Environment Canterbury (Transitional Governance Arrangements) Act 2016

1: Title
This Act is the Environment Canterbury (Transitional Governance Arrangements) Act 2016.
2: Commencement
1: Section 5 Part 3 Schedules 1 to 3
2: The rest of this Act comes into force on the day after the day on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to provide governance arrangements for the Canterbury Regional Council that will—
a: operate during the 2016 to 2019 local authority election-cycle period; and
b: replace the governance arrangements that have been in place since 2010 under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
c: provide for a majority of members of the Council to be elected by the people of the Canterbury region; and
d: provide for the continuation of some of the modified resource management processes that have operated under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
2: To this end, this Act—
a: replaces the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
b: provides for a new governing body for the Canterbury Regional Council comprising a mix of elected and appointed members; and
c: authorises the new governing body to continue to exercise certain of the powers and perform certain of the functions conferred on the commissioners appointed under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
d: sets out rules to manage the interface of this Act with other legislation applicable to local authorities, including (but not limited to) the Local Government Act 2002 Local Electoral Act 2001 Resource Management Act 1991
4: Interpretation
1: In this Act, unless the context otherwise requires,— 2010 Act Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 2016 election section 10 2019 election section 10 appointed member section 12 Canterbury region Canterbury Water Management Strategy Canterbury Water Management Strategy—Strategic Framework elected member Local Electoral Act 2001 section 11 Environment Canterbury Part 1 member
a: an elected member; or
b: an appointed member proposed fresh water plan or regional policy statement section 20(1) responsible Ministers
a: the Minister for the Environment; and
b: the Minister of Local Government resumption day section 86 RMA Resource Management Act 1991 transition day section 86 transition period
a: starting on the transition day; and
b: ending on the close of the day before resumption day transitional governing body see section 9(1) vision and principles of the Canterbury Water Management Strategy section 21 water body section 2(1) water conservation application
a: an application for a water conservation order in respect of a water body in the Canterbury region; and
b: an application to revoke or vary a water conservation order in respect of a water body in the Canterbury region.
2: A term or expression that is defined in the Local Government Act 2002 Part 2 subpart 1
3: A term or expression that is defined in the RMA and used, but not defined, in Part 3 , Schedule 1 Schedule 2
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedules 1 2
6: Act binds the Crown
This Act binds the Crown.
7: Repeal of this Act
1: This Act is repealed on the close of the resumption day.
2: Despite subsection (1),—
a: Part 3 Schedules 1 to 3
b: for the purposes of paragraph (a), the transition period is to be treated as if it had not ended. On the close of the resumption day = the day on which the official result of the 2019 election is declared in relation to Environment Canterbury 2019-10-12 Environment Canterbury (Transitional Governance Arrangements) Act 2016 Local Government election results 17–23 October 2019 — http://www.localcouncils.govt.nz/lgip.nsf/wpg_URL/About-Local-Government-Participate-in-Local-Government-About-your-2019-local-elections PJ 20/2/19
8: Relationship between this Act and other legislation applicable to local authorities
The Local Government Act 2002 Local Electoral Act 2001 Resource Management Act 1991
2: Governance arrangements during transition period
Transitional governing body
9: Transitional governing body
1: During the transition period, the governing body of Environment Canterbury comprises—
a: no fewer than 4 and no more than 7 elected members; and
b: no fewer than 3 and no more than 6 appointed members.
2: During the transition period, every reference in the Local Government Act 2002
3: Without limiting subsection (2), during the transition period, each member of the transitional governing body has the same functions, powers, responsibilities, and duties as each other member of the governing body, irrespective of whether the member is elected or appointed.
10: Chairperson and deputy chairperson
At the first meeting of Environment Canterbury during the transition period, the members must elect a chairperson and deputy chairperson from among themselves. Elected members
11: Process for electing members
1: Seven elected members of the transitional governing body must be elected at the 2016 election—
a: using the First Past the Post electoral system (as described generally in section 5A
b: by the electors described in the rest of this section.
2: One member must be elected by electors within the districts of the following local authorities (the South Canterbury constituency
a: Mackenzie District Council; and
b: Timaru District Council; and
c: Waimate District Council; and
d: that part of the Waitaki District Council that is also within the Canterbury region.
3: One member must be elected by electors within the districts of the following local authorities (the mid-Canterbury constituency
a: Selwyn District Council; and
b: Ashburton District Council.
4: One member must be elected by electors within the districts of the following local authorities (the North Canterbury constituency
a: Waimakariri District Council; and
b: Hurunui District Council; and
c: Kaikoura District Council.
5: Four members must be elected, at large, by electors within the district of the Christchurch City Council. Appointed members
12: Process for appointing members
1: The responsible Ministers—
a: must appoint 3 members of the transitional governing body with effect no later than 28 days after the transition day; and
b: may appoint, at the same time or subsequently, no more than 3 other members.
2: Two of the members appointed in accordance with subsection (1)﻿(a) must be persons recommended by Te Rūnanga o Ngāi Tahu.
3: Before making a recommendation, Te Rūnanga o Ngāi Tahu must take into account the matters referred to in subsections (4) and (5).
4: The responsible Ministers must appoint members who will complement the knowledge and expertise of the elected members so that, collectively, the members of the transitional governing body will have knowledge of, and expertise in relation to, the following matters:
a: the management of fresh water; and
b: local authority governance and management; and
c: tikanga Māori, as it applies in the Canterbury region; and
d: the Canterbury region and its people.
5: The responsible Ministers may appoint a person only if the person—
a: is qualified to be a candidate for election under section 25
b: is not a member of any other local authority or community board or local board of any local authority.
6: However, nothing in subsection (4) affects the validity of the appointment of an appointed member once made.
7: Section 13
13: Appointments must be in writing and notified
1: The responsible Ministers make an appointment under section 12
2: As soon as practicable after making an appointment, the responsible Ministers must—
a: notify the appointment in the Gazette
b: give a copy of the notice of appointment to Environment Canterbury. Procedural matters relating to transitional governing body
14: When members come into office
1: Elected members come into office in accordance with section 115(1)
2: Appointed members come into office on the date stated in their notices of appointment.
15: When members leave office
1: The term of office of each elected member ends on the earlier of the following:
a: the date on which the member leaves office in accordance with section 116(1)
b: the date on which the member leaves office under clause 5
2: The term of office of each appointed member ends on the earlier of the following:
a: the close of the day before resumption day; and
b: the date on which the member—
i: leaves office under clause 5
ii: is removed from office by a notice given under section 16(3)
3: For the purposes of subsection (2)﻿(b)﻿(i), the references to the chief executive in clause 4
16: Appointed members may be removed at discretion of responsible Ministers
1: The responsible Ministers may, in their complete discretion, remove an appointed member at any time.
2: However, before removing a member who was recommended by Te Rūnanga o Ngāi Tahu, the Ministers must consult Te Rūnanga o Ngāi Tahu.
3: The responsible Ministers remove an appointed member by giving the person a written notice of removal that states the day on which the removal takes effect.
17: Filling of vacancies in office of appointed members
1: If the office of an appointed member recommended by Te Rūnanga o Ngāi Tahu becomes vacant, the responsible Ministers must, in accordance with sections 12 13
2: If a vacancy occurs in the office of any other appointed member, the responsible Ministers may appoint a replacement member in accordance with sections 12 13
18: First meeting of Environment Canterbury during transition period
1: The first meeting of Environment Canterbury during the transition period must be called by the chief executive of Environment Canterbury as soon as practicable after the members appointed under section 12(1)﻿(a)
2: The chief executive must give all members no less than 2 days’ notice of the meeting (unless an emergency exists, in which case the chief executive may give notice as soon as practicable).
3: This section is subject to section 29 Remuneration of members
19: Remuneration of members
1: Clauses 6 to 13
a: if exercising the power under clause 6(3)﻿(c)﻿(ii) or (d)
b: to avoid doubt, clause 12
2: However, the Remuneration Authority must, no later than 15 July 2016, make a determination of the remuneration, allowances, and expenses payable immediately after the transition day to—
a: the chairperson, deputy chairperson, and other members of Environment Canterbury; and
b: chairpersons of committees of Environment Canterbury.
3: RMA arrangements during transition period
20: Proposed fresh water plan or regional policy statement to which this Part applies
1: This Part applies to the following (a proposed fresh water plan or regional policy statement
a: a proposed plan, or a proposed change to or variation of the Canterbury Land and Water Regional Plan or any other plan, that—
i: is or has been notified by Environment Canterbury under clause 5 26
ii: relates to the management of fresh water within the Canterbury region; and
b: a proposed regional policy statement, or a proposed change to or variation of a regional policy statement, that—
i: is or has been notified by Environment Canterbury under clause 5 26
ii: relates to the management of fresh water within the Canterbury region.
2: This Part does not apply to any other proposed plan or regional policy statement, or to a proposed change to or variation of any other plan or regional policy statement (for example, a proposed regional coastal plan or a proposed change to or variation of a regional coastal plan).
21: Meaning of vision and principles of Canterbury Water Management Strategy
1: For the purposes of this Part, the vision and principles of the Canterbury Water Management Strategy
a: means the text of the vision and principles included in the Canterbury Water Management Strategy as reproduced in Schedule 3
b: does not include any amendments to that text.
2: To avoid doubt, the inclusion of the text of the vision and principles of the strategy in Schedule 3
22: Application of RMA
Except as otherwise provided in this Part, the provisions of the RMA (including, without limitation, Part 2
a: to the performance and exercise by Environment Canterbury of its functions and powers under this Part or Schedule 1
b: so far as they are relevant, to any proposed fresh water plan or regional policy statement. Water conservation orders
23: Process to apply for applications made after transition day
Part 9 Proposed fresh water plans or regional policy statements
24: Additional criteria for decisions during transition period
In considering any proposed fresh water plan or regional policy statement during the transition period, Environment Canterbury must have particular regard to the vision and principles of the Canterbury Water Management Strategy in addition to the matters relevant under the RMA to its decisions made under clause 10(1)
25: Rights of appeal
1: This section applies to decisions—
a: made during the transition period by Environment Canterbury under clause 10
b: in respect of which Environment Canterbury was required to have particular regard to the vision and principles of the Canterbury Water Management Strategy in accordance with section 24
2: No person may appeal to the Environment Court under clause 14
3: However, a person who made a submission under clause 6 8
4: For this purpose, a notice served by Environment Canterbury under clause 11
5: An appeal under subsection (3)—
a: must be lodged in accordance with the requirements stated in the notice served under subsection (4); and
b: may relate only to a provision or matter referred to in the submission of the person lodging the appeal.
6: Sections 26 27
26: Provisions of RMA applying to appeals under section 25
1: Sections 300 to 307 section 25
2: The High Court Rules 2016 Section 26(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
27: Appeal to Court of Appeal
Section 56 section 25 Section 27 amended 1 March 2017 section 183(b) Senior Courts Act 2016
4: Miscellaneous provisions and amendments to 2010 Act
1: Miscellaneous provisions
28: Environment Canterbury must report to responsible Ministers on management of fresh water
1: During the transition period, Environment Canterbury must report to the responsible Ministers on progress made in respect of the issues relating to the management of fresh water within the Canterbury region—
a: for the 6-month period starting on the date of the first meeting of Environment Canterbury during the transition period; and
b: for each following 6-month period.
2: Environment Canterbury must provide a report for each period as soon as practicable after the end of the period.
3: Each report must contain at least the following information:
a: progress on the Canterbury Land and Water Regional Plan; and
b: progress on any other plans relating to the management of fresh water within the Canterbury region; and
c: progress on the implementation of the Canterbury Water Management Strategy.
29: Governance arrangements if emergency before appointed members take office
1: This section applies if, and only if, after the transition day,—
a: an emergency exists; and
b: the emergency exists before all the members appointed under section 12(1)﻿(a) initial appointed members
2: Until all the initial appointed members take office, the transitional governing body comprises the elected members only, and this Act applies accordingly, with any necessary modifications.
3: Despite subsection (2),—
a: the members elected as chairperson and deputy chairperson (at the first meeting of Environment Canterbury after the transition day) hold office only until a chairperson and deputy chairperson are elected in accordance with subsection (4)﻿(b); and
b: a schedule of meetings must not be adopted beyond the date on which all the initial appointed members are expected to take office.
4: As soon as practicable after all the initial appointed members come into office, the transitional governing body must hold a meeting, the business of which must include—
a: the making and attesting of the declarations required by the appointed members under clause 14
b: the election of a chairperson and deputy chairperson; and
c: a general explanation, given or arranged by the chief executive, to the appointed members, of the matters in clause 21(5)﻿(c)
d: the fixing of the date and time of the next meeting of Environment Canterbury, or the adoption of a schedule of meetings.
5: For the purposes of subsection (4)﻿(b), this Act and the Local Government Act 2002
6: To avoid doubt, the chairperson and deputy chairperson appointed in accordance with subsection (2) hold office only until the meeting referred to in subsection (4) takes place, but may be reappointed to those positions at that meeting.
30: Matters relating to 2019 election
1: To avoid doubt, nothing in this Act prevents Environment Canterbury from taking any step that must be taken under the Local Electoral Act 2001
2: However, Environment Canterbury must review its representation arrangements in accordance with section 19I
2: Amendments to 2010 Act
31: Amendments to 2010 Act
This subpart amends the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 2016-05-10 Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
32: Section 3 amended (Purpose)
In section 3(a) new elected members come into office following the next election the elected members of Environment Canterbury come into office in accordance with the Environment Canterbury (Transitional Governance Arrangements) Act 2016 following the 2016 election
33: Section 4 amended (Interpretation)
1: In section 4(1) 2016 election ECan that (subject to section 11 of the Local Electoral Act 2001) must local authorities required by section 10 of the Local Electoral Act 2001 to
2: In section 4(1) next election resumption day
3: In section 4(1) transition day
34: Section 6 replaced (Expiry and repeal)
Replace section 6
6: Repeal
This Act is repealed on the close of the day before the transition day.
35: Section 17 amended (Term of office)
In section 17(1) resumption transition
36: Section 23 and cross-heading repealed
Repeal section 23
37: Section 26 amended (Provisions of Local Electoral Act 2001 that do not apply)
1: After section 26(1)﻿(a)
ab: sections 19I and 19JB:
ac: sections 19Z, 19ZB, and 19ZD:
2: Repeal section 26(2)
38: Section 28 repealed (Continuation of committees and delegations)
Repeal section 28
39: Section 35 amended (Notification of moratorium)
In section 35(c) resumption transition
40: Section 46 amended (Part 9 of RMA does not apply except as otherwise stated)
1: In section 46(1)﻿(b) and (4) resumption transition
2: In section 46(4)﻿(a) ; and
3: Repeal section 46(4)﻿(b)
41: Section 55 replaced (Appeal to Court of Appeal)
Replace section 55
55: Appeal to Court of Appeal
Section 66 of the Judicature Act 1908 applies, with any necessary modifications, to a decision of the High Court on an appeal under section 53.
42: Section 60 and cross-heading repealed
Repeal section 60
43: Schedule 2 repealed
Repeal Schedule 2