Resource Management (Waitaki Catchment) Amendment Act 2004

1: Title
1: This Act is the Resource Management (Waitaki Catchment) Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to require the allocation of water in the Waitaki catchment on a basis consistent with the purpose and principles of the principal Act and, to this end,—
a: to establish the Waitaki Catchment Water Allocation Board; and
b: to require the Board to develop and approve a regional plan for water allocation that is—
i: to have effect as if it were a regional plan developed and approved under the principal Act by the Canterbury Regional Council; and
ii: to provide expressly for certain matters; and
c: to defer the hearing of certain applications for resource consents relating to the Waitaki catchment until the regional plan for the allocation of water is operative.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Board section 5 regional plan Part 3 Waitaki catchment
a: means the area of land bounded by watersheds draining into the Waitaki River; and
b: includes aquifers wholly or partially within that area of land Waitaki River
2: Terms and expressions used but not defined in this Act have the same meaning as in the principal Act.
2: Waitaki Catchment Water Allocation Board
5: Establishment of Board
1: This section establishes the Waitaki Catchment Water Allocation Board.
2: The Board is a body corporate.
3: The Board continues in existence until dissolved in accordance with section 11
6: Function of Board
1: The function of the Board is to develop and approve a regional plan in accordance with Part 3
2: The Board must complete its function within 12 months after—
a: the day on which all the members of the Board are appointed; or
b: if all the members of the Board are not appointed on the same day, the day by which 3 members are appointed.
7: Powers of Board
1: For the purpose of carrying out its function, the Board has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a)
2: Subsection (1)
8: Membership of Board
1: The Board comprises not fewer than 3 and not more than 7 members appointed by the Minister.
2: In appointing members to the Board, the Minister must have regard to the need among the members of the Board for knowledge, skill, and experience in relation to—
a: the Resource Management Act 1991
b: matters likely to come before the Board about water allocation and river ecology; and
c: the Waitaki catchment; and
d: tikanga Maori (Ngai Tahu customary values and practice); and
e: in the case of the chairperson of the Board, judicial processes.
3: The chairperson of the Board is the member appointed by the Minister to be the chairperson.
4: The deputy chairperson of the Board is the member appointed by the Minister to be the deputy chairperson.
5: A member may be removed from office at any time by the Minister, by notice in writing, for inability to perform the functions of office, legal incapacity, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
6: A member of the Board may resign by notice in writing to the Minister.
9: Minister may arrange for work to be done for, or supply information to, Board
The Minister may, to assist the Board in carrying out its functions,—
a: arrange for work to be done for the Board:
b: supply any information to the Board.
10: Further provisions applying to Board
The provisions set out in Schedule 1
11: Dissolution of Board
1: The Board is dissolved on such date as may be specified by the Governor-General by Order in Council.
2: An Order in Council may not be made under subsection (1) Amendment to Official Information Act 1982
12: Official Information Act 1982 The Official Information Act 1982 Schedule 1 Waitaki Catchment Water Allocation Board .
3: Regional plan for allocation of water in Waitaki catchment
13: Regional plan for allocation of water
In carrying out its function under section 6
a: water that is or may be taken from, or used in, the Waitaki catchment in accordance with section 14(3)(b) (e)
b: water to sustain the intrinsic values and amenity values that the Board identifies and determines should be sustained in the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands, and aquifers; and
c: the allocation of water to activities, as appropriate; and
d: the management of allocated water, including methods that provide for dealing with periods of time or seasons when the level or flow of water is low.
14: Status of regional plan
1: The regional plan developed and approved under this Part, when it is operative in accordance with section 27
a: is the Canterbury regional plan for the allocation of water in that part of the Waitaki catchment that is within the Canterbury region; and
b: may be reviewed and changed by the Canterbury Regional Council in accordance with the provisions of the principal Act, but not sooner than 2 years from the date when the regional plan referred to in this subsection becomes operative.
2: All the provisions of the principal Act that apply to regional plans apply to the regional plan referred to in subsection (1)
3: Subsection (2) Other regional plans
15: Other regional plans of Canterbury Regional Council
When the regional plan developed and approved under this Part is operative in accordance with section 27
a: in a manner that is consistent with the regional plan developed and approved under this Part; and
b: provided the plan does not deal with the allocation of water in the Waitaki catchment.
16: Otago Regional Water Plan
1: The Board may change the Otago Regional Water Plan as it relates to the Waitaki catchment as necessary to ensure that the Otago Regional Water Plan gives effect to the regional plan developed and approved under this Part.
2: A change made to the Otago Regional Water Plan under subsection (1)
3: The Otago Regional Water Plan may be reviewed and changed by the Otago Regional Council in accordance with the provisions of the principal Act.
1: Development of regional plan
17: Development of regional plan by Board
1: The Board must develop and approve a regional plan in accordance with this Part.
2: For the purposes of subsection (1) Matters relevant to the regional plan
18: Application of principal Act to development, contents, and approval of regional plan
1: The principal Act, including the provisions of Part 2
2: Except as provided in subsection (3)
a: section 37(1)(a) 5
b: Resource Management (Energy and Climate Change) Amendment Act 2004
3: Sections 63(1) 66(2A) 67(1) (2)(a) 68(1) (2) (3) (5) (7) 69 70 77A to 77D Evaluation
19: Evaluation of policies, rules, and other methods
1: The Board must, during the development of the proposed regional plan under this subpart, examine the policies, rules, and other methods of that plan in accordance with the requirements of section 32(3)(a) (b) (4)
2: The Board must include in that plan its reasons for adopting in that plan the policies, rules, and other methods.
2: Procedures
20: Procedures for development and approval of regional plan by Board
1: Schedule 1
2: However, clauses 3(1) (2) 5(1) (1C) to (5) 7(1)(a) (b) 10(2) (3) 11 16(2) 16A to 17 subsection (1)
21: Information requirements of Board
1: The Board may, for the purpose of performing its function under this Act,—
a: require reports to be provided to it on any matter relevant to the development of the regional plan under this Part; and
b: require information to be provided to it in relation to an existing permit relating to the Waitaki catchment or an application listed in Schedule 2
i: the holder of a water permit or associated resource consent:
ii: an applicant for a water permit or associated resource consent:
iii: a requiring authority that has issued a notice of requirement for a designation; and
c: require information or assistance to be given to it on any matter relevant to the development of the regional plan referred to in paragraph (a)
i: the Canterbury Regional Council:
ii: the Otago Regional Council:
iii: any territorial authority within the Canterbury or Otago regions.
2: The Board may, in exercising its function under this Act, have regard to any relevant information it receives (whether the information is prepared before or after the commencement of this Act), including any submissions made in relation to an application listed in Schedule 2
3: If the Board requires new information or assistance from a local authority under subsection (1)(c)
22: Disclosure of information
The Board must, 5 working days before the hearing held under section 24
a: where the reports may be inspected; and
b: where copies may be obtained on payment of the fee (if any) specified in the notice.
23: Submissions
1: Any person may make a submission to the Board on the regional plan developed under this Part, after its public notification under clause 5
2: A submission made under subsection (1)
24: Board must hear submissions
1: The Board must hold a hearing into submissions made under section 23
2: The hearing must be held in public, except to the extent that there is evidence or information to which section 42(1)
3: In conducting the hearing, the Board—
a: must keep a written record of the hearing; and
b: may allow cross-examination of witnesses; and
c: may summon witnesses; and
d: may take evidence on oath, and for that purpose the chairperson of the Board, or his or her deputy, may administer an oath.
25: Effect of regional plan
The regional plan developed under this Part is of no effect until—
a: it has been approved by the Board under section 26
b: it has become operative in accordance with section 27 Approval of regional plan
26: Approval of regional plan by Board
1: The regional plan must be approved at a meeting of the Board attended by all members.
2: If the Board cannot reach a unanimous decision to approve the regional plan referred to in subsection (1)
a: each member of the Board must vote individually on whether or not to approve that plan; and
b: the decision of the Board must be decided by a majority of the valid votes cast by the members in accordance with the procedures of the Board.
3: The regional plan referred to in subsection (1)
a: the Board's reasons for adopting the provisions of that plan; and
b: a list of the reports the Board has considered. When regional plan becomes operative
27: Operative date
Except to the extent that there is an outstanding appeal on a point of law, the regional plan developed and approved under this Part becomes operative on the day that is 15 working days after the date on which that plan is approved by the Board under section 26 Effect of regional plan developed and approved by Board on existing instruments
28: Effect on regional policy statements and regional plans
If the provisions of a regional policy statement or regional plan that applies to any part of the Waitaki catchment are inconsistent with the regional plan developed and approved under this Part, the provisions of the regional plan developed and approved under this Part prevail.
3: Right of appeal
29: Appeal to High Court on question of law
1: A person who made a submission under section 23 section 26
2: A local authority that is located in whole or in part within the Waitaki catchment, and that is dissatisfied with the decision of the Board to approve the regional plan under section 26 section 23
3: An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with sections 300 to 307
4: Sections 300 to 308 sections 300(3) 301(1)(d) subsection (1)
a: to a party to, or a person who appeared in, a proceedings were a reference to a person or a local authority who made a submission under section 23
b: to the Environment Court or Court, were a reference to the Board; and
c: to the Registrar of the Environment Court, were a reference to the Board; and
d: a decision, report, or recommendation of the Environment Court, were a reference to the regional plan developed and approved under this Part.
5: The decision of the Board to approve the regional plan under section 26 Part 10
4: Processing of applications
30: Interpretation
1: In this Part, application Schedule 2
2: The Governor-General may, by Order in Council, amend Schedule 2
a: any application for a water permit, and any associated land use consent or discharge permit, for any activity in the Waitaki catchment:
b: any land use consent or discharge permit associated with an application for a water permit referred to in Schedule 2
c: any notice of requirement for a designation in the Waitaki catchment. Decisions on applications to be made after regional plan developed and approved
31: Consideration and decision on applications deferred
1: A local authority must not consider and decide an application unless the regional plan developed and approved under Part 3
2: Section 88A
32: Ministerial call-in cancelled
If an application is subject to a direction by the Minister under section 140 Hearing and decision on applications
33: Powers of local authority in relation to hearing applications
In carrying out its functions under this Part, a local authority—
a: must publicly notify an application (whether previously notified or not) if, had the application been made after the regional plan developed and approved under Part 3
i: would have been required to notify the application; or
ii: would, in the exercise of a discretion, have decided to notify the application; and
b: may consider any evidence presented to the Board; and
c: must consider all relevant submissions lodged with the local authority or the Minister whether before, on, or after the commencement of this Act.
34: Resource Management Amendment Act 2003
1: The amendments made to the principal Act by the Resource Management Amendment Act 2003
2: This section overrides section 112 Resource Management Amendment Act 2003
35: Resource Management (Energy and Climate Change) Amendment Act 2004 The Resource Management (Energy and Climate Change) Amendment Act 2004 Appeals
36: Appeals to be treated as priority fixture
An appeal to the Environment Court under this Part must be heard and determined as if it had been granted a priority fixture by the Environment Court.
37: Documents to be lodged by local authority with Registrar
1: A local authority must, within 15 working days after the date on which notice of appeal is lodged, send to the Registrar of the Environment Court—
a: two copies of the application, documents, written submissions, statements, reports, and other papers lodged with the local authority and relating to the decision appealed from; and
b: any exhibits in the custody of the local authority; and
c: two copies of the whole of the decision appealed from.
2: Subsection (1)
3: If there has been a hearing before the local authority, the local authority must also send to the Registrar 2 copies of the written record of the hearing and made for the purposes of or under the direction of the local authority as have been transcribed or such greater number of copies as is required by subsection (4)
4: If the transcript referred to in subsection (3)
5: Subsection (3)
6: If the evidence given at the hearing was recorded but has not been transcribed, the Environment Court may order, subject to such conditions as it thinks fit, that a transcript of the whole of the evidence be made and sent to the Registrar.
7: The local authority may, at any time, make application to the Court for an order that the reasonable cost of making any transcript in accordance with this section be paid by any of the parties to the appeal.
8: If an order under this section requires a transcript to be made, the local authority must certify the correctness of the transcript and send a copy of it to the Registrar.
38: Conference powers
1: Within 10 working days after the Registrar of the Environment Court receives the documents referred to section 37
2: The Environment Judge presiding at any conference under subsection (1)
a: assess the grounds of appeal to ascertain whether an order for striking out an appeal under section 279(4)
b: assess any applications for leave to hear new evidence, and any applications to have any witness cross-examined:
c: issue a direction to fix the dates by which the respective parties must deliver to the Court and to the other parties statements of the evidence to be given on behalf of the respective parties.
3: The Environment Judge presiding at any conference under subsection (1) section 267(3) (4)