business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 10 January in the following year; and
d: the days observed as the anniversaries of the provinces of Auckland and Wellington catchment
a: in sections 10 17 18 Schedule 1 A B
b: in sections 36(3) 37(5) 42(4) 44(1) and (2)﻿(a)﻿(i) 47 B
c: in sections 44(2)﻿(a)﻿(ii) 47 C commencement date
a: in Parts 1 3 section 2(1)
b: in the rest of this Act, the date of an Order in Council made under section 2(2) component section 36(3) consent authority Resource Management Act 1991 conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 Crown Public Finance Act 1989 deed
a: for Ngati Tuwharetoa, the deed in relation to co-management arrangements for the Waikato River between the Crown and the Tuwharetoa Maori Trust Board dated 31 May 2010:
b: for Raukawa, the deed in relation to a co-management framework for the Waikato River between the Crown and Raukawa and the trustees of the Raukawa Settlement Trust dated 17 December 2009:
c: for Te Arawa River Iwi, the deed in relation to a co-management framework for the Waikato River between the Crown and Te Arawa River Iwi and the trustees of Te Arawa River Iwi Trust dated 9 March 2010 department Public Service Act 2020 financial year Public Finance Act 1989 joint management agreement sections 43 to 57 local authority
a: for the purposes of sections 10 to 16 Schedules 2 4
i: means the Council and the territorial authorities whose boundaries fall within, or partly within, the areas marked A B
ii: does not include the Auckland Council:
b: for the purposes of sections 43 to 57
i: means the Council and the territorial authorities whose boundaries fall within, or partly within, the area marked B
ii: includes the territorial authorities whose boundaries fall within, or partly within, the area marked C section 44(2)﻿(a)﻿(ii)
c: for the purposes of any other provisions of this Act, has the meaning given to it by the Resource Management Act 1991 Ngati Tuwharetoa operational date
a: if paragraph (a) commencement date section 2(1)
b: if paragraph (b) commencement date public notice
a: in 1 or more daily newspapers circulating in the Waikato region; or
b: on an Internet site to which the public have free access Raukawa
a: the collective group of individuals who descend from Raukawa and affiliate to a Raukawa marae in the Waikato area; and
b: each individual referred to in paragraph (a)
c: the part of an iwi, hapu, whanau, or group of individuals made up of individuals referred to in paragraph (a) Raukawa Settlement Trust register section 26 Resource Management Act 1991 decision maker section 39A Resource Management Act 1991 planning document Resource Management Act 1991
a: a district plan:
b: a proposed district plan:
c: a regional plan:
d: a proposed regional plan:
e: a regional policy statement:
f: a proposed regional policy statement scoping study Te Arawa Lakes Te Arawa Lakes Settlement Act 2006 Te Arawa River Iwi Te Arawa River Iwi Trust Te Puaha o Waikato Tuwharetoa Maori Trust Board section 10
a: Ngati Tuwharetoa, as the board's beneficiaries within the meaning of the Maori Trust Boards Act 1955
b: the hapu of Ngati Tuwharetoa with interests in the Waikato River vision and strategy Schedule 1 Waikato River
a: in sections 10 17 18 21 23 24 27 33 46 Schedules 1 to 4
i: means the body of water known as the Waikato River flowing continuously or intermittently from Te Waiheke o Huka (from a point that Ngati Tuwharetoa know as Te Toka a Tia) to Te Puaha o Waikato to the extent to which it is within the areas marked A B
ii: includes the Waipa River from its junction with the Puniu River to its junction with the Waikato River to the extent to which the rivers are within the areas marked A B
iii: includes all tributaries, streams, and watercourses flowing into the rivers described in subparagraphs (i) and (ii) A B
iv: includes lakes and wetlands within the areas marked A B
v: includes the beds and banks of the water bodies described in subparagraphs (i) to (iv)
b: in sections 36 to 40 42 44 45 47 49 58 Schedule 5
i: means the body of water known as the Waikato River flowing continuously or intermittently from Te Waiheke o Huka (from a point that Ngati Tuwharetoa know as Te Toka a Tia) to Karapiro to the extent to which it is within the area marked B
ii: includes all tributaries, streams, and watercourses flowing into the part of the Waikato River described in subparagraph (i) B
iii: includes lakes and wetlands within the area marked B
iv: includes the beds and banks of the water bodies, other than the Te Arawa Lakes, described in subparagraphs (i) to (iii)
c: in sections 45 47 49
i: includes the Waipā River from its source to its junction with the Puniu River to the extent to which—
A: the Waipā River is within the area marked C
B: activities in the catchment of the Waipā River are included in a joint management agreement through the application of section 44(2)﻿(a)﻿(ii):
ii: includes all tributaries, streams, and watercourses flowing into the part of the Waipā River described in subparagraph (i) C
iii: includes lakes and wetlands associated with the part of the Waipā River described in subparagraph (i) C
iv: includes the beds and banks of the water bodies described in subparagraphs (i) to (iii) Waikato River Authority section 23 Waikato River Clean-up Trust section 33(2) Section 7(2) business day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 7(2) business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 7(2) department amended 7 August 2020 section 135 Public Service Act 2020 Section 7(2) Te Arawa Lakes inserted 20 March 2014 section 138(2) Raukawa Claims Settlement Act 2014 Section 7(2) Waikato River inserted 20 March 2014 section 138(3) Raukawa Claims Settlement Act 2014 Section 7(2) Waikato River inserted 20 March 2014 section 138(3) Raukawa Claims Settlement Act 2014 Section 7(2) Waikato River inserted 20 March 2014 section 138(3) Raukawa Claims Settlement Act 2014 Section 7(2) Waikato River replaced 20 March 2014 section 138(4) Raukawa Claims Settlement Act 2014 Section 7(2) Waikato River replaced 20 March 2014 section 138(4) Raukawa Claims Settlement Act 2014
8: Act binds the Crown
This Act binds the Crown.
2: Co-governance of Waikato River
9: Relationship with Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
The matters provided for in sections 10 to 35 sections 9 to 34 Recognition of vision and strategy for Waikato River Te Ture Whaimana
10: Scope of vision and strategy
1: The Waikato River and its contribution to New Zealand's cultural, social, environmental, and economic wellbeing are of national importance.
2: The vision and strategy applies to the Waikato River and activities within its catchment affecting the Waikato River.
3: The vision and strategy is Te Ture Whaimana o Te Awa o Waikato. Status
11: Relationship of sections 12 to 16 with Resource Management Act 1991
1: Sections 12 to 16 Resource Management Act 1991
2: Sections 12 to 16 sections 59 to 77
12: Vision and strategy is part of Waikato Regional Policy Statement
1: On and from the commencement date, the vision and strategy in its entirety is deemed to be part of the Waikato Regional Policy Statement without the use of the process in Schedule 1
2: As soon as reasonably practicable after the commencement date, the Council must—
a: insert the vision and strategy into the policy statement without using the process in Schedule 1
b: make consequential amendments to records and publications to reflect paragraph (a)
3: On and from the commencement date, the Council must ensure that the policy statement does not remain inconsistent with the vision and strategy for any longer than is necessary to amend the policy statement to make it consistent with the vision and strategy.
4: The vision and strategy prevails over the policy statement during any period of inconsistency described in subsection (3)
13: Effect of vision and strategy on Resource Management Act 1991 planning documents
1: The vision and strategy prevails over any inconsistent provision in—
a: a national policy statement issued under section 52
b: a New Zealand coastal policy statement issued under section 57 ; and
c: a national planning standard published under section 58F section 58C(1)﻿(b)
2: The Council must not review or amend under section 79
3: A local authority must not amend under section 55
3A: A local authority must not amend under section 58I section 58C(1)﻿(b)
4: A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a national environmental standard made under section 43
5: A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a water conservation order made under section 214 Section 13(1)﻿(b) amended 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 13(1)﻿(c) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 13(3A) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017
14: Updating Resource Management Act 1991 planning documents to conform with reviewed vision and strategy
1: The Council must follow the process in subsection (3), and every local authority must follow the process in subsection (4), after every vision and strategy review.
2: The local authority must begin the process—
a: no later than 6 months after the completion of the review under section 19
b: no later than 12 months after the completion of each review under section 20
3: The Council must—
a: review the Waikato Regional Policy Statement to see whether it is consistent with the vision and strategy; and
b: if the policy statement is inconsistent with the vision and strategy, initiate an amendment to it to make it consistent, using the process in Schedule 1
4: Every local authority must—
a: review its regional or district plan to see whether it gives effect to the vision and strategy; and
b: if the regional or district plan does not give effect to the vision and strategy, initiate an amendment to it to ensure that it does so, using the process in Schedule 1
5: Subsection (6) subsection (3) or (4)
6: The local authority must,—
a: as soon as practicable after the commencement of a review under subsection (3)﻿(a) or (4)﻿(a) section 48(2)﻿(a)
b: decide jointly with the Trust on the final recommendation on whether to make an amendment to a Resource Management Act 1991 section 48(2)﻿(b)
c: decide jointly with the Trust on the final recommendation on the content of a Resource Management Act 1991 clause 5 section 48(2)﻿(c)
d: discuss with the Trust the potential for the Trust to participate in the decisions on a Resource Management Act 1991 clause 10 section 48(2)﻿(d)
15: Effect of vision and strategy on resource consent conditions and designations
1: This section applies as follows:
a: it applies after a local authority has made the amendments required by section 14
b: it does not require a local authority or a requiring authority to act.
2: The local authority may begin a review under section 128
3: A requiring authority may give notice under section 181
16: Statement about vision and strategy in Conservation Act 1987 documents and Resource Management Act 1991 planning documents
1: This section applies to a person who prepares or changes any of the following documents:
a: a conservation management strategy or conservation management plan under the—
i: Conservation Act 1987
ii: National Parks Act 1980
iii: Reserves Act 1977
iv: Wild Animal Control Act 1977
v: Wildlife Act 1953
b: a freshwater fisheries management plan approved under the Conservation Act 1987
c: a sports fish management plan approved under the Conservation Act 1987
d: a Resource Management Act 1991 sections 10 to 15
2: The person must—
a: make an explicit statement in the document on how the vision and strategy has been given effect to; and
b: provide a copy of the statement to the Authority no later than 20 business days after the document has been completed.
17: Status of vision and strategy for other enactments
1: Subsections (2) to (6) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers for the Waikato River and activities in its catchment that affect the Waikato River under the Acts referred to in subsections (2) to (6).
2: For the purposes of the Conservation Act 1987 section 17B
3: For the purposes of the National Parks Act 1980 section 44
4: For the purposes of the Reserves Act 1977 section 15A
5: For the purposes of the Wild Animal Control Act 1977 section 5(1)﻿(ca)
6: For the purposes of the Wildlife Act 1953 section 14C
7: A conservation management strategy or a conservation management plan made under an Act referred to in any of subsections (2) to (6) must not derogate from a statement of general policy created by any of subsections (2) to (6) for any longer than is necessary to amend the strategy or plan to make it consistent with the vision and strategy.
8: The process for reviewing and, if necessary, amending the strategy or plan must begin—
a: no later than 6 months after the completion of the review under section 19
b: no later than 12 months after the completion of each review under section 20
9: The vision and strategy prevails over the strategy or plan during any period of inconsistency described in subsection (7)
10: A freshwater fisheries management plan approved under section 17K section 17M
11: Subsections (7) to (10) section 17K section 17M
12: To the extent to which it affects the Waikato River, a national energy efficiency and conservation strategy prepared and published under section 18
13: To the extent to which it affects the Waikato River, a management plan for a foreshore and seabed reserve prepared under section 44
14:
15: The vision and strategy prevails over any inconsistent provision in a bylaw made by a local authority, if it is more stringent than the bylaw. Section 17(14) repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013
18: Duty to have particular regard to vision and strategy
1: Subsections (2) and (5) subsections (4) and (7)
2: Subsection (3) subsection (4)
a: relate to—
i: the Waikato River; or
ii: activities in the catchment that affect the Waikato River; and
b: are not covered by sections 12 to 17
3: The person must have particular regard to the vision and strategy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers.
4: The enactments are the—
a: Conservation Act 1987
b: National Parks Act 1980
c: Reserves Act 1977
d: Resource Management Act 1991
e: Wild Animal Control Act 1977
f: Wildlife Act 1953
5: Subsection (6) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (7) if the functions or powers relate to—
a: the Waikato River; or
b: activities in the catchment that affect the Waikato River.
6: The person must have particular regard to the vision and strategy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers.
7: The enactments are the—
a: Biosecurity Act 1993
b: Fisheries Act 1996
c: Forests Act 1949
d: Health Act 1956
e: Heritage New Zealand Pouhere Taonga Act 2014
f: Land Drainage Act 1908
g: Local Government Act 1974
h: Local Government Act 2002
i: Native Plants Protection Act 1934
j: New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
k: Queen Elizabeth the Second National Trust Act 1977
l: River Boards Act 1908
m: Soil Conservation and Rivers Control Act 1941
n: Walking Access Act 2008 Section 18(7)﻿(e) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Reviews
19: Initial review
Within 3 months of the operational date, the Authority must begin a review of the vision and strategy—
a: for the purpose of considering whether targets and methods should be developed for inclusion in the vision and strategy; and
b: if it wishes, for the purpose of considering whether the vision and strategy should be amended in any other way.
20: Subsequent reviews
After the review described in section 19
21: Purpose and conduct of reviews
1: The Authority's purpose in reviewing the vision and strategy is to determine whether the Authority should recommend to the Crown and the other appointers that the vision and strategy be amended.
2: When reviewing the vision and strategy, the Authority—
a: must take the following into account, to the extent to which they are consistent with the overarching purpose of this Act:
i: iwi environmental plans to the extent to which they relate to the Waikato River:
ii: iwi objectives for the Waikato River:
iii: the report of the scoping study; and
b: may take into account any other documents that the Authority considers relevant to the health and wellbeing of the Waikato River.
3: When reviewing the vision and strategy, the Authority must follow the process in Schedule 2
4: The Authority—
a: may recommend that the vision and strategy include—
i: targets to achieve the vision and strategy; and
ii: methods to implement the vision and strategy; and
b: may recommend other amendments to the vision and strategy.
5: The Authority may make only those recommendations for amendments to the vision and strategy that are consistent with the overarching purpose of this Act. Amendments
22: Amendments made by Order in Council
1: The Governor-General may amend the vision and strategy by amending Schedule 1
2: The Governor-General may make an Order in Council under subsection (1) subsection (3)
3: The Minister must advise the Governor-General to make an Order in Council to amend the vision and strategy if—
a: the Crown and the other appointers each receive a written or electronic recommendation from the Authority under section 21
b: the recommendation sets out the amended vision and strategy in full and identifies the amendments; and
c: the recommendation complies with section 21(5)
d: the Crown and the other appointers agree in writing or electronically with one another to accept the recommendation.
4: An Order in Council made under this section must specify the date on which the amendments to the vision and strategy take effect.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Establishment of, and granting of functions and powers to, Waikato River Authority
23: Establishment and purpose of Authority
1: This Act establishes a statutory body called the Waikato River Authority.
2: The purpose of the Authority is to—
a: set the primary direction through the vision and strategy to achieve the restoration and protection of the health and wellbeing of the Waikato River for present and future generations:
b: promote an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the management of the Waikato River:
c: fund rehabilitation initiatives for the Waikato River in its role as trustee for the Waikato River Clean-up Trust.
3: The duty of the members of the Authority is to act to achieve the purpose of the Authority. General functions and powers
24: General functions
1: The principal function of the Authority is to achieve its purpose.
2: The other functions of the Authority are to—
a: engage with and provide advice to local authorities on amending Resource Management Act 1991
b: engage with and provide advice to the range of agencies with responsibilities relating to the Waikato River, including, without limitation, local authorities and biosecurity, conservation, and fisheries agencies, to achieve an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the management of the Waikato River:
c: act as trustee for the Waikato River Clean-up Trust and, in that capacity, administer the contestable clean-up fund for the Waikato River:
d: engage with and provide advice to the Environmental Protection Authority:
e: monitor—
i: the carrying out, effectiveness, and achievement of the principal function of the Authority:
ii: the implementation, effectiveness, and achievement of the vision and strategy, including any targets and methods:
iii: the implementation, effectiveness, and achievement of clean-up initiatives funded by the Waikato River Clean-up Trust:
f: report at least every 5 years to the Crown and the other appointers on the results of the monitoring carried out under paragraph (e):
g: periodically review the vision and strategy and, at the Authority's discretion, recommend amendments to it to the Crown and the other appointers:
h: request call-ins under the Resource Management Act 1991
i: establish and maintain the register:
j: appoint commissioners to sit on hearings committees or boards of inquiry when required to do so under section 29 30
25: General powers
1: The Authority has full capacity, and the full rights, powers, and privileges entailed by that capacity, to do any act or activity or enter any transaction, subject to the following:
a: the Authority has the capacity, rights, powers, and privileges for the purpose only of carrying out its functions; and
b: the Authority's capacity, rights, powers, and privileges are subject to this Act, other enactments, and the common law.
2: The Authority may prescribe a fee for the purposes of clause 16(3) Resource consent functions
26: Accredited commissioners
The Authority must establish and maintain a register of persons who—
a: are Resource Management Act 1991
b: have been appointed for inclusion on the register by iwi who appoint members of the Authority.
27: Sections 28 to 32 apply to applications for resource consents relating to Waikato River
Sections 28 to 32
a: to take, use, dam, or divert water in the Waikato River:
b: to be allowed to make a point source discharge to the Waikato River:
c: to do any activity listed in section 13
28: Notice of applications
1: The Council must give written or electronic notice to the Authority and each Trust of the receipt of an application.
2: The Council must give the notice no later than 5 business days after receiving the application.
29: Hearing committees
1: This section applies if the Council holds a hearing under the Resource Management Act 1991
2: The committee to hear and make a decision on the application must consist of—
a: a number of members appointed by the Council who are Resource Management Act 1991
b: the same number of members appointed by the Authority who must be persons whose names are recorded in the register; and
c: an independent chairperson jointly appointed by the Authority and the Council, who must be a Resource Management Act 1991
3: The Authority and the Council must discuss the persons to be appointed to the hearing committee with a view to ensuring that the committee contains members with an appropriate mix of skills, expertise, and experience.
30: Call-ins
1: This section applies if an application is called in and referred to a board of inquiry under Part 6AA
2: As soon as practicable, the Environmental Protection Authority must serve notice on the Authority of the decision to call in the application.
3: As soon as practicable, the Minister must request from the Authority the names of persons for appointment to the board, seeking the name of 1 person if the board is to have 3 appointees and the names of 2 persons if the board is to have 5 appointees.
4: Within 10 business days of receiving the request, the Authority must give the Minister the number of names sought by the Minister, taking the names from the register.
5: The board must consist of—
a: the persons named under subsection (4)
b: the same number of other persons; and
c: a chairperson appointed under section 149J(3)﻿(b)
6: The Authority and the Minister must discuss the persons to be appointed to the board with a view to ensuring that the board contains members with an appropriate mix of skills, expertise, and experience.
7: Persons appointed under subsection (5) section 149J
31: Section 100A of Resource Management Act 1991
1: This section applies if the Council receives a request under section 100A
2: The Council must delegate the hearing duties, functions, and powers only of the persons it must appoint under section 29(2)﻿(a) section 29(2)﻿(b)
3: The Council must ensure that the number of commissioners delegated to hear the application is equal to the number of members appointed under section 29(2)﻿(b)
4: The commissioners delegated to hear the application are—
a: the commissioners to whom the Council delegates hearing duties, functions, and powers under subsection (2) section 100A
b: the persons whom the Authority appoints under section 29(2)﻿(b) section 100A
c: the independent chairperson appointed under section 29(2)﻿(c) section 100A
32: Section 147(1)﻿(c) of Resource Management Act 1991
Section 29 section 145 section 147(1)﻿(c) Waikato River Clean-up Trust function
33: Trustee
1: The Authority is the trustee of the Waikato River Clean-up Trust.
2: The Waikato River Clean-up Trust is established on the operational date.
3: The object of the trust is the restoration and protection of the health and wellbeing of the Waikato River for present and future generations.
4: The terms of the trust are set out in Schedule 3
5: The trustee of the trust is deemed to satisfy the requirements of section CW 41(5)﻿(a) Administrative provisions
34: Presentation of annual reports
The Minister must present to Parliament each annual report the Minister receives from the Authority within 1 month of receiving the report.
35: Other provisions on Authority
Schedule 4 Upper Waikato River integrated management plan
36: Meaning of Upper Waikato River integrated management plan
1: An Upper Waikato River integrated management plan is a plan that—
a: has the purpose described in subsection (2)
b: contains all or some of the components described in subsection (3)
2: The purpose is to achieve an integrated approach between the Trusts that prepare the plan, relevant departments, relevant local authorities, and appropriate agencies to the management of aquatic life, habitats, and natural resources within the Waikato River consistent with the overarching purpose of this Act.
3: The components are—
a: a conservation component, which is a component on issues related to conservation management under the conservation legislation:
b: a fisheries component, which is a component on issues related to fisheries management under the Fisheries Act 1996
c: a regional council component, which is a component on issues related to the resource management, biosecurity, and local government functions of the Council under the Resource Management Act 1991 Biosecurity Act 1993 Local Government Act 2002
d: any other component agreed between the Trusts that prepare the plan and an appropriate agency, including a local authority, responsible for—
i: administering enactments that affect the Waikato River and activities in its catchment that affect the Waikato River; or
ii: carrying out functions or exercising powers under enactments that affect the Waikato River.
37: Preparation and approval of plan
1: For Ngati Tuwharetoa, the Trust must give the other Trusts written or electronic notice within 60 business days of the commencement date as to whether the Trust wishes to participate in the preparation and approval of the Upper Waikato River integrated management plan.
2: For Raukawa and Te Arawa River Iwi, the Trusts must prepare the plan together with relevant departments, relevant local authorities, and appropriate agencies, and the Trust for Ngati Tuwharetoa if it wishes to participate,—
a: following the process in Schedule 5
b: acting in a co-operative and co-ordinated manner.
3: A component becomes a component of the plan when it is approved as follows:
a: the conservation component must be approved jointly by the Trusts that prepared the plan and the Minister of Conservation:
b: the fisheries component must be approved jointly by the Trusts that prepared the plan and the Minister of Fisheries:
c: the regional council component must be approved jointly by the Trusts that prepared the plan and the Council:
d: any other component must be approved jointly by the Trusts that prepared the plan and the agency that agreed on it.
4: If a component cannot be approved under subsection (3) subsection (3)
5: Within 3 years of the operational date, an Upper Waikato River integrated management plan for the Waikato River and its catchment must exist containing the components that have been approved under subsection (3)
38: Effect of components
1: This section states the effects of the components of the Upper Waikato River integrated management plan.
2: The conservation component is, for the purposes of the Conservation Act 1987
a: a conservation management plan under section 17E
b: a freshwater fisheries management plan under section 17J
3: The fisheries component is a fisheries plan under section 11A
4: The regional council component means that a relevant local authority that is preparing, reviewing, or changing a Resource Management Act 1991
5: The other component has the effect agreed between the Trusts that prepared the plan and the appropriate agency.
39: Review and amendment of plan
The Upper Waikato River integrated management plan may be reviewed and amended—
a: as a combined initiative of the Trusts that prepared the plan, and the Trust for Ngati Tuwharetoa if it did not participate in the preparation of the plan and decides under clause 4(4)
b: wholly or as to an individual component; and
c: from time to time; and
d: following the process in Schedule 5
40: What plan does not do
The Upper Waikato River integrated management plan does not—
a: displace or derogate from the tikanga of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi:
b: displace or derogate from any agreements or arrangements between Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi and the Crown, local authorities, statutory authorities, or any other person:
c: preclude or otherwise limit the ability of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi to enter into any agreements or arrangements with the Crown, local authorities, statutory authorities, or any other person.
3: Upper Waikato River co-management arrangements
Environmental plan
41: Preparation and availability
1: Each Trust may prepare an environmental plan.
2: If a Trust decides to prepare a plan, the plan—
a: must be served on the Director-General of Conservation, the chief executive of the Ministry of Fisheries, relevant local authorities, and any other relevant agency:
b: must be available to the public for inspection at the offices of the Trust, the relevant local authorities, and any other relevant agency:
c: may be reviewed and amended from time to time by the Trust.
42: Effect
1: A local authority served under section 41(2)﻿(a) Resource Management Act 1991
2: A consent authority considering an application for a resource consent under section 104
3: A person carrying out functions or exercising powers under sections 12 to 14
4: A person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River and its catchment must have particular regard to the environmental plan to the extent to which its contents relate to the functions or powers. Joint management agreement
43: Duty to make
1: A joint management agreement must be in force between each local authority and each Trust no later than,—
a: for Ngati Tuwharetoa,—
i: 18 months after the local authority receives a notice from the Trust under section 50(1)
ii: a later date that the authority and the Trust agree on electronically or in writing:
b: for Raukawa and Te Arawa River Iwi,—
i: 18 months after the operational date; or
ii: a later date that the authority and the Trust agree on electronically or in writing.
2: Each joint management agreement must be generally in the form set out in the applicable part of the schedule of the deed.
44: Scope
1: For Ngati Tuwharetoa, a joint management agreement—
a: must cover no other subject matter than—
i: matters relating to the Waikato River and activities within its catchment affecting the Waikato River:
ii: matters relating to the waterways within Taupo Waters (as defined in clause 3 of the deed), if the local authority and the Trust agree to the matters being covered in the agreement:
b: must cover the matters referred to in section 45
c: may cover additional duties, functions, or powers agreed under section 54
2: For Raukawa, a joint management agreement—
a: must cover no other subject matter than—
i: matters relating to the Waikato River and activities within its catchment affecting the Waikato River:
ii: matters relating to activities in the catchment of the Waipa River from its source to its junction with the Puniu River to the extent to which the matters relate to the Raukawa interests in the catchment if the matters set out in parts 5 and 6 of the deed are applied to the Waipa River:
b: must cover the matters referred to in section 45
c: may cover additional duties, functions, or powers agreed under section 54
3: For Te Arawa River Iwi, a joint management agreement—
a: must cover no other subject matter than matters relating to the Waikato River and activities within its catchment affecting the Waikato River:
b: must cover the matters referred to in section 45
c: may cover additional duties, functions, or powers agreed under section 54
45: Contents
1: A joint management agreement must provide for the local authority and the Trust to work together in carrying out the following duties and functions, and exercising the following powers, in the Resource Management Act 1991
a: monitoring and enforcement, under section 47
b: preparation, review, change, or variation of a Resource Management Act 1991 section 48
c: duties, functions, or powers under Part 6 section 49
2: A joint management agreement must provide a process for the local authority and the Trust to explore—
a: whether customary activities could be carried out by the iwi on the Waikato River without the need for a statutory authorisation from the local authority; and
b: in particular, whether customary activities could be provided for as permitted activities in relevant regional plans or district plans.
46: Principles for development and operation
In working together to develop the joint management agreement, and in working together under the joint management agreement, the local authority and the Trust must act in a manner consistent with the following guiding principles:
a: they must promote the overarching purpose of this Act to restore and protect the health and wellbeing of the Waikato River for present and future generations:
b: they must respect the mana whakahaere rights and responsibilities of the iwi:
c: they must promote the principle of co-management:
d: they must reflect a shared commitment to—
i: working together in good faith and a spirit of co-operation:
ii: being open, honest, and transparent in their communications:
iii: using their best endeavours to ensure that the purpose of the joint management agreement is achieved in an enduring manner:
e: they must recognise that the joint management agreement operates within statutory frameworks and that complying with those statutory frameworks, meeting statutory timeframes, and minimising delays and costs are important.
47: Monitoring and enforcement
1: This section applies to monitoring and enforcement relating to the Waikato River and activities within its catchment affecting the Waikato River.
2: The part of the joint management agreement on monitoring and enforcement must provide for the local authority and the Trust to—
a: meet no less than twice each year to—
i: discuss and agree the priorities for the monitoring of those matters set out in section 35(2)﻿(a) to (e)
ii: discuss and agree the methods for and extent of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
iii: discuss the potential for the iwi to participate in the monitoring of those matters set out in section 35(2)﻿(a) to (e)
b: meet no less than twice each year to discuss appropriate responses to address the outcomes of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
i: the potential for review of Resource Management Act 1991
ii: enforcement under the Resource Management Act 1991
c: agree appropriate procedures for reporting back to the Trust on the enforcement action taken by the local authority:
d: discuss and agree the role of the Trust in the 5 yearly review provided for in section 35(2A)
e: discuss the potential for persons nominated by the Trust to participate in enforcement action under the Resource Management Act 1991
3: The local authority and the Trust each bears its own costs of complying with this section.
4: Schedule 7
48: Preparation, review, change, or variation of Resource Management Act 1991 planning document
1: This section applies to preparing, reviewing, changing, or varying a Resource Management Act 1991
2: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991
a: that, before the preparation, review, change, or variation commences, the local authority and the Trust must convene a joint working party to discuss and recommend to the local authority—
i: the process to be adopted for the preparation, review, change, or variation; and
ii: the general form and content of any document to be drafted for the purposes of consultation or notification under clause 5
b: that the local authority and the Trust must decide jointly on the final recommendation to the local authority on whether to commence a review of, and whether to make an amendment to, a Resource Management Act 1991
c: that the local authority and the Trust must decide jointly on the final recommendation to a local authority on the content of a Resource Management Act 1991 clause 5
d: that the local authority and the Trust must discuss the potential for the Trust to participate in making decisions on a Resource Management Act 1991 clause 10
3: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991 Part 2 of Schedule 1
4: The local authority and the Trust each bears its own costs of complying with this section.
5: Schedule 7
49: Resource consent process
1: This section applies to—
a: applications to the Council for resource consent to—
i: dam, divert, take, or use, water from or in the Waikato River:
ii: discharge a contaminant or water into the Waikato River:
iii: discharge a contaminant onto or into land in circumstances that will result in the contaminant entering the Waikato River:
iv: discharge a contaminant onto or into land in circumstances that will result in another contaminant emanating as a result of natural processes from the former contaminant entering the Waikato River:
v: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of structure in, on, under, or over the bed or banks of the Waikato River:
vi: drill, excavate, tunnel, or otherwise disturb the bed or banks of the Waikato River:
vii: deposit a substance in, on, or under the bed or banks of the Waikato River:
viii: reclaim or drain the bed of the Waikato River:
ix: enter onto or pass across the bed of the Waikato River:
x: introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:
xi: damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:
xii: damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:
xiii: damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of the Waikato River:
b: applications to a territorial authority for resource consent for the use of or activities on the surface of the water in the Waikato River.
2: The part of the joint management agreement on the resource consent process must provide that—
a: the local authority must provide the Trust with information on the applications for resource consents the local authority receives:
b: the information must be—
i: the same as would be given to affected persons through limited notification under section 95B
ii: the information that the local authority and the Trust agree on:
c: the information must be provided as soon as reasonably practicable after the application is received and before a determination is made under sections 95A to 95C
d: the local authority and the Trust must jointly develop and agree criteria to assist local authority decision-making under the following processes or sections of the Resource Management Act 1991
i: best practice for pre-application processes:
ii: section 87E
iii: section 88(3)
iv: section 91
v: section 92
vi: sections 95 to 95F
vii: sections 127 128
3: The criteria developed and agreed under subsection (2)﻿(d)
a: are additional to, and must not derogate from, the criteria that the local authority must apply under the Resource Management Act 1991
b: do not impose a requirement on a consent authority to change, cancel, or review consent conditions.
4: The local authority and the Trust each bears its own costs of complying with this section.
5: Schedule 7
50: Process for finalising
Convening joint committee
1: For Ngati Tuwharetoa, the local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 business days of the local authority receiving from the Trust a written or electronic notice to convene the committee.
2: For Raukawa and Te Arawa River Iwi, the local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 business days of the operational date. Working together positively
3: The local authority and the Trust must work together in a positive and constructive manner to finalise the joint management agreement within the timeframe in section 43 section 46
4: The local authority and the Trust may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the joint management agreement. Advising Minister of progress
5: In subsection (6) relevant date
a: for Ngati Tuwharetoa,—
i: the date on which the local authority receives a notice from the Trust under subsection (1)
ii: a later date that the authority and the Trust agree on electronically or in writing:
b: for Raukawa and Te Arawa River Iwi,—
i: the operational date; or
ii: a later date that the authority and the Trust agree on electronically or in writing.
6: No later than 14 months after the relevant date, the local authority and the Trust must give written or electronic notice to the Minister and the Trust—
a: confirming that all matters relating to the joint management agreement have been agreed; or
b: identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues; or
c: notifying an electronic or written agreement to extend the date by which a joint management agreement must be in force.
7: If notice is given under subsection (6)﻿(a)
8: For Ngati Tuwharetoa, if notice is given under subsection (6)﻿(b)
9: For Raukawa and Te Arawa River Iwi, if notice is given under subsection (6)﻿(b)
a: the Minister and the Trust must jointly forward the notice to the Authority:
b: within 2 months of receiving the notice, the Authority must consult with local authorities and the Trust and—
i: make a written or electronic recommendation to the Minister and the Trust on how some or all of the issues in dispute should be determined, having particular regard to the principles set out in section 46
ii: if the members of the Authority are unable to reach a decision on any of the issues in dispute, give written or electronic notice to the Minister and the Trust that the Authority is unable to make a recommendation on how the issues in dispute should be determined:
c: the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues.
10: The working together under subsection (8) or (9)﻿(c) Agreement finalised without ministerial involvement
11: If, at the end of 2 months, all matters relating to the joint management agreement have been resolved, the local authority and the Trust must finalise the joint management agreement and give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force. Agreement finalised with ministerial involvement
12: If, at the end of 2 months, an issue relating to the joint management agreement remains in dispute, the Minister must determine the issue. In making a determination, the Minister—
a: must have particular regard to the principles set out in section 46
b: for Raukawa and Te Arawa River Iwi, must have particular regard to any recommendations made by the Authority under subsection (9)﻿(b)﻿(i)
c: for Raukawa and Te Arawa River Iwi, may consult the Authority.
13: When the local authority and the Trust have the Minister's determination, they must—
a: finalise the joint management agreement; and
b: give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force.
14: The Minister may appoint a facilitator or take any other action that the Minister considers appropriate to promote the resolution of any issues in dispute between the local authority and the Trust.
15: If notice is given under subsection (6)﻿(c)
a: confirming that—
i: all matters relating to the joint management agreement have been agreed; and
ii: the joint management agreement will be in force on the extended date; or
b: identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues.
16: If notice is given under subsection (15)﻿(b) subsections (8) to (14) Agreement may come into force in stages
17: The local authority and the Trust may agree that a joint management agreement is to come into force in stages. Minister must get copy of agreement
18: When the local authority and the Trust give notice to the Minister of the date on which the joint management agreement is to come into force, they must also give the Minister a copy of the agreement. Schedule 7 of Local Government Act 2002 excluded
19: Schedule 7
51: Suspension
1: The local authority and the Trust may agree in writing or electronically to suspend, wholly or partly, the operation of the joint management agreement.
2: In reaching an agreement, the parties must specify the scope and duration of the suspension.
52: Waiver of rights
1: The Trust may give written or electronic notice to the local authority that it waives a right provided for in the joint management agreement.
2: The Trust must specify the extent and duration of the waiver in the notice.
3: The Trust may at any time revoke a notice of waiver by written or electronic notice to the local authority.
53: Legal framework
1: Sections 36B
2: The carrying out of a duty or function, or the exercise of a power, under a joint management agreement has the same legal effect as the carrying out of a duty or function, or the exercise of a power, by a local authority.
3: A local authority must not use the special consultative procedure under section 83
4: A joint management agreement is enforceable between the parties to it.
5: Neither party has the right to terminate a joint management agreement.
54: Extension
1: The local authority and the Trust may agree to extend the joint management agreement to cover duties, functions, or powers that are additional to those specified in section 45
2: If the local authority and the Trust agree to extend the joint management agreement to cover additional duties, functions, or powers, subsections (3) to (6)
3: The extended part of the joint management agreement is subject to sections 51 to 53 55 to 57
4: The extended part of the joint management agreement may be terminated wholly or partly by one party giving the other party 20 business days' written or electronic notice.
5: Before either party exercises the right in subsection (4) section 46
6: Termination under subsection (4)
55: Review and amendment
1: The local authority and the Trust may at any time agree in writing or electronically to undertake a review of the joint management agreement.
2: If, as a result of a review, the local authority and the Trust agree in writing or electronically that the joint management agreement should be amended, they may amend the joint management agreement without further formality.
3: If the joint management agreement is amended, the local authority and the Trust must—
a: give written or electronic notice of the amendment to the Minister; and
b: provide a copy of the amended joint management agreement to the Minister.
56: Other powers not affected
The provisions of this Act relating to joint management agreements do not preclude the local authority from—
a: making any other joint management agreement with the Trust under the Resource Management Act 1991
b: making any other co-management arrangement with the Trust under any enactment:
c: making a transfer or delegation to the Trust under any enactment.
57: Exercise of powers in certain circumstances
1: This section applies if—
a: a statutory function or power is affected by a joint management agreement; and
b: either—
i: an emergency situation arises; or
ii: a statutory timeframe for the carrying out of the function or the exercise of the power is not able to be complied with under the joint management agreement.
2: The local authority may carry out the function or exercise the power on its own account and not in accordance with the joint management agreement.
3: As soon as practicable, the local authority must give the relevant Trust written or electronic notice of the carrying out of the function or the exercise of the power. Miscellaneous
58: Regulations and bylaws
1: The Governor-General may, by Order in Council, make regulations consistent with the overarching purpose of this Act for the management of aquatic life, habitats, and natural resources managed under the conservation legislation.
2: Within 2 years of the operational date, the Minister of Fisheries must recommend to the Governor-General the making of regulations under the Fisheries Act 1996
3: Within 80 business days of the operational date, the Minister of Fisheries must recommend to the Governor-General the making of regulations under the Fisheries Act 1996
4: The Minister of Fisheries must make any bylaws recommended under subsection (3), unless the Minister is satisfied that the proposed bylaws would have an undue adverse effect on fishing.
5: Regulations under subsection (1) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 58(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
59: Limitation on regulations and bylaws
Regulations must not be made under section 58
a: displace or otherwise derogate from—
i: the tikanga of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi; or
ii: any agreements or arrangements between Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi and any Crown agency, local authority, or other person; or
iii: the Te Arawa Lakes (Fisheries) Regulations 2006
b: have an undue adverse effect on the rights, benefits, and duties of a mandated iwi organisation (as defined in the Maori Fisheries Act 2004
c: preclude or otherwise limit the ability of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi to enter any agreements or arrangements with any Crown agency, local authority, or other person.
60: Accords
1: In relation to Ngati Tuwharetoa, the Crown and the Trust may enter into accords.
2: In relation to Raukawa and Te Arawa River Iwi, the Crown must actively engage with the Trusts to ensure that the accords referred to in clauses 8.1 to 8.5 of the deeds are entered into—
a: as expeditiously as possible; and
b: before—
i: the operational date; or
ii: another date that the Crown and each Trust individually agree on in writing or electronically.
3: The terms of an accord may be varied by agreement between the Crown and the Trust in accordance with the accord's terms.
61: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act, including section 11
a: each Trust and the Waikato River Clean-up Trust may exist in law; or
b: the trustees of each Trust and the Waikato River Clean-up Trust may hold or deal with property or income from property in their capacity as trustees.
2: No rule of law or provisions of an Act, including section 11 Section 61 replaced 30 January 2021 section 161 Trusts Act 2019
62: Authority and Trusts: public bodies, entities, and authorities
1: The Authority and each Trust is a public body for the purposes of clause 30
2: The Authority is a public entity as defined in section 4
3: The Authority is a public authority for the purposes of the definition of public authority in the Resource Management Act 1991
4: Each Trust—
a: is a public authority for the purposes of paragraph (a) of the definition of public authority in the Resource Management Act 1991
b: is a public authority for the purposes of paragraph (b) of the definition of public authority in the Resource Management Act 1991