Resource Management Act 1991

1: Short Title and commencement
1: This Act may be cited as the Resource Management Act 1991.
2: Except as provided in subsection (3), this Act shall come into force on 1 October 1991.
3: Section 1(3) repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
1: Interpretation and application
2: Interpretation
1: In this Act, unless the context otherwise requires,— abatement notice section 322 access strip section 237B Conservation Act 1987 Schedule 1 accommodated activity section 9(1) accredited section 39A adverse effects assessment
a: by the Minister of Conservation under Part 1 of Schedule 12
b: by a regional council under section 17B(1)﻿(a) Part 2 of Schedule 12 adverse effects report
a: by the Minister of Conservation in accordance with Part 1 of Schedule 12
b: by a regional council under section 17B(1)﻿(b) Part 2 of Schedule 12 agent agent of the ship
a: any agent in New Zealand of the owner of the ship; or
b: any agent of the ship agreement section 9(1) aircraft airport allotment section 218 amenity values applicant
a: in sections 37A 40 41B 41C 42A
i: for the purposes of a review of consent conditions, the consent holder; or
ii: for any matter described in section 39(1)
b: in section 96
i: initiates a matter described in section 39(1)﻿(b)
ii: holds a resource consent referred to in section 39(1)﻿(c)
iii: initiates a requirement for a designation:
c: in Part 6AA section 141 aquaculture activities
a: means any activity described in section 12
b: includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but
c: does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—
i: are not in the exclusive and continuous possession or control of the person undertaking the activity; or
ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed ; and
d: does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment aquatic life section 2(1) bed
a: in relation to any river—
i: for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks:
ii: in all other cases, the space of land which the waters of the river cover at its fullest flow without overtopping its banks; and
b: in relation to any lake, except a lake controlled by artificial means,—
i: for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin:
ii: in all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and
c: in relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and
d: in relation to the sea, the submarine areas covered by the internal waters and the territorial sea benefits and costs best practicable option
a: the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and
b: the financial implications, and the effects on the environment, of that option when compared with other options; and
c: the current state of technical knowledge and the likelihood that the option can be successfully applied biological diversity boundary activity boundary rule section 87AAB certificate of compliance consent authority or the Environmental Protection Authority section 139 change section 43AA Chief Freshwater Commissioner clause 65(3) climate change coastal marine area the foreshore, seabed, and coastal water, and the air space above the water
a: of which the seaward boundary is the outer limits of the territorial sea:
b: of which the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point shall be whichever is the lesser of—
i: 1 kilometre upstream from the mouth of the river; or
ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal permit section 87(c) coastal water
a: seawater with a substantial fresh water component; and
b: seawater in estuaries, fiords, inlets, harbours, or embayments combined document section 80 commercial fishing section 2(1) common marine and coastal area section 9(1) company lease
a: that is granted by a company owning an estate or interest in the land; and
b: that is held by a person by virtue of being a shareholder in the company,— and includes a licence within the meaning of section 122 completion certificate section 222 conditions consent authority consent notice section 221 constable section 4 contaminant odorous compounds,
a: when discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or
b: when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged contaminated land
a: has significant adverse effects on the environment; or
b: is reasonably likely to have significant adverse effects on the environment contravene controlled activity section 87A(2) cross lease
a: that is granted by any owner of the land; and
b: that is held by a person who has an estate or interest in an undivided share in the land Crown organisation section 4 customary marine title area section 9(1) customary marine title group section 9(1) customary marine title order section 9(1) designation section 166 determination section 2(1) development capacity section 30(5) Director of Maritime New Zealand Director section 439 discharge discharge permit section 87(e) discretionary activity section 87A(4) district
a: means the district of the territorial authority as defined in accordance with the Local Government Act 2002
b: includes, for the purposes of section 89 district plan section 43AA district rule section 43AAB dumping
a: in relation to waste or other matter, its deliberate disposal; and
b: in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment;— but does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation, if those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation, or if the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter; and to dump dumped dwellinghouse employee
a: in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and
b: in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) enforcement officer
a: in sections 327 328 333 section 38
b: in the rest of this Act, means an enforcement officer authorised under section 38 343I enforcement order section 319 section 314 section 320 environment
a: ecosystems and their constituent parts, including people and communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters Environment Court court Environment Court section 247 Environmental Protection Authority EPA section 7 equivalent zone esplanade reserve Reserves Act 1977
a: which is either—
i: a local purpose reserve within the meaning of section 23 section 239
ii: a reserve vested in the Crown or a regional council under section 237D
b: which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in section 229 esplanade strip section 232 section 229 excessive noise section 326 existing use certificate section 139A exploration Crown Minerals Act 1991 fast-track application section 87AAC fish section 2(1) fisheries resources section 2(1) fishing section 2(1) foreshore freshwater fresh water freshwater commissioner clause 65 freshwater hearings panel clause 38 freshwater planning instrument section 80A(2) and (8) freshwater planning process subpart 4 Part 4 geothermal energy geothermal water greenhouse gas section 4(1) harmful substance harvestable spat section 2(1) hazardous substance section 2 heritage order section 187 heritage protection authority section 187 historic heritage
a: means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities:
i: archaeological:
ii: architectural:
iii: cultural:
iv: historic:
v: scientific:
vi: technological; and
b: includes—
i: historic sites, structures, places, and areas; and
ii: archaeological sites; and
iii: sites of significance to Māori, including wāhi tapu; and
iv: surroundings associated with the natural and physical resources incineration to incinerate incinerated industrial or trade premises
a: any premises used for any industrial or trade purposes; or
b: any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes, or used for composting organic materials; or
c: any other premises from which a contaminant is discharged in connection with any industrial or trade process;— industrial or trade process infrastructure
a: pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel,
b: a network for the purpose of telecommunication as defined in section 5
c: a network for the purpose of radiocommunication as defined in section 2(1)
d: facilities for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines, and support structures if a person—
i: uses them in connection with the generation of electricity for the person's use; and
ii: does not use them to generate any electricity for supply to any other person:
e: a water supply distribution system, including a system for irrigation:
f: a drainage or sewerage system:
g: structures for transport on land by cycleways, rail, roads, walkways, or any other means:
h: facilities for the loading or unloading of cargo or passengers transported on land by any means:
i: an airport as defined in section 2
j: a navigation installation as defined in section 2
k: facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1)
l: anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166 infringed boundary section 87AAB intensification planning instrument IPI section 80E(1) intensification streamlined planning process ISPP subpart 5A Part 6 interim enforcement order section 320 internal waters section 4 intrinsic values
a: their biological and genetic diversity; and
b: the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience iwi authority iwi participation legislation section 58L joint management agreement
a: is made by a local authority with 1 or more—
i: public authorities, as defined in paragraph (b) of the definition of public authority:
ii: iwi authorities or groups that represent hapu; and
b: provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority's functions, powers, or duties under this Act relating to a natural or physical resource; and
c: specifies the functions, powers, or duties; and
d: specifies the natural or physical resource; and
e: specifies whether the natural or physical resource is in the whole of the region or district or part of the region or district; and
f: may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and
g: if paragraph (f) applies, specifies how the parties to the joint management agreement are to make decisions; and
h: may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding kaitiakitanga lake land
a: includes land covered by water and the airspace above land; and
b: in a national environmental standard dealing with a regional council function under section 30
c: in a national environmental standard dealing with a territorial authority function under section 31 land use consent section 87(a) large lot residential zone section 77F lawyer section 6 local authority local board section 5(1) maataitai mahinga maataitai Mana Whakahono a Rohe subpart 2 mana whenua marine and coastal area section 9(1) marine incineration facility section 257 Maritime New Zealand section 429 master section 2(1) medium density residential standards MDRS Schedule 3A mineral section 2(1) mining Crown Minerals Act 1991 Minister Minister of Aquaculture Minister of Fisheries Fisheries Act 1996 mouth
a: as agreed and set between the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed regional coastal plan; or
b: as declared by the Environment Court section 310 and once so agreed and set or declared shall not be changed in accordance with Schedule 1 national environmental standard section 43 national planning standard section 58E national policy statement section 52 National Policy Statement on Urban Development NPS-UD
a: that was approved by the Governor-General under section 52(2)
b: as amended by section 77S(1) natural and physical resources natural hazard network utility operator section 166 new residential zone New Zealand coastal policy statement section 57 noise non-complying activity section 87A(5) notice of decision
a: a copy of a decision on—
i: an application for a resource consent; or
ii: a requirement for a designation; or
iii: a provision of a policy statement or plan; or
b: a notice summarising a decision under paragraph (a) occupier
a: the inhabitant occupier of any property; and
b:
c: for the purposes of section 16 occupy
a: where the occupation is reasonably necessary for another activity; and
b: where it is to the exclusion of all or any class of persons who are not expressly allowed to occupy that part of the coastal marine area by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent; and
c: for a period of time and in a way that, but for a rule in the regional coastal plan and in any relevant proposed regional coastal plan or the holding of a resource consent under this Act, a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense offshore installation section 222(1) oil transfer site section 281 on-scene commander section 281 open coastal water operative section 43AA owner
a: in relation to any land, means the person who is for the time being entitled to the rack rent of the land or who would be so entitled if the land were let to a tenant at a rack rent; and includes—
i: the owner of the fee simple of the land; and
ii: any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and
b: in relation to any ship or offshore installation or oil transfer site, has the same meaning as in section 222(2) permitted activity section 87A(1) person plan section 43AA policy 3 Schedule 3B policy 4 Schedule 3B policy 5 Schedule 3B policy statement section 43AA prescribed prescribed form private road section 315 private way section 315 production land
a: means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products):
b: does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals and production prohibited activity section 87A(6) proposed plan section 43AAC proposed policy statement section 43AA prospecting Crown Minerals Act 1991 protected customary right section 9(1) protected customary rights area section 9(1) protected customary rights group section 9(1) protected customary rights order section 9(1) public authority
a: in section 33 section 33(2)
b: in section 36B
i: a local authority; and
ii: a statutory body; and
iii: the Crown public boundary section 87AAB public notice section 2AB public work Public Works Act 1981 Reserves Act 1977 National Parks Act 1980 qualifying matter section 77I 77O raft region Local Government Act 2002 regional coastal plan section 43AA regional council
a: has the same meaning as in section 5
b: includes a unitary authority within the meaning of that Act regional plan section 43AA regional policy statement section 43AA regional rule section 43AAB regulations relevant residential zone
a: means all residential zones; but
b: does not include—
i: a large lot residential zone:
ii: an area predominantly urban in character that the 2018 census recorded as having a resident population of less than 5,000, unless a local authority intends the area to become part of an urban environment:
iii: an offshore island:
iv: to avoid doubt, a settlement zone renewable energy requiring authority section 166 reservation section 2(1) residential unit
a: means a building or part of a building that is used for a residential activity exclusively by 1 household; and
b: includes sleeping, cooking, bathing, and toilet facilities residential zone resource consent section 87 restricted coastal activity section 68 restricted discretionary activity section 87A(3) river RMA permission right sections 66 68 road section 315 ; and includes a motorway as defined in section 2(1) Government Roading Powers Act 1989 rule section 43AA seaweed section 2(1) serve section 352 section 353 settlement zone section 77F ship section 2(1) soil conservation space special tribunal section 202 specified territorial authority
a: every tier 1 territorial authority:
b: a tier 2 territorial authority that is required by regulations made under section 80I(1)
c: a tier 3 territorial authority that is required by regulations made under section 80K(1) State highway section 2(1) Government Roading Powers Act 1989 structure ; and includes any raft subdivision consent section 87(b) subdivision of land subdivide land section 218 submission survey plan cadastral survey dataset section 4
a: survey plan
i: a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 2017
ii: a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017
b: survey plan
i: a unit plan; and
ii: a cadastral survey dataset to give effect to the grant of a cross lease or company lease tangata whenua taonga raranga tauranga waka territorial authority Local Government Act 2002 territorial sea section 3 tier 1 territorial authority
a: Auckland Council:
b: Christchurch City Council:
c: Hamilton City Council:
d: Hutt City Council:
e: Kapiti Coast District Council:
f: Porirua City Council:
g: Selwyn District Council:
h: Tauranga City Council:
i: Upper Hutt City Council:
j: Waikato District Council:
k: Waimakariri District Council:
l: Waipa District Council:
m: Wellington City Council:
n: Western Bay of Plenty District Council tier 2 territorial authority
a: Dunedin City Council:
b: Hastings District Council:
c: Napier City Council:
d: Nelson City Council:
e: New Plymouth District Council:
f: Palmerston North City Council:
g: Queenstown–Lakes District Council:
h: Rotorua District Council:
i: Tasman District Council:
j: Whangarei District Council tier 3 territorial authority tikanga Maori Treaty of Waitangi (Te Tiriti o Waitangi) section 2 unit section 5(1) section 5(1) unit plan section 5(1) unitary authority section 5(1) use
a: in sections 9 10 10A 10B 81(2) 176(1)﻿(b)﻿(i) 193(a)
i: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:
ii: drill, excavate, or tunnel land or disturb land in a similar way:
iii: damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
iv: deposit a substance in, on, or under land:
v: any other use of land; and
b: in sections 9 10A 81(2) 176(1)﻿(b)﻿(i) 193(a) variation section 43AA waste or other matter water
a: means water in all its physical forms whether flowing or not and whether over or under the ground:
b: includes fresh water, coastal water, and geothermal water:
c: does not include water in any form while in any pipe, tank, or cistern water body water conservation order section 200 water permit section 87(d) wetland working 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.
2: In this Act, unless the context otherwise requires,—
a: a reference to a Part, section, or schedule, is a reference to a Part, section, or schedule of this Act:
b: a reference in a section to a subsection is a reference to a subsection of that section:
c: a reference in a subsection to a paragraph is a reference to a paragraph of that subsection:
d: a reference in a section to a paragraph is a reference to a paragraph of that section:
e: a reference in a schedule to a clause is a reference to a clause of that schedule:
f: a reference in a clause of a schedule to a subclause is a reference to a subclause of that clause:
g: a reference in a subclause in a schedule to a paragraph is a reference to a paragraph of that subclause:
h: a reference in a clause in a schedule to a paragraph is a reference to a paragraph of that clause. Section 2(1) access rights repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) access strip inserted 7 July 1993 section 2(1) Resource Management Amendment Act 1993 Section 2(1) accommodated activity inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) accredited inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) adverse effects assessment inserted 25 November 2004 section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 2(1) adverse effects report inserted 25 November 2004 section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 2(1) agent agent of the ship inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) agreement inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) aircraft inserted 7 July 1993 section 2(1) Resource Management Amendment Act 1993 Section 2(1) airport inserted 7 July 1993 section 2(1) Resource Management Amendment Act 1993 Section 2(1) amendment repealed 1 October 2009 section 4(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) applicant replaced 1 October 2009 section 4(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) aquaculture activities replaced 1 January 2005 section 4(2) Resource Management Amendment Act (No 2) 2004 Section 2(1) aquaculture activities amended 1 October 2011 section 4(1) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquaculture activities amended 1 October 2011 section 4(2) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquaculture activities inserted 1 October 2011 section 4(2) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquaculture management area repealed 1 October 2011 section 4(3) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquatic life inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) bed replaced 7 July 1993 section 2(3) Resource Management Amendment Act 1993 Section 2(1) benefits and costs inserted 7 July 1993 section 2(3) Resource Management Amendment Act 1993 Section 2(1) biological diversity inserted 1 August 2003 section 3(1) Resource Management Amendment Act 2003 Section 2(1) board repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) board of inquiry repealed 1 October 2009 section 4(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) boundary activity boundary rule inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) certificate of compliance amended 1 October 2009 section 4(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) change replaced 1 October 2009 section 4(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) Chief Freshwater Commissioner inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) climate change inserted 2 March 2004 section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 Section 2(1) coastal marine area amended 7 July 1993 section 2(6) Resource Management Amendment Act 1993 Section 2(1) collaborative group repealed 1 July 2020 section 4(3) Resource Management Amendment Act 2020 Section 2(1) collaborative planning process repealed 1 July 2020 section 4(2) Resource Management Amendment Act 2020 Section 2(1) combined document inserted 19 April 2017 section 4(1) Resource Legislation Amendment Act 2017 Section 2(1) commercial fishing inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) common marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) company lease amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) consent authority replaced 7 July 1993 section 2(7) Resource Management Amendment Act 1993 Section 2(1) consent authority amended 1 October 2009 section 4(7) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) constable replaced 1 October 2008 section 130(1) Policing Act 2008 Section 2(1) contaminant amended 1 August 2003 section 3(3) Resource Management Amendment Act 2003 Section 2(1) contaminated land replaced 1 October 2009 section 4(8) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) controlled activity replaced 1 August 2003 section 3(4) Resource Management Amendment Act 2003 Section 2(1) controlled activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) costs and benefits repealed 7 July 1993 section 2(9) Resource Management Amendment Act 1993 Section 2(1) Crown organisation inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) customary marine title area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title order inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary rights order repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) declaration repealed 1 October 2009 section 4(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) determination inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) development capacity inserted 19 April 2017 section 4(1) Resource Legislation Amendment Act 2017 Section 2(1) Director of Maritime New Zealand Director replaced 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) discretionary activity replaced 1 August 2003 section 3(5) Resource Management Amendment Act 2003 Section 2(1) discretionary activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) district replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) district plan replaced 1 October 2009 section 4(9) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) district rule replaced 1 October 2009 section 4(10) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) dumping replaced 17 December 1997 section 2(9) Resource Management Amendment Act 1997 Section 2(1) employee inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) enforcement officer replaced 1 July 2020 section 4(4) Resource Management Amendment Act 2020 Section 2(1) Environment Court court inserted 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 2(1) Environmental Protection Authority EPA replaced 1 July 2011 section 4 Resource Management Amendment Act 2011 Section 2(1) equivalent zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) esplanade reserve replaced 7 July 1993 section 2(11) Resource Management Amendment Act 1993 Section 2(1) esplanade strip inserted 7 July 1993 section 2(11) Resource Management Amendment Act 1993 Section 2(1) existing use certificate inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) exploration inserted 26 November 1997 section 4(2) Crown Minerals Amendment Act (No 2) 1997 Section 2(1) fast-track application inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) fish inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) fisheries resources inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) fishing inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) foreshore and seabed reserve repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) freshwater fresh water replaced 1 July 2020 section 4(5) Resource Management Amendment Act 2020 Section 2(1) freshwater commissioner inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) freshwater hearings panel inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) freshwater planning instrument inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) freshwater planning process inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) Government road repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) greenhouse gas inserted 2 March 2004 section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 Section 2(1) harmful substance inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) harvestable spat inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) hazardous substance inserted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 2(1) historic heritage inserted 1 August 2003 section 3(7) Resource Management Amendment Act 2003 Section 2(1) holder repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) incineration inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) industrial or trade premises amended 17 December 1997 section 2(3) Resource Management Amendment Act 1997 Section 2(1) infrastructure inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) infrastructure amended 19 April 2017 Resource Legislation Amendment Act 2017 Section 2(1) infrastructure amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 2(1) infringed boundary inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) intensification planning instrument IPI inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) intensification streamlined planning process ISPP inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) internal waters amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) iwi participation legislation inserted 19 April 2017 section 4(3) Resource Legislation Amendment Act 2017 Section 2(1) joint management agreement inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) kaitiakitanga replaced 17 December 1997 section 2(4) Resource Management Amendment Act 1997 Section 2(1) lake amended 7 July 1993 section 2(12) Resource Management Amendment Act 1993 Section 2(1) land replaced 1 October 2009 section 4(11) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) large lot residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) lawyer inserted 1 March 2017 section 4 Resource Management Amendment Act 2016 Section 2(1) local board inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 2(1) management plan repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) Mana Whakahono a Rohe inserted 19 April 2017 section 4(3) Resource Legislation Amendment Act 2017 Section 2(1) marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) marine farming repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) marine incineration facility inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) Maritime New Zealand replaced 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) master inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) medium density residential standards MDRS inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) mineral replaced 7 July 1993 section 2(13) Resource Management Amendment Act 1993 Section 2(1) mining inserted 26 November 1997 section 4(2) Crown Minerals Amendment Act (No 2) 1997 Section 2(1) Minister of Aquaculture inserted 1 October 2011 section 4(4) Resource Management Amendment Act (No 2) 2011 Section 2(1) Minister of Fisheries inserted 1 October 2011 section 4(4) Resource Management Amendment Act (No 2) 2011 Section 2(1) mouth amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 2(1) national environmental standard inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) national planning standard inserted 19 April 2017 section 4(3) Resource Legislation Amendment Act 2017 Section 2(1) National Policy Statement on Urban Development NPS-UD inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) new residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) non-complying activity replaced 1 August 2003 section 3(8) Resource Management Amendment Act 2003 Section 2(1) non-complying activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) notice of decision inserted 1 August 2003 section 3(8) Resource Management Amendment Act 2003 Section 2(1) occupier repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 2(1) occupy inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) offshore installation inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) oil transfer site inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) on-scene commander inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) operative replaced 1 October 2009 section 4(12) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) owner replaced 1 February 1995 section 2(1) Resource Management Amendment Act 1994 Section 2(1) permitted activity replaced 1 August 2003 section 3(9) Resource Management Amendment Act 2003 Section 2(1) permitted activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) plan replaced 1 October 2009 section 4(13) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) planning document repealed 4 September 2013 section 4 Resource Management Amendment Act 2013 Section 2(1) Planning Tribunal Tribunal repealed 17 December 1997 section 2(6) Resource Management Amendment Act 1997 Section 2(1) policy 3 inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) policy 4 inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) policy 5 inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) policy statement replaced 1 October 2009 section 4(14) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) production land amended 17 December 1997 section 2(7) Resource Management Amendment Act 1997 Section 2(1) prohibited activity replaced 1 August 2003 section 3(10) Resource Management Amendment Act 2003 Section 2(1) prohibited activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) proposed plan replaced 1 October 2009 section 4(15) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) proposed policy statement inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) prospecting inserted 26 November 1997 section 4(2) Crown Minerals Amendment Act (No 2) 1997 Section 2(1) protected customary right inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights order inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) public authority inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) public boundary inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) public foreshore and seabed repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) public notice replaced 18 October 2017 section 124(2) Resource Legislation Amendment Act 2017 Section 2(1) qualifying matter inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) raft inserted 7 July 1993 section 2(15) Resource Management Amendment Act 1993 Section 2(1) recognised customary activity repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) region replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional coastal plan replaced 1 October 2009 section 4(17) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) regional council replaced 25 November 2004 section 3(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 2(1) regional plan replaced 1 October 2009 section 4(18) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) regional policy statement replaced 1 October 2009 section 4(19) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) regional road repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional rule replaced 1 October 2009 section 4(20) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) relevant residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) renewable energy inserted 2 March 2004 section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 Section 2(1) reservation inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) residential unit inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) restricted coastal activity replaced 1 October 2009 section 4(21) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) restricted discretionary activity inserted 1 August 2003 section 3(13) Resource Management Amendment Act 2003 Section 2(1) restricted discretionary activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) river replaced 7 July 1993 section 2(16) Resource Management Amendment Act 1993 Section 2(1) RMA permission right inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) road amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) road amended 7 July 1993 section 2(17) Resource Management Amendment Act 1993 Section 2(1) rule replaced 1 October 2009 section 4(22) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) seaweed inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) settlement zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) ship inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) soil conservation inserted 1 August 2003 section 3(14) Resource Management Amendment Act 2003 Section 2(1) space inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) spat repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) spat catching repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) specified territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(2) State highway amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) structure amended 7 July 1993 section 2(18) Resource Management Amendment Act 1993 Section 2(1) submission replaced 1 October 2009 section 4(23) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) survey plan replaced 1 October 2009 section 4(24) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) survey plan amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) survey plan amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) taking repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) territorial authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) territorial sea amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) tier 1 territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) tier 2 territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) tier 3 territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) unit amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 2(1) unit plan replaced 20 June 2011 section 233(1) Unit Titles Act 2010 Section 2(1) unitary authority inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 2(1) use inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) variation replaced 1 October 2009 section 4(25) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) waste or other matter inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) working 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
2AA: Definitions relating to notification
1: The definitions in subsection (2) apply only in relation to—
a: an application for a resource consent for an activity; or
b: any of the following matters:
i: a review of a resource consent:
ii: an application to change or cancel a condition of a resource consent:
iii: a notice of requirement for a designation or heritage order:
iv: a notice of requirement to alter a designation or heritage order:
v: an application or proposal to vary or cancel an instrument creating an esplanade strip:
vi: a matter of creating an esplanade strip by agreement.
2: In this Act, unless the context otherwise requires,— affected customary marine title group section 95G affected person section 95E 149ZCF affected protected customary rights group section 95F limited notification section 95 169(1) 190(1) notification public notification
a: giving notice of the application or matter in the manner required by section 2AB
b: giving that notice within the time limit specified by section 95 169(1) 190(1)
c: serving notice of the application or matter on every prescribed person. Section 2AA inserted 1 October 2009 section 5 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2AA(2) replaced 18 October 2017 section 125 Resource Legislation Amendment Act 2017
2AB: Meaning of public notice
1: If this Act requires a person to give public notice
a: publish on an Internet site to which the public has free access a notice that—
i: includes all the information that is required to be publicly notified; and
ii: is in the prescribed form (if any); and
b: publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates.
2: The notice and the short summary of the notice must be worded in a way that is clear and concise. Section 2AB inserted 18 October 2017 section 126 Resource Legislation Amendment Act 2017
2AC: Availability of documents
Interpretation
1: In this section, document
a: information of any kind; and
b: public notices of any kind; and
c: reports and evidence of any kind; and
d: policy statements and plans of any kind, together with any changes or variations of those documents. Application of this section
2: This section applies if this Act requires a document to be made available for inspection in physical form to the public, a class of members of the public, a person, or a class of persons at a specified place such as council offices or a library.
3: This section applies on and from 25 March 2020. How documents may be made available
4: The requirement referred to in subsection (2) is satisfied if the person responsible for making the document available—
a: makes it available in electronic form free of charge on an Internet site; and
b: provides advice on how the document may be obtained or accessed.
5: In addition, the person responsible for making a document available may—
a: make it available for inspection; and
b: upon request, make a physical copy of the document available for purchase at a reasonable cost. Repeal
6: Section 2AC inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 2AC heading amended 1 July 2020 section 5(1) Resource Management Amendment Act 2020 Section 2AC(6) heading repealed 1 July 2020 section 5(2) Resource Management Amendment Act 2020 Section 2AC(6) repealed 1 July 2020 section 5(3) Resource Management Amendment Act 2020
2A: Successors
1: In this Act, unless the context otherwise requires, any reference to a person
2: For the purposes of this Act, where the person is a body of persons which is unincorporate, the successor shall include a body of persons which is corporate and composed of substantially the same members. Section 2A inserted 2 September 1996 section 3 Resource Management Amendment Act 1996
3: Meaning of effect
In this Act, unless the context otherwise requires, the term effect
a: any positive or adverse effect; and
b: any temporary or permanent effect; and
c: any past, present, or future effect; and
d: any cumulative effect which arises over time or in combination with other effects— regardless of the scale, intensity, duration, or frequency of the effect, and also includes—
e: any potential effect of high probability; and
f: any potential effect of low probability which has a high potential impact. Section 3 amended 7 July 1993 section 3 Resource Management Amendment Act 1993
3A: Person acting under resource consent with permission
Subject to section 134 Section 3A inserted 7 July 1993 section 4 Resource Management Amendment Act 1993
3B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 12 Section 3B inserted 19 April 2017 section 5 Resource Legislation Amendment Act 2017
4: Act to bind the Crown
1: This Act binds the Crown, except as provided in this section.
2: This Act does not apply to any work or activity of the Crown which—
a: is a use of land within the meaning of section 9
b: the Minister of Defence certifies is necessary for reasons of national security.
3: Section 9(3) Conservation Act 1987 Schedule 1
a: is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 Schedule 1
b: does not have a significant adverse effect beyond the boundary of the area of land.
3A: Section 9 Gazette
4:
5: An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—
a: it is a Crown organisation; and
b: the notice or direction is served or issued against the Crown organisation in its own name.
6: An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—
a: it is a Crown organisation; and
b: a local authority or the EPA
c: the order is made against the Crown organisation in its own name.
7: Subsections (5) and (6) apply despite section 17(1)﻿(a)
8: An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—
a: it is liable to be proceeded against for the alleged offence under subsection (9); and
b: the notice is served against the Crown organisation in its own name.
9: An instrument of the Crown may be prosecuted for an offence against this Act only if—
a: it is a Crown organisation; and
b: the offence is alleged to have been committed by the Crown organisation; and
c: the proceedings are commenced—
i: by a local authority , the EPA,
ii: against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
iii: in accordance with the Crown Organisations (Criminal Liability) Act 2002
10: However, subsections (8) and (9) are subject to section 8(4)
11: If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—
a: serving or issuing an abatement notice or excessive noise direction against it; and
b: making an enforcement order against it; and
c: serving an infringement notice on it; and
d: enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.
12: Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—
a: be served or issued with an abatement notice or excessive noise direction; or
b: have an enforcement order made against it; or
c: be served with an infringement notice; or
d: be prosecuted for an offence against this Act. Section 4(1) replaced 1 October 2009 section 6(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(3) replaced 7 July 1993 section 5 Resource Management Amendment Act 1993 Section 4(3) amended 1 October 2009 section 6(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(3A) inserted 8 December 2009 section 5 Corrections (Use of Court Cells) Amendment Act 2009 Section 4(4) repealed 7 July 1993 section 5 Resource Management Amendment Act 1993 Section 4(5) replaced 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(6) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(6)﻿(b) amended 1 July 2020 section 6(1) Resource Management Amendment Act 2020 Section 4(7) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(8) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(9) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(9)﻿(c)﻿(i) amended 1 July 2020 section 6(2) Resource Management Amendment Act 2020 Section 4(10) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(11) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(12) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009
4A: Application of this Act to ships and aircraft of foreign States
Except as otherwise expressly provided in any regulations made under this Act, this Act does not apply to any of the following:
a: warships of any State other than New Zealand:
b: aircraft of the defence forces of any State other than New Zealand:
c: any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes:
d: the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c). Section 4A inserted 20 August 1998 section 3 Resource Management Amendment Act 1994
2: Purpose and principles
5: Purpose
1: The purpose of this Act is to promote the sustainable management of natural and physical resources.
2: In this Act, sustainable management
a: sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
b: safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
c: avoiding, remedying, or mitigating any adverse effects of activities on the environment.
6: Matters of national importance
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:
a: the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:
b: the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:
c: the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:
d: the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:
e: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:
f: the protection of historic heritage from inappropriate subdivision, use, and development:
g: the protection of protected customary rights:
h: the management of significant risks from natural hazards. Section 6(f) inserted 1 August 2003 section 4 Resource Management Amendment Act 2003 Section 6(g) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 6(h) inserted 19 April 2017 section 6 Resource Legislation Amendment Act 2017
7: Other matters
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—
a: kaitiakitanga:
aa: the ethic of stewardship:
b: the efficient use and development of natural and physical resources:
ba: the efficiency of the end use of energy:
c: the maintenance and enhancement of amenity values:
d: intrinsic values of ecosystems:
e:
f: maintenance and enhancement of the quality of the environment:
g: any finite characteristics of natural and physical resources:
h: the protection of the habitat of trout and salmon:
i: the effects of climate change:
j: the benefits to be derived from the use and development of renewable energy. Section 7(aa) inserted 17 December 1997 section 3 Resource Management Amendment Act 1997 Section 7(ba) inserted 2 March 2004 section 5(1) Resource Management (Energy and Climate Change) Amendment Act 2004 Section 7(e) repealed 1 August 2003 section 5 Resource Management Amendment Act 2003 Section 7(i) inserted 2 March 2004 section 5(2) Resource Management (Energy and Climate Change) Amendment Act 2004 Section 7(j) inserted 2 March 2004 section 5(2) Resource Management (Energy and Climate Change) Amendment Act 2004
8: Treaty of Waitangi
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi
3: Duties and restrictions under this Act
Land
9: Restrictions on use of land
1: No person may use land in a manner that contravenes a national environmental standard unless the use—
a: is expressly allowed by a resource consent; or
b: is allowed by section 10
c: is an activity allowed by section 10A
d: is an activity allowed by section 20A
2: No person may use land in a manner that contravenes a regional rule unless the use—
a: is expressly allowed by a resource consent; or
b: is an activity allowed by section 20A
3: No person may use land in a manner that contravenes a district rule unless the use—
a: is expressly allowed by a resource consent; or
b: is allowed by section 10
c: is an activity allowed by section 10A
4: No person may contravene section 176 178 193 194
5: This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority.
6: This section does not apply to use of the coastal marine area. Section 9 replaced 1 October 2009 section 7 Resource Management (Simplifying and Streamlining) Amendment Act 2009
10: Certain existing uses in relation to land protected
1: Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if—
a: either—
i: the use was lawfully established before the rule became operative or the proposed plan was notified; and
ii: the effects of the use are the same or similar in character, intensity, and scale to those which existed before the rule became operative or the proposed plan was notified:
b: or—
i: the use was lawfully established by way of a designation; and
ii: the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed.
2: Subject to sections 357 to
a: an application has been made to the territorial authority within 2 years of the activity first being discontinued; and
b: the territorial authority has granted an extension upon being satisfied that—
i: the effect of the extension will not be contrary to the objectives and policies of the district plan
ii: the applicant has obtained approval from every person who may be adversely affected by the granting of the extension, unless in the authority's opinion it is unreasonable in all the circumstances to require the obtaining of every such approval.
3: This section does not apply if reconstruction or alteration of, or extension to, any building to which this section applies increases the degree to which the building fails to comply with any rule in a district plan or proposed district plan
4: For the avoidance of doubt, this section does not apply to any use of land that is—
a: controlled under section 30(1)﻿(c)
b: restricted under section 12
c: restricted under section 13
5: Nothing in this section limits section 20A
6: Section 10(1) replaced 7 July 1993 section 7(1) Resource Management Amendment Act 1993 Section 10(2) amended 10 August 2005 section 5 Resource Management Amendment Act 2005 Section 10(2)﻿(b)﻿(i) amended 7 July 1993 section 7(2) Resource Management Amendment Act 1993 Section 10(3) amended 7 July 1993 section 7(3) Resource Management Amendment Act 1993 Section 10(5) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 10(6) repealed 1 October 2009 section 8 Resource Management (Simplifying and Streamlining) Amendment Act 2009
10A: Certain existing activities allowed
1: In respect of the use of the surface of water in lakes and rivers where, as a result of a rule in a district plan becoming operative, or a rule in a proposed district plan taking legal effect in accordance with section 86B 149N(8) the rule in the rule in takes legal effect in accordance with section 86B or 149N(8)
a: the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B 149N(8)
b: the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B 149N(8)
c: the person carrying on the activity applies for a resource consent from the appropriate consent authority within 6 months of the rule in the plan becoming operative.
2: Any activity to which this section applies, and for which a resource consent has been applied for in accordance with subsection (1)﻿(c), may continue to be carried on until the application has been decided and any appeals have been determined. Section 10A inserted 7 July 1993 section 8 Resource Management Amendment Act 1993 Section 10A(1) amended 1 October 2009 section 9(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1) amended 1 October 2009 section 9(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1) amended 1 October 2009 section 9(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1) amended 1 October 2009 section 9(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1)﻿(a) amended 1 October 2009 section 9(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1)﻿(b) amended 1 October 2009 section 9(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009
10B: Certain existing building works allowed
1: Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use as defined in section 7
2: Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—
a: a building consent was issued and any amendments were incorporated in the building consent Building Act 2004 took legal effect in accordance with section 86B 149N(8)
b: the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.
3: Subsection (2) shall not apply if—
a: the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B 149N(8)
b: the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004
c: a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 took legal effect in accordance with section 86B 149N(8)
4: Section 10(4) and (5) Section 10B inserted 2 September 1996 section 4 Resource Management Amendment Act 1996 Section 10B(1) amended 31 March 2005 section 414 Building Act 2004 Section 10B(2)﻿(a) amended 1 October 2009 section 10(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10B(2)﻿(a) amended 31 March 2005 section 414 Building Act 2004 Section 10B(3)﻿(a) amended 1 October 2009 section 10(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10B(3)﻿(b) amended 31 March 2005 section 414 Building Act 2004 Section 10B(3)﻿(c) amended 1 October 2009 section 10(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10B(3)﻿(c) amended 31 March 2005 section 414 Building Act 2004 Section 10B(4) replaced 1 October 2009 section 10(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009
11: Restrictions on subdivision of land
1: No person may subdivide land, within the meaning of section 218
a: first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent; and second, is shown on one of the following:
i: a survey plan, as defined in paragraph (a)﻿(i) of the definition of survey plan in section 2(1) Part 10
ii: a survey plan, as defined in paragraph (a)﻿(ii) of the definition of survey plan in section 2(1) section 228
iii: a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1) Part 10
b: effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 Public Works Act 1981
c: effected by the establishment, change, or cancellation of a reserve under section 338
ca: effected by a transfer under section 23 State-Owned Enterprises Act 1986 section 27D
cb: effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 Conservation Act 1987 Schedule 1
cc: effected by transfer or gift of any land to Heritage New Zealand Pouhere Taonga Heritage New Zealand Pouhere Taonga Act 2014 Queen Elizabeth the Second National Trust Act 1977
d: effected by any transfer, exchange, or other disposition of land made by an order under subpart 3
1A:
2: Subsection (1) does not apply in respect of Maori land within the meaning of Te Ture Whenua Maori Act 1993 Section 11(1)﻿(a) replaced 1 July 2020 section 7(1) Resource Management Amendment Act 2020 Section 11(1)﻿(c) amended 7 July 1993 section 9(2) Resource Management Amendment Act 1993 Section 11(1)﻿(c) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 11(1)﻿(ca) inserted 7 July 1993 section 9(3) Resource Management Amendment Act 1993 Section 11(1)﻿(cb) inserted 7 July 1993 section 9(3) Resource Management Amendment Act 1993 Section 11(1)﻿(cc) inserted 7 July 1993 section 9(3) Resource Management Amendment Act 1993 Section 11(1)﻿(cc) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11(1)﻿(d) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 11(1A) repealed 1 July 2020 section 7(2) Resource Management Amendment Act 2020 Section 11(2) amended 7 July 1993 section 9(4) Resource Management Amendment Act 1993 Coastal marine area
12: Restrictions on use of coastal marine area
1: No person may , in the coastal marine area,
a: reclaim or drain any foreshore or seabed; or
b: erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or
c: disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or
d: deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or
e: destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or
f: introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed ; or
g: destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage— unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one),
2: No person may, unless expressly allowed by a national environmental standard, a rule in a regional coastal plan or in any proposed regional coastal plan for the same region, or a resource consent,—
a: occupy any part of the common marine and coastal area; or
b: remove any sand, shingle, shell, or other natural material from that area.
3: Without limiting subsection (1), no person may carry out any activity—
a: in, on, under, or over any coastal marine area; or
b: in relation to any natural and physical resources contained within any coastal marine area,— in a manner that contravenes a national environmental standard, a rule in a regional coastal plan, or a rule in a proposed regional coastal plan for the same region (if there is one) section 20A
4: In this Act
a:
b: remove any sand, shingle, shell, national environmental standard or the
5: This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council.
6: This section shall not apply to anything to which section 15A or 15B
7: This section does not prohibit a regional council from removing structures from the common marine and coastal area, in accordance with the requirements of section 19(3) to (3C) Section 12(1) amended 1 October 2009 section 12(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(1) amended 7 July 1993 section 10(1)﻿(a) Resource Management Amendment Act 1993 Section 12(1) amended 7 July 1993 section 10(1)﻿(b) Resource Management Amendment Act 1993 Section 12(1)﻿(f) amended 1 August 2003 section 6 Resource Management Amendment Act 2003 Section 12(1)﻿(g) inserted 1 August 2003 section 6 Resource Management Amendment Act 2003 Section 12(2) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 12(3) amended 1 October 2009 section 12(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(3) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 12(4) amended 17 December 1997 section 4(2) Resource Management Amendment Act 1997 Section 12(4) amended 7 July 1993 section 10(3) Resource Management Amendment Act 1993 Section 12(4)﻿(a) repealed 1 January 2005 section 5 Resource Management Amendment Act (No 2) 2004 Section 12(4)﻿(b) amended 1 October 2009 section 12(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(4)﻿(b) amended 7 July 1993 section 10(5) Resource Management Amendment Act 1993 Section 12(5) replaced 1 October 2009 section 12(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(6) inserted 20 August 1998 section 4 Resource Management Amendment Act 1994 Section 12(6) amended 20 August 1998 section 4(4) Resource Management Amendment Act 1997 Section 12(7) inserted 19 April 2017 section 7 Resource Legislation Amendment Act 2017
12A: Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
Section 12A repealed 1 October 2011 section 5 Resource Management Amendment Act (No 2) 2011
12B: Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
Section 12B repealed 1 October 2011 section 6 Resource Management Amendment Act (No 2) 2011 River and lake beds
13: Restriction on certain uses of beds of lakes and rivers
1: No person may, in relation to the bed of any lake or river,—
a: use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or
b: excavate, drill, tunnel, or otherwise disturb the bed; or
c: introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or
d: deposit any substance in, on, or under the bed; or
e: reclaim or drain the bed— unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one),
2: No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—
a: is expressly allowed by a resource consent; or
b: is an activity allowed by section 20A
2A: The activities are—
a: to enter onto or pass across the bed of a lake or river:
b: to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:
c: to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:
d: to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.
3: This section does not apply to any use of land in the coastal marine area.
4: Nothing in this section limits section 9 Section 13 heading amended 7 July 1993 section 11 Resource Management Amendment Act 1993 Section 13(1) replaced 7 July 1993 section 11 Resource Management Amendment Act 1993 Section 13(1) amended 1 October 2009 section 13(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 13(2) replaced 1 October 2009 section 13(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 13(2A) inserted 1 October 2009 section 13(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Water
14: Restrictions relating to water
1: No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity—
a: is expressly allowed by a resource consent; or
b: is an activity allowed by section 20A
2: No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3):
a: water other than open coastal water; or
b: heat or energy from water other than open coastal water; or
c: heat or energy from the material surrounding geothermal water.
3: A person is not prohibited by subsection (2)
a: the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one),
b: in the case of fresh water, the water, heat, or energy is required to be taken or used for—
i: an individual's reasonable domestic needs; or
ii: the reasonable needs of a person’s and the taking or use does not, or is not likely to, have an adverse effect on the environment; or
c: in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or
d: in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual's reasonable domestic or recreational needs and the taking, use, or diversion does not, or is not likely to, have an adverse effect on the environment; or
e: the water is required to be taken or used for emergency or training purposes in accordance with section 48 Section 14(1) replaced 1 October 2009 section 14(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(2) replaced 1 October 2009 section 14(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(3) amended 1 October 2009 section 14(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(3)﻿(a) amended 1 October 2009 section 14(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(3)﻿(b)﻿(ii) amended 19 April 2017 section 8 Resource Legislation Amendment Act 2017 Section 14(3)﻿(e) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Discharges
15: Discharge of contaminants into environment
1: No person may discharge any—
a: contaminant or water into water; or
b: contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or
c: contaminant from any industrial or trade premises into air; or
d: contaminant from any industrial or trade premises onto or into land— unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent
2: No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge—
a: is expressly allowed by other regulations; or
b: is expressly allowed by a resource consent; or
c: is an activity allowed by section 20A
2A: No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge—
a: is expressly allowed by a national environmental standard or other regulations; or
b: is expressly allowed by a resource consent; or
c: is an activity allowed by section 20A
3: This section shall not apply to anything to which section 15A section 15B Section 15(1) amended 1 October 2009 section 15(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 15(2) replaced 1 October 2009 section 15(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 15(2A) inserted 1 October 2009 section 15(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 15(3) inserted 20 August 1998 section 5 Resource Management Amendment Act 1994
15A: Restrictions on dumping and incineration of waste or other matter in coastal marine area
1: No person may, in the coastal marine area,—
a: dump any waste or other matter from any ship, aircraft, or offshore installation; or
b: incinerate any waste or other matter in any marine incineration facility— unless the dumping or incineration is expressly allowed by a resource consent.
2: No person may dump, in the coastal marine area, any ship, aircraft, or offshore installation unless expressly allowed to do so by a resource consent.
3: Nothing in this section permits the dumping of radioactive waste or radioactive matter (to which section 15C section 15B Section 15A inserted 20 August 1998 section 6 Resource Management Amendment Act 1994
15B: Discharge of harmful substances from ships or offshore installations
1: No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore installation into water, onto or into land, or into air, unless—
a: the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or
b: after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:
i: the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
ii: any conspicuous change of colour or visual clarity:
iii: any emission of objectionable odour:
iv: any significant adverse effects on aquatic life; or
c: the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on the environment.
2: No person may, in the coastal marine area, discharge water into water from any ship or offshore installation, unless—
a: the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or
b: after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.
3: Where regulations are made under this Act permitting or controlling a discharge to which subsections (1) or (2) apply, no rule can be included in a regional coastal plan, proposed regional coastal plan, regional plan, or proposed regional plan, or a resource consent granted relating to that discharge unless the regulations provide otherwise; and regulations may be made prohibiting the making of rules or the granting of resource consents for discharges.
4: No person may discharge a harmful substance or contaminant in reliance upon subsection (1)﻿(b) or (c) or subsection (2)﻿(b) if a regulation made under this Act, a rule, or a resource consent applies to that discharge; and regulations or rules may be made prohibiting a discharge which would otherwise be permitted in accordance with subsection (1)﻿(b) or (c) or subsection (2)﻿(b).
5: A discharge authorised by subsection (1) or subsection (2), regulations made under this Act section 7 Section 15B replaced 20 August 1998 section 6 Resource Management Amendment Act 1997
15C: Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
1: Notwithstanding anything to the contrary in this Act, no person may, in the coastal marine area,—
a: dump from any ship, aircraft, or offshore installation any radioactive waste or other radioactive matter; or
b: store any radioactive waste or other radioactive matter or toxic or hazardous waste on or in any land or water.
2: In this section,— radioactive waste or other radioactive matter section 257 toxic or hazardous waste Section 15C inserted 20 August 1998 section 6 Resource Management Amendment Act 1994 Noise
16: Duty to avoid unreasonable noise
1: Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or
2: A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9 12 13 14 15 15A 15B Section 16(1) amended 7 July 1993 section 14 Resource Management Amendment Act 1993 Section 16(2) replaced 1 October 2009 section 16 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Adverse effects
17: Duty to avoid, remedy, or mitigate adverse effects
1: Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—
a: any of sections 10 10A 10B 20A
b: a national environmental standard, a rule, a resource consent, or a designation.
2: The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
3: Notwithstanding subsection (2), an enforcement order or abatement notice may be made or served under Part 12
a: require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court
b: require a person to do something that, in the opinion of the Environment Court
4: Subsection (3) is subject to section 319(2) Environment Court Section 17(1) replaced 1 October 2009 section 17 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 17(3)﻿(a) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 17(3)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 17(4) inserted 7 July 1993 section 15(2) Resource Management Amendment Act 1993 Section 17(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Recognised customary activities Heading repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
17A: Recognised customary activity may be exercised in accordance with any controls
Section 17A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
17B: Adverse effects assessment
Section 17B repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Emergencies
18: Possible defence in cases of unforeseen emergencies
1: Any person who is prosecuted under section 338 sections 9 11 12 13 14 15 15A 15B section 341 section 341A section 341B
2: No person may be prosecuted for acting in accordance with section 330 Section 18(1) replaced 20 August 1998 section 8 Resource Management Amendment Act 1994 Procedure Heading inserted 19 April 2017 section 9 Resource Legislation Amendment Act 2017
18A: Procedural principles
Every person exercising powers and performing functions under this Act must take all practicable steps to—
a: use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions or powers being performed or exercised; and
b: ensure that policy statements and plans—
i: include only those matters relevant to the purpose of this Act; and
ii: are worded in a way that is clear and concise; and
c: promote collaboration between or among local authorities on their common resource management issues. Section 18A inserted 19 April 2017 section 9 Resource Legislation Amendment Act 2017 Effect of certain changes to plans Heading repealed 1 October 2009 section 18 Resource Management (Simplifying and Streamlining) Amendment Act 2009
19: Certain rules in proposed plans to be operative
Section 19 repealed 1 October 2009 section 18 Resource Management (Simplifying and Streamlining) Amendment Act 2009
20: Certain rules in proposed plans not to have effect
Section 20 repealed 1 October 2009 section 18 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Certain existing lawful activities allowed Heading inserted 1 October 2009 section 19 Resource Management (Simplifying and Streamlining) Amendment Act 2009
20A: Certain existing lawful activities allowed
1: If, as a result of a rule in a proposed regional plan taking legal effect in accordance with section 86B 149N(8)
a: before the rule took legal effect in accordance with section 86B 149N(8)
i: was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and
ii: was lawfully established; and
b: the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule took legal effect in accordance with section 86B 149N(8)
c: the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule took legal effect in accordance with section 86B 149N(8)
2: If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,—
a: before the rule became operative, the activity—
i: was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and
ii: was lawfully established; and
b: the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and
c: the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined. Section 20A replaced 1 August 2003 section 8 Resource Management Amendment Act 2003 Section 20A(1) amended 1 October 2009 section 20(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 20A(1)﻿(a) amended 1 October 2009 section 20(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 20A(1)﻿(b) amended 1 October 2009 section 20(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 20A(1)﻿(c) amended 1 October 2009 section 20(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Miscellaneous provisions
21: Avoiding unreasonable delay
Every person who exercises or carries out functions, powers, or duties, or is required to do anything, under this Act for which no time limits are prescribed shall do so as promptly as is reasonable in the circumstances.
22: Duty to give certain information
1: This section applies when an enforcement officer has reasonable grounds to believe that a person ( person A
2: The enforcement officer may direct person A to give the officer the following information:
a: if person A is a natural person, his or her full name, address, and date of birth:
b: if person A is not a natural person, person A's full name and address.
3: The enforcement officer may also direct person A to give the officer the following information about a person ( person B
a: if person B is a natural person, his or her full name, address, and date of birth:
b: if person B is not a natural person, person B's full name and address. Section 22 replaced 1 October 2009 section 21 Resource Management (Simplifying and Streamlining) Amendment Act 2009
23: Other legal requirements not affected
1: Compliance with this Act does not remove the need to comply with all other applicable legislation and other rules of law
2: The duties and restrictions described in this Part shall only be enforceable against any person through the provisions of this Act; and no person shall be liable to any other person for a breach of any such duty or restriction except in accordance with the provisions of this Act.
3: Nothing in subsection (2) limits or affects any right of action which any person may have independently of the provisions of this Act. Section 23(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
4: Functions, powers, and duties of central and local government
Functions, powers, and duties of Ministers
24: Functions of Minister for the Environment
The Minister for the Environment shall have the following functions under this Act:
a: the recommendation of the issue of national policy statements under section 52
b: the recommendation of the making of national environmental standards
ba: the approval of a national planning standard under section 58E
c: to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA
d: the recommendation of the approval of an applicant as a requiring authority under section 167 section 188
e: the recommendation of the issue of water conservation orders under section 214
f: the monitoring of the effect and implementation of this Act (including any regulations in force under it), national policy statements, national planning standards,
g: the monitoring of the relationship between the functions, powers, and duties of central government and local government under this Part
ga: the monitoring and investigation, in such manner as the Minister thinks fit, of any matter of environmental significance:
h: the consideration and investigation of the use of economic instruments (including charges, levies, other fiscal measures, and incentives) to achieve the purpose of this Act:
i: any other functions specified in this Act. Section 24(b) amended 10 August 2005 section 6(1) Resource Management Amendment Act 2005 Section 24(ba) inserted 19 April 2017 section 10(1) Resource Legislation Amendment Act 2017 Section 24(c) replaced 1 October 2009 section 22 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 24(f) amended 19 April 2017 section 10(2) Resource Legislation Amendment Act 2017 Section 24(g) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 24(ga) inserted 7 July 1993 section 17 Resource Management Amendment Act 1993
24A: Power of Minister for the Environment to investigate and make recommendations
The Minister for the Environment may—
a: investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act
b: make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and
c: investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act
d: make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and
e: take action under section 25 section 25A Section 24A inserted 10 August 2005 section 7 Resource Management Amendment Act 2005 Section 24A(a) amended 1 October 2009 section 23 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 24A(c) amended 1 October 2009 section 23 Resource Management (Simplifying and Streamlining) Amendment Act 2009
25: Residual powers of Minister for the Environment
1: Where any local authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister for the Environment considers necessary to achieve the purpose of this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.
2: The Minister shall not make an appointment under subsection (1) until—
a: the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and
b: the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties to the extent necessary to achieve the purpose of this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.
3: Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act shall apply accordingly.
4: All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.
25A: Minister may direct preparation of plan, change, or variation
1: The Minister for the Environment—
a: may direct a regional council—
i: to prepare a regional plan that addresses a resource management issue relating to a function in section 30
ii: to prepare a change to its regional plan that addresses the issue; or
iii: to prepare a variation to its proposed regional plan that addresses the issue; and
b: may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and
c: must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.
2: The Minister—
a: may direct a territorial authority—
i: to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31
ii: to prepare a variation to its proposed district plan that addresses the issue; and
b: must, in giving a direction, specify a reasonable period within which the change or variation must be notified. Section 25A inserted 10 August 2005 section 8 Resource Management Amendment Act 2005
25B: Ministers may direct commencement of review
1: The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence.
2: The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence.
3: The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence.
4: For the purposes of subsections (1) to (3), section 79(5) to (9) Section 25B inserted 1 October 2009 section 24 Resource Management (Simplifying and Streamlining) Amendment Act 2009
26: Minister may make grants and loans
1: The Minister for the Environment may make grants and loans on such conditions as he or she thinks fit to any person to assist in achieving the purpose of this Act.
2: All money spent or advanced by the Minister under this section shall be paid out of money appropriated by Parliament for the purpose.
3: All money received by the Minister under this Act shall be paid into a Section 26(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989
27: Minister may require local authorities to supply information
1: The Minister for the Environment may require the bodies described in subsection (2) to supply the information described in subsection (3).
2: The bodies are—
a: a local authority; and
b: a network utility operator approved as a requiring authority; and
c: a body corporate approved as a heritage protection authority.
3: The information is information to which all the following apply:
a: it is about the body's exercise of any of its functions, powers, or duties under this Act; and
b: it is held by the body; and
c: it may reasonably be required by the Minister.
4: The Minister must require the information in a notice that—
a: is in writing; and
b: is dated.
5: The body—
a: must supply the Minister with the information within—
i: 20 working days of the date of the notice; or
ii: a longer time set by the Minister; and
b: must not charge the Minister for the supply. Section 27 replaced 10 August 2005 section 9 Resource Management Amendment Act 2005
28: Functions of Minister of Conservation
The Minister of Conservation shall have the following functions under this Act:
a: the preparation and recommendation of New Zealand coastal policy statements under section 57
b: the approval of regional coastal plans in accordance with Schedule 1
c:
d: the monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits for restricted coastal activities
e:
f: any other functions specified in this Act. Section 28(c) repealed 1 October 2009 section 25(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 28(d) replaced 7 July 1993 section 19(1) Resource Management Amendment Act 1993 Section 28(d) amended 1 October 2009 section 25(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 28(e) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 28(f) inserted 1 October 2011 section 7 Resource Management Amendment Act (No 2) 2011
28A: Regional council must supply information to Minister of Conservation
1: The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council's monitoring of—
a: a coastal permit relating to its region; or
b: its regional coastal plan; or
c: the exercise of a protected customary right
2: The Minister of Conservation must request the required information by giving a written and dated notice to the regional council.
3: The council must supply the information to the Minister of Conservation within—
a: 20 working days of the date of the notice; or
b: a longer time set by the Minister of Conservation.
4: The council must not charge for supplying the information. Section 28A replaced 1 October 2009 section 26 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 28A(1)﻿(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
28B: Functions of Minister of Aquaculture
The Minister of Aquaculture has the following functions under this Act:
a: suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZD
b: making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZFA
c: recommending the making of regulations under sections 360A to 360C Section 28B inserted 1 October 2011 section 8 Resource Management Amendment Act (No 2) 2011
29: Delegation of functions by Ministers
1: Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister's department in accordance with clause 5
a: certifying any work or activity under section 4
b: appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25
c: recommending the making of a national environmental standard under section 44
d: recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52 53 57
da: approving, changing, replacing, or revoking a national planning standard under section 58E 58H
e: the following functions, powers, and duties under Part 6AA
i: deciding whether to make a direction under section 142(2) 147(1)
ii: appointing a board of inquiry under section 149J section 142(2) 147(1)﻿(a)
iii: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) 147(1)﻿(a)
iv: deciding whether to intervene in a matter under section 149ZA
v: deciding under section 149ZC section 149ZB
f: recommending the making of an Order in Council under section 150C
g: recommending the making of an Order in Council under section 165O
ga:
h: approving an applicant as a requiring authority under section 167
i: approving an applicant as a heritage protection authority under section 188
j: recommending the issue or amendment of a water conservation order under section 214 216
k: recommending the appointment of an Environment Judge or alternate Environment Judge under section 250
l: recommending the appointment of the Chief Environment Court Judge section 251
m: recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254
n: recommending the making of regulations under section 360
o: approving a regional coastal plan under clause 19
p:
q: this power of delegation.
2: A chief executive may, in accordance with clauses 2 3 clause 5
3: Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 6
4: The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under section 24(f) Part 6AA sections 357B to 357D
a: deciding whether to make a direction under section 142(2) 147(1)
b: appointing a board of inquiry under section 149J section 142(2) 147(1)﻿(a)
c: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) 147(1)﻿(a)
d: deciding whether to intervene in a matter under section 149ZA
e: deciding under section 149ZC section 149ZB
4A: The Minister of Conservation may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties—
a: under section 149ZD(4)
b: under sections 357B(b) 357C 357D
4B: The Environmental Protection Authority may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the Authority—
a: under section 149ZD(4)
b: under sections 357B(b) 357C 357D
5: A delegation under subsection (4) or (4A)
a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
b: does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.
6: A delegation under subsection (4B)—
a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and
b: does not prevent the Environmental Protection Authority from performing the functions or duties, or exercising the powers, concerned. Section 29(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 29(1)﻿(a) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(b) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(c) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(d) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(da) inserted 19 April 2017 section 11(1) Resource Legislation Amendment Act 2017 Section 29(1)﻿(e) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(f) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(g) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(ga) repealed 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(h) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(i) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(j) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(k) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(l) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(l) amended 1 July 2020 section 8 Resource Management Amendment Act 2020 Section 29(1)﻿(m) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(n) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(o) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)﻿(p) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 29(1)﻿(q) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 29(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 29(4) inserted 1 October 2009 section 27(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(4) amended 1 July 2011 section 5 Resource Management Amendment Act 2011 Section 29(4A) inserted 4 September 2013 section 5(1) Resource Management Amendment Act 2013 Section 29(4B) inserted 19 April 2017 section 11(2) Resource Legislation Amendment Act 2017 Section 29(5) inserted 1 October 2009 section 27(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(5) amended 4 September 2013 section 5(2) Resource Management Amendment Act 2013 Section 29(6) inserted 19 April 2017 section 11(3) Resource Legislation Amendment Act 2017
29A: Restriction on Ministerial direction
The Minister may not give a direction under section 103 section 42C(c) Section 29A inserted 1 July 2011 section 6 Resource Management Amendment Act 2011 Functions, powers, and duties of local authorities
30: Functions of regional councils under this Act
1: Every regional council shall have the following functions for the purpose of giving effect to this Act in its region:
a: the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the natural and physical resources of the region:
b: the preparation of objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance:
ba: the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in relation to housing and business land to meet the expected demands of the region:
c: the control of the use of land for the purpose of—
i: soil conservation:
ii: the maintenance and enhancement of the quality of water in water bodies and coastal water:
iii: the maintenance of the quantity of water in water bodies and coastal water:
iiia: the maintenance and enhancement of ecosystems in water bodies and coastal water:
iv: the avoidance or mitigation of natural hazards:
v:
ca: the investigation of land for the purposes of identifying and monitoring contaminated land:
d: in respect of any coastal marine area in the region, the control (in conjunction with the Minister of Conservation) of—
i: land and associated natural and physical resources:
ii: the occupation of space in, and the extraction of sand, shingle, shell, or other natural material from, the coastal marine area, to the extent that it is within the common marine and coastal area:
iii: the taking, use, damming, and diversion of water:
iv: discharges of contaminants into or onto land, air, or water and discharges of water into water:
iva: the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations:
v: any actual or potential effects of the use, development, or protection of land, including the avoidance or mitigation of natural hazards
vi: the emission of noise and the mitigation of the effects of noise:
vii: activities in relation to the surface of water:
e: the control of the taking, use, damming, and diversion of water, and the control of the quantity, level, and flow of water in any water body, including—
i: the setting of any maximum or minimum levels or flows of water:
ii: the control of the range, or rate of change, of levels or flows of water:
iii: the control of the taking or use of geothermal energy:
f: the control of discharges of contaminants into or onto land, air, or water and discharges of water into water:
fa: if appropriate, the establishment of rules in a regional plan to allocate any of the following:
i: the taking or use of water (other than open coastal water):
ii: the taking or use of heat or energy from water (other than open coastal water):
iii: the taking or use of heat or energy from the material surrounding geothermal water:
iv: the capacity of air or water to assimilate a discharge of a contaminant:
fb: if appropriate, and in conjunction with the Minister of Conservation,—
i: the establishment of rules in a regional coastal plan to allocate the taking or use of heat or energy from open coastal water:
ii: the establishment of a rule in a regional coastal plan to allocate space in a coastal marine area under Part 7A
g: in relation to any bed of a water body, the control of the introduction or planting of any plant in, on, or under that land, for the purpose of—
i: soil conservation:
ii: the maintenance and enhancement of the quality of water in that water body:
iii: the maintenance of the quantity of water in that water body:
iv: the avoidance or mitigation of natural hazards:
ga: the establishment, implementation, and review of objectives, policies, and methods for maintaining indigenous biological diversity:
gb: the strategic integration of infrastructure with land use through objectives, policies, and methods:
h: any other functions specified in this Act.
2: A regional council and the Minister of Conservation must not perform the functions specified in subsection (1)﻿(d)﻿(i), (ii), and (vii) to control the taking, allocation or enhancement of fisheries resources for the purpose of managing fishing or fisheries resources controlled under the Fisheries Act 1996
3: However, a regional council and the Minister of Conservation may perform the functions specified in subsection (1)﻿(d) to control aquaculture activities for the purpose of avoiding, remedying, or mitigating the effects of aquaculture activities on fishing and fisheries resources.
4: A rule to allocate a natural resource established by a regional council in a plan under subsection (1)﻿(fa) or (fb) may allocate the resource in any way, subject to the following:
a: the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and
b: nothing in paragraph (a) affects section 68(7)
c: the rule may allocate the resource in anticipation of the expiry of existing consents; and
d: in allocating the resource in anticipation of the expiry of existing consents, the rule may—
i: allocate all of the resource used for an activity to the same type of activity; or
ii: allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and
e: the rule may allocate the resource among competing types of activities; and
f: the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 14(3)﻿(b) to (e)
5: In this section and section 31 business land
a: business and business parks:
b: centres, to the extent that this zone allows business uses:
c: commercial:
d: industrial:
e: mixed use, to the extent that this zone allows business uses:
f: retail development capacity
a: the zoning, objectives, policies, rules, and overlays that apply to the land under the relevant proposed and operative regional policy statements, regional plans, and district plans; and
b: the capacity required to meet—
i: the expected short and medium term requirements; and
ii: the long term requirements; and
c: the provision of adequate development infrastructure to support the development of the land development infrastructure
a: water supply, wastewater, and storm water; and
b: to the extent that it is controlled by local authorities, land transport as defined in section 5(1) Section 30 heading amended 20 August 1998 section 9 Resource Management Amendment Act 1994 Section 30(1)﻿(ba) inserted 19 April 2017 section 12(1) Resource Legislation Amendment Act 2017 Section 30(1)﻿(c)﻿(iiia) inserted 1 August 2003 section 9(1) Resource Management Amendment Act 2003 Section 30(1)﻿(c)﻿(v) repealed 19 April 2017 section 12(2) Resource Legislation Amendment Act 2017 Section 30(1)﻿(ca) inserted 10 August 2005 section 11(1) Resource Management Amendment Act 2005 Section 30(1)﻿(d)﻿(ii) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 30(1)﻿(d)﻿(iva) inserted 20 August 1998 section 9 Resource Management Amendment Act 1994 Section 30(1)﻿(d)﻿(v) amended 19 April 2017 section 12(3) Resource Legislation Amendment Act 2017 Section 30(1)﻿(fa) inserted 10 August 2005 section 11(2) Resource Management Amendment Act 2005 Section 30(1)﻿(fb) inserted 10 August 2005 section 11(2) Resource Management Amendment Act 2005 Section 30(1)﻿(ga) inserted 1 August 2003 section 9(2) Resource Management Amendment Act 2003 Section 30(1)﻿(gb) inserted 10 August 2005 section 11(3) Resource Management Amendment Act 2005 Section 30(2) replaced 1 October 2011 section 9 Resource Management Amendment Act (No 2) 2011 Section 30(3) replaced 1 October 2011 section 9 Resource Management Amendment Act (No 2) 2011 Section 30(4) inserted 10 August 2005 section 11(4) Resource Management Amendment Act 2005 Section 30(5) inserted 19 April 2017 section 12(4) Resource Legislation Amendment Act 2017
31: Functions of territorial authorities under this Act
1: Every territorial authority shall have the following functions for the purpose of giving effect to this Act in its district:
a: the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:
aa: the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in respect of housing and business land to meet the expected demands of the district:
b: the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—
i: the avoidance or mitigation of natural hazards; and
ii:
iia: the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:
iii: the maintenance of indigenous biological diversity:
c:
d: the control of the emission of noise and the mitigation of the effects of noise:
e: the control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes:
f: any other functions specified in this Act.
2: The methods used to carry out any functions under subsection (1) may include the control of subdivision. Section 31 heading amended 7 July 1993 section 22 Resource Management Amendment Act 1993 Section 31(1)﻿(aa) inserted 19 April 2017 section 13(1) Resource Legislation Amendment Act 2017 Section 31(1)﻿(b) replaced 1 August 2003 section 10(1) Resource Management Amendment Act 2003 Section 31(1)﻿(b)﻿(ii) repealed 19 April 2017 section 13(2) Resource Legislation Amendment Act 2017 Section 31(1)﻿(b)﻿(iia) inserted 10 August 2005 section 12 Resource Management Amendment Act 2005 Section 31(1)﻿(c) repealed 1 August 2003 section 10(1) Resource Management Amendment Act 2003 Section 31(2) inserted 1 August 2003 section 10(2) Resource Management Amendment Act 2003
31A: Minister of Conservation to have certain powers of local authority
1: The Minister of Conservation—
a: has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the responsibilities, duties, and powers that a regional council would have under section 30(1)﻿(d)
b: may exercise, in respect of the islands specified in paragraph (a),—
i: the responsibilities, duties, and powers that a regional council would have under this Act if those islands were within the region
ii: the responsibilities, duties, and powers that a territorial authority would have under this Act if those islands were within the district of that territorial authority.
2: The responsibilities, duties, and powers conferred on the Minister of Conservation by subsection (1)﻿(b) are in addition to the powers conferred on that Minister by subsection (1)﻿(a).
3: The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act. Section 31A inserted 1 July 2003 section 262 Local Government Act 2002 Section 31A(1)﻿(b)﻿(i) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
32: Requirements for preparing and publishing evaluation reports
1: An evaluation report required under this Act must—
a: examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and
b: examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by—
i: identifying other reasonably practicable options for achieving the objectives; and
ii: assessing the efficiency and effectiveness of the provisions in achieving the objectives; and
iii: summarising the reasons for deciding on the provisions; and
c: contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal.
2: An assessment under subsection (1)﻿(b)﻿(ii) must—
a: identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—
i: economic growth that are anticipated to be provided or reduced; and
ii: employment that are anticipated to be provided or reduced; and
b: if practicable, quantify the benefits and costs referred to in paragraph (a); and
c: assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.
3: If the proposal (an amending proposal national planning standard, existing proposal
a: the provisions and objectives of the amending proposal; and
b: the objectives of the existing proposal to the extent that those objectives—
i: are relevant to the objectives of the amending proposal; and
ii: would remain if the amending proposal were to take effect.
4: If the proposal will impose a greater or lesser
4A: If the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1
a: summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1
b: summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.
5: The person who must have particular regard to the evaluation report must make the report available for public inspection—
a: as soon as practicable after the proposal is made (in the case of a standard, regulation, national policy statement, or New Zealand coastal policy statement
b: at the same time as the proposal is
6: In this section,— objectives
a: for a proposal that contains or states objectives, those objectives:
b: for all other proposals, the purpose of the proposal proposal national planning standard, provisions
a: for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change:
b: for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal. Section 32 replaced 3 December 2013 section 70 Resource Management Amendment Act 2013 Section 32(3) amended 19 April 2017 section 14(1) Resource Legislation Amendment Act 2017 Section 32(4) amended 19 April 2017 section 14(2) Resource Legislation Amendment Act 2017 Section 32(4A) inserted 19 April 2017 section 14(3) Resource Legislation Amendment Act 2017 Section 32(5)﻿(a) amended 24 October 2019 section 125 Statutes Amendment Act 2019 Section 32(5)﻿(b) amended 19 April 2017 section 14(4) Resource Legislation Amendment Act 2017 Section 32(6) proposal amended 19 April 2017 section 14(5) Resource Legislation Amendment Act 2017
32AA: Requirements for undertaking and publishing further evaluations
1: A further evaluation required under this Act—
a: is required only for any changes that have been made to, or are proposed for, the proposal since the evaluation report for the proposal was completed (the changes
b: must be undertaken in accordance with section 32(1) to (4)
c: must, despite paragraph (b) and section 32(1)﻿(c)
d: must—
i: be published in an evaluation report that is made available for public inspection at the same time as the approved proposal (in the case of a national policy statement or a New Zealand coastal policy statement or a national planning standard
ii: be referred to in the decision-making record in sufficient detail to demonstrate that the further evaluation was undertaken in accordance with this section.
2: To avoid doubt, an evaluation report does not have to be prepared if a further evaluation is undertaken in accordance with subsection (1)﻿(d)﻿(ii).
3: In this section, proposal national planning standard, Section 32AA inserted 3 December 2013 section 70 Resource Management Amendment Act 2013 Section 32AA(1)﻿(d)﻿(i) amended 19 April 2017 section 15(1)﻿(a) Resource Legislation Amendment Act 2017 Section 32AA(1)﻿(d)﻿(i) amended 19 April 2017 section 15(1)﻿(b) Resource Legislation Amendment Act 2017 Section 32AA(3) amended 19 April 2017 section 15(2) Resource Legislation Amendment Act 2017
32A: Failure to carry out evaluation
1: A challenge to an objective, policy, rule, or other method on the ground that an evaluation report required under this Act has not been prepared or regarded, a further evaluation required under this Act has not been undertaken or regarded, or section 32 32AA section 49 149E 149F 149O Schedule 1
2: Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposal from having regard to the matters stated in section 32
3: In this section, proposal national planning standard,
a: an evaluation report must be prepared under this Act; or
b: a further evaluation must be undertaken under this Act. Section 32A inserted 1 August 2003 section 11 Resource Management Amendment Act 2003 Section 32A(1) amended 3 December 2013 section 71(1) Resource Management Amendment Act 2013 Section 32A(1) amended 4 September 2013 section 6 Resource Management Amendment Act 2013 Section 32A(2) replaced 3 December 2013 section 71(2) Resource Management Amendment Act 2013 Section 32A(3) inserted 3 December 2013 section 71(2) Resource Management Amendment Act 2013 Section 32A(3) amended 19 April 2017 section 16 Resource Legislation Amendment Act 2017
33: Transfer of powers
1: A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.
2: For the purposes of this section, public authority
a: a local authority; and
b: an iwi authority; and
c:
d: a government department; and
e: a statutory authority; and
f: a joint committee set up for the purposes of section 80; and
g: a local board
3:
4: A local authority shall not transfer any of its functions, powers, or duties under this section unless—
a: it has used the special consultative procedure set out in section 83
b: before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and
c: both authorities agree that the transfer is desirable on all of the following grounds:
i: the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty:
ii: efficiency:
iii: technical or special capability or expertise.
5:
6: A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.
7: A public authority to which any function, power, or duty is transferred under this section may accept such transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.
8: A local authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.
9: A public authority to which any function, power, or duty has been transferred under this section, may relinquish the transfer in accordance with the transfer agreement. Section 33(1) replaced 1 August 2003 section 12(1) Resource Management Amendment Act 2003 Section 33(2) replaced 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 33(2)﻿(c) repealed 1 October 2011 section 11 Resource Management Amendment Act (No 2) 2011 Section 33(2)﻿(g) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 33(3) repealed 1 August 2003 section 12(2) Resource Management Amendment Act 2003 Section 33(4)﻿(a) replaced 1 July 2003 section 262 Local Government Act 2002 Section 33(5) repealed 1 August 2003 section 12(2) Resource Management Amendment Act 2003
34: Delegation of functions, etc, by local authorities
1: A local authority may delegate to any committee of the local authority established in accordance with the Local Government Act 2002
2: A territorial authority may delegate to any community board established in accordance with the Local Government Act 2002
3: Subsection (2) does not prevent a local authority delegating to a community board power to do anything before a final decision on the approval of a plan or any change to a plan.
3A: A unitary authority
3B: Subsection (3A) does not prevent a unitary authority
4:
5:
6:
7: Any delegation under this section may be made on such terms and conditions as the local authority thinks fit, and may be revoked at any time by notice to the delegate.
8: Except as provided in the instrument of delegation, every person to whom any function, power, or duty has been delegated under this section may, without confirmation by the local authority, exercise or perform the function, power, or duty in like manner and with the same effect as the local authority could itself have exercised or performed it.
9: Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.
10: A delegation under this section does not affect the performance or exercise of any function, power, or duty by the local authority.
11: In subsections (3A) and (3B), Auckland Council local board section 4(1) Section 34(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 34(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 34(3) replaced 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(3A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 34(3A) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 34(3B) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 34(3B) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 34(4) repealed 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(5) repealed 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(6) repealed 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(11) inserted 1 November 2010 Local Government (Auckland Transitional Provisions) Act 2010
34A: Delegation of powers and functions to employees and other persons
1: A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:
a: the approval of a proposed policy statement or plan under clause 17
b: this power of delegation.
1A: If a local authority is considering appointing 1 or more hearings commissioners to exercise a delegated power to conduct a hearing under Part 1 5
a: the local authority must consult tangata whenua through relevant iwi authorities on whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and
b: if the local authority considers it appropriate, it must appoint at least 1 commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.
2: A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:
a: the powers in subsection (1)﻿(a) and (b):
b: the decision on an application for a resource consent:
c: the making of a recommendation on a requirement for a designation.
3:
4: Section 34(7), (8), (9), and (10)
5: Subsection (1) or subsection (2) does not prevent a local authority delegating to any person the power to do anything before a final decision on a matter referred to in those subsections. Section 34A inserted 1 August 2003 section 14 Resource Management Amendment Act 2003 Section 34A(1)﻿(a) replaced 1 October 2009 section 28 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 34A(1A) inserted 19 April 2017 section 17 Resource Legislation Amendment Act 2017 Section 34A(3) repealed 10 August 2005 section 14 Resource Management Amendment Act 2005
35: Duty to gather information, monitor, and keep records
1: Every local authority shall gather such information, and undertake or commission such research, as is necessary to carry out effectively its functions under this Act or regulations under this Act
2: Every local authority shall monitor—
a: the state of the whole or any part of the environment of its region or district—
i: to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and
ii: in addition, by reference to any indicators or other matters prescribed by regulations made under this Act, and in accordance with the regulations; and
b: the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan; and
c: the exercise of any functions, powers, or duties delegated or transferred by it; and
ca: the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, or duties are exercised or performed; and
d: the exercise of the resource consents that have effect in its region or district, as the case may be ; and
e: in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3 and take appropriate action (having regard to the methods available to it under this Act) where this is shown to be necessary.
2AA: Monitoring required by subsection (2) must be undertaken in accordance with any regulations.
2A: Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)﻿(b).
3: Every local authority shall keep reasonably available at its principal office, information which is relevant to the administration of policy statements and plans, the monitoring of resource consents, and current issues relating to the environment of the area, to enable the public—
a: to be better informed of their duties and of the functions, powers, and duties of the local authority; and
b: to participate effectively under this Act.
4: Every local authority shall keep reasonably available at each of the offices in its region or district such of the information referred to in subsection (3) as relates to that part of the region or district.
5: The information to be kept by a local authority under subsection (3) shall include—
a: copies of its operative and any proposed policy statements and plans including all requirements for designations and heritage orders, and all operative and proposed changes to those policy statements and plans; and
aa: copies of all material incorporated by reference in any plan or proposed plan under Part 3
b: all its decisions relating to submissions on any proposed policy statements and plans which have not yet become operative; and
c: in the case of a territorial authority, copies of every operative and proposed regional policy statement and regional plan for the region of which its district forms part; and
d: in the case of a regional council, copies of every operative and proposed district plan for every territorial authority in its region; and
e: in the case of a regional council, a copy of every Order in Council served on it under section 154(a)
f: copies of any national environmental standard or
g: records of all applications for resource consents received by it; and
ga: records of all decisions under any of sections 37 , 87BA 87BB 87E 95 to 95G 198C 198H
gb: records of all resource consents granted within the local authority's region or district; and
gc: records of the transfer of any resource consent; and
h:
i: a summary of all written complaints received by it during the preceding 5 years concerning alleged breaches of the Act or a plan, and information on how it dealt with each such complaint; and
j: records of natural hazards to the extent that the local authority considers appropriate for the effective discharge of its functions; and
ja: in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and access strips in the district; and
jb: in the case of a regional council, records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and
k: any other information gathered under subsections (1) and (2).
6: In subsections (2)﻿(e) and (5)﻿(jb), regional council Section 35(1) amended 1 October 2009 section 29(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(2)﻿(a) replaced 4 September 2013 section 7(1) Resource Management Amendment Act 2013 Section 35(2)﻿(b) replaced 1 August 2003 section 15(1) Resource Management Amendment Act 2003 Section 35(2)﻿(ca) inserted 19 April 2017 section 18(1) Resource Legislation Amendment Act 2017 Section 35(2)﻿(d) amended 17 January 2005 section 10(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 35(2)﻿(e) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 35(2AA) inserted 19 April 2017 section 18(2) Resource Legislation Amendment Act 2017 Section 35(2A) inserted 1 August 2003 section 15(2) Resource Management Amendment Act 2003 Section 35(5)﻿(aa) inserted 10 August 2005 section 15 Resource Management Amendment Act 2005 Section 35(5)﻿(f) amended 1 October 2009 section 29(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(5)﻿(g) replaced 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)﻿(ga) inserted 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)﻿(ga) amended 18 October 2017 section 128 Resource Legislation Amendment Act 2017 Section 35(5)﻿(ga) amended 4 September 2013 section 7(2) Resource Management Amendment Act 2013 Section 35(5)﻿(ga) amended 1 October 2009 section 29(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(5)﻿(gb) inserted 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)﻿(gc) inserted 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)﻿(h) repealed 1 October 2009 section 29(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(5)﻿(ja) inserted 7 July 1993 section 24 Resource Management Amendment Act 1993 Section 35(5)﻿(jb) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 35(6) inserted 17 January 2005 section 10(3) Resource Management (Foreshore and Seabed) Amendment Act 2004
35A: Duty to keep records about iwi and hapu
1: For the purposes of this Act or regulations under this Act
a: the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act or regulations under this Act
b: the planning documents that are recognised by each iwi authority and lodged with the local authority; and
c: any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga ; and
d: any Mana Whakahono a Rohe entered into under section 58O
2: For the purposes of subsection (1)﻿(a) and (c),—
a: the Crown must provide to each local authority information on—
i: the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and
ii: any groups that represent hapu for the purposes of this Act or regulations under this Act
iii: the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and
b: the local authority must include in its records all the information provided to it by the Crown under paragraph (a).
3: In addition to any information provided by a local authority under subsection (2)﻿(a)﻿(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—
a: on iwi, obtained directly from the relevant iwi authority; and
b: on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act or regulations under this Act
4: In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act or regulations under this Act
5: If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—
a: the provision of the other enactment prevails; or
b: the advice given under the other enactment prevails; or
c: the determination made under the other enactment prevails.
6: Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act
7: Information required to be provided under this section must be provided in accordance with any prescribed requirements. Section 35A inserted 10 August 2005 section 16 Resource Management Amendment Act 2005 Section 35A(1) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(1)﻿(a) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(1)﻿(c) amended 19 April 2017 section 19(1) Resource Legislation Amendment Act 2017 Section 35A(1)﻿(d) inserted 19 April 2017 section 19(2) Resource Legislation Amendment Act 2017 Section 35A(2)﻿(a)﻿(ii) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(3)﻿(b) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(4) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(6) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(7) inserted 4 September 2013 section 8 Resource Management Amendment Act 2013
36: Administrative charges
1: A local authority may from time to time
a: charges payable by applicants for the preparation or change of a policy statement or plan, for the carrying out by the local authority of its functions in relation to such applications:
aa: charges payable by an applicant who makes a request under section 100A
ab: charges payable if 1 or more submitters make a request under section 100A
i: charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and
ii: charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i):
ac: charges payable by a requiring authority or heritage protection authority who makes a request under section 100A
ad: charges payable if 1 or more submitters make a request under section 100A
i: charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and
ii: charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i):
ae: charges payable by persons proposing to undertake an activity, for the carrying out by the local authority of its functions in relation to issuing a notice under section 87BA 87BB
af: charges payable by a person making an objection under section 357A(1)﻿(f) or (g) section 357AB
b: charges payable by applicants for resource consents, for the carrying out by the local authority of any 1 or more of and existing use certificates
c: charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to the administration, monitoring, and supervision of resource consents (including certificates of compliance and existing use certificates section 35
ca: charges payable by persons seeking authorisations under Part 7A
cb: charges payable by holders of resource consents, for the carrying out by the local authority of any 1 or more of
i: the review is carried out at the request of the consent holder; or
ii: the review is carried out under section 128(1)﻿(a)
iii: the review is carried out under section 128(1)﻿(c) ; or
iv: the review is carried out under section 128(2)
cc: charges payable by a person who carries out a permitted activity, for the monitoring of that activity, if the local authority is empowered to charge for the monitoring in accordance with section 43A(8)
cd: charges payable by the farm operator of a farm that is required to have a certified freshwater farm plan, for the carrying out by the local authority of its functions under section 217I
d: charges payable by requiring authorities and heritage protection authorities, for the carrying out by the local authority of any 1 or more of
e: charges for providing information in respect of plans and resource consents, payable by the person requesting the information:
f: charges for supply of documents, payable by the person requesting the document:
g: any kind of charge authorised for the purposes of this section by regulations.
1A: To avoid doubt, charges may be fixed under subsection (1) to recover costs incurred by the consent authority for performing its functions under—
a: sections 88 to 88F 91(1) and (2) 91A to 92B 95 95A(2) 96 to 103B section 15AA
b: Part 2 section 15AA
2: Charges fixed under this section must be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.
3: Charges may be fixed under this section only—
a: in the manner set out in section 150
b: after using the special consultative procedure set out in section 83
c: in accordance with section 36AAA
3A:
4: A local authority must fix a charge under this section if required to do so by regulations made under section 360F Additional charges
5: Except where regulations are made under section 360F
6: A local authority must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (5).
7: Sections 357B to 358 Other matters
8: Section 36AAB Section 36(1) amended 19 April 2017 section 20(1) Resource Legislation Amendment Act 2017 Section 36(1) amended 19 April 2017 section 20(3) Resource Legislation Amendment Act 2017 Section 36(1)﻿(aa) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(ab) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(ac) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(ad) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(ae) inserted 18 October 2017 section 129 Resource Legislation Amendment Act 2017 Section 36(1)﻿(af) inserted 18 October 2017 section 129 Resource Legislation Amendment Act 2017 Section 36(1)﻿(b) amended 1 October 2009 section 31(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(b) amended 10 August 2005 section 17(1) Resource Management Amendment Act 2005 Section 36(1)﻿(c) amended 10 August 2005 section 17(2) Resource Management Amendment Act 2005 Section 36(1)﻿(ca) inserted 1 January 2005 section 8 Resource Management Amendment Act (No 2) 2004 Section 36(1)﻿(cb) inserted 10 August 2005 section 17(3) Resource Management Amendment Act 2005 Section 36(1)﻿(cb) amended 1 October 2009 section 31(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(cb)﻿(iii) amended 1 October 2009 section 31(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(cb)﻿(iv) inserted 1 October 2009 section 31(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)﻿(cc) inserted 19 April 2017 section 20(2) Resource Legislation Amendment Act 2017 Section 36(1)﻿(cd) inserted 1 July 2020 section 9 Resource Management Amendment Act 2020 Section 36(1)﻿(d) amended 1 October 2009 section 31(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1A) inserted 19 April 2017 section 188(2) Resource Legislation Amendment Act 2017 Section 36(2) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(3) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(3A) repealed 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(4) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(5) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(6) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(7) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(8) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017
36AAA: Criteria for fixing administrative charges
1: When fixing charges under section 36
2: The sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates.
3: A particular person or particular persons should be required to pay a charge only—
a: to the extent that the benefit of the local authority’s actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or
b: where the need for the local authority's actions to which the charge relates results from the actions of those persons; or
c: in a case where the charge is in respect of the local authority's monitoring functions under section 35(2)﻿(a)
i: to the extent that the monitoring relates to the likely effects on the environment of those persons' activities; or
ii: to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the local authority as a whole.
4: The local authority may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—
a: in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or
b: where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority of carrying out any of its functions, powers, and duties. Section 36AAA inserted 19 April 2017 section 21 Resource Legislation Amendment Act 2017
36AAB: Other matters relating to administrative charges
1: A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in section 36
2: Where a charge of a kind referred to in section 36
3: However, subsection (2) does not apply to a charge to which section 36(1)﻿(ab)﻿(ii), (ad)﻿(ii), or (cb)﻿(iv)
4: A local authority must publish and maintain, on an Internet site to which the public has free access, an up-to-date list of charges fixed under section 36 Section 36AAB inserted 19 April 2017 section 21 Resource Legislation Amendment Act 2017
36AA: Local authority policy on discounting administrative charges
1: A local authority must provide a discount on an administrative charge imposed under section 36 as follows:
a: a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)﻿(hj)
b: a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)﻿(hj)
2: The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 section 360(1)﻿(hj)
2A: The Minister must ensure that regulations made under section 360(1)﻿(hj)
3: A local authority may adopt, in accordance with the special consultative procedure set out in section 83 section 36
a: an application for a resource consent or an application to change or cancel conditions under section 127
b: the responsibility for the failure rests with the local authority.
4: The policy must specify—
a: the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and
b: the procedure an applicant must follow to obtain the discount.
5: Section 36AA inserted 1 October 2009 section 32 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36AA(1) replaced 1 October 2011 section 12(1) Resource Management Amendment Act (No 2) 2011 Section 36AA(2A) inserted 1 October 2011 section 12(2) Resource Management Amendment Act (No 2) 2011 Section 36AA(5) repealed 1 October 2011 section 12(3) Resource Management Amendment Act (No 2) 2011 Duties of local authorities and applicants Heading inserted 10 August 2005 section 18 Resource Management Amendment Act 2005
36A: No duty under this Act to consult about resource consent applications and notices of requirement
1: The following apply to an applicant for a resource consent and the local authority:
a: neither has a duty under this Act to consult any person about the application; and
b: each must comply with a duty under any other enactment to consult any person about the application; and
c: each may consult any person about the application.
2: This section applies to a notice of requirement issued under any of sections 168 168A 189 189A
a: the notice were an application for a resource consent; and
b: the authority were an applicant. Section 36A inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 Powers and duties of local authorities and other public authorities Heading inserted 10 August 2005 section 18 Resource Management Amendment Act 2005
36B: Power to make joint management agreement
1: A local authority that wants to make a joint management agreement must—
a: notify the Minister that it wants to do so; and
b: satisfy itself—
i: that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement—
A: represents the relevant community of interest; and
B: has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and
ii: that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and
c: include in the joint management agreement details of—
i: the resources that will be required for the administration of the agreement; and
ii: how the administrative costs of the joint management agreement will be met.
2: A local authority that complies with subsection (1) may make a joint management agreement. Section 36B inserted 10 August 2005 section 18 Resource Management Amendment Act 2005
36C: Local authority may act by itself under joint management agreement
1: This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together.
2: The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind. Section 36C inserted 10 August 2005 section 18 Resource Management Amendment Act 2005
36D: Effect of joint management agreement
A decision made under a joint management agreement has legal Section 36D inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 Section 36D amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
36E: Termination of joint management agreement
Any party to a joint management agreement may terminate that agreement by giving the other parties 20 working days' notice. Section 36E inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 Waivers and extension of time limits
37: Power of waiver and extension of time limits
1: A consent authority or local authority may, in any particular case,—
a: extend a time period specified in this Act or in regulations, whether or not the time period has expired; or
b: waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents.
1A: However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM
2: If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—
a: waive compliance with the requirement; or
b: direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit. Section 37 replaced 1 August 2003 section 17 Resource Management Amendment Act 2003 Section 37(1A) inserted 1 October 2011 section 13 Resource Management Amendment Act (No 2) 2011
37A: Requirements for waivers and extensions
1: A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 37
a: the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
b: the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
c: its duty under section 21
2: A time period may be extended under section 37
a: a time not exceeding twice the maximum time period specified in this Act; or
b: a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.
3: Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of—
a: an application for a resource consent; or
b: an application to change or cancel a condition of a resource consent; or
c: a review of a resource consent.
4: A consent authority may extend a time period under section 37
a: the time period as extended does not exceed twice the maximum time period specified in this Act; and
b: either—
i: special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or
ii: the applicant agrees to the extension; and
c: the authority has taken into account the matters specified in subsection (1).
5: A consent authority may extend a time period under section 37
a: the applicant agrees to the extension; and
b: the authority has taken into account the matters specified in subsection (1).
6: A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver. Section 37A inserted 1 August 2003 section 17 Resource Management Amendment Act 2003 Section 37A(3) replaced 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37A(4) inserted 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37A(5) inserted 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37A(6) inserted 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009
37B: Persons to have powers of consent authority for purposes of sections 37 and 37A
The following bodies have the powers of a consent authority under sections 37 37A
a: the Minister, while carrying out any of his or her functions under Part 6AA
b: a board of inquiry appointed under section 149J Part 6AA section 149R
ba: the EPA, while carrying out its functions under Part 6AA section 146(1)
c: a special tribunal appointed under section 202
d: Section 37B inserted 1 August 2003 section 17 Resource Management Amendment Act 2003 Section 37B(a) replaced 1 October 2009 section 34 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37B(b) replaced 1 October 2009 section 34 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37B(ba) inserted 1 October 2009 section 34 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37B(d) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Enforcement officers
38: Authorisation and responsibilities of enforcement officers
1: A local authority may authorise—
a: any of its officers; or
b: any of the officers of any other local authority, or of the new Ministry or Maritime New Zealand to carry out all or any of the functions and powers as an enforcement officer under this Act.
2: A local authority may authorise any person who is—
a: the holder of a licence as a property guard issued under section 34
b: employed by a person authorised under paragraph (a) and who is—
i: the holder of a certificate of approval issued under section 40
ii: a person in respect of whom permission granted under section 37 to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 327 328
3: The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to 1 or more
a: compliance with a resource consent issued by that Minister under section 31A
b:
c:
4: Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed between the Minister and the local authority.
5: The local authority or Minister shall supply every enforcement officer authorised under this section
6: Every enforcement officer authorised under this section
7: Every enforcement officer who holds a warrant issued under this section shall, on the termination of his or her appointment as such, surrender the warrant to the local authority or Minister, as the case may be. Section 38(1)﻿(b) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 38(1)﻿(b) amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 38(1)﻿(b) amended 17 December 1997 section 9(1) Resource Management Amendment Act 1997 Section 38(2) amended 7 July 1993 section 26 Resource Management Amendment Act 1993 Section 38(2)﻿(a) replaced 1 April 2011 section 121(1) Private Security Personnel and Private Investigators Act 2010 Section 38(2)﻿(b) replaced 17 December 1997 section 9(2) Resource Management Amendment Act 1997 Section 38(3) amended 17 January 2005 section 12(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 38(3)﻿(a) replaced 1 October 2009 section 35(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 38(3)﻿(b) repealed 1 October 2009 section 35(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 38(3)﻿(c) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 38(5) amended 1 July 2020 section 10(1) Resource Management Amendment Act 2020 Section 38(6) amended 1 July 2020 section 10(2) Resource Management Amendment Act 2020 Powers and duties in relation to hearings
39: Hearings to be public and without unnecessary formality
1: Where a local authority, a consent authority, or a person given authority to conduct hearings under any of sections 33 34 34A 117 149J 202 357C
a: a proposed policy statement, a plan, a change, or a variation
b: an application for a resource consent; or
c:
d: an application to change or cancel a
e: a matter for which a direction has been made under section 142(2) 147(1)﻿(a)
f: a requirement for a designation or heritage order; or
fa: a requirement to alter a designation or heritage order; or
g: an application for a water conservation order,— the authority shall hold the hearing in public (unless permitted to do otherwise by section 42 Local Government Official Information and Meetings Act 1987
2: In determining an appropriate procedure for the purposes of subsection (1), the authority shall—
a: avoid unnecessary formality; and
b: recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
c: not permit any person other than the chairperson or other member of the hearing body to question any party or witness; and
d: not permit cross-examination.
3: Despite subsection (2), nothing in paragraph (c) or (d) of that subsection applies to a board of inquiry appointed under section 149J Section 39(1) amended 1 October 2009 section 36(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1) amended 10 August 2005 section 20(1) Resource Management Amendment Act 2005 Section 39(1) amended 10 August 2005 section 20(2) Resource Management Amendment Act 2005 Section 39(1) amended 7 July 1993 section 27(1) Resource Management Amendment Act 1993 Section 39(1)﻿(a) amended 1 October 2009 section 36(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)﻿(c) amended 1 October 2009 section 36(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)﻿(d) amended 1 October 2009 section 36(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)﻿(e) replaced 1 October 2009 section 36(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)﻿(fa) inserted 1 October 2009 section 36(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(2)﻿(b) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Section 39(3) inserted 4 September 2013 section 9 Resource Management Amendment Act 2013
39AA: Hearing using remote access facilities
Interpretation
1: In this section,— audio link audiovisual link remote access facility
a: audio link:
b: audiovisual link:
c: any other similar facility. Direction to use remote access facilities
2: For the purposes of section 39
3: A direction may be made under subsection (2)—
a: on the initiative of the authority itself; or
b: at the request of any person with a right to be heard at the hearing under section 40
4: An authority may make a direction under subsection (2) provided that the authority—
a: considers it appropriate and fair to do so; and
b: is satisfied that the necessary remote access facilities are available.
5: If a hearing is conducted in full or in part using a remote access facility, the authority must,—
a: if it is reasonably practicable to do so, enable access to the hearing by making the hearing available live and free of charge to the public, for example, on an Internet site; or
b: as soon as practicable after the hearing closes, make available free of charge on its Internet site—
i: an audio or a video recording of the hearing; or
ii: a written transcript of the hearing. Exclusions
6: This section does not apply—
a: to a public hearing if the relevant authority is represented by 1 or more persons appearing in person at the hearing and 1 or more persons make submissions or give evidence by means of a remote access facility; or
b: to a hearing to which section 47A Deemed compliance
7: A hearing conducted in full or in part before 25 March 2020 using a remote access facility is deemed to comply with this section. When
8: This section applies on and from 25 March 2020.
9: Section 39AA inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 39AA heading amended 1 July 2020 section 11(1) Resource Management Amendment Act 2020 Section 39AA(8) heading amended 1 July 2020 section 11(2) Resource Management Amendment Act 2020 Section 39AA(9) repealed 1 July 2020 section 11(3) Resource Management Amendment Act 2020
39A: Accreditation
1: The Minister must—
a: approve a qualification or qualifications establishing a person's accreditation; and
b: give notice of each qualification.
2: A notice under subsection (1)﻿(b) 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 39A inserted 10 August 2005 section 21 Resource Management Amendment Act 2005 Section 39A(1)﻿(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39B: Persons who may be given hearing authority
1: This section applies when a local authority wants to apply any of sections 33 34 section 34A
a: an application for a resource consent
b: a notice of requirement given under section 168 section 189
c: a request under clause 21(1) ; or
d: a review of a resource consent; or
e: an application to change or cancel a condition of a resource consent; or
f: a proposed policy statement or plan that is notified under clause 5 or given limited notification under clause 5A
g: any matter under section 357C
2: If the local authority wants to give authority to 1 person, it may do so only if the person is accredited.
3: If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if—
a: all persons in the group, including the chairperson, are accredited; or
b: the chairperson is accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.
4: If the local authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if—
a: all the persons in the group are accredited; or
b: over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited. Section 39B inserted 9 August 2006 section 22(1) Resource Management Amendment Act 2005 Section 39B(1)﻿(a) amended 12 September 2014 section 14(1) Resource Management Amendment Act (No 2) 2011 Section 39B(1)﻿(c) amended 12 September 2014 section 14(2) Resource Management Amendment Act (No 2) 2011 Section 39B(1)﻿(d) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(1)﻿(e) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(1)﻿(f) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(1)﻿(f) amended 19 April 2017 section 22 Resource Legislation Amendment Act 2017 Section 39B(1)﻿(g) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(3) replaced 12 September 2014 section 14(4) Resource Management Amendment Act (No 2) 2011 Section 39B(4) replaced 12 September 2014 section 14(4) Resource Management Amendment Act (No 2) 2011
39C: Effect of lack of accreditation
1: This section applies when a local authority purports to give authority under section 39B
2: No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B Section 39C inserted 10 August 2005 section 23 Resource Management Amendment Act 2005
40: Persons who may be heard at
hearings
1: At any hearing described in section 39
2: Notwithstanding subsection (1), the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support.
3: If—
a: the applicant; or
b: any person who made a submission and stated they wished to be heard at any such hearing— fails to appear at the hearing, the authority Section 40 heading amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 40(3) inserted 7 July 1993 section 28 Resource Management Amendment Act 1993 Section 40(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
41: Provisions relating to hearings
1: The following provisions of the Commissions of Inquiry Act 1908 sections 33 34 34A 117 149J 202
a: section 4
b: section 4B
c: section 4D
d: section 5
e: section 6
f: section 7
2: Every summons to a witness to appear at a hearing shall be in the prescribed form and be signed by the chairperson of the hearing.
3: All allowances for a witness shall be paid by the party on whose behalf the witness is called.
4: At every hearing conducted in relation to a matter described in section 39(1) section 42A Section 41(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41(1) amended 10 August 2005 section 24 Resource Management Amendment Act 2005 Section 41(4) inserted 7 July 1993 section 29 Resource Management Amendment Act 1993
41A: Control of hearings
An authority conducting a hearing on a matter described in section 39(1) any of sections 41B to 41D Section 41A inserted 10 August 2005 section 25(1) Resource Management Amendment Act 2005 Section 41A amended 18 October 2017 section 130 Resource Legislation Amendment Act 2017
41B: Directions to provide evidence within time limits
1: The authority may direct the applicant to provide briefs of evidence to the authority before the hearing.
2: The applicant must provide the briefs of evidence at least 10 working days before the hearing.
3: The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing.
4: The person must provide the briefs of evidence at least 5 working days before the hearing.
5:
6:
7: Section 41B inserted 10 August 2005 section 25(1) Resource Management Amendment Act 2005 Section 41B(5) repealed 3 March 2015 section 88 Resource Management Amendment Act 2013 Section 41B(6) repealed 3 March 2015 section 88 Resource Management Amendment Act 2013 Section 41B(7) repealed 3 March 2015 section 88 Resource Management Amendment Act 2013
41C: Directions and requests before or at hearings
1: Before or at the hearing, the authority may—
a: direct the order of business at the hearing, including the order in which evidence and submissions are presented; or
b: direct that evidence and submissions be—
i: recorded; or
ii: taken as read; or
iii: limited to matters in dispute; or
c: direct the applicant, when presenting evidence or a submission, to present it within a time limit; or
d: direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit.
2: Before or at the hearing, the authority may request a person who has made a submission to provide further information.
3: At the hearing, the authority may request the applicant to provide further information.
4: At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply:
a: the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and
b: the applicant is notified before the authority commissions the report; and
c: the applicant does not refuse to agree to the commissioning of the report.
5: The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission.
5A: Subsection (5B) applies to—
a: any further information that—
i: is requested under subsection (2) or (3); and
ii: is received in writing or electronically after the start of the hearing; but
iii: is not given as evidence at the hearing; and
b: any report that is commissioned under subsection (4).
5B: The authority must—
a: provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and
b: make the further information or report available at its office to any person who made a submission and did not state a wish to be heard.
5C: However, the authority does not need to provide further information to the applicant or submitter who provided the information.
6: At the hearing, the authority may direct a person presenting a submission not to present—
a: the whole submission, if all of it is irrelevant or not in dispute; or
b: any part of it that is irrelevant or not in dispute.
7:
8:
9: Section 41C inserted 10 August 2005 section 25(1) Resource Management Amendment Act 2005 Section 41C(5) replaced 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(5A) inserted 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(5B) inserted 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(5C) inserted 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(7) repealed 18 October 2017 section 131 Resource Legislation Amendment Act 2017 Section 41C(8) repealed 18 October 2017 section 131 Resource Legislation Amendment Act 2017 Section 41C(9) repealed 18 October 2017 section 131 Resource Legislation Amendment Act 2017
41D: Striking out submissions
1: An authority conducting a hearing on a matter described in section 39(1)
a: it is frivolous or vexatious:
b: it discloses no reasonable or relevant case:
c: it would be an abuse of the hearing process to allow the submission or the part to be taken further:
d: it is supported only by evidence that, though purporting to be independent expert evidence, has been prepared by a person who is not independent or who does not have sufficient specialised knowledge or skill to give expert evidence on the matter:
e: it contains offensive language.
2: An authority—
a: may make a direction under this section before, at, or after the hearing; and
b: must record its reasons for any direction made.
3: A person whose submission is struck out, in whole or in part, has a right of objection under section 357 Section 41D inserted 18 October 2017 section 132 Resource Legislation Amendment Act 2017
42: Protection of sensitive information
1: A local authority may, on its own motion or on the application of any party to any proceedings or class of proceedings, make an order described in subsection (2) where it is satisfied that the order is necessary—
a: to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of waahi tapu; or
b: to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information,— and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available.
2: A local authority may make an order for the purpose of subsection (1)—
a: that the whole or part of any hearing or class of hearing at which the information is likely to be referred to, shall be held with the public excluded (which order shall, for the purposes of subsections (3) to (5) of section 48
b: prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.
3: An order made under subsection (2)﻿(b) in relation to—
a: any matter described in subsection (1)﻿(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the local authority considers appropriate in the circumstances:
b: any matter described in subsection (1)﻿(b) may be expressed to have effect from the commencement of any proceedings to which it relates but shall cease to have any effect at the conclusion of those proceedings— and upon the date that such order ceases to have effect, the provisions of the Local Government Official Information and Meetings Act 1987
4: Any party to any proceedings or class of proceedings before a local authority may apply to the Environment Court section 279(3)﻿(a)
5: Where, on the application of any party to any proceedings or class of proceedings, a local authority has declined to make an order described in subsection (2), that party may apply to the Environment Court section 279(3)﻿(b)
6: In this section—
a: information
b: local authority
i: a board of inquiry appointed under section 47 149J
ia: a local board:
ii: a community board:
iii: a public body:
iv: a special tribunal:
v: a person given authority to conduct hearings under any of sections 33 34 34A 117 202 Section 42(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 42(5) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 42(6)﻿(b) replaced 1 October 2009 section 39 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42(6)﻿(b)﻿(ia) inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Reports Heading inserted 7 July 1993 section 30 Resource Management Amendment Act 1993
42A: Reports to local authority
1: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority (as local authority is defined in section 42(6)﻿(b) section 39(1)
1AA: The local authority may—
a: require an officer of the local authority to prepare the report; or
b: commission a consultant or any other person employed for the purpose to prepare the report.
1A: The report does not need to repeat information included in the applicant's application under section 88(2)
1B: Instead, the report may—
a: adopt all of the information; or
b: adopt any part of the information by referring to the part adopted.
2: Any report prepared under subsection (1) may be considered at any hearing conducted by the local authority.
3: If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy—
a: at least 15 working days before the hearing, if the authority gives a direction under section 41B
b: at least 5 working days before the hearing, if the authority does not give a direction under section 41B
4: If the report is in writing, the authority must—
a: make the report available at its office to any person who made a submission and did not state a wish to be heard; and
b: give written or electronic notice to those submitters that the report is available at the authority's office.
5: The local authority may waive compliance with—
a: subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or
b: subsection (4)﻿(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph. Section 42A inserted 7 July 1993 section 30 Resource Management Amendment Act 1993 Section 42A(1) replaced 4 September 2013 section 10 Resource Management Amendment Act 2013 Section 42A(1AA) inserted 4 September 2013 section 10 Resource Management Amendment Act 2013 Section 42A(1A) replaced 3 March 2015 section 89 Resource Management Amendment Act 2013 Section 42A(1B) replaced 3 March 2015 section 89 Resource Management Amendment Act 2013 Section 42A(3) replaced 1 October 2009 section 40(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42A(4) replaced 1 October 2009 section 40(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42A(5) inserted 1 October 2009 section 40(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009
4A: Environmental Protection Authority
Part 4A inserted 1 October 2009 section 41 Resource Management (Simplifying and Streamlining) Amendment Act 2009
42B: Establishment of Environmental Protection Authority
Section 42B repealed 1 July 2011 section 7 Resource Management Amendment Act 2011
42C: Functions of EPA
The functions of the Environmental Protection Authority are—
aa: to make recommendations to the Minister under section 144A section 142(1)
a: to receive matters lodged under section 145
b: to make recommendations to the Minister under section 146 149ZB
ba: to receive matters under section 149B(2)
c: to make decisions under section 139
d: to provide secretarial and support services to—
i: a board of inquiry appointed under section 149J
ii: a special tribunal appointed under section 202
daa: to provide planning advice under section 149L
dab: if requested by the Minister, to provide secretarial and support services to a person appointed under another Act to make a decision requiring the application of provisions of this Act as applied or modified by the other Act:
dac: if requested by the Minister, to provide advice and secretarial and support services to the Minister in relation to the Minister’s functions under the streamlined planning process ( see subpart 5 Part 5
da: to provide technical advice to the Minister on the development of a national environmental standard:
e: to exercise any powers or perform any functions or duties delegated to it by the Minister under section 29(4)
f: to perform the enforcement functions conferred by section 343F
g: if requested by the Minister, to provide secretarial and support services to assist the Chief Freshwater Commissioner in the exercise of his or her functions and powers in respect of the freshwater planning process; and
h: to exercise any other functions specified in this Act. Section 42C inserted 1 October 2009 section 41 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42C(aa) inserted 1 July 2011 section 8(1) Resource Management Amendment Act 2011 Section 42C(ba) inserted 1 July 2011 section 8(2) Resource Management Amendment Act 2011 Section 42C(d) inserted 1 July 2011 section 8(3) Resource Management Amendment Act 2011 Section 42C(daa) inserted 19 April 2017 section 23 Resource Legislation Amendment Act 2017 Section 42C(dab) inserted 19 April 2017 section 23 Resource Legislation Amendment Act 2017 Section 42C(dac) inserted 19 April 2017 section 23 Resource Legislation Amendment Act 2017 Section 42C(da) inserted 1 July 2011 section 8(4) Resource Management Amendment Act 2011 Section 42C(f) replaced 1 July 2020 section 12 Resource Management Amendment Act 2020 Section 42C(g) inserted 1 July 2020 section 12 Resource Management Amendment Act 2020 Section 42C(h) inserted 1 July 2020 section 12 Resource Management Amendment Act 2020
42CA: Cost recovery for specified function of EPA
1: If the Minister asks the EPA under section 42C(dab) supported person
a: the Minister may direct the EPA to recover from that person the actual and reasonable costs incurred by the EPA in providing the services; and
b: the EPA may recover those costs in accordance with the direction, but only to the extent that they are not provided for by an appropriation under the Public Finance Act 1989
2: The EPA must, on request by the supported person, provide an estimate of the costs likely to be recovered under this section.
3: When recovering costs under this section, the EPA must have regard to the following criteria:
a: the sole purpose is to recover the reasonable costs incurred in providing the services:
b: the supported person should be required to pay for costs only to the extent that the benefit of the services provided by the EPA is obtained by that person as distinct from the community as a whole:
c: the extent to which any activity by the supported person reduces the cost to the EPA of providing the services.
4: If the EPA requires a supported person to pay costs recoverable under this section, the costs are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction. Section 42CA inserted 19 April 2017 section 24 Resource Legislation Amendment Act 2017
42D: Secretary for the Environment to exercise functions of EPA
Section 42D repealed 1 July 2011 section 9 Resource Management Amendment Act 2011
5: Standards, policy statements, and plans
43AA: Interpretation
In this Act, unless the context requires another meaning,— change
a: a change proposed by a local authority to a policy statement or plan under clause 2 section 80F(1) or (2)
b: a change proposed by any person to a policy statement or plan by a request under clause 21 district plan
a: means an operative plan approved by a territorial authority under Schedule 1
b: includes all operative changes to the plan (whether arising from a review or otherwise) operative
a: has become operative—
i: in terms of clause 20
ii: under section 86F
b: has not ceased to be operative plan policy statement proposed policy statement clause 5 , or given limited notification under clause 5A clause 20 regional coastal plan
a: means an operative plan approved by the Minister of Conservation under Schedule 1
b: includes all operative changes to the plan (whether arising from a review or otherwise) regional plan
a: means an operative plan approved by a regional council under Schedule 1
b: includes a regional coastal plan regional policy statement
a: means an operative regional policy statement approved by a regional council under Schedule 1
b: includes all operative changes to the policy statement (whether arising from a review or otherwise) rule variation clause 16A
a: a proposed policy statement or plan; or
b: a change. Section 43AA inserted 1 October 2009 section 42 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43AA change replaced 21 December 2021 section 5 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 43AA proposed policy statement amended 19 April 2017 section 25(a) Resource Legislation Amendment Act 2017 Section 43AA proposed policy statement amended 19 April 2017 section 25(b) Resource Legislation Amendment Act 2017
43AAB: Meaning of district rule and regional rule
1: In this Act, unless the context otherwise requires, district rule section 76
2: Subsection (1) is subject to section 86B clause 10(5)
3: In this Act, unless the context otherwise requires, regional rule section 68
4: Subsection (3) is subject to section 86B clause 10(5) Section 43AAB inserted 1 October 2009 section 42 Resource Management (Simplifying and Streamlining) Amendment Act 2009
43AAC: Meaning of proposed plan
1: In this Act, unless the context otherwise requires, proposed plan
a: means a proposed plan, a variation to a proposed plan or change, or a change to a plan proposed by a local authority that has been notified under clause 5 or given limited notification under clause 5A clause 20
b: includes—
i: a proposed plan or a change to a plan proposed by a person under Part 2 clause 25(2)﻿(a)
ii: an IPI notified in accordance with section 80F(1) or (2)
2: Subsection (1) is subject to section 86B clause 10(5) Section 43AAC inserted 1 October 2009 section 42 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43AAC(1)﻿(a) amended 19 April 2017 section 26(a) Resource Legislation Amendment Act 2017 Section 43AAC(1)﻿(a) amended 19 April 2017 section 26(b) Resource Legislation Amendment Act 2017 Section 43AAC(1)﻿(b) replaced 21 December 2021 section 6 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
1: National direction
Subpart 1 heading inserted 19 April 2017 section 27 Resource Legislation Amendment Act 2017 National environmental standards Heading replaced 19 April 2017 section 27 Resource Legislation Amendment Act 2017
43: Regulations prescribing national environmental standards
1: The Governor-General may, by Order in Council, make regulations, to be known as national environmental standards, that prescribe any or all of the following technical standards, methods, or requirements:
a: standards for the matters referred to in section 9 section 11 section 12 section 13 section 14 section 15
i: contaminants:
ii: water quality, level, or flow:
iii: air quality:
iv: soil quality in relation to the discharge of contaminants:
b: standards for noise:
c: standards, methods, or requirements for monitoring.
2: The regulations may include:
a: qualitative or quantitative standards:
b: standards for any discharge or the ambient environment:
c: methods for classifying a natural or physical resource:
d: methods, processes, or technology to implement standards:
da: non-technical methods or requirements:
e: exemptions from standards:
f: transitional provisions for standards, methods, or requirements.
3: Section 360(2)
4: Regulations made under this section may apply—
a: generally; or
b: to any specified district or region of any local authority; or
c: to any specified part of New Zealand.
5: Regulations under this section 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 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 43 replaced 20 May 2003 section 18 Resource Management Amendment Act 2003 Section 43(1)﻿(a) amended 10 August 2005 section 27 Resource Management Amendment Act 2005 Section 43(2)﻿(da) inserted 19 April 2017 section 28(1) Resource Legislation Amendment Act 2017 Section 43(4) inserted 19 April 2017 section 28(2) Resource Legislation Amendment Act 2017 Section 43(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43A: Contents of national environmental standards
1: National environmental standards
a: prohibit an activity:
b: allow an activity:
c: restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard
d: require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard
e: specify, in relation to a rule made before the commencement of a national environmental standard
i: the extent to which any matter to which the standard
ii: the time period during which any matter to which the standard
f: require local authorities to review, under section 128(1) or consents a national environmental standard
2: A national environmental standard that prohibits an activity—
a: may do one or both of the following:
i: state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard , including the duration of a consent
ii: require compliance with the rules in a plan or proposed plan as a term or condition; or
b: may state that the activity is a prohibited activity.
3: If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)﻿(b) and (4),—
a: allow the activity, unless it states that a resource consent is required for the activity; or
b: state that the activity is a permitted activity.
4: A national environmental standard that allows an activity—
a: may state that a resource consent is not required for the activity; or
b: may do one or both of the following:
i: state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and
ii: require compliance with the rules in a plan or proposed plan as a term or condition.
5: If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:
a: a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and
b: the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and
c: if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.
6: A national environmental standard that allows a resource consent to be granted for an activity—
a: may state that the activity is—
i: a controlled activity; or
ii: a restricted discretionary activity; or
iii: a discretionary activity; or
iv: a non-complying activity; and
b: may state the matters over which—
i: control is reserved; or
ii: discretion is restricted.
7: A national environmental standard may specify the activities for which the consent authority—
a: must give public notification of an application for a resource consent:
b: is precluded from giving public notification of an application for a resource consent:
c: is precluded from giving limited notification of an application for a resource consent.
8: A national environmental standard may empower local authorities to charge for monitoring any specified permitted activities in the standard. Section 43A inserted 20 May 2003 section 18 Resource Management Amendment Act 2003 Section 43A heading replaced 1 October 2009 section 43(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43A(1) amended 10 August 2005 section 28(1) Resource Management Amendment Act 2005 Section 43A(1)﻿(b) replaced 10 August 2005 section 28(2) Resource Management Amendment Act 2005 Section 43A(1)﻿(c) amended 10 August 2005 section 28(3) Resource Management Amendment Act 2005 Section 43A(1)﻿(d) amended 10 August 2005 section 28(3) Resource Management Amendment Act 2005 Section 43A(1)﻿(e) amended 10 August 2005 section 28(4)﻿(a) Resource Management Amendment Act 2005 Section 43A(1)﻿(e)﻿(i) amended 10 August 2005 section 28(4)﻿(b) Resource Management Amendment Act 2005 Section 43A(1)﻿(e)﻿(ii) amended 10 August 2005 section 28(4)﻿(b) Resource Management Amendment Act 2005 Section 43A(1)﻿(f) amended 19 April 2017 section 29(1) Resource Legislation Amendment Act 2017 Section 43A(1)﻿(f) amended 10 August 2005 section 28(5) Resource Management Amendment Act 2005 Section 43A(2) replaced 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(2)﻿(a)﻿(i) amended 19 April 2017 section 29(2) Resource Legislation Amendment Act 2017 Section 43A(3) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(4) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(5) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(6) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(7) inserted 1 October 2009 section 43(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43A(8) inserted 19 April 2017 section 29(3) Resource Legislation Amendment Act 2017
43B: Relationship between national environmental standards and rules or consents
1: A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it.
2: For the purposes of subsection (1),—
a: a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises:
b: a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise.
3: A rule or resource consent that is more lenient than a national environmental standard prevails over the standard if the standard expressly says that a rule or consent may be more lenient than it.
4: For the purposes of subsection (3), a rule or resource consent is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.
5: A land use consent or a subdivision consent granted under the district rules published under the Legislation Act 2019
6: The following permits and consents prevail over a national environmental standard:
a: a coastal, water, or discharge permit:
b: a land use consent granted in relation to a regional rule.
6A: Subsection (6) applies—
a: if those permits or consents are granted before the date on which a relevant national environmental standard is published under the Legislation Act 2019
b: until a review of the conditions of the permit or consent under section 128(1)﻿(ba)
7: This subsection applies to a resource consent not covered by subsection (5) or (6). The consent prevails over a national environmental standard if the application giving rise to the consent was the subject of a decision on whether to notify it before the date on which the standard is published under the Legislation Act 2019
8:
9: If a national environmental standard requires a resource consent to be obtained for an activity, sections 10 10A 10B 20A(2) Section 43B replaced 10 August 2005 section 29 Resource Management Amendment Act 2005 Section 43B(3) replaced 19 April 2017 section 30(1) Resource Legislation Amendment Act 2017 Section 43B(5) replaced 1 October 2009 section 44 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43B(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43B(5) amended 19 April 2017 section 30(2) Resource Legislation Amendment Act 2017 Section 43B(6) replaced 19 April 2017 section 30(3) Resource Legislation Amendment Act 2017 Section 43B(6A) inserted 19 April 2017 section 30(3) Resource Legislation Amendment Act 2017 Section 43B(6A)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43B(7) replaced 1 October 2009 section 44 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43B(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43B(8) repealed 1 October 2009 section 44 Resource Management (Simplifying and Streamlining) Amendment Act 2009
43C: Relationship between national environmental standards and water conservation orders
1: A water conservation order that is more stringent than a national environmental standard applying to water prevails over the standard.
2: A national environmental standard applying to water that is more stringent than a water conservation order prevails over the order. Section 43C replaced 10 August 2005 section 29 Resource Management Amendment Act 2005
43D: Relationship between national environmental standards and designations
1: A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following:
a: the designation lapses:
b: the designation is altered under section 181
2: If the conditions of a designation are altered as described in subsection (1)﻿(b), the standard—
a: applies to the altered conditions; and
b: does not apply to the unaltered conditions.
3: A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,—
a: the designation exists; and
b: no outline plan for the designation has completed the process described in section 176A
4: A national environmental standard that exists when a designation is made prevails over the designation.
5: A use is not required to comply with a national environmental standard if—
a: the use was lawfully established by way of a designation that has lapsed; and
b: the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and
c: the standard is made—
i: after the designation was made; and
ii: before or after it lapses.
6: Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events:
a: the work is made; and
b: the standard is made; and
c: the designation is applied to the work.
7: In this section, conditions Section 43D replaced 10 August 2005 section 29 Resource Management Amendment Act 2005
43E: Relationship between national environmental standards and bylaws
1: A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it.
2: For the purposes of subsection (1), a bylaw is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises.
3: A bylaw may be more lenient than a national environmental standard if the standard expressly specifies that the bylaw may be more lenient.
4: For the purposes of subsection (3), a bylaw is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.
5: In this section, bylaw Section 43E replaced 10 August 2005 section 29 Resource Management Amendment Act 2005 Section 43E(3) replaced 19 April 2017 section 31 Resource Legislation Amendment Act 2017
43F: Description of discharges in national environmental standards for discharges
A national environmental standard for an activity that is a discharge may describe the discharge by referring to—
a: particular contaminants or sources of contaminants in a discharge; or
b: the circumstances or sources of a discharge. Section 43F inserted 10 August 2005 section 29 Resource Management Amendment Act 2005
43G: Incorporation of material by reference in national environmental standards
Section 43G repealed 19 April 2017 section 32 Resource Legislation Amendment Act 2017
44: Restriction on power to make national environmental standards
1: Before recommending the making of a national environmental standard to the Governor-General, the Minister must—
a: comply with section 46A(3)
b: prepare an evaluation report for the standard in accordance with section 32
c: have particular regard to that report when deciding whether to recommend the making of the standard; and
d: publicly notify the report and recommendation made under section 46A(4)﻿(c) 51(2)
2: For the purposes of subsection (1)﻿(a), the Minister—
a: must consider a report and any recommendations made to the Minister under section 46A(4)﻿(c) 51
b: may make any changes, or no changes, to the proposed national environmental standard as the Minister thinks fit.
2:
3: The Minister need not follow the steps in section 46A
a: that has no more than a minor effect; or
b: that corrects errors or makes similar technical alterations. Section 44 replaced 1 October 2009 section 45 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 44(1) replaced 19 April 2017 section 33(1) Resource Legislation Amendment Act 2017 Section 44(2) inserted 1 July 2020 section 13 Resource Management Amendment Act 2020 Section 44(2) repealed 19 April 2017 section 33(1) Resource Legislation Amendment Act 2017 Section 44(3) amended 19 April 2017 section 33(2) Resource Legislation Amendment Act 2017
44A: Local authority recognition of national environmental standards
1: Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard.
2: Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if—
a: both of the following apply:
i: the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and
ii: the standard does not expressly say that a rule may be more stringent than it; or
b: the rule in the plan is more lenient than a provision in the standard and the standard does not expressly specify that a rule may be more lenient than the provision in the standard.
3: If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)﻿(e)
a: without using the process in Schedule 1
b: in accordance with the specification in the national environmental standard.
4: If the duplication or conflict arises as described in section 43A(5)﻿(c)
a: without using the process in Schedule 1
b: as soon as practicable after the date on which the standard comes into force.
5: In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict—
a: without using the process in Schedule 1
b: as soon as practicable after the date on which the standard comes into force.
6: A local authority may amend a plan or proposed plan to include a reference to a national environmental standard—
a: without using the process in Schedule 1
b: after the date on which the standard comes into force.
7: Every local authority and consent authority must observe national environmental standards.
8: Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so. Section 44A inserted 1 October 2009 section 45 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 44A(2)﻿(b) replaced 19 April 2017 section 34 Resource Legislation Amendment Act 2017 National policy statements
45: Purpose of national policy statements (other than New Zealand coastal policy statements)
1: The purpose of national policy statements is to state objectives and policies for
2: In determining whether it is desirable to prepare a national policy statement, the Minister may have regard to—
a: the actual or potential effects of the use, development, or protection of natural and physical resources:
b: New Zealand's interests and obligations in maintaining or enhancing aspects of the national or global environment:
c: anything which affects or potentially affects any structure, feature, place, or area of national significance:
d: anything which affects or potentially affects more than 1 region:
e: anything concerning the actual or potential effects of the introduction or use of new technology or a process which may affect the environment:
f: anything which, because of its scale or the nature or degree of change to a community or to natural and physical resources, may have an impact on, or is of significance to, New Zealand:
g: anything which, because of its uniqueness, or the irreversibility or potential magnitude or risk of its actual or potential effects, is of significance to the environment of New Zealand:
h: anything which is significant in terms of section 8
i: the need to identify practices (including the measures referred to in section 24(h)
j: any other matter related to the purpose of a national policy statement. Section 45(1) amended 20 May 2003 section 19 Resource Management Amendment Act 2003
45A: Contents of national policy statements
1: A national policy statement must state objectives and policies for matters of national significance that are relevant to achieving the purpose of this Act.
2: A national policy statement may also state—
a: the matters that local authorities must consider in preparing policy statements and plans:
b: methods or requirements in policy statements or plans, and any specifications for how local authorities must apply those methods or requirements, including the use of models and formulae:
c: the matters that local authorities are required to achieve or provide for in policy statements and plans:
d: constraints or limits on the content of policy statements or plans:
e: objectives and policies that must be included in policy statements and plans:
f: directions to local authorities on the collection and publication of specific information in order to achieve the objectives of the statement:
g: directions to local authorities on monitoring and reporting on matters relevant to the statement, including—
i: directions for monitoring and reporting on their progress in relation to any provision included in the statement under this section; and
ii: directions for monitoring and reporting on how they are giving effect to the statement; and
iii: directions specifying standards, methods, or requirements for carrying out monitoring and reporting under subparagraph (i) or (ii):
h: any other matter relating to the purpose or implementation of the statement.
3: A national policy statement may apply—
a: generally; or
b: to any specified district or region of any local authority; or
c: to any specified part of New Zealand.
4: A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings.
5: Consultation undertaken before this section comes into force in relation to a matter included in a national policy statement satisfies the requirement for consultation under section 46A Section 45A inserted 19 April 2017 section 35 Resource Legislation Amendment Act 2017
46: Proposed national policy statement
Section 46 repealed 19 April 2017 section 36 Resource Legislation Amendment Act 2017
46A: Single process for preparing national directions
1: This section and sections 47 to 51
2: In this section and sections 46B to 51 national direction
a: a national environmental standard:
b: a national policy statement.
3: If the Minister proposes to issue a national direction, the Minister must either—
a: follow the requirements set out in sections 47 to 51
b: establish and follow a process that includes the steps described in subsection (4).
4: The steps required in the process established under subsection (3)﻿(b) must include the following:
a: the public and iwi authorities must be given notice of—
i: the proposed national direction; and
ii: why the Minister considers that the proposed national direction is consistent with the purpose of the Act; and
b: those notified must be given adequate time and opportunity to make a submission on the subject matter of the proposed national direction; and
c: a report and recommendations must be made to the Minister on the submissions and the subject matter of the national direction; and
d: the matters listed in section 51(1)
5: In preparing a national direction, the Minister may, at any time, consult on a draft national direction.
6: When choosing between subsection (3)﻿(a) and (b), the Minister may consider—
a: the advantages and disadvantages of preparing the proposed national direction quickly:
b: the extent to which the proposed national direction differs from—
i: other national environmental standards:
ii: other national policy statements:
iii: regional policy statements:
iv: plans:
c: the extent and timing of public debate and consultation that took place before the proposed national direction was prepared:
d: any other relevant matter.
7: If the Minister decides, after consulting as required by subsection (3), to recommend that regulations on the same subject matter as that consulted on be made under any of sections 360 to 360C
8: Section 46A replaced 19 April 2017 section 37 Resource Legislation Amendment Act 2017 Section 46A(2) amended 30 November 2022 section 109 Statutes Amendment Act 2022 Section 46A(7) amended 1 July 2020 section 14 Resource Management Amendment Act 2020 Section 46A(8) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
46B: Incorporation of material by reference in national
direction A national direction Schedule 1AA Section 46B inserted 10 August 2005 section 33 Resource Management Amendment Act 2005 Section 46B heading amended 19 April 2017 section 38(1) Resource Legislation Amendment Act 2017 Section 46B amended 19 April 2017 section 38(2) Resource Legislation Amendment Act 2017
47: Board of inquiry
1: The Minister must appoint a board of inquiry to inquire into, and report on, the proposed national direction
2: The Minister may, as the Minister sees fit,—
a: set terms of reference for the board of inquiry; and
b: set the rate of remuneration to be paid to members of the board of inquiry.
3: A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. Section 47 replaced 20 May 2003 section 20 Resource Management Amendment Act 2003 Section 47(1) amended 19 April 2017 section 39 Resource Legislation Amendment Act 2017 Section 47(3) inserted 1 October 2009 section 47 Resource Management (Simplifying and Streamlining) Amendment Act 2009
47A: Board of inquiry to suspend consideration or consider additional material
1: The Minister may, at any time before a board of inquiry reports to the Minister under section 51(2)
a: direct the board to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material):
b: provide the board with additional material to consider.
2: The Minister must give public notice of a direction under subsection (1)﻿(a), including the reasons for the direction.
3: A board of inquiry must suspend its inquiry in accordance with a direction under subsection (1)﻿(a). Section 47A inserted 1 October 2009 section 48 Resource Management (Simplifying and Streamlining) Amendment Act 2009
48: Public notification of proposal for national direction and inquiry
1: As soon as practicable after its appointment, a board of inquiry must ensure that—
a: public notice of the proposed national direction
b: a copy of the short summary of the notice referred to in section 2AB(1)﻿(b)
2: Every notice for the purposes of this section shall be in the prescribed form and shall state—
a: a description of the proposed national direction
ab: places at which the proposed national direction
b: that submissions on the proposed national direction
c: the closing date for submissions (which shall be not earlier than 20 working days after public notification). Section 48 heading replaced 19 April 2017 section 40(1) Resource Legislation Amendment Act 2017 Section 48(1) replaced 18 October 2017 section 133 Resource Legislation Amendment Act 2017 Section 48(1)﻿(a) amended 24 October 2019 section 126 Statutes Amendment Act 2019 Section 48(2)﻿(a) amended 19 April 2017 section 40(3) Resource Legislation Amendment Act 2017 Section 48(2)﻿(ab) inserted 20 May 2003 section 21(3) Resource Management Amendment Act 2003 Section 48(2)﻿(ab) amended 19 April 2017 section 40(3) Resource Legislation Amendment Act 2017 Section 48(2)﻿(b) amended 19 April 2017 section 40(3) Resource Legislation Amendment Act 2017 Section 48(2)﻿(b) amended 20 May 2003 section 21(4) Resource Management Amendment Act 2003
49: Submissions to board of inquiry
1: Any person may make a submission to the board of inquiry about a proposed national direction section 48
2: Every submission shall be in writing, shall be served on the board of inquiry, and shall state whether or not the person making the submission wishes to be heard in respect of the submission, and shall also state any other matter prescribed in regulations made under this Act. Section 49(1) amended 19 April 2017 section 41 Resource Legislation Amendment Act 2017
50: Conduct of hearing
1: Sections 39 to 42A direction
a: a consent authority or local authority were a reference to a board of inquiry; and
b: a proposed direction direction
2: The board of inquiry must give at least 10 working days' notice of the dates, times, and place of the hearing of the inquiry.
3: The Minister has the right to be heard at the hearing, despite anything in sections 39 to 42
4: To avoid doubt, subsection (3) does not limit the right of other persons to be heard under section 40 Section 50 replaced 20 May 2003 section 22 Resource Management Amendment Act 2003 Section 50(1) amended 19 April 2017 section 42 Resource Legislation Amendment Act 2017 Section 50(1)﻿(b) amended 19 April 2017 section 42 Resource Legislation Amendment Act 2017 Section 50(3) replaced 1 October 2009 section 49 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 50(4) inserted 1 October 2009 section 49 Resource Management (Simplifying and Streamlining) Amendment Act 2009
51: Matters to be considered and board of inquiry's report
1: The board of inquiry must consider the following matters:
a: the matters in Part 2
b: the proposed national direction
c: any submissions received on the proposed national direction
ca: if applicable, section 47A(1)﻿(b)
d: any evidence received; and
e: any other relevant matter.
2: After considering the matters, the board of inquiry must arrange for a report and recommendations to be made to the Minister within any terms of reference set by the Minister. Section 51 replaced 20 May 2003 section 22 Resource Management Amendment Act 2003 Section 51(1)﻿(b) amended 19 April 2017 section 43 Resource Legislation Amendment Act 2017 Section 51(1)﻿(c) amended 19 April 2017 section 43 Resource Legislation Amendment Act 2017 Section 51(1)﻿(ca) inserted 1 October 2009 section 50 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 51(1)﻿(ca) amended 1 July 2020 section 15 Resource Management Amendment Act 2020
51A: Withdrawal of proposed national policy statement
1: The Minister may withdraw all or part of a proposed national policy statement at any time before the statement is approved under section 52(2)
2: The Minister must give public notice of the withdrawal, including the reasons for the withdrawal.
3: If a board of inquiry has not reported to the Minister under section 51(2)
a: withdrawing all matters the board was appointed to inquire into, the board is discharged on and from the date of the notice; or
b: withdrawing any, but not all, of the matters the board was appointed to inquire into, the board must inquire into and report on only the matters that have not been withdrawn, despite any other section of this Act. Section 51A inserted 1 October 2009 section 51 Resource Management (Simplifying and Streamlining) Amendment Act 2009
52: Consideration of recommendations and approval
or withdrawal
1: In the case of a national policy statement, whether made in accordance with section 46A(3)﻿(a) or (b)
a: first, must consider a report and any recommendations made to him or her by a board of inquiry under section 46A(4)﻿(c) 51
b: secondly, may—
i: make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or
ii: withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal; and
c: thirdly, must undertake an section 32
2: The Governor-General in Council may, on the recommendation of the Minister, approve a national policy statement.
3: The Minister must, as soon as practicable after a national policy statement has been approved,—
a: issue the statement by having it published under the Legislation Act 2019
b: publicly notify the statement and the report in whatever form he or she thinks appropriate and send a copy to every local authority; and
c: provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations).
d:
4: A national policy statement under this section is secondary legislation ( see Part 3
5: That Act applies as if—
a: the Minister were the maker of the national policy statement; and
b: the national policy statement were made when the Order in Council under subsection (2) is made. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	give public notice of it (see section 2AB •	publish it in whatever form the maker thinks appropriate •	publish the Order in Council made under subsection (2) in the Gazette •	comply with subsection (3) and section 54(1) 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 52 replaced 20 May 2003 section 22 Resource Management Amendment Act 2003 Section 52 heading amended 1 October 2009 section 52(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 52(1) replaced 3 December 2013 section 75 Resource Management Amendment Act 2013 Section 52(1) amended 19 April 2017 section 44(1) Resource Legislation Amendment Act 2017 Section 52(1)﻿(a) amended 19 April 2017 section 44(2) Resource Legislation Amendment Act 2017 Section 52(1)﻿(c) amended 19 April 2017 section 44(3)﻿(a) Resource Legislation Amendment Act 2017 Section 52(1)﻿(c) amended 19 April 2017 section 44(3)﻿(b) Resource Legislation Amendment Act 2017 Section 52(3)﻿(a) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(3)﻿(c) replaced 1 October 2009 section 52(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 52(3)﻿(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
53: Changes to or review or revocation of national policy statements
1: The Minister may review, change, or revoke a national policy statement after using one of the processes referred to in section 46A(1)
2: The Minister may, without using a process referred to in subsection (1),—
a: amend a national policy statement if the amendment is of minor effect or corrects a minor error:
b: amend the NPS-UD in accordance with section 77S(2)
3: A change, revocation, or amendment 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 referred to in subsection (1). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	give public notice of it (see section 2AB •	publish it in whatever form the maker thinks appropriate •	publish the Order in Council made under section 52(2) Gazette •	comply with sections 52(3) 54(1) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	give public notice of it (see section 2AB •	publish it in whatever form the maker thinks appropriate •	comply with section 54(1) 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 53(1) amended 10 August 2005 section 34 Resource Management Amendment Act 2005 Section 53(2) replaced 21 December 2021 section 7 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 53(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Publication of national policy statements
1: When a national policy statement is issued, changed, or revoked, the Minister must send a copy of the statement, change, or revocation to every local authority.
2: When a national policy statement is reviewed, the Minister must—
a: publish the review in whatever form the Minister thinks appropriate; and
b: send a copy of the review to every local authority; and
c: give public notice of the review. Section 54 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
55: Local authority recognition of national policy statements
1: In subsections (2) and (2A), document
a: a regional policy statement; or
b: a proposed regional policy statement; or
c: a proposed plan; or
d: a plan; or
e: a variation.
2: A local authority must amend a document, if a national policy statement directs so,—
a: to include specific objectives and policies set out in the statement; or
b: so that objectives and policies specified in the document give effect to objectives and policies specified in the statement ; or
c: if it is necessary to make the document consistent with any constraint or limit set out in the statement.
2A: The local authority must—
a: make the amendments referred to in subsection (2) without using the process in Schedule 1
b: give public notice of the amendments within 5 working days after making them.
2B: The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document.
2C: The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1
2D: In all cases, the local authority must make the amendments—
a: as soon as practicable; or
b: within the time specified in the national policy statement (if any); or
c: before the occurrence of an event specified in the national policy statement (if any).
3: A local authority must also take any other action that is directed by
4: Section 55 replaced 20 May 2003 section 23 Resource Management Amendment Act 2003 Section 55(1) replaced 10 August 2005 section 35 Resource Management Amendment Act 2005 Section 55(2) replaced 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2)﻿(b) amended 19 April 2017 section 45(1) Resource Legislation Amendment Act 2017 Section 55(2)﻿(c) inserted 19 April 2017 section 45(2) Resource Legislation Amendment Act 2017 Section 55(2A) replaced 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2B) inserted 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2C) inserted 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2D) inserted 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(3) amended 19 April 2017 section 45(3) Resource Legislation Amendment Act 2017 Section 55(4) repealed 19 April 2017 section 45(4) Resource Legislation Amendment Act 2017 New Zealand coastal policy statements
56: Purpose of New Zealand coastal policy statements
The purpose of a New Zealand coastal policy statement is to state objectives and Section 56 amended 19 April 2017 section 46 Resource Legislation Amendment Act 2017
57: Preparation of New Zealand coastal policy statements
1: There shall at all times be at least 1 New Zealand coastal policy statement prepared, recommended, and issued using one of the processes referred to in section 46A(3) sections 46 to 52
2: Sections 53 54 55
3: For the status under the Legislation Act 2019
a: a New Zealand coastal policy statement, see section 52(4)
b: a change or amendment to, or revocation of, a New Zealand coastal policy statement, see section 53(3) Section 57(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 57(1) amended 19 April 2017 section 47 Resource Legislation Amendment Act 2017 Section 57(1) amended 10 August 2005 section 36 Resource Management Amendment Act 2005 Section 57(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
58: Contents of New Zealand coastal policy statements
1: A New Zealand coastal policy statement may state objectives and
a: national priorities for the preservation of the natural character of the coastal environment of New Zealand, including protection from inappropriate subdivision, use, and development:
b: the protection of the characteristics of the coastal environment of special value to the tangata whenua including waahi tapu, tauranga waka, mahinga maataitai, and taonga raranga:
c: activities involving the subdivision, use, or development of areas of the coastal environment:
d: the Crown's interests
e: the matters to be included in 1 or more regional coastal plans in regard to the preservation of the natural character of the coastal environment, including the activities that are required to be specified as restricted coastal activities because the activities—
i: have or are likely to have significant or irreversible adverse effects on the coastal marine area; or
ii: relate to areas in the coastal marine area that have significant conservation value:
f: the implementation of New Zealand's international obligations affecting the coastal environment:
g: the procedures and methods to be used to review the policies and to monitor their effectiveness:
ga: national priorities for maintaining and enhancing public access to and along the coastal marine area:
gb: the protection of protected customary rights
h: any other matter relating to the purpose of a New Zealand coastal policy statement.
2: A New Zealand coastal policy statement may also include any of the matters specified in section 45A(2) and (4)
3: A New Zealand coastal policy statement or any provisions of it may apply—
a: generally within the coastal environment; or
b: to any specified part of the coastal environment. Section 58(1) amended 10 August 2005 section 37 Resource Management Amendment Act 2005 Section 58(1)﻿(d) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 58(1)﻿(e) replaced 1 October 2009 section 54 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 58(1)﻿(ga) inserted 25 November 2004 section 13 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 58(1)﻿(gb) inserted 25 November 2004 section 13 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 58(1)﻿(gb) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 58(2) inserted 19 April 2017 section 48 Resource Legislation Amendment Act 2017 Section 58(3) inserted 19 April 2017 section 48 Resource Legislation Amendment Act 2017
58A: Incorporation of material by reference in New Zealand coastal policy statements
Section 58A repealed 19 April 2017 section 49 Resource Legislation Amendment Act 2017 National planning standards Heading inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
58B: Purposes of national planning standards
1: The purposes of national planning standards are—
a: to assist in achieving the purpose of this Act; and
b: to set out requirements or other provisions relating to any aspect of the structure, format, or content of regional policy statements and plans to address any matter that the Minister considers—
i: requires national consistency:
ii: is required to support the implementation of a national environmental standard, a national policy statement, a New Zealand coastal policy statement, or regulations made under this Act:
iii: is required to assist people to comply with the procedural principles set out in section 18A
2: In this section and sections 58C to 58K Section 58B inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
58C: Scope and contents of national planning standards
1: National planning standards must—
a: give effect to national policy statements; and
b: be consistent with—
i: national environmental standards; and
ii: regulations made under this Act; and
iii: water conservation orders.
2: National planning standards may specify—
a: any of the matters specified in section 45A(2) and (4)
b: objectives, policies, methods (including rules), and other provisions to be included in plans:
c: objectives, policies, methods (but not rules), and other provisions to be included in regional policy statements:
d: that a local authority must review, under section 128(1)
3: For the purpose of subsection (2)﻿(b), national planning standards may include any rules that could be included in any plan under section 68 68A to 70A 76 77A to 77D
4: A national planning standard may also—
a: specify the structure and form of regional policy statements and plans:
b: direct local authorities—
i: to use a particular structure and form for regional policy statements and plans:
ii: to include specific provisions in their policy statements and plans:
iii: to choose from a number of specific provisions to be included in their policy statements and plans:
c: direct whether a national planning standard applies generally, to specific regions or districts, or to other parts of New Zealand:
d: include time frames for local authorities to give effect to the whole or part of a national planning standard, including different time frames for different local authorities:
e: specify where local provisions must or may be included in regional policy statements and plans:
f: include requirements that relate to the electronic accessibility and functionality of policy statements and plans.
5: National planning standards may incorporate material by reference, and Schedule 1AA
6: National planning standards may, for ease of reference, set out (or incorporate by reference) provisions of a national policy statement, New Zealand coastal policy statement, or regulations (including a national environmental standard), but those provisions do not form part of a national planning standard for the purposes of any other provision of this Act or for any other purpose. Section 58C inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
58D: Preparation of national planning standards
1: If the Minister decides to prepare a national planning standard, the Minister must prepare it in accordance with this section and sections 58E to 58K
2: In preparing or amending a national planning standard, the Minister may have regard to—
a: whether it is desirable to have national consistency in relation to a resource management issue:
b: whether the national planning standard supports the implementation of national environmental standards, national policy statements, a New Zealand coastal policy statement, or regulations made under this Act:
c: whether the national planning standard should allow for local circumstances and, if so, to what extent:
d: whether it is appropriate for the national planning standard to apply to a specified district, region, or other parts of New Zealand rather than nationally:
e: any other matter that is relevant to the purpose of the national planning standard.
3: Before approving a national planning standard, the Minister must—
a: prepare a draft national planning standard; and
b: prepare an evaluation report in accordance with section 32
c: publicly notify the draft; and
d: establish a process that—
i: the Minister considers gives the public, local authorities, and iwi authorities adequate time and opportunity to make a submission on the draft; and
ii: requires a report and recommendations to be made to the Minister on those submissions and the subject matter of the draft. Section 58D inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
58E: Approval of national planning standard
1: Before approving a national planning standard, the Minister must—
a: consider the report and recommendations made under section 58D(3)﻿(d)﻿(ii)
b: carry out a further evaluation of the draft national planning standard in accordance with section 32AA
2: The Minister may—
a: approve a national planning standard after changing the draft in the manner that the Minister thinks fit; or
b: withdraw all or part of a draft national planning standard and give public notice of the withdrawal, including the reasons for the withdrawal.
3: National planning standards under this section are secondary legislation ( see Part 3
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	give notice of its approval in the Gazette •	give public notice of its approval (see section 2AB •	comply with section 58F 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 58E inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58E(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58E(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
58F: Publication of national planning standards and other documents
1: The Minister must ensure that—
a:
b: all national planning standards are published together in an integrated format that will assist the implementation of the national planning standards; and
c: copies of all national planning standards are provided to every local authority.
2: The Minister must publish all the national planning standards and the reports and any recommendations on them made to the Minister under section 58D(3)﻿(d) Section 58F inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58F(1)﻿(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
58G: First set of national planning standards
1: The Minister must ensure that a first set of national planning standards is approved not later than 2 years after the date on which this section comes into force.
2: The first set of national planning standards must include the following minimum requirements (the minimum requirements
a: a structure and form for policy statements and plans, including references to relevant national policy statements, national environmental standards, and regulations made under this Act; and
b: definitions; and
c: requirements for the electronic functionality and accessibility of policy statements and plans.
3: The Minister must ensure that, at all times after the approval of the first set of national planning standards, the minimum requirements are included in a planning standard. Section 58G inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
58H: Changing, replacing, or revoking national planning standards
1: The Minister may change or replace a national planning standard, following the process set out in sections 58D 58E
2: If a change to a national planning standard has not more than a minor effect or corrects errors or makes similar technical alterations, the Minister may make the change without following the process set out in sections 58D 58E
2A: The Minister may change the period for compliance specified in standards 17.2.a and 17.8.a of the National Planning Standards 2019 from 3 years to 5 years without following the process set out in sections 58D 58E Gazette section 58F(2)
3: The Minister may revoke a national planning standard in whole or in part, but must first give the public and iwi authorities notice, with adequate time and opportunity to comment on the proposed revocation.
4: The revocation of the whole or part of a national planning standard does not have the effect of revoking any provision of a plan included at the direction of, or in reliance on, a revoked provision of the national planning standard.
5: A change to or revocation of a national planning standard 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 referred to in subsection (2) or (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) or (3) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	comply with section 58F(2) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	give notice of its approval in the Gazette •	give public notice of its approval (see section 2AB •	comply with section 58F 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 58H inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58H(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58H(2A) inserted 3 November 2021 clause 9 COVID-19 Response (Management Measures) Legislation Act 2021 Section 58H(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58H(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
58I: Local authority recognition of national planning standards
1: In this section and sections 58J 58K document
a: a regional policy statement:
b: a proposed regional policy statement:
c: a proposed plan:
d: a plan:
e: a variation:
f: a change. Mandatory directions
2: If a national planning standard so directs, a local authority must amend each of its documents—
a: to include specific provisions in the documents; and
b: to ensure that the document is consistent with any constraint or limit placed on the content of the document under section 58C(2)﻿(a) to (c)
3: An amendment required by subsection (2) must—
a: be made without using any of the processes set out in Schedule 1
b: be made within the time specified in the national planning standard or (in the absence of a specified time) within 1 year after the date on which the national planning standard is published under the Legislation Act 2019
c: amend the document to include the provisions as directed; and
d: include any consequential amendments to any document as necessary to avoid duplication or conflict with the amendments; and
e: be publicly notified not later than 5 working days after the amendments are made under paragraph (d). Discretionary directions
4: If a national planning standard directs a local authority to choose from a number of specific provisions in a national planning standard, the local authority must—
a: choose an appropriate provision; and
b: use one of the processes set out in Schedule 1
c: notify any amendment required under this section within the time specified in the national planning standard, using any of the processes provided for by Schedule 1
d: make any consequential amendments to its documents needed to avoid duplication or inconsistency, but without using a process set out in Schedule 1
e: publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.
5: A document is amended as from the date of the relevant public notice under subsection (3)﻿(e) or (4)﻿(c).
6: For the purpose of subsection (4)﻿(a), a national planning standard may specify how local authorities are to choose relevant provisions from the national planning standard. Other changes that may be directed
7: A local authority must—
a: make all other amendments to any document that are required to give effect to any provision in a national planning standard that affects the document, using one of the processes set out in Schedule 1
b: notify all amendments required under paragraph (a) not later than 1 year after the date on which the national planning standard is published under the Legislation Act 2019
8: A local authority must also take any other action that is directed by a national planning standard.
9: This section and section 58J Section 58I inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58I(3)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58I(7)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021
58J: Time frames applying under first set of national planning standards
1: In the case of the first set of national planning standards, if a process provided by Schedule 1 Gazette section 58K
a: a different time is specified in the first set; or
b: subsection (3) applies.
2: Subsection (3) applies if—
a: a local authority has notified a proposed policy statement or plan before the first set of national planning standards is notified in the Gazette
b: a process provided by Schedule 1
3: If this subsection applies, the local authority must make the amendments required—
a: within the time specified in the national planning standard; or
b: if no time is specified, not later than 5 years after the date on which the proposed policy statement or plan becomes operative. Section 58J inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Publication of documents Heading inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
58K: Obligation to publish documents
Not later than 1 year after the date on which the approval of the first set of national planning standards is notified in the Gazette Section 58K inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017
2: Mana Whakahono a Rohe: Iwi participation arrangements
Subpart 2 inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58L: Definitions
In this subpart and Schedule 1 area of interest initiating iwi authority section 58O(1) iwi participation legislation Schedule 3 Mana Whakahono a Rohe participating authorities section 58O(5) participating iwi authorities
a: have agreed to participate in a Mana Whakahono a Rohe; and
b: have agreed the order in which negotiations are to be conducted relevant iwi authority relevant local authority local authority Section 58L inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Section 58L relevant local authority amended 24 October 2019 section 127 Statutes Amendment Act 2019 Purpose and guiding principles Heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58M: Purpose of Mana Whakahono a Rohe
The purpose of a Mana Whakahono a Rohe is—
a: to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under this Act; and
b: to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e) 7(a) 8 Section 58M inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58N: Guiding principles
In initiating, developing, and implementing a Mana Whakahono a Rohe, the participating authorities must use their best endeavours—
a: to achieve the purpose of the Mana Whakahono a Rohe in an enduring manner:
b: to enhance the opportunities for collaboration amongst the participating authorities, including by promoting—
i: the use of integrated processes:
ii: co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono a Rohe:
c: in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono a Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities:
d: to work together in good faith and in a spirit of co-operation:
e: to communicate with each other in an open, transparent, and honest manner:
f: to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise:
g: to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes:
h: to recognise that a Mana Whakahono a Rohe under this subpart does not limit the requirements of any relevant iwi participation legislation or the agreements associated with that legislation. Section 58N inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Initiating Mana Whakahono a Rohe Heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58O: Initiation of Mana Whakahono a Rohe
Invitation from 1 or more iwi authorities
1: At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001 initiating iwi authorities Obligations of local authorities that receive invitation
2: As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities—
a: may advise any relevant iwi authorities and relevant local authorities that the invitation has been received; and
b: must convene a hui or meeting of the initiating iwi authority and any iwi authority or local authority identified under paragraph (a) (the parties
3: The hui or meeting required by subsection (2)﻿(b) must be held not later than 60 working days after the invitation sent under subsection (1) is received, unless the parties agree otherwise.
4: The purpose of the hui or meeting is to provide an opportunity for the iwi authorities and local authorities concerned to discuss and agree on—
a: the process for negotiation of 1 or more Mana Whakahono a Rohe; and
b: which parties are to be involved in the negotiations; and
c: the times by which specified stages of the negotiations must be concluded.
5: The iwi authorities and local authorities that are able to agree at the hui or meeting how they will develop a Mana Whakahono a Rohe (the participating authorities
6: If 1 or more local authorities in an area are negotiating a Mana Whakahono a Rohe and a further invitation is received under subsection (1), the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the Mana Whakahono a Rohe. Other matters relevant to Mana Whakahono a Rohe
7: If an iwi authority and a local authority have at any time entered into a relationship agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono a Rohe entered into under this subpart.
8: The participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono a Rohe.
9: Nothing in this subpart prevents a local authority from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono a Rohe with, 1 or more iwi authorities. Section 58O inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58P: Other opportunities to initiate Mana Whakahono a Rohe
Later initiation by iwi authority
1: An iwi authority that, at the time of receiving an invitation to a meeting or hui under section 58O(2)﻿(b) Local Electoral Act 2001
2: If a Mana Whakahono a Rohe exists and another iwi authority in the same area as the initiating iwi wishes to initiate a Mana Whakahono a Rohe under section 58O(1)
3: The provisions of this subpart apply to any initiation under subsection (1). Initiation by local authority
4: A local authority may initiate a Mana Whakahono a Rohe with an iwi authority or with hapū.
5: The local authority and iwi authority or hapū concerned must agree on—
a: the process to be adopted; and
b: the time period within which the negotiations are to be concluded; and
c: how the Mana Whakahono a Rohe is to be implemented after negotiations are concluded.
6: If 1 or more hapū are invited to enter a Mana Whakahono a Rohe under subsection (4), the provisions of this subpart apply as if the references to an iwi authority were references to 1 or more hapū, to the extent that the provisions relate to the contents of a Mana Whakahono a Rohe ( see sections 58M 58N 58R 58T 58U Section 58P inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58Q: Time frame for concluding Mana Whakahono a Rohe
If an invitation is initiated under section 58O(1)
a: 18 months after the date on which the invitation is received; or
b: any other period agreed by all the participating authorities. Section 58Q inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Contents Heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58R: Contents of Mana Whakahono a Rohe
1: A Mana Whakahono a Rohe must—
a: be recorded in writing; and
b: identify the participating authorities; and
c: record the agreement of the participating authorities about—
i: how an iwi authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification Schedule 1
ii: how the participating authorities will undertake consultation requirements, including the requirements of section 34A(1A) clause 4A
iii: how the participating authorities will work together to develop and agree on methods for monitoring under this Act; and
iv: how the participating authorities will give effect to the requirements of any relevant iwi participation legislation, or of any agreements associated with, or entered into under, that legislation; and
v: a process for identifying and managing conflicts of interest; and
vi: the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono a Rohe, including the matters described in subsection (2).
2: The dispute resolution process recorded under subsection (1)﻿(c)﻿(vi) must—
a: set out the extent to which the outcome of a dispute resolution process may constitute an agreement—
i: to alter or terminate a Mana Whakahono a Rohe ( see
ii:
iii: to complete the review of a local authority’s policies and processes (to ensure that they are consistent with a Mana Whakahono a Rohe) see section 58T(2)
iv: jointly to review the effectiveness of a Mana Whakahono a Rohe at a later date ( see section 58T(3)
v: to undertake any additional reporting ( see section 58T(5)
b: require each of the participating authorities to bear its own costs for any dispute resolution process undertaken.
3: The dispute resolution process must not require a local authority to suspend commencing, continuing, or completing any process under the Act while the dispute resolution process is in contemplation or is in progress.
4: A Mana Whakahono a Rohe may also specify—
a: how a local authority is to consult or notify an iwi authority on resource consent matters, where the Act provides for consultation or notification:
b: the circumstances in which an iwi authority may be given limited notification as an affected party:
c: any arrangement relating to other functions, duties, or powers under this Act:
d: if there are 2 or more iwi authorities participating in a Mana Whakahono a Rohe, how those iwi authorities will work collectively together to participate with local authorities:
e: whether a participating iwi authority has delegated to a person or group of persons (including hapū) a role to participate in particular processes under this Act.
5: Unless the participating authorities agree,—
a: the contents of a Mana Whakahono a Rohe must not be altered; and
b: a Mana Whakahono a Rohe must not be terminated.
6: If 2 or more iwi authorities collectively have entered into a Mana Whakahono a Rohe with a local authority, any 1 of the iwi authorities, if seeking to amend the contents of the Mana Whakahono a Rohe, must negotiate with the local authority for that purpose rather than seek to enter into a new Mana Whakahono a Rohe. Section 58R inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Section 58R(1)﻿(c)﻿(i) amended 1 July 2020 section 16 Resource Management Amendment Act 2020 Section 58R(2)﻿(a)﻿(ii) repealed 24 October 2019 section 128(1) Statutes Amendment Act 2019 Section 58R(2)﻿(a)﻿(iii) amended 24 October 2019 section 128(2) Statutes Amendment Act 2019
58S: Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe
1: This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono a Rohe.
2: The participating authorities—
a: may by agreement undertake a binding process of dispute resolution; but
b: if they do not reach agreement on a binding process, must undertake a non-binding process of dispute resolution.
3: Whether the participating authorities choose a binding process or a non-binding process, each authority must—
a: jointly appoint an arbitrator or a mediator; and
b: meet its own costs of the process.
4: If the dispute remains unresolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister.
5: The Minister, with a view to assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono a Rohe, may—
a: appoint, and meet the costs of, a Crown facilitator:
b: direct the participating authorities to use a particular alternative dispute resolution process for that purpose. Section 58S inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58T: Review and monitoring
1: A local authority that enters into a Mana Whakahono a Rohe under this subpart must review its policies and processes to ensure that they are consistent with the Mana Whakahono a Rohe.
2: The review required by subsection (1) must be completed not later than 6 months after the date of the Mana Whakahono a Rohe, unless a later date is agreed by the participating authorities.
3: Every sixth anniversary after the date of a Mana Whakahono a Rohe, or at any other time by agreement, the participating authorities must jointly review the effectiveness of the Mana Whakahono a Rohe, having regard to the purpose of a Mana Whakahono a Rohe stated in section 58M section 58N
4: The obligations under this section are in addition to the obligations of a local authority under—
a: section 27
b: section 35
5: Any additional reporting may be undertaken by agreement of the participating authorities. Section 58T inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
58U: Relationship with iwi participation legislation
A Mana Whakahono a Rohe does not limit any relevant provision of any iwi participation legislation or any agreement under that legislation. Section 58U inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017
3: Local authority policy statements and plans
Subpart 3 heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Regional policy statements
59: Purpose of regional policy statements
The purpose of a regional policy statement is to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management of the natural and physical resources of the whole region.
60: Preparation and change of regional policy statements
1: There shall at all times be for each region 1 regional policy statement prepared by the regional council in the manner set out in Schedule 1
2: A regional policy statement may be changed in the manner set out in Schedule 1
61: Matters to be considered by regional council
(policy statements)
1: A regional council must prepare and change its regional policy statement in accordance with—
a: its functions under section 30
b: the provisions of Part 2
c: its obligation (if any) to prepare an evaluation report in accordance with section 32
d: its obligation to have particular regard to an evaluation report prepared in accordance with section 32
da: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
e: any regulations.
2: In addition to the requirements of section 62(3)
a: any—
i: management plans and strategies prepared under other Acts; and
ii:
iia: relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014
iii: regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and
iv: to the extent that their content has a bearing on resource management issues of the region; and
b: the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils ; and
c: the extent to which the regional policy statement needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
d: any emissions reduction plan made in accordance with section 5ZI
e: any national adaptation plan made in accordance with section 5ZS
2A: When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:
a: the council must take into account any relevant planning document recognised by an iwi authority; and
b: in relation to a planning document prepared by a customary marine title group under section 85 section 93
i: recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and
ii: take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.
3: In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition Section 61 heading amended 17 December 1997 section 11 Resource Management Amendment Act 1997 Section 61(1) replaced 3 December 2013 section 76 Resource Management Amendment Act 2013 Section 61(1)﻿(da) inserted 19 April 2017 section 52(1) Resource Legislation Amendment Act 2017 Section 61(2) amended 19 April 2017 section 52(2) Resource Legislation Amendment Act 2017 Section 61(2)﻿(a)﻿(ii) repealed 1 August 2003 section 24(1) Resource Management Amendment Act 2003 Section 61(2)﻿(a)﻿(iia) inserted 1 July 1993 section 118(2) Historic Places Act 1993 Section 61(2)﻿(a)﻿(iia) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 61(2)﻿(a)﻿(iii) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 61(2)﻿(a)﻿(iv) repealed 1 August 2003 section 24(1) Resource Management Amendment Act 2003 Section 61(2)﻿(b) amended 28 June 2013 section 176(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 61(2)﻿(c) inserted 28 June 2013 section 176(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 61(2)﻿(d) inserted 30 November 2022 section 17 Resource Management Amendment Act 2020 Section 61(2)﻿(e) inserted 30 November 2022 section 17 Resource Management Amendment Act 2020 Section 61(2A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 61(3) inserted 17 December 1997 section 11 Resource Management Amendment Act 1997 Section 61(3) amended 1 October 2009 section 55 Resource Management (Simplifying and Streamlining) Amendment Act 2009
62: Contents of regional policy statements
1: A regional policy statement must state—
a: the significant resource management issues for the region; and
b: the resource management issues of significance to iwi authorities in the region; and
c: the objectives sought to be achieved by the statement; and
d: the policies for those issues and objectives and an explanation of those policies; and
e: the methods (excluding rules) used, or to be used, to implement the policies; and
f: the principal reasons for adopting the objectives, policies, and methods of implementation set out in the statement; and
g: the environmental results anticipated from implementation of those policies and methods; and
h: the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities or between regions; and
i: the local authority responsible in the whole or any part of the region for specifying the objectives, policies, and methods for the control of the use of land—
i: to avoid or mitigate natural hazards or any group of hazards; and
ii:
iii: to maintain indigenous biological diversity; and
j: the procedures used to monitor the efficiency and effectiveness of the policies or methods contained in the statement; and
k: any other information required for the purpose of the regional council's functions, powers, and duties under this Act.
2: If no responsibilities are specified in the regional policy statement for functions described in subsection (1)﻿(i)﻿(i) or (ii), the regional council retains primary responsibility for the function in subsection (1)﻿(i)﻿(i) and the territorial authorities of the region retain primary responsibility for the function in subsection (1)﻿(i)﻿(ii).
3: A regional policy statement must not be inconsistent with any water conservation order and must give effect to a national policy statement , a New Zealand coastal policy statement, or a national planning standard Section 62 replaced 1 August 2003 section 25 Resource Management Amendment Act 2003 Section 62(1)﻿(b) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 62(1)﻿(i)﻿(ii) repealed 19 April 2017 section 53(1) Resource Legislation Amendment Act 2017 Section 62(3) amended 19 April 2017 section 53(2) Resource Legislation Amendment Act 2017 Regional plans
63: Purpose of regional plans
1: The purpose of the preparation, implementation, and administration of regional plans is to assist a regional council to carry out any of its functions in order to achieve the purpose of this Act.
2: Without limiting subsection (1), the purpose of the preparation, implementation, and administration of regional coastal plans is to assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region.
64: Preparation and change of regional coastal plans
1: There shall at all times be, for all the coastal marine area of a region, 1 or more regional coastal plans prepared in the manner set out in Schedule 1
2: A regional coastal plan may form part of a regional plan where it is considered appropriate in order to promote the integrated management of a coastal marine area and any related part of the coastal environment.
3: Where a regional coastal plan forms part of a regional plan, the Minister of Conservation shall approve only that part which relates to the coastal marine area.
4: A regional coastal plan may be changed in the manner set out in Schedule 1 Section 64(1) replaced 7 July 1993 section 35 Resource Management Amendment Act 1993 Section 64(1) amended 1 October 2011 section 15 Resource Management Amendment Act (No 2) 2011 Section 64(4) amended 1 October 2011 section 15 Resource Management Amendment Act (No 2) 2011
64A: Imposition of coastal occupation charges
1: Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional coastal plan or proposed regional coastal plan, a regional council must consider, after having regard to—
a: the extent to which public benefits from the coastal marine area are lost or gained; and
b: the extent to which private benefit is obtained from the occupation of the coastal marine area,— whether or not a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area
2: Where the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the regional coastal plan.
3: Where the regional council considers that a coastal occupation charging regime should be included, the council must, after having regard to the matters set out in paragraphs (a) and (b) of subsection (1), specify in the regional coastal plan—
a: the circumstances when a coastal occupation charge will be imposed; and
b: the circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and
c: the level of charges to be paid or the manner in which the charge will be determined; and
d: in accordance with subsection (5), the way the money received will be used.
4: No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the regional coastal plan.
4A: A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3
5: Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area. Section 64A inserted 17 December 1997 section 12 Resource Management Amendment Act 1997 Section 64A(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 64A(4A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
65: Preparation and change of other regional plans
1: A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)﻿(c), (ca), (e), (f), (fa), (fb), (g), or (ga)
1A: A regional council given a direction under section 25A(1)
a: prepare a regional plan that implements the direction; or
b: prepare a change to its regional plan in a way that implements the direction; or
c: prepare a variation to its regional plan in a way that implements the direction.
2: A plan must be prepared in accordance with Schedule 1
3: Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise:
a: any significant conflict between the use, development, or protection of natural and physical resources or the avoidance or mitigation of such conflict:
b: any significant need or demand for the protection of natural and physical resources or of any site, feature, place, or area of regional significance:
c: any risks from natural hazards:
d: any foreseeable demand for or on natural and physical resources:
e: any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources:
f: the restoration or enhancement of any natural and physical resources in a deteriorated state or the avoidance or mitigation of any such deterioration:
g: the implementation of a national policy statement or New Zealand coastal policy statement:
h: any use of land or water that has actual or potential adverse effects on soil conservation or air quality or water quality:
i: any other significant issue relating to any function of the regional council under this Act.
4: Any person may request a regional council to prepare or change a regional plan in the manner set out in Part 2
4A: A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA
a: is also the administering body in which the recreation reserve land is vested; and
b: agrees that the request and application may be made jointly.
5: A regional plan may be changed in the manner set out in the relevant Part of Schedule 1
6: A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—
a: the statement contains a provision to which the plan does not give effect; and
b: one of the following occurs:
i: the statement is reviewed under section 79
ii: the statement is reviewed under section 79
iii: the statement is changed or varied and becomes operative.
7: A regional council
a: within the time specified in the statement, if a time is specified; or
b: as soon as reasonably practicable, in any other case. Section 65(1) replaced 1 August 2003 section 26 Resource Management Amendment Act 2003 Section 65(1) amended 10 August 2005 section 39(1) Resource Management Amendment Act 2005 Section 65(1A) inserted 10 August 2005 section 39(2) Resource Management Amendment Act 2005 Section 65(2) replaced 1 August 2003 section 26 Resource Management Amendment Act 2003 Section 65(3)﻿(c) replaced 19 April 2017 section 54(1) Resource Legislation Amendment Act 2017 Section 65(4) amended 19 April 2017 section 54(2) Resource Legislation Amendment Act 2017 Section 65(4A) inserted 19 April 2017 section 188(3) Resource Legislation Amendment Act 2017 Section 65(5) amended 19 April 2017 section 54(3) Resource Legislation Amendment Act 2017 Section 65(6) inserted 10 August 2005 section 39(3) Resource Management Amendment Act 2005 Section 65(7) inserted 10 August 2005 section 39(3) Resource Management Amendment Act 2005 Section 65(7) amended 19 April 2017 section 54(4) Resource Legislation Amendment Act 2017
66: Matters to be considered by regional council (plans)
1: A regional council must prepare and change any regional plan in accordance with—
a: its functions under section 30
b: the provisions of Part 2
c: a direction given under section 25A(1)
d: its obligation (if any) to prepare an evaluation report in accordance with section 32
e: its obligation to have particular regard to an evaluation report prepared in accordance with section 32
ea: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
f: any regulations.
2: In addition to the requirements of section 67(3) and (4)
a: any proposed regional policy statement in respect of the region; and
b: the Crown's interests
c: any—
i: management plans and strategies prepared under other Acts; and
ii:
iia: relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014
iii: regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and
iv:
v: relevant project area and project objectives (as those terms are defined in section 9 section 98 to the extent that their content has a bearing on resource management issues of the region; and
d: the extent to which the regional plan needs to be consistent with the regional policy statements and plans, or proposed regional policy statements and proposed plans, of adjacent regional councils ; and
e: to the extent to which the regional plan needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
f: any emissions reduction plan made in accordance with section 5ZI
g: any national adaptation plan made in accordance with section 5ZS
2A: When a regional council is preparing or changing a regional plan, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:
a: the council must take into account any relevant planning document recognised by an iwi authority; and
b: in relation to a planning document prepared by a customary marine title group under section 85 section 93
i: recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and
ii: take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.
3: In preparing or changing any regional plan, a regional council must not have regard to trade competition or the effects of trade competition Section 66 heading amended 17 December 1997 section 13 Resource Management Amendment Act 1997 Section 66(1) replaced 3 December 2013 section 77 Resource Management Amendment Act 2013 Section 66(1)﻿(ea) inserted 19 April 2017 section 55 Resource Legislation Amendment Act 2017 Section 66(2) amended 10 August 2005 section 40(2) Resource Management Amendment Act 2005 Section 66(2)﻿(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 66(2)﻿(c)﻿(ii) repealed 1 August 2003 section 27(1) Resource Management Amendment Act 2003 Section 66(2)﻿(c)﻿(iia) inserted 1 July 1993 section 118(2) Historic Places Act 1993 Section 66(2)﻿(c)﻿(iia) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 66(2)﻿(c)﻿(iii) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 66(2)﻿(c)﻿(iv) repealed 1 August 2003 section 27(1) Resource Management Amendment Act 2003 Section 66(2)﻿(c)﻿(v) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 66(2)﻿(d) amended 28 June 2013 section 176(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 66(2)﻿(e) inserted 28 June 2013 section 176(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 66(2)﻿(f) inserted 30 November 2022 section 18 Resource Management Amendment Act 2020 Section 66(2)﻿(g) inserted 30 November 2022 section 18 Resource Management Amendment Act 2020 Section 66(2A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 66(3) inserted 17 December 1997 section 13 Resource Management Amendment Act 1997 Section 66(3) amended 1 October 2009 section 56 Resource Management (Simplifying and Streamlining) Amendment Act 2009
67: Contents of regional plans
1: A regional plan must state—
a: the objectives for the region; and
b: the policies to implement the objectives; and
c: the rules (if any) to implement the policies.
2: A regional plan may state—
a: the issues that the plan seeks to address; and
b: the methods, other than rules, for implementing the policies for the region; and
c: the principal reasons for adopting the policies and methods; and
d: the environmental results expected from the policies and methods; and
e: the procedures for monitoring the efficiency and effectiveness of the policies and methods; and
f: the processes for dealing with issues—
i: that cross local authority boundaries; or
ii: that arise between territorial authorities; or
iii: that arise between regions; and
g: the information to be included with an application for a resource consent; and
h: any other information required for the purpose of the regional council's functions, powers, and duties under this Act.
3: A regional plan must give effect to—
a: any national policy statement; and
b: any New Zealand coastal policy statement; and
ba: a national planning standard; and
c: any regional policy statement.
4: A regional plan must not be inconsistent with—
a: a water conservation order; or
b: any other regional plan for the region; or
c:
5: A regional plan must record how a regional council has allocated a natural resource under section 30(1)﻿(fa) or (fb) and (4)
6: A regional plan may incorporate material by reference under Part 3 Section 67 replaced 10 August 2005 section 41 Resource Management Amendment Act 2005 Section 67(3)﻿(ba) inserted 19 April 2017 section 56 Resource Legislation Amendment Act 2017 Section 67(4)﻿(c) repealed 1 October 2011 section 16 Resource Management Amendment Act (No 2) 2011
68: Regional rules
1: A regional council may, for the purpose of—
a: carrying out its functions under this Act (other than those described in paragraphs (a) and (b) of section 30(1)
b: achieving the objectives and policies of the plan,— include rules in a regional plan
2: Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail.
2A: Rules may be made under this section for the protection of other property (as defined in section 7
3: In making a rule, the regional council shall have regard to the actual or potential effect on the environment of activities, including, in particular, any adverse effect
3A:
3B:
4: A
a: has or is likely to have significant or irreversible adverse effects on a coastal marine area; or
b: occurs or is likely to occur in an area having significant conservation value.
5: A rule may—
a: apply throughout the region or a part of the region:
b: make different provision for—
i: different parts of the region; or
ii: different classes of effects arising from an activity:
c: apply all the time or for stated periods or seasons:
d: be specific or general in its application:
e: require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan.
6:
7: Where a regional plan includes a rule relating to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, the plan may state—
a: whether the rule shall affect, under section 130
b: that the holders of resource consents may comply with the terms of the rule, or rules, in stages or over specified periods.
8: Where regulations have been made under section 360(1)﻿(ha)
a: give public notice of the fact that such regulations have been made or revoked or have ceased to apply, as the case may be, and in such detail as the council considers appropriate, generally describe the nature of any rules deemed to be included in the plan or proposed plan by those regulations; and
b: ensure that a copy of any regulations deeming rules to be included in the plan or proposed plan is annexed to, and appropriate annotations are made in, every copy of that plan or proposed plan that is under the regional council's control.
9: Notwithstanding anything to the contrary in this section, no rule of a regional coastal plan shall authorise as a permitted activity any of the following activities to which section 15A
a: the dumping in the coastal marine area of any waste or other matter from any ship, aircraft, or offshore installation:
b: the dumping in the coastal marine area of any ship, aircraft, or offshore installation:
c: the incineration in the coastal marine area of any waste or other matter in any marine incineration facility.
10: Subject to subsection (9), sections 69 70(2)
11: A
a: provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or
b: provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or
c: treats the land as not contaminated for purposes stated in the rule. Section 68(1) amended 1 August 2003 section 29(1) Resource Management Amendment Act 2003 Section 68(2A) replaced 31 March 2005 section 414 Building Act 2004 Section 68(3) amended 1 August 2003 section 29(2) Resource Management Amendment Act 2003 Section 68(3A) repealed 1 August 2003 section 29(3) Resource Management Amendment Act 2003 Section 68(3B) repealed 1 August 2003 section 29(3) Resource Management Amendment Act 2003 Section 68(4) amended 1 August 2003 section 29(4) Resource Management Amendment Act 2003 Section 68(5)﻿(e) replaced 1 August 2003 section 29(5) Resource Management Amendment Act 2003 Section 68(6) repealed 17 December 1997 section 14 Resource Management Amendment Act 1997 Section 68(7) inserted 7 July 1993 section 37(4) Resource Management Amendment Act 1993 Section 68(8) inserted 20 August 1998 section 10 Resource Management Amendment Act 1994 Section 68(9) inserted 20 August 1998 section 10 Resource Management Amendment Act 1994 Section 68(10) inserted 20 August 1998 section 10 Resource Management Amendment Act 1994 Section 68(11) inserted 10 August 2005 section 42 Resource Management Amendment Act 2005 Section 68(11) amended 1 October 2009 section 57 Resource Management (Simplifying and Streamlining) Amendment Act 2009
68A: Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
1: Despite section 68 section 17
2: If, immediately before the commencement of section 17
a: any person may act, or continue to act, in accordance with the rule until any alteration of the rule has legal effect; but
b: a regional council must, as soon as is reasonably practicable and not later than 2 years after the commencement of section 17 section 79 Part 1 Section 68A replaced 1 October 2011 section 17 Resource Management Amendment Act (No 2) 2011
69: Rules relating to water quality
1: Where a regional council—
a: provides in a plan that certain waters are to be managed for any purpose described in respect of any of the classes specified in Schedule 3
b: includes rules in the plan about the quality of water in those waters,— the rules shall require the observance of the standards specified in that schedule in respect of the appropriate class or classes unless, in the council's opinion, those standards are not adequate or appropriate in respect of those waters in which case the rules may state standards that are more stringent or specific.
2: Where a regional council provides in a plan that certain waters are to be managed for any purpose for which the classes specified in Schedule 3
3: Subject to the need to allow for reasonable mixing of a discharged contaminant or water, a regional council shall not set standards in a plan which result, or may result, in a reduction of the quality of the water in any waters at the time of the public notification of the proposed plan unless it is consistent with the purpose of this Act to do so.
4: On and from the commencement of this subsection, Schedule 3 Section 69(4) inserted 19 April 2017 section 57 Resource Legislation Amendment Act 2017
70: Rules about discharges
1: Before a regional council includes in a regional plan a rule that allows as a permitted activity—
a: a discharge of a contaminant or water into water; or
b: a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water,— the regional council shall be satisfied that none of the following effects are likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants):
c: the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
d: any conspicuous change in the colour or visual clarity:
e: any emission of objectionable odour:
f: the rendering of fresh water unsuitable for consumption by farm animals:
g: any significant adverse effects on aquatic life.
2: Before a regional council includes in a regional plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the regional council shall be satisfied that, having regard to—
a: the nature of the discharge and the receiving environment; and
b: other alternatives, including a rule requiring the observance of minimum standards of quality of the environment,— the inclusion of that rule in the plan is the most efficient and effective means of preventing or minimising those adverse effects on the environment. Rules relating to discharge of greenhouse gases Heading repealed 30 November 2022 section 20 Resource Management Amendment Act 2020
70A: Application to climate change of rules relating to discharge of greenhouse gases
Section 70A repealed 30 November 2022 section 19 Resource Management Amendment Act 2020
70B: Implementation of
national environmental standards Section 70B repealed 30 November 2022 section 20 Resource Management Amendment Act 2020
71: Rules about esplanade reserves on reclamation
Section 71 repealed 7 July 1993 section 38 Resource Management Amendment Act 1993 District plans
72: Purpose of district plans
The purpose of the preparation, implementation, and administration of district plans is to assist territorial authorities to carry out their functions in order to achieve the purpose of this Act.
73: Preparation and change of district plans
1: There must at all times be 1 district plan for each district, prepared in the manner set out in the relevant Part of Schedule 1
1A: A district plan may be changed in the manner set out in the relevant Part of Schedule 1
1B: A territorial authority given a direction under section 25A(2)
2: Any person may request a territorial authority to change a district plan, and the plan may be changed in the manner set out in Part 2 5
2A: A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA
a: is also the administering body in which the recreation reserve land is vested; and
b: agrees that the request and application may be made jointly.
3: A district plan may be prepared in territorial sections.
4: A local authority must amend a proposed district plan or district plan to give effect to a regional policy statement, if—
a: the statement contains a provision to which the plan does not give effect; and
b: one of the following occurs:
i: the statement is reviewed under section 79
ii: the statement is reviewed under section 79
iii: the statement is changed or varied and becomes operative.
5: A local authority must comply with subsection (4)—
a: within the time specified in the statement, if a time is specified; or
b: as soon as reasonably practicable, in any other case. Section 73(1) replaced 19 April 2017 section 58(1) Resource Legislation Amendment Act 2017 Section 73(1A) replaced 19 April 2017 section 58(2) Resource Legislation Amendment Act 2017 Section 73(1B) inserted 10 August 2005 section 44(1) Resource Management Amendment Act 2005 Section 73(2) amended 19 April 2017 section 58(3) Resource Legislation Amendment Act 2017 Section 73(2A) inserted 19 April 2017 section 188(4) Resource Legislation Amendment Act 2017 Section 73(4) inserted 10 August 2005 section 44(2) Resource Management Amendment Act 2005 Section 73(5) inserted 10 August 2005 section 44(2) Resource Management Amendment Act 2005
74: Matters to be considered by territorial authority
1: A territorial authority must prepare and change its district plan in accordance with—
a: its functions under section 31
b: the provisions of Part 2
c: a direction given under section 25A(2)
d: its obligation (if any) to prepare an evaluation report in accordance with section 32
e: its obligation to have particular regard to an evaluation report prepared in accordance with section 32
ea: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
f: any regulations.
2: In addition to the requirements of section 75(3) and (4)
a: any—
i: proposed regional policy statement; or
ii: proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4
b: any—
i: management plans and strategies prepared under other Acts; and
ii:
iia: relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014
iii: regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and
iv: relevant project area and project objectives (as those terms are defined in section 9 section 98 to the extent that their content has a bearing on resource management issues of the district; and
c: the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities; and
d: any emissions reduction plan made in accordance with section 5ZI
e: any national adaptation plan made in accordance with section 5ZS
2A: A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.
3: In preparing or changing any district plan, a territorial authority must not have regard to trade competition or the effects of trade competition Section 74(1) replaced 3 December 2013 section 78 Resource Management Amendment Act 2013 Section 74(1)﻿(ea) inserted 19 April 2017 section 59 Resource Legislation Amendment Act 2017 Section 74(2) amended 10 August 2005 section 45(2) Resource Management Amendment Act 2005 Section 74(2)﻿(a) replaced 17 December 1997 section 15(1) Resource Management Amendment Act 1997 Section 74(2)﻿(b)﻿(ii) repealed 1 August 2003 section 31(1) Resource Management Amendment Act 2003 Section 74(2)﻿(b)﻿(iia) inserted 1 July 1993 section 118(2) Historic Places Act 1993 Section 74(2)﻿(b)﻿(iia) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 74(2)﻿(b)﻿(iii) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 74(2)﻿(b)﻿(iv) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 74(2)﻿(d) inserted 30 November 2022 section 21 Resource Management Amendment Act 2020 Section 74(2)﻿(e) inserted 30 November 2022 section 21 Resource Management Amendment Act 2020 Section 74(2A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 74(3) inserted 17 December 1997 section 15(2) Resource Management Amendment Act 1997 Section 74(3) amended 1 October 2009 section 58 Resource Management (Simplifying and Streamlining) Amendment Act 2009
75: Contents of district plans
1: A district plan must state—
a: the objectives for the district; and
b: the policies to implement the objectives; and
c: the rules (if any) to implement the policies.
2: A district plan may state—
a: the significant resource management issues for the district; and
b: the methods, other than rules, for implementing the policies for the district; and
c: the principal reasons for adopting the policies and methods; and
d: the environmental results expected from the policies and methods; and
e: the procedures for monitoring the efficiency and effectiveness of the policies and methods; and
f: the processes for dealing with issues that cross territorial authority boundaries; and
g: the information to be included with an application for a resource consent; and
h: any other information required for the purpose of the territorial authority's functions, powers, and duties under this Act.
3: A district plan must give effect to—
a: any national policy statement; and
b: any New Zealand coastal policy statement; and
ba: a national planning standard; and
c: any regional policy statement.
4: A district plan must not be inconsistent with—
a: a water conservation order; or
b: a regional plan for any matter specified in section 30(1)
5: A district plan may incorporate material by reference under Part 3 Section 75 replaced 10 August 2005 section 46 Resource Management Amendment Act 2005 Section 75(3)﻿(ba) inserted 19 April 2017 section 60 Resource Legislation Amendment Act 2017
76: District rules
1: A territorial authority may, for the purpose of—
a: carrying out its functions under this Act; and
b: achieving the objectives and policies of the plan,— include rules in a district plan
2: Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail.
2A: Rules may be made under this section, for the protection of other property (as defined in section 7
3: In making a rule, the territorial authority shall have regard to the actual or potential effect on the environment of activities including, in particular, any adverse effect
3A:
3B:
4: A rule may—
a: apply throughout a district or a part of a district:
b: make different provision for—
i: different parts of the district; or
ii: different classes of effects arising from an activity:
c: apply all the time or for stated periods or seasons:
d: be specific or general in its application:
e: require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan.
4A: A rule may prohibit or restrict the felling, trimming, damaging, or removal of a tree or trees on a single urban environment allotment only if, in a schedule to the plan,—
a: the tree or trees are described; and
b: the allotment is specifically identified by street address or legal description of the land, or both.
4B: A rule may prohibit or restrict the felling, trimming, damaging, or removal of trees on 2 or more urban environment allotments only if—
a: the allotments are adjacent to each other; and
b: the trees on the allotments together form a group of trees; and
c: in a schedule to the plan,—
i: the group of trees is described; and
ii: the allotments are specifically identified by street address or legal description of the land, or both.
4C: In subsections (4A) and (4B),— group of trees urban environment allotment allotment section 218
a: that is no greater than 4 000 m 2
b: that is connected to a reticulated water supply system and a reticulated sewerage system; and
c: on which there is a building used for industrial or commercial purposes or as a dwellinghouse; and
d: that is not reserve (within the meaning of section 2(1) Conservation Act 1987 Reserves Act 1977
4D: To avoid doubt, subsections (4A) and (4B) apply—
a: regardless of whether the tree, trees, or group of trees is, or the allotment or allotments are, also identified on a map in the plan; and
b: regardless of whether the allotment or allotments are also clad with bush or other vegetation.
5: A
a: provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or
b: provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or
c: treats the land as not contaminated for purposes stated in the rule. Section 76(1) amended 1 August 2003 section 33(1) Resource Management Amendment Act 2003 Section 76(2A) replaced 31 March 2005 section 414 Building Act 2004 Section 76(3) amended 1 August 2003 section 33(2) Resource Management Amendment Act 2003 Section 76(3A) repealed 1 August 2003 section 33(3) Resource Management Amendment Act 2003 Section 76(3B) repealed 1 August 2003 section 33(3) Resource Management Amendment Act 2003 Section 76(4)﻿(e) replaced 1 August 2003 section 33(4) Resource Management Amendment Act 2003 Section 76(4A) replaced 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(4B) replaced 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(4C) inserted 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(4D) inserted 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(5) inserted 10 August 2005 section 47 Resource Management Amendment Act 2005 Section 76(5) amended 1 October 2009 section 59(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
77: Rules about esplanade reserves on subdivision and road stopping
1: Subject to Part 2 section 229
a: that an esplanade reserve which is required to be set aside shall be of a width greater or less than 20 metres:
b: that section 230
c: that instead of an esplanade reserve, an esplanade strip of the width specified in the rule may be created under section 232
2: A territorial authority may include a rule in its district plan which provides that in respect of any allotment of 4 hectares or more created when land is subdivided, esplanade reserves or esplanade strips, of the width specified in the rule, shall be set aside or created, as the case may be, under section 230(5)
3: A territorial authority may include in its district plan a rule which provides—
a: that esplanade reserves, required to be set aside under section 345(3)
b: that section 345(3)
4: Rules made under this section shall make provision for such matters
a: generally; or
b: in a particular locality; or
c: in particular circumstances. Section 77 replaced 7 July 1993 section 41 Resource Management Amendment Act 1993 Section 77(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Additional provisions for regional rules and district rules
77A: Power to make rules to apply to classes of activities and specify conditions
1: A local authority may—
a: categorise activities as belonging to one of the classes of activity described in subsection (2); and
b: make rules in its plan or proposed plan for each class of activity that apply—
i: to each activity within the class; and
ii: for the purposes of that plan or proposed plan; and
c: specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 220
2: An activity may be—
a: a permitted activity; or
b: a controlled activity; or
c: a restricted discretionary activity; or
d: a discretionary activity; or
e: a non-complying activity; or
f: a prohibited activity.
3: Subsection (1)﻿(b) is subject to section 77B Section 77A replaced 1 October 2009 section 60 Resource Management (Simplifying and Streamlining) Amendment Act 2009
77B: Duty to include certain rules in relation to controlled or restricted discretionary activities
1: Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity.
2: The local authority must specify in the rule the matters over which it has reserved control in relation to the activity.
3: Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity.
4: The local authority must specify in the rule the matters over which it has restricted its discretion in relation to the activity. Section 77B replaced 1 October 2009 section 60 Resource Management (Simplifying and Streamlining) Amendment Act 2009
77C: Certain activities to be treated as discretionary activities or prohibited activities
Section 77C repealed 1 October 2009 section 61 Resource Management (Simplifying and Streamlining) Amendment Act 2009
77D: Rules specifying activities for which consent applications must be notified or are precluded from being notified
A local authority may make a rule specifying the activities for which the consent authority—
a: must give public notification of an application for a resource consent:
b: is precluded from giving public notification of an application for a resource consent:
c: is precluded from giving limited notification of an application for a resource consent. Section 77D replaced 1 October 2009 section 62 Resource Management (Simplifying and Streamlining) Amendment Act 2009
77E: Local authority may make rule about financial contributions
1: A local authority may make a rule requiring a financial contribution for any class of activity other than a prohibited activity.
2: A rule requiring a financial contribution must specify in the relevant plan or proposed plan—
a: the purpose for which the financial contribution is required (which may include the purpose of ensuring positive effects on the environment to offset any adverse effect); and
b: how the level of the financial contribution will be determined; and
c: when the financial contribution will be required.
3: To avoid doubt, if a rule requiring a financial contribution is incorporated into a specified territorial authority’s district plan under section 77G section 86B
4: In this section and section 77T financial contribution section 108(9) Section 77E inserted 21 December 2021 section 8 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Interpretation of sections 77F to 77T and Schedule 3A Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77F: Interpretation
In this section, sections 77G to 77T Schedule 3A national planning standards urban environment
a: is, or is intended by the specified territorial authority to be, predominantly urban in character; and
b: is, or is intended by the specified territorial authority to be, part of a housing and labour market of at least 10,000 people urban non-residential zone Section 77F inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Intensification requirements in residential zones Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77G: Duty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones
1: Every relevant residential zone of a specified territorial authority must have the MDRS incorporated into that zone.
2: Every residential zone in an urban environment of a specified territorial authority must give effect to policy 3 or policy 5, as the case requires, in that zone.
3: When changing its district plan for the first time to incorporate the MDRS and to give effect to policy 3 or policy 5, as the case requires, and to meet its obligations in section 80F
4: In carrying out its functions under this section, a specified territorial authority may create new residential zones or amend existing residential zones.
5: A specified territorial authority—
a: must include the objectives and policies set out in clause 6
b: may include objectives and policies in addition to those set out in clause 6
i: provide for matters of discretion to support the MDRS; and
ii: link to the incorporated density standards to reflect how the territorial authority has chosen to modify the MDRS in accordance with section 77H
6: A specified territorial authority may make the requirements set out in Schedule 3A section 77I
7: To avoid doubt, existing provisions in a district plan that allow the same or a greater level of development than the MDRS do not need to be amended or removed from the district plan.
8: The requirement in subsection (1) to incorporate the MDRS into a relevant residential zone applies irrespective of any inconsistent objective or policy in a regional policy statement. Section 77G inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77H: Requirements in Schedule 3A may be modified to enable greater development
1: In addition to giving effect to policy 3 or policy 5, a specified territorial authority may enable a greater level of development than provided for by the MDRS by—
a: omitting 1 or more of the density standards set out in Part 2
b: including rules that regulate the same effect as a density standard set out in Part 2
2: To avoid doubt, more lenient
3: A specified territorial authority is considered to have met its obligations under section 77G(1)
4: A specified territorial authority may choose not to incorporate 1 or more density standards set out in Part 2
5: To avoid doubt, if a density standard is incorporated into a specified territorial authority’s district plan under subsection (1), the density standard does not have immediate legal effect under section 86B Section 77H inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77I: Qualifying matters in applying medium density residential standards and policy 3 to relevant residential zones
A specified territorial authority may make the MDRS and the relevant building height or density requirements under policy 3 less enabling of development in relation to an area within a relevant residential zone only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
a: a matter of national importance that decision makers are required to recognise and provide for under section 6
b: a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010:
c: a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
d: a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 Waitakere Ranges Heritage Area Act 2008
e: a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure:
f: open space provided for public use, but only in relation to land that is open space:
g: the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order:
h: a matter necessary to implement, or to ensure consistency with, iwi participation legislation:
i: the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand:
j: any other matter that makes higher density, as provided for by the MDRS or policy 3, inappropriate in an area, but only if section 77L Section 77I inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77J: Requirements in relation to evaluation report
1: This section applies if a territorial authority is amending its district plan (as provided for in section 77G
2: The evaluation report from the specified territorial authority referred to in section 32
3: The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,—
a: demonstrate why the territorial authority considers—
i: that the area is subject to a qualifying matter; and
ii: that the qualifying matter is incompatible with the level of development permitted by the MDRS (as specified in Schedule 3A
b: assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
c: assess the costs and broader impacts of imposing those limits.
4: The evaluation report must include, in relation to the provisions implementing the MDRS,—
a: a description of how the provisions of the district plan allow the same or a greater level of development than the MDRS:
b: a description of how modifications to the MDRS as applied to the relevant residential zones are limited to only those modifications necessary to accommodate qualifying matters and, in particular, how they apply to any spatial layers relating to overlays, precincts, specific controls, and development areas, including—
i: any operative district plan spatial layers; and
ii: any new spatial layers proposed for the district plan.
5: The requirements set out in subsection (3)﻿(a) apply only in the area for which the territorial authority is proposing to make an allowance for a qualifying matter.
6: The evaluation report may for the purposes of subsection (4) describe any modifications to the requirements of section 32 Section 77J inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77K: Alternative process for existing qualifying matters
1: A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77J
a: identify by location (for example, by mapping) where an existing qualifying matter applies:
b: specify the alternative density standards proposed for those areas identified under paragraph (a):
c: identify in the report prepared under section 32
d: describe in general terms for a typical site in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been permitted by the MDRS and policy 3:
e: notify the existing qualifying matters in the IPI.
2: To avoid doubt, existing qualifying matters included in the IPI—
a: do not have immediate legal effect on notification of the IPI; but
b: continue to have effect as part of the operative plan.
3: In this section, an existing qualifying matter section 77I(a) to (i) Section 77K inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77L: Further requirement about application of section 77I(j)
A matter is not a qualifying matter under section 77I(j) section 32
a: identifies the specific characteristic that makes the level of development provided by the MDRS (as specified in Schedule 3A
b: justifies why that characteristic makes that level of development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
c: includes a site-specific analysis that—
i: identifies the site to which the matter relates; and
ii: evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
iii: evaluates an appropriate range of options to achieve the greatest heights and densities permitted by the MDRS (as specified in Schedule 3A Section 77L inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77M: Effect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations
1: This section applies in relation to the consideration by a consent authority of an application made under section 88 new application
a: for an activity to which the MDRS are proposed to apply in an area in a relevant residential zone; and
b: that is lodged on or after the date on which a specified territorial authority notifies its IPI incorporating the MDRS in its district plan in accordance with section 80F(1) or (2)
2: The consent authority considering the new application must consider the plan or proposed plan and apply section 104(1)﻿(b)﻿(vi)
a: the provisions of the district plan or any proposed district plan (other than the IPI) cease to have effect in relation to the consideration of the new application; and
b: the objectives and policies set out in clause 6 section 77G(5)﻿(a)
3: Subsection (2)﻿(a) applies to the extent that the provisions referred to are inconsistent with the objectives and policies—
a: set out in clause 6
b: proposed in the IPI to be included in the district plan in accordance with section 77G(5)﻿(a)
4: This section does not apply in relation to any area or site that—
a: is a qualifying matter area (within the meaning of section 86BA(7)
b: is in a new residential zone notified in the IPI.
5: Subsection (6) applies if a designation for which the Minister of Education is the requiring authority—
a: is included in the specified territorial authority’s district plan; and
b: the designation applies to land that—
i: is in a relevant residential zone; or
ii: adjoins a relevant residential zone.
6: Works undertaken under a designation of the kind referred to in subsection (5) may rely on the provisions of the relevant residential zone that incorporate the density standards in Part 2
7: Any objectives or policies of a regional policy statement or proposed regional policy statement do not apply to the consent authority’s consideration of the new application to the extent that they are inconsistent with the objectives and policies in clause 6
8: This section does not affect the operation of subpart 7
9: To avoid doubt, the MDRS are irrelevant to the consideration of a new application unless and until the MDRS are notified in the relevant IPI. Section 77M inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Intensification requirements in non-residential zones Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77N: Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones
1: When changing its district plan for the first time to give effect to policy 3 or policy 5, and to meet its obligations under section 80F
2: In carrying out its functions under subsection (1), the territorial authority must ensure that the provisions in its district plan for each urban non-residential zone within the authority’s urban environment give effect to the changes required by policy 3 or policy 5, as the case requires.
3: In carrying out its functions under subsection (1), a specified territorial authority—
a: may create new urban non-residential zones or amend existing urban non-residential zones:
b: may modify the requirements set out in policy 3 to be less enabling of development than provided for by policy 3, if authorised to do so under section 77O Section 77N inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77O: Qualifying matters in application of intensification policies to urban non-residential areas
A specified territorial authority may modify the requirements of policy 3 in an urban non-residential zone to be less enabling of development than provided in those policies only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
a: a matter of national importance that decision makers are required to recognise and provide for under section 6
b: a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010:
c: a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
d: a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 Waitakere Ranges Heritage Area Act 2008
e: a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure:
f: open space provided for public use, but only in relation to land that is open space:
g: the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order:
h: a matter necessary to implement, or to ensure consistency with, iwi participation legislation:
i: the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand:
j: any other matter that makes higher density development as provided for by policy 3, as the case requires, inappropriate in an area, but only if section 77R Section 77O inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77P: Requirements governing application of section 77O
1: This section applies if a specified territorial authority is amending its district plan (as required by section 77N
2: The evaluation report from the specified territorial authority referred to in section 32
3: The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,—
a: in the area for which the territorial authority is proposing to make an allowance for a qualifying matter, demonstrate why the territorial authority considers—
i: that the area is subject to a qualifying matter; and
ii: that the qualifying matter is incompatible with the level of development provided for by policy 3 for that area; and
b: assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
c: assess the costs and broader impacts of imposing those limits. Section 77P inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77Q: Alternative process for existing qualifying matters
1: A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77P
a: identify by location (for example, by mapping) where an existing qualifying matter applies:
b: specify the alternative density standards proposed for the area or areas identified under paragraph (a):
c: identify in the report prepared under section 32
d: describe in general terms for typical sites in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been enabled by policy 3:
e: notify the existing qualifying matters in the IPI.
2: To avoid doubt, existing qualifying matters included in the IPI—
a: do not have immediate legal effect on notification of the IPI; but
b: continue to have effect as part of the operative plan.
3: In this section, an existing qualifying matter section 77O(a) to (i) Section 77Q inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77R: Further requirements about application of section 77O(j)
A matter is not a qualifying matter under section 77O(j) section 32
a: identifies the specific characteristic that makes the level of urban development required within the relevant paragraph of policy 3 inappropriate; and
b: justifies why that characteristic makes that level of urban development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
c: includes a site-specific analysis that—
i: identifies the site to which the matter relates; and
ii: evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
iii: evaluates an appropriate range of options to achieve the greatest heights and densities provided for by policy 3 while managing the specific characteristics. Section 77R inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Amendment of NPS-UD Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77S: Amendment of NPS-UD
1: Policy 3 in the NPS-UD is amended by,—
a: in paragraph (c), after “building heights of”, inserting “at”; and
b: replacing paragraph (d) with:
“(d): within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activity and community services.”
2: The Minister for the Environment, after consulting the Minister of Housing, may amend the NPS-UD to make any changes that the Minister for the Environment is satisfied are required as a result of the enactment of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
a: remove an inconsistency or a potential inconsistency between the NPS-UD and that Act; or
b: amend or replace the definition of planning decision in the NPS-UD; or
c: otherwise clarify the interrelationship between the NPS-UD and that Act. Section 77S inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Financial contributions Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
77T: Review of financial contributions provisions
Each specified territorial authority may, if it considers it appropriate to do so, include financial contributions provisions, or change its financial contributions provisions (as applicable) in the district plan, and, if it does so, may notify them in the IPI required to be notified in accordance with section 80F Section 77T inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Miscellaneous provisions Heading repealed 19 April 2017 section 61 Resource Legislation Amendment Act 2017
78: Withdrawal of proposed policy statements and plans
Section 78 repealed 7 July 1993 section 42 Resource Management Amendment Act 1993
78A: Combined regional and district documents
Section 78A repealed 1 October 2009 section 63 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Review Heading inserted 19 April 2017 section 62 Resource Legislation Amendment Act 2017
79: Review of policy statements and plans
1: A local authority must commence a review of a provision of any of the following documents it has, if the provision has not been a subject of a proposed policy statement or plan, a review, or a change by the local authority during the previous 10 years:
a: a regional policy statement:
b: a regional plan:
c: a district plan.
2: If, after reviewing the provision, the local authority considers that it requires alteration, the local authority must, in the manner set out in Parts 1 4 5
3: If, after reviewing the provision, the local authority considers that it does not require alteration, the local authority must still publicly notify the provision—
a: as if it were a change; and
b: in the manner set out in Parts 1 4 5
4: Without limiting subsection (1), a local authority may, at any time, commence a full review of any of the following documents it has:
a: a regional policy statement:
b: a regional plan:
c: a district plan.
5: In carrying out a review under subsection (4), the local authority must review all the sections of, and all the changes to, the policy statement or plan regardless of when the sections or changes became operative.
6: If, after reviewing the statement or plan under subsection (4), the local authority considers that it requires alteration, the local authority must alter the statement or plan in the manner set out in Parts 1 4 5
7: If, after reviewing the statement or plan under subsection (4), the local authority considers that it does not require alteration, the local authority must still publicly notify the statement or plan—
a: as if it were a proposed policy statement or plan; and
b: in the manner set out in Parts 1 4 5
8: A provision of a policy statement or plan, or the policy statement or plan, as the case may be, does not cease to be operative because the provision, statement, or plan is due for review or is being reviewed under this section.
9: The obligations on a local authority under this section are in addition to its duty to monitor under section 35 Section 79 replaced 1 October 2009 section 64 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 79(2) amended 19 April 2017 section 63(1) Resource Legislation Amendment Act 2017 Section 79(3)﻿(b) amended 19 April 2017 section 63(2) Resource Legislation Amendment Act 2017 Section 79(6) amended 19 April 2017 section 63(3) Resource Legislation Amendment Act 2017 Section 79(7)﻿(b) amended 19 April 2017 section 63(4) Resource Legislation Amendment Act 2017
79AA: Application of temporary provisions in respect of section 79
1: The temporary provisions set out in subsections (2) and (3) apply instead of section 79(1)
a: beginning on the commencement date; and
b: ending with the close of 30 September 2024.
2: A local authority may commence a review of a provision of any of the following documents it has:
a: a regional policy statement:
b: a regional plan:
c: a district plan.
3: However, any review of a provision that would have taken place under section 79(1)
4: In this section, commencement date Schedule 3
5: This section is repealed on 1 October 2024. 2024-10-01 Resource Management Act 1991 Section 79AA repealed Section 79AA inserted 3 November 2021 clause 10 COVID-19 Response (Management Measures) Legislation Act 2021
79A: Circumstance when further review required
Section 79A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
79B: Consequence of review under section 79A
Section 79B repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Combined documents Heading inserted 19 April 2017 section 64 Resource Legislation Amendment Act 2017
80: Combined regional and district documents
1: Local authorities may prepare, implement, and administer the combined regional and district documents as set out in subsections (2) to (6).
2: A local authority may prepare, implement, and administer a document that meets the requirements of 2 or more of the following:
a: a regional policy statement:
b: a regional plan, including a regional coastal plan:
c: a district plan.
3: Two or more territorial authorities may prepare, implement, and administer a combined district plan for the whole or any part of their combined districts.
4: Two or more regional councils may prepare, implement, and administer a document that meets the requirements of the following:
a: a regional plan, including a regional coastal plan, for the whole or any part of their combined regions:
b: a regional policy statement, for the whole or any part of their combined regions:
c: a regional plan, including a regional coastal plan, and a regional policy statement, for the whole or any part of their combined regions.
5: One or more regional councils or territorial authorities may prepare, implement, and administer a combined regional and district plan for the whole or any part of their respective regions or districts.
6: A regional council and all the territorial authorities within the region may prepare, implement, and administer a document that meets the requirements of the following:
a: a regional policy statement for the region; and
b: a regional plan, including a regional coastal plan, for the region; and
c: either—
i: a district plan for each of the territorial authorities; or
ii: a combined district plan for their combined districts.
6A: In preparing or amending a combined document, the relevant local authorities must apply the requirements of this Part, as relevant for the documents comprising the combined document.
6B: The relevant local authorities may also, in preparing the provisions of a regional plan or a district plan, as the case may be, for a combined document that includes a regional policy statement,—
a: give effect to a proposed regional policy statement; and
b: have regard to an operative regional policy statement.
7: Without limiting subsections (1) to (6B)
8: A combined document prepared under this section must clearly identify—
a: the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and
b: the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement; and
c: which local authority is responsible for observing, and enforcing the observance of, each provision of the document.
9: A combined document prepared under this section—
a: must be prepared in accordance with Schedule 1
b: when approved by a local authority is deemed, for the purposes of this Act, to be a plan or regional policy statement separately prepared and approved by that authority for its region or district, as the case may be.
10: Subsection (9)﻿(b) applies whether or not the combined document is approved by any of the other local authorities concerned.
11: Clauses 30 30A Section 80 replaced 1 October 2009 section 66 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 80(6A) inserted 19 April 2017 section 65(1) Resource Legislation Amendment Act 2017 Section 80(6B) inserted 19 April 2017 section 65(1) Resource Legislation Amendment Act 2017 Section 80(7) amended 19 April 2017 section 65(2) Resource Legislation Amendment Act 2017 Section 80(11) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014
4: Freshwater planning process
Subpart 4 replaced 1 July 2020 section 22 Resource Management Amendment Act 2020
80A: Freshwater planning process
1: The purpose of this subpart is to require all freshwater planning instruments prepared by a regional council to undergo the freshwater planning process.
2: A freshwater planning instrument
a: a proposed regional plan or regional policy statement for the purpose of giving effect to any national policy statement for freshwater management:
b: a proposed regional plan or regional policy statement that relates to freshwater (other than for the purpose described in paragraph (a)):
c: a change or variation to a proposed regional plan or regional policy statement if the change or variation—
i: is for the purpose described in paragraph (a); or
ii: otherwise relates to freshwater.
3: A regional council must prepare a freshwater planning instrument in accordance with this subpart and Part 4
a: prepare that part in accordance with this subpart and Part 4
b: prepare the parts that do not relate to freshwater in accordance with Part 1 subpart 5
4: A regional council must—
a: publicly notify the freshwater planning instrument; and
b: if the purpose of the freshwater planning instrument is to give effect to the National Policy Statement for Freshwater Management 2020, publicly notify the freshwater planning instrument by 31 December 2024; and
c: no later than 6 months after it has publicly notified the freshwater planning instrument, submit the documents required by clause 37(1) required documents
d: at least 20 working days before submitting the required documents, provide to the Chief Freshwater Commissioner in writing—
i: its notice of intention to submit those documents; and
ii: the regional council and local tangata whenua nominations for appointment to the freshwater hearings panel required by clause 59(1)﻿(b) and (c)
5: The following is an outline of the rest of the freshwater planning process set out in Part 4
a: the Chief Freshwater Commissioner must convene a freshwater hearings panel to conduct the public hearing of submissions on the freshwater planning instrument:
b: the freshwater hearings panel must conduct the public hearing of submissions in accordance with its powers and the procedures set out in Part 4
c: after the public hearing of submissions is concluded, the freshwater hearings panel must make recommendations to the regional council on the freshwater planning instrument:
d: the regional council may accept or reject any recommendation. However,—
i: the regional council must provide reasons for rejecting a recommendation; and
ii: a person who made a submission on the freshwater planning instrument may make an appeal in accordance with subpart 2 of Part 4 of Schedule 1
6: For the purpose of this subpart the following provisions of Schedule 1
a: clauses 1(3) 1A 1B 2(1) 3 to 3C 4A 5 6 7(1) and (2) 8 8A 8D
b: clauses 16 16A 16B 17 20 20A
c: if a request is made by a person under clause 21(1) Part 2
7: This section does not affect the Minister’s ability to call in a matter that the Minister considers is or is part of a proposal of national significance under section 142
8: In subsection (2), a proposed regional plan does not include a proposed regional coastal plan or a change or variation to that plan.
9: Section 37(1)﻿(a) Part 4
10: In subsection (4), publicly notify clause 5
11: Subsection (5) is by way of explanation only and does not limit or affect the other provisions of this Act. Section 80A replaced 1 July 2020 section 22 Resource Management Amendment Act 2020
5: Streamlined planning process
Subpart 5 inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017
80B: Purpose, scope, application of Schedule 1, and definitions
1: This subpart and Part 5
2: Under this subpart, Schedule 1
a: clauses 1A to 3C 6 6A 16 20A
b: clauses 4 9 13 21 to 27 clauses 25(2)﻿(a)﻿(i) and (ii) 26(b) 28(2) to (6)
c: the rest of Part 1
i: this subpart; or
ii: Part 5
iii: a direction given under clause 78
3: In this subpart and Part 5 national direction
a: a national planning standard; or
b: a national environmental standard; or
c: regulations made under section 360
d: a national policy statement planning instrument
a: means a policy statement or plan; and
b: includes a change or variation to a policy statement or plan responsible Minister Part 5
a: the Minister of Conservation, in the case of a regional coastal plan:
b: both the Minister and the Minister of Conservation, in the case of a proposed planning instrument that is to encompass matters within the jurisdiction of both those Ministers:
c: the Minister, in every other case. Section 80B inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017
80C: Application to responsible Minister for direction
1: If a local authority determines that, in the circumstances, it would be appropriate to use the streamlined planning process to prepare a planning instrument, it may apply in writing to the responsible Minister in accordance with clause 75
2: However, a local authority may apply for a direction only if the planning instrument or proposed planning instrument is not a freshwater planning instrument and
a: the proposed planning instrument will implement a national direction:
b: as a matter of public policy, the preparation of a planning instrument is urgent:
c: the proposed planning instrument is required to meet a significant community need:
d: a plan or policy statement raises an issue that has resulted in unintended consequences:
e: the proposed planning instrument will combine several policy statements or plans to develop a combined document prepared under section 80
f: the expeditious preparation of a planning instrument is required in any circumstance comparable to, or relevant to, those set out in paragraphs (a) to (e).
3: In relation to a private plan change accepted under clause 25(2)﻿(b)
4: If an application is made under this section, it must be submitted to the responsible Minister before the local authority gives notice—
a: under clause 5 5A
b:
c: under clauses 25(2)﻿(a)﻿(i) 26(b) Section 80C inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017 Section 80C(2) amended 1 July 2020 section 23(1) Resource Management Amendment Act 2020 Section 80C(4)﻿(b) repealed 1 July 2020 section 23(2) Resource Management Amendment Act 2020
5A: Intensification planning instruments and intensification streamlined planning process
Subpart 5A inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80D: What this subpart and Part 6 of Schedule 1 do
This subpart and Part 6 Section 80D inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Intensification planning instruments Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80E: Meaning of intensification planning instrument
1: In this Act, intensification planning instrument IPI
a: that must—
i: incorporate the MDRS; and
ii: give effect to,—
A: in the case of a tier 1 territorial authority, policies 3 and 4 of the NPS-UD; or
B: in the case of a tier 2 territorial authority to which regulations made under section 80I(1)
C: in the case of a tier 3 territorial authority to which regulations made under section 80K(1)
b: that may also amend or include the following provisions:
i: provisions relating to financial contributions, if the specified territorial authority chooses to amend its district plan under section 77T
ii: provisions to enable papakāinga housing in the district:
iii: related provisions, including objectives, policies, rules, standards, and zones, that support or are consequential on—
A: the MDRS; or
B: policies 3, 4, and 5 of the NPS-UD, as applicable.
2: In subsection (1)﻿(b)﻿(iii), related provisions
a: district-wide matters:
b: earthworks:
c: fencing:
d: infrastructure:
e: qualifying matters identified in accordance with section 77I 77O
f: storm water management (including permeability and hydraulic neutrality):
g: subdivision of land. Section 80E inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80F: Specified territorial authority must notify IPI
1: The following territorial authorities must notify an IPI on or before 20 August 2022:
a: every tier 1 territorial authority:
b: a tier 2 territorial authority to which regulations made before 21 March 2022 under section 80I(1)
2: The following territorial authorities must notify an IPI on or before the date specified in the applicable regulations:
a: a tier 2 territorial authority to which regulations made on or after 21 March 2022 under section 80I(1)
b: a tier 3 territorial authority to which regulations made under section 80K(1)
3: A territorial authority to which subsection (1) or (2) applies must prepare the IPI—
a: using the ISPP; and
b: in accordance with—
i: clause 95
ii: any requirements specified by the Minister in a direction made under section 80L Section 80F inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80G: Limitations on IPIs and ISPP
IPIs
1: A specified territorial authority must not do any of the following:
a: notify more than 1 IPI:
b: use the IPI for any purpose other than the uses specified in section 80E
c: withdraw the IPI. ISPP
2: A local authority must not use the ISPP except as permitted under section 80F(3) Section 80G inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80H: IPI must show how MDRS are incorporated
1: When a specified territorial authority notifies its IPI in accordance with section 80F(1) or (2) sections 77M 86B 86BA
a: which provisions incorporate—
i: the density standards in Part 2
ii: the objectives and policies in clause 6
b: which provisions in the operative district plan and any proposed plan are replaced by—
i: the density standards in Part 2
ii: the objectives and policies in clause 6
2: The identification of a provision in an IPI as required in subsection (1)—
a: does not form part of the IPI; and
b: may be removed, without any further authority than this subsection, by the specified territorial authority once the IPI becomes operative. Section 80H inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Tier 2 territorial authorities Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80I: Regulations requiring tier 2 territorial authority to change district plan
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 2 territorial authority to prepare and notify an IPI.
2: An Order in Council made under subsection (1) on or after 21 March 2022 must specify the date by which the tier 2 territorial authority must notify the IPI.
3: Before recommending the making of regulations under subsection (1), the Minister must—
a: consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and
b: be satisfied that the district of the relevant tier 2 territorial authority is experiencing an acute housing need.
4: The Minister, in determining whether a district is experiencing an acute housing need,—
a: must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and
b: may have regard to any other information indicating that there is an acute housing need in the district.
5: Regulations made under this section 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 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80I inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Tier 3 territorial authorities Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80J: Tier 3 territorial authority may request regulations requiring territorial authority to change district plan
1: A tier 3 territorial authority may request the Minister to recommend the making of regulations under section 80K(1)
2: The Minister may approve or decline the request.
3: Before approving or declining the request, the Minister must—
a: consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and
b: determine whether the district of the relevant tier 3 territorial authority is experiencing an acute housing need.
4: The Minister, in determining whether a district is experiencing an acute housing need,—
a: must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and
b: may have regard to any other information indicating that there is an acute housing need in the district. Section 80J inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80K: Regulations requiring tier 3 territorial authority to change district plan
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 3 territorial authority to prepare and notify an IPI.
2: An Order in Council made under subsection (1) must specify the date by which the tier 3 territorial authority must notify the IPI.
3: The Minister may recommend the making of regulations under subsection (1) only if—
a: the Minister has received a request from a tier 3 territorial authority under section 80J(1)
b: the Minister is satisfied that the requirements specified in section 80J(3)
4: Regulations made under this section 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 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80K inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Ministerial direction Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80L: Minister may make direction
1: The Minister may direct 1 or more specified territorial authorities in relation to the following requirements:
a: the number of panel members that the specified territorial authority must appoint to an independent hearings panel established under clause 96(1)﻿(a)
b: the level of experience and qualifications that a person must meet before the specified territorial authority may appoint that person to an independent hearings panel:
c: 1 or more periods of time within which the specified territorial authority must complete 1 or more stages of the ISPP:
d: matters on which the specified territorial authority must report to the Minister.
2: The direction may also include the Minister’s statement of expectations for the specified territorial authority.
3: In deciding the content of the direction, the Minister must have regard to section 80D
4: A direction made 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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80L inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80M: Amendment of direction
1: The Minister may initiate an amendment of a direction made under section 80L
2: A specified territorial authority may request in writing that the Minister amend a direction made under section 80L
3: The Minister may amend the direction as the Minister thinks appropriate.
4: Unless an amendment made under this section has no more than a minor effect or is made to correct a technical error, section 80L(1), (2), and (3)
5: An amendment made 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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80M inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
80N: Specified territorial authority must comply with direction
1: A specified territorial authority—
a: must comply with the terms of a direction made under section 80L
b: must have regard to that statement.
2: The direction applies as from time to time amended in accordance with section 80M Section 80N inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
6: Miscellaneous matters
Subpart 6 heading inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017
81: Boundary adjustments
1: Where the boundaries of any region or district are altered, and any area comes within the jurisdiction of a different local authority,—
a: the plan or proposed plan that applied to the area before the alteration of the boundaries shall continue to apply to that area and shall, in so far as it applies to the area, be deemed to be part of the plan or proposed plan of the different local authority:
b: any activity that may, before the alteration of the boundaries, have been undertaken under section 19
2: Where the boundaries of any district are altered so as to include within that district any area not previously within the boundaries of any other district, no person may use that land
3: A territorial authority shall, as soon as practicable but within 2 years, make such changes to its district plans as it considers necessary to cover any area that comes within its jurisdiction, and, after the changes are made, this section shall cease to apply. Section 81(1)﻿(b) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 81(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
82: Disputes
1: Subsection (2) applies if there is a dispute about—
a: whether there is an inconsistency between a water conservation order and a regional policy statement or a plan; or
b: whether there is an inconsistency between a regional policy statement or a regional plan and a district plan (including any rules of a plan) on a matter of regional significance; or
c: whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement or a national planning standard
2: A Minister or local authority responsible for a relevant national policy statement, New Zealand coastal policy statement, a national planning standard,
3: If a dispute about whether there is an inconsistency described in subsection (1)﻿(a) or (b) is referred to the court, and the court considers that there is an inconsistency, the court must order the authority responsible for the policy statement or plan to remove the inconsistency by initiating a change to the policy statement or plan using the process in Schedule 1
4: If a dispute about whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement or a national planning standard or a national planning standard section 55 or 58I
5: However, the court does not need to make an order under subsection (3) or (4) if it considers that the inconsistency, or failure to give effect to the other policy statement or a national planning standard national planning standard,
6: To avoid doubt, giving effect to a policy statement includes giving effect to it by complying with a direction described in section 55(2) , and giving effect to the national planning standard includes giving effect to it by complying with section 58I(2) Section 82 replaced 1 August 2003 section 36 Resource Management Amendment Act 2003 Section 82(1)﻿(c) amended 19 April 2017 section 67(1) Resource Legislation Amendment Act 2017 Section 82(2) amended 19 April 2017 section 67(2) Resource Legislation Amendment Act 2017 Section 82(3) replaced 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(4) inserted 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(4) amended 19 April 2017 section 67(3) Resource Legislation Amendment Act 2017 Section 82(4) amended 19 April 2017 section 67(4) Resource Legislation Amendment Act 2017 Section 82(4) amended 19 April 2017 section 67(5) Resource Legislation Amendment Act 2017 Section 82(5) inserted 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(5) amended 19 April 2017 section 67(6) Resource Legislation Amendment Act 2017 Section 82(5) amended 19 April 2017 section 67(7) Resource Legislation Amendment Act 2017 Section 82(6) inserted 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(6) amended 19 April 2017 section 67(8) Resource Legislation Amendment Act 2017
82A: Dispute relating to review under section 79A
Section 82A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
83: Procedural requirements deemed to be observed
A policy statement or plan that is held out by a local authority as being operative shall be deemed to have been prepared and approved in accordance with Schedule 1 section 316(3)
84: Local authorities to observe their own policy statements and plans
1: While a policy statement or a plan is operative, the regional council or territorial authority concerned, and every consent authority, shall observe and, to the extent of its authority, enforce the observance of the policy statement or plan.
2: No purported grant of a resource consent, and no waiver or sufferance or departure from a policy statement or plan, whether written or otherwise, shall, unless authorised by this Act, have effect in so far as it is contrary to subsection (1).
85: Environment Court may give directions in respect of land subject to controls
1: An interest in land shall be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise provided for in this Act.
2: Notwithstanding subsection (1), any person having an interest in land to which any provision or proposed provision of a plan or proposed plan applies, and who considers that the provision or proposed provision would render that interest in land incapable of reasonable use, may challenge that provision or proposed provision on those grounds—
a: in a submission made under Schedule 1
b: in an application to change a plan made under clause 21
3: Subsection (3A) applies in the following cases:
a: on an application to the Environment Court to change a plan under clause 21
b: on an appeal to the Environment Court in relation to a provision of a proposed plan or change to a plan.
3A: The Environment Court, if it is satisfied that the grounds set out in subsection (3B) are met, may,—
a: in the case of a plan or proposed plan (other than a regional coastal plan or proposed regional coastal plan), direct the local authority to do whichever of the following the local authority considers appropriate:
i: modify, delete, or replace the provision in the plan or proposed plan in the manner directed by the court:
ii: acquire all or part of the estate or interest in the land under the Public Works Act 1981
A: the person with an estate or interest in the land or part of it agrees; and
B: the requirements of subsection (3D) are met; and
b: in the case of a regional coastal plan or proposed regional coastal plan,—
i: report its findings to the applicant, the regional council concerned, and the Minister of Conservation; and
ii: include a direction to the regional council to modify, delete, or replace the provision in the manner directed by the court.
3B: The grounds are that the provision or proposed provision of a plan or proposed plan—
a: makes any land incapable of reasonable use; and
b: places an unfair and unreasonable burden on any person who has an interest in the land.
3C: Before exercising its jurisdiction under subsection (3A), the Environment Court must have regard to—
a: Part 3 section 9(3)
b: the effect of subsection (1) of this section.
3D: The Environment Court must not give a direction under subsection (3A)﻿(a)﻿(ii) unless—
a: the person with the estate or interest in the land or part of the land concerned (or the spouse, civil union partner, or de facto partner of that person)—
i: had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or otherwise included in the relevant plan or proposed plan; and
ii: the provision or proposed provision remained in substantially the same form; and
b: the person with the estate or interest in the land or part of the land consents to the giving of the direction.
4: Any direction given or report made under subsection (3A) has effect under this Act as if it were made or given under clause 15
5: Nothing in subsections (3) to (3D) limits the powers of the Environment Court under clause 15 clause 14
6: In this section,— provision of a plan or proposed plan reasonable use
7: Section 85 heading replaced 19 April 2017 section 68(1) Resource Legislation Amendment Act 2017 Section 85(2)﻿(a) amended 19 April 2017 section 68(2) Resource Legislation Amendment Act 2017 Section 85(2)﻿(b) amended 7 July 1993 section 43(1)﻿(b) Resource Management Amendment Act 1993 Section 85(3) replaced 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3A) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3B) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3C) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3D) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(4) replaced 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(5) replaced 19 April 2017 section 68(4) Resource Legislation Amendment Act 2017 Section 85(6) replaced 19 April 2017 section 68(4) Resource Legislation Amendment Act 2017 Section 85(7) repealed 19 April 2017 section 68(4) Resource Legislation Amendment Act 2017 Plan must not allow activity that prevents protected customary rights Heading inserted 17 January 2005 section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 Heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
85A: Plan or proposed plan must not include certain rules
A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 Section 85A inserted 17 January 2005 section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 85A amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
85B: Process to apply if plan or proposed plan does not comply with section 85A
1: If a protected customary rights group section 85A
a: make a submission to the local authority concerned under clause 6
b: request a change under clause 21
c: apply to the Environment Court in accordance with section 293A(3)
2: A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A
a: the effects of the proposed activity on the exercise of a protected customary right; and
b: the area that the proposed activity would have in common with the protected customary right
c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and
d: the degree to which the exercise of a protected customary right
e: whether the protected customary right Section 85B inserted 17 January 2005 section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 85B(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(1)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 85B(2)﻿(a) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(2)﻿(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(2)﻿(d) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(2)﻿(e) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
86: Power to acquire land
1: In addition to any power it may have to acquire land for any public work which it is authorised to undertake, a regional council or territorial authority may, while its plan is operative, acquire by agreement under the Public Works Act 1981
a: terminating or preventing any non-complying or prohibited activity in relation to that land:
b: facilitating activity in relation to that land that is in accordance with the objectives and policies of the plan.
2: Except as provided in sections 85(3A)﻿(a)﻿(ii) 185 198
3: Every person having any interest in land taken for any purpose authorised by subsection (1) shall be entitled to all compensation which that person would be entitled to if the land had been acquired for a public work under the Public Works Act 1981 Section 86(2) amended 19 April 2017 section 69 Resource Legislation Amendment Act 2017
7: Legal effect of rules
Subpart 7 heading inserted 19 April 2017 section 70 Resource Legislation Amendment Act 2017 Legal effect of rules Heading repealed 19 April 2017 section 70 Resource Legislation Amendment Act 2017
86A: Purpose of sections 86B to 86G
1: The purpose of sections 86B to 86G
2: Except to the extent that subsection (1) applies, sections 86B to 86G Section 86A inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86A(1) amended 19 April 2017 section 71 Resource Legislation Amendment Act 2017
86B: When rules in proposed plans
1: A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4) 102(1) 106(1)
a: subsection (3) or section 86BA
b: the Environment Court, in accordance with section 86D
c: the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20
2: However, subsection (1)﻿(c) applies only if—
a: the local authority makes the decision before clause 5
b: the
c: the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C
3: A rule in a proposed plan has immediate legal effect if the rule—
a: protects or relates to water, air, or soil (for soil conservation); or
b: protects areas of significant indigenous vegetation; or
c: protects areas of significant habitats of indigenous fauna; or
d: protects historic heritage; or
e: provides for or relates to aquaculture activities.
4: For the purposes of subsection (2)﻿(c), a decision is rescinded
a: the local authority publicly notifies that the decision is rescinded; and
b: the public notice includes a statement of the decision to which it relates and the date on which the recision was made.
5: For the purposes of subsection (3) and section 86BA immediate legal effect clause 5
6: Section 86B inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86B heading amended 19 April 2017 section 72(1) Resource Legislation Amendment Act 2017 Section 86B(1) amended 21 December 2021 section 11(1) Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 86B(1)﻿(a) amended 21 December 2021 section 11(2) Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 86B(2)﻿(a) amended 19 April 2017 section 72(2) Resource Legislation Amendment Act 2017 Section 86B(2)﻿(b) amended 19 April 2017 section 72(3) Resource Legislation Amendment Act 2017 Section 86B(3)﻿(e) replaced 1 October 2011 section 18(1) Resource Management Amendment Act (No 2) 2011 Section 86B(5) amended 21 December 2021 section 11(3) Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 86B(6) repealed 1 October 2011 section 18(2) Resource Management Amendment Act (No 2) 2011
86BA: Immediate legal effect of rules in IPI prepared using ISPP
Immediate legal effect: general
1: A rule in a proposed plan has immediate legal effect if the rule meets all of the following criteria:
a: the rule is in an IPI prepared using the ISPP:
b: the rule authorises as a permitted activity a residential unit in a relevant residential zone in accordance with the density standards set out in Part 2
c: the rule does not apply to either of the following areas:
i: a new residential zone:
ii: a qualifying matter area.
2: If a rule in a district plan ( rule A rule B
a: rule A ceases to have legal effect from the time at which rule B has immediate legal effect; and
b: rule A is no longer to be treated as an operative provision of the district plan. More lenient density standards
3: Subsection (4) applies if a rule in a proposed plan—
a: meets the criteria specified in subsection (1)﻿(a) and (c); and
b: would meet the criterion specified in subsection (1)﻿(b) but for the fact that it includes a proposed density standard that—
i: regulates the same effect as a density standard set out in Part 2
ii: is proposed, in accordance with section 77H(1)﻿(b)
4: If this subsection applies,—
a: the proposed density standard does not have immediate legal effect; but
b: all other density standards referred to in subsection (1)﻿(b) have immediate legal effect and subsection (2) applies to those standards as if they were rule B. Omitted or additional density standards
5: Subsection (6) applies if—
a: the rule referred to in subsection (1)—
i: omits, in accordance with section 77H(1)﻿(a) Part 2
ii: includes an additional requirement, condition, or permission regulating an effect other than those set out in Part 2
b: the omitted density standard, or the additional requirement, condition, or permission, regulates the same effect as a rule (including a density standard, requirement, condition, or permission) in the operative plan (the operative rule
6: If this subsection applies, the operative rule continues to have legal effect until the date on which the proposed plan becomes operative. Interpretation
7: In this section, more lenient section 77H(2) qualifying matter area section 77I Section 86BA inserted 21 December 2021 section 12 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
86C: When rule has legal effect if decision to delay its effect is rescinded
1: This section applies to a rule to which section 86B(1)﻿(c)
2: The rule has legal effect from the later of—
a: the day after the date on which the local authority concerned publicly notifies that the decision in relation to the rule is rescinded:
b: the day that a decision on submissions relating to the rule is made and publicly notified under clause 10(4) Section 86C inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009
86D: Environment Court may order rule to have legal effect from date other than standard date
1: In this section, rule
a: in a proposed plan
b: that is not a rule of a type described in section 86B(3)﻿(a) to (e)
2: A local authority may apply before or after the proposed plan is publicly notified under clause 5 clause 10(4)
3: If the court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—
a: the date that the proposed plan is publicly notified; and
b: the date of the court order. Section 86D inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86D(1)﻿(a) amended 19 April 2017 section 73(1) Resource Legislation Amendment Act 2017 Section 86D(1)﻿(b) amended 19 April 2017 section 73(2) Resource Legislation Amendment Act 2017
86E: Local authorities must identify rules having early or delayed legal effect
1: A local authority must clearly identify any rule in a proposed plan that has legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4)
a: at the time the proposed plan is notified under clause 5 , or given limited notification under clause 5A
b: as soon as practicable after the date is determined, if the rule concerned is the subject of an application under section 86D
2:
3: The identification of a rule in a proposed plan
a: does not form part of the proposed plan
b: may be removed, without any further authority than this subsection, by the local authority once the plan clause 20 Section 86E inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86E(1)﻿(a) amended 19 April 2017 section 74(1) Resource Legislation Amendment Act 2017 Section 86E(2) repealed 19 April 2017 section 74(2) Resource Legislation Amendment Act 2017 Section 86E(3) amended 19 April 2017 section 74(3) Resource Legislation Amendment Act 2017 Section 86E(3) amended 19 April 2017 section 74(4) Resource Legislation Amendment Act 2017 Section 86E(3)﻿(a) amended 19 April 2017 section 74(3) Resource Legislation Amendment Act 2017 Section 86E(3)﻿(b) amended 19 April 2017 section 74(3) Resource Legislation Amendment Act 2017
86F: When rules in proposed plans must be treated as operative
1: A rule in a proposed plan must be treated as operative (and any previous rule as inoperative) if the time for making submissions or lodging appeals on the rule has expired and, in relation to the rule,—
a: no submissions in opposition have been made or appeals have been lodged; or
b: all submissions in opposition and appeals have been determined; or
c: all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.
2: However, until the decisions have been given under clause 10(4) Section 86F inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86F(2) inserted 19 April 2017 section 75 Resource Legislation Amendment Act 2017
86G: Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
1: A reference in this Act or in any regulations made under it to a rule in a proposed plan
a: has not taken legal effect in accordance with section 86B
b: has not become operative under section 86F
2: Subsection (1) applies subject to any express provision to the contrary in this Act. Section 86G inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86G(1) amended 19 April 2017 section 76(1) Resource Legislation Amendment Act 2017 Section 86G(1) amended 19 April 2017 section 76(2) Resource Legislation Amendment Act 2017
6: Resource consents
87AA: This Part subject to Part 6A
This Part applies subject to Part 6A Section 87AA inserted 26 March 2002 section 7 Resource Management (Aquaculture Moratorium) Amendment Act 2002
87AAB: Meaning of boundary activity and related terms
1: An activity is a boundary activity
a: the activity requires a resource consent because of the application of 1 or more boundary rules, but no other district rules, to the activity; and
b: no infringed boundary is a public boundary.
2: In this section,— boundary rule
a: the distance between a structure and 1 or more boundaries of an allotment; or
b: the dimensions of a structure in relation to its distance from 1 or more boundaries of an allotment infringed boundary
a: means a boundary to which an infringed boundary rule applies:
b: if there is an infringement to a boundary rule when measured from the corner point of an allotment (regardless of where the infringement is to be measured from under the district plan), means every allotment boundary that intersects with the point of that corner:
c: if there is an infringement to a boundary rule that relates to a boundary that forms part of a private way, means the allotment boundary that is on the opposite side of the private way (regardless of where the infringement is to be measured from under the district plan) public boundary Section 87AAB inserted 18 October 2017 section 134 Resource Legislation Amendment Act 2017
87AAC: Meaning of fast-track application
1: An application is a fast-track application
a: is for a resource consent for a controlled activity (but no other activity) that requires consent under a district plan (other than a subdivision of land); and
b: includes an address for service that is an electronic address.
2: An application described in subsection (1) ceases to be a fast-track application if—
a: a consent authority gives public or limited notification of the application; or
b: a hearing is to be held for the application; or
c: at the time the application is lodged, the applicant notifies the consent authority that the applicant wishes to opt out of the fast track process.
3: To avoid doubt, if an application ceases to be a fast-track application under subsection (2)﻿(a) or (b),—
a: the application is not incomplete by reason only that it does not include the information referred to in section 88(2)﻿(c)
b: a consent authority may, under section 92 section 88(2)﻿(c)
4: To avoid doubt, when an application ceases to be a fast-track application,—
a: the application becomes subject to the standard processing requirements (including any time periods for doing anything) under this Act that would have applied if the application had not been a fast-track application; and
b: those time periods are deemed to have been running from the time they would have begun if this section had not applied and are not reset as from the time the application ceases to be fast-track. Section 87AAC inserted 18 October 2017 section 134 Resource Legislation Amendment Act 2017 Section 87AAC(1) replaced 1 July 2020 section 24 Resource Management Amendment Act 2020
87AAD: Overview of application of this Part to boundary activities and fast-track applications
1: If an activity is a boundary activity,—
a: the activity may be a permitted activity if the requirements of section 87BA
b: there are restrictions on who may be notified of an application for a resource consent for the activity ( see sections 95A(4) and (5) 95B(7)
c: the right of appeal under section 120
2: If an application is a fast-track application,—
a: a consent authority must, within the time limit specified in section 95
b: notice of a decision on the application must be given within the time limit specified in section 115(4A)
c: except as provided for in paragraphs (a) and (b), this Act applies to the application in the same way as it applies to any other application for a resource consent.
3: This overview is by way of explanation only. If any provision of this Act conflicts with this overview, that provision prevails. Section 87AAD inserted 18 October 2017 section 134 Resource Legislation Amendment Act 2017
87: Types of resource consents
In this Act, the term resource consent
a: a consent to do something that otherwise would contravene section 9 section 13 land use consent
b: a consent to do something that otherwise would contravene section 11 subdivision consent
c: a consent to do something in a coastal marine area that otherwise would contravene any of sections 12 14 15 15A 15B coastal permit
d: a consent to do something (other than in a coastal marine area) that otherwise would contravene section 14 water permit
e: a consent to do something (other than in a coastal marine area) that otherwise would contravene section 15 discharge permit Section 87(c) amended 20 August 1998 section 17 Resource Management Amendment Act 1997 Section 87(c) amended 20 August 1998 section 11 Resource Management Amendment Act 1994
87A: Classes of activities
1: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.
2: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—
a: the consent authority must grant a resource consent except if—
i: section 106
ii: section 55(2)
b: the consent authority's power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise); and
c: the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.
3: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and—
a: the consent authority's power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise); and
b: if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.
4: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and—
a: the consent authority may decline the consent or grant the consent with or without conditions; and
b: if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.
5: If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a non-complying activity, a resource consent is required for the activity and the consent authority may—
a: decline the consent; or
b: grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D
6: If an activity is described in this Act, regulations (including a national environmental standard), or a plan
a: no application for a resource consent may be made for the activity; and
b: the consent authority must not grant a consent for it.
7: However, subsection (6) does not apply to a concurrent application lodged under subpart 4 Section 87A inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87A(2)﻿(a) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 87A(6) amended 1 October 2011 section 19(1) Resource Management Amendment Act (No 2) 2011 Section 87A(7) inserted 1 October 2011 section 19(2) Resource Management Amendment Act (No 2) 2011
87B: Certain activities to be treated as discretionary activities or prohibited activities
1: An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if—
a: Part 3
b: a plan or proposed plan requires a resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77A
c: a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative.
2: Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4
3: Subsection (2) does not apply to prospecting, exploring, or mining activities set out in section 61(1A)
4: Any mining whose main purpose is to mine mercury must be treated as a prohibited activity. Section 87B inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87B(4) inserted 24 October 2019 section 129 Statutes Amendment Act 2019
87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities
1: A boundary activity is a permitted activity if—
a: the person proposing to undertake the activity provides to the consent authority—
i: a description of the activity; and
ii: a plan (drawn to scale) of the site at which the activity is to occur, showing the height, shape, and location on the site of the proposed activity; and
iii: the full name and address of each owner of the site; and
iv: the full name and address of each owner of an allotment with an infringed boundary; and
b: each owner of an allotment with an infringed boundary—
i: gives written approval for the activity; and
ii: signs the plan referred to in paragraph (a)﻿(ii); and
c: the consent authority notifies the person proposing to undertake the activity that the activity is a permitted activity.
2: If a person proposing to undertake an activity provides information to a consent authority under this section, the consent authority must,—
a: if subsection (1)﻿(a) and (b) are satisfied, give a notice under subsection (1)﻿(c); or
b: if subsection (1)﻿(a) and (b) are not satisfied, notify the person of that fact and return the information to the person.
3: The consent authority must take the appropriate action under subsection (2) within 10 working days after the date on which it receives the information it needs to make a decision under subsection (2)﻿(a) or (b).
4: A notice given under this section must be in writing.
5: If a person has submitted an application for a resource consent for a boundary activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.
6: A notice given under subsection (1)﻿(c) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to. Section 87BA inserted 18 October 2017 section 135 Resource Legislation Amendment Act 2017
87BB: Activities meeting certain requirements are permitted activities
1: An activity is a permitted activity if—
a: the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, regulations (including any national environmental standard), a plan, or a proposed plan; and
b: any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and
c: any adverse effects of the activity on a person are less than minor; and
d: the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity.
2: A consent authority may give a notice under subsection (1)﻿(d)—
a: after receiving an application for a resource consent for the activity; or
b: on its own initiative.
3: The notice must be in writing and must include—
a: a description of the activity; and
b: details of the site at which the activity is to occur; and
c: the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)﻿(a) to (c), and the information relied on by the consent authority in making that decision.
4: If a person has submitted an application for a resource consent for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.
5: A notice given under subsection (1)﻿(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to. Section 87BB inserted 18 October 2017 section 135 Resource Legislation Amendment Act 2017 Streamlining decision-making on resource consents Heading inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009
87C: Sections 87D to 87I apply to resource consent applications
1: Sections 87D to 87I
a: an application for a resource consent that has been notified:
b: an application to change or cancel a condition of a resource consent that has been notified.
2: If the application is called in under section 142(2) sections 87D to 87I Section 87C inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009
87D: Request for application to go directly to Environment Court
1: The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority.
2: The applicant must make the request in the period—
a: starting on the day on which the application is made; and
b: ending 5 working days after the date on which the period for submissions on the application closes.
3: The applicant must make the request electronically or in writing on the prescribed form. Section 87D inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009
87E: Consent authority’s decision on request
1: If the consent authority determines under section 88(3) Section 88(4) and (5)
2: If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.
3: If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either subsection (4) or (5).
4: If the consent authority decides not to notify the application, it must return the request.
5: If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.
6: In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.
6A: Despite the discretion to grant a request under subsection (5) or (6), if regulations have been made under section 360(1)﻿(hm)
a: the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
7: No submitter has a right to be heard by the consent authority on a request.
8: If the consent authority returns or declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.
9: If the consent authority declines the request under subsections (5) to (6A) section 357A(1)﻿(e) Section 87E inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87E(6A) inserted 4 September 2013 section 13(1) Resource Management Amendment Act 2013 Section 87E(9) amended 4 September 2013 section 13(2) Resource Management Amendment Act 2013
87F: Consent authority's subsequent processing
1: If the consent authority does not grant the applicant's request under section 87D
2: If the consent authority grants the applicant's request under section 87D (7)
3: The consent authority must prepare a report on the application within the longer of the following periods:
a: the period that ends 20 working days after the date on which the period for submissions on the application closes:
b: the period that ends 20 working days after the date on which the authority decides to grant the request.
4: In the report, the consent authority must
a: address issues that are set out in sections 104 to 112
b: suggest conditions that it considers should be imposed if the Environment Court grants the application ; and
c: provide a summary of submissions received.
5: As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—
a: the applicant; and
b: every person who made a submission on the application.
6: The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
7: In providing that assistance, the consent authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court. Section 87F inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87F(2) amended 4 September 2013 section 14(1) Resource Management Amendment Act 2013 Section 87F(4) amended 4 September 2013 section 14(2) Resource Management Amendment Act 2013 Section 87F(4)﻿(b) amended 4 September 2013 section 14(3) Resource Management Amendment Act 2013 Section 87F(4)﻿(c) inserted 4 September 2013 section 14(4) Resource Management Amendment Act 2013 Section 87F(6) inserted 4 September 2013 section 14(5) Resource Management Amendment Act 2013 Section 87F(7) inserted 4 September 2013 section 14(5) Resource Management Amendment Act 2013
87G: Environment Court determines application
1: Subsection (2) applies to an applicant who—
a: receives a report provided under section 87F(5)
b: continues to want the application to be determined by the Environment Court instead of by a consent authority.
2: The application is referred to the Environment Court by the applicant,—
a: within 15 working days
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
i: the consent authority that granted the applicant's request under section 87D
ii: every person who made a submission to the authority on the application; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
3: A consent authority served under subsection (2)﻿(b)﻿(i) must, without delay, provide the Environment Court with—
a: the application to which the notice of motion relates; and
b: the authority's report on the application; and
c: all the submissions on the application that the authority received; and
d: all the information and reports on the application that the authority was supplied with.
4: Section 274 , and any person who has made a submission to the consent authority on the application and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section
5: Parts 11 11A
6: If considering a matter that is an application for a resource consent, the court must apply sections 104 to 112 138A
7: If considering a matter that is an application for a change to or cancellation of conditions of a resource consent, the court must apply sections 104 to 112
a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and
b: every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation.
8: However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 107F(3)﻿(b) or (c) Section 87G inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87G(2) replaced 4 September 2013 section 15(1) Resource Management Amendment Act 2013 Section 87G(2)﻿(a) amended 3 March 2015 section 90 Resource Management Amendment Act 2013 Section 87G(4) amended 4 September 2013 section 15(2) Resource Management Amendment Act 2013 Section 87G(5) amended 4 September 2013 section 15(3) Resource Management Amendment Act 2013 Section 87G(8) inserted 1 October 2011 section 20 Resource Management Amendment Act (No 2) 2011
87H: Residual powers of consent authority
The consent authority that would have determined the application had the Environment Court not done so under section 87G Section 87H inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009
87I: When consent authority must determine application
1: This section applies when—
a: an applicant receives a report under section 87F(5)
b: either—
i: the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2)
ii: the applicant does not lodge a notice of motion with the Environment Court under section 87G(2)
c:
2: The application must be determined by the consent authority. Section 87I inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87I(1)﻿(b)﻿(ii) amended 3 March 2015 section 91(1) Resource Management Amendment Act 2013 Section 87I(1)﻿(c) repealed 3 March 2015 section 91(2) Resource Management Amendment Act 2013 Application for resource consent
88: Making an application
1: A person may apply to the relevant consent
1A: A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA
a: is also the administering body in which the recreation reserve land is vested; and
b: agrees that the applications may be made jointly.
2: An application must—
a: be made in the prescribed form and manner; and
b: include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required by Schedule 4
c:
2A: An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries.
3: A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if the application does not—
a: include the information prescribed by regulations; or
b: include the information required by subsection (2)﻿(b)
3A: The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.
4: If, after an application has been returned as incomplete, that application is lodged again with the consent
5: Sections 357 to 358
6: If a joint application is made under subsection (1A), the application to exchange recreation reserve land must be—
a: processed, with the resource consent application, in accordance with sections 88 to 88F 91(1) and (2) 91A to 92B 95 95A(2) 96 to 103B
b: decided under section 15AA Section 88 replaced 1 August 2003 section 37 Resource Management Amendment Act 2003 Section 88(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88(1A) inserted 19 April 2017 section 188(5) Resource Legislation Amendment Act 2017 Section 88(2) replaced 3 March 2015 section 92(1) Resource Management Amendment Act 2013 Section 88(2)﻿(b) replaced 1 July 2020 section 25(1) Resource Management Amendment Act 2020 Section 88(2)﻿(c) repealed 1 July 2020 section 25(1) Resource Management Amendment Act 2020 Section 88(2A) inserted 1 October 2011 section 21 Resource Management Amendment Act (No 2) 2011 Section 88(3) replaced 3 March 2015 section 92(2) Resource Management Amendment Act 2013 Section 88(3)﻿(b) replaced 18 October 2017 section 136(2) Resource Legislation Amendment Act 2017 Section 88(3)﻿(b) amended 1 July 2020 section 25(2) Resource Management Amendment Act 2020 Section 88(3A) inserted 3 March 2015 section 92(2) Resource Management Amendment Act 2013 Section 88(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88(5) amended 10 August 2005 section 50 Resource Management Amendment Act 2005 Section 88(6) inserted 19 April 2017 section 188(6) Resource Legislation Amendment Act 2017
88A: Description of type of activity to remain the same
1: Subsection (1A) applies if—
a: an application for a resource consent has been made under section 88 or 145
b: the type of activity (being controlled, restricted, discretionary, or non-complying) for which the application was made , or that the application was treated as being made under section 87B
i: a proposed plan being notified; or
ii: a decision being made under clause 10(1)
iii: otherwise.
1A: The application continues to be processed, considered, and decided as an application for the type of activity that it was for, or was treated as being for, at the time the application was first lodged.
2: Notwithstanding subsection (1), any plan or proposed plan which exists when the application is considered must be had regard to in accordance with section 104(1)﻿(b)
3: Section 88A inserted 17 December 1997 section 18 Resource Management Amendment Act 1997 Section 88A(1) replaced 1 August 2003 section 38(1) Resource Management Amendment Act 2003 Section 88A(1)﻿(a) amended 1 October 2009 section 70(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88A(1)﻿(b) amended 1 October 2009 section 70(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88A(1)﻿(b)﻿(ii) amended 1 October 2009 section 70(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88A(1A) inserted 1 August 2003 section 38(1) Resource Management Amendment Act 2003 Section 88A(2) amended 1 August 2003 section 38(2) Resource Management Amendment Act 2003 Section 88A(3) repealed 1 October 2009 section 70(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009
88B: Time limits from which time periods are excluded in relation to applications
1: This section provides for the deferral of certain time limits relating to applications.
2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.
3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded. Provisions specifying time limits Provisions describing time periods to be excluded Section 95 Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 88G Section 88H Section 87F(3) Section 88C(4) or (6) Section 88E(2), (6), or (8) Section 88F(2) Section 101(2) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 88G Section 103A Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2) Section 115(3) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 88G Section 115(4) Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2)
4: See also section 103(4) and (5) Section 88B replaced 3 March 2015 section 93 Resource Management Amendment Act 2013 Section 88B(3) amended 30 September 2020 section 26(1) Resource Management Amendment Act 2020 Section 88B(3) amended 30 September 2020 section 26(2) Resource Management Amendment Act 2020 Section 88B(3) amended 30 September 2020 section 26(3) Resource Management Amendment Act 2020 Section 88B(3) amended 30 September 2020 section 26(4) Resource Management Amendment Act 2020 Section 88B(4) inserted 7 August 2020 section 300 Urban Development Act 2020
88C: Excluded time periods relating to provision of further information
Request for further information
1: Subsection (2) applies when—
a: an authority has requested an applicant, under section 92(1)
b: the request is the first request made by the authority to the applicant under that provision; and
c: the request is made before the authority decides whether to notify the application.
2: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date of the request under section 92(1)
b: ending as follows:
i: if the applicant provides the information within 15 working days, the date on which the applicant provides the information:
ii: if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information:
iii: if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)﻿(a)
iv: if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
v: if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information. Commissioning of report—applicant agrees
3: Subsection (4) applies when—
a: an authority has notified an applicant, under section 92(2)﻿(b)
b: the applicant agrees, under section 92B(1)
4: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date of the notification under section 92(2)﻿(b)
b: ending with the date on which the authority receives the report. Commissioning of report—applicant disagrees
5: Subsection (6) applies when—
a: an authority has notified an applicant, under section 92(2)﻿(b)
b: the applicant does not agree, under section 92B(1)
6: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date of the notification under section 92(2)﻿(b)
b: ending with the earlier of the following:
i: the date on which the period of 15 working days ends; and
ii: the date on which the authority receives the applicant's refusal, under section 92B(1) Section 88C replaced 1 October 2009 section 71 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88C(1) heading inserted 3 March 2015 section 94(1) Resource Management Amendment Act 2013 Section 88C(1)﻿(b) replaced 3 March 2015 section 94(2) Resource Management Amendment Act 2013 Section 88C(1)﻿(c) inserted 3 March 2015 section 94(2) Resource Management Amendment Act 2013 Section 88C(2) amended 3 March 2015 section 94(3) Resource Management Amendment Act 2013 Section 88C(3) heading inserted 3 March 2015 section 94(4) Resource Management Amendment Act 2013 Section 88C(4) amended 3 March 2015 section 94(3) Resource Management Amendment Act 2013 Section 88C(5) heading inserted 3 March 2015 section 94(5) Resource Management Amendment Act 2013 Section 88C(6) amended 3 March 2015 section 94(3) Resource Management Amendment Act 2013
88D: Excluded time periods relating to direct referral
Request for direct referral declined and no objection
1: Subsection (2) applies when—
a: an applicant makes a request under section 87D(1)
b: the consent authority declines the request under section 87E(5) to (6A)
c: the applicant does not object under section 357A(1)﻿(e)
2: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the consent authority receives the request; and
b: ending with the date on which the 15 working days referred to in section 357C(1) Request for direct referral declined and objection dismissed
3: Subsection (4) applies when—
a: an applicant makes a request under section 87D(1)
b: the consent authority declines the request under section 87E(5) to (6A)
c: the consent authority dismisses the applicant's objection under section 357D
4: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the consent authority receives the request; and
b: ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection. Request for direct referral granted or objection upheld
5: Subsection (6) applies when—
a: an applicant makes a request under section 87D(1)
b: either—
i: the consent authority grants the request under section 87E(5) to (6A)
ii: the consent authority declines the request under section 87E(5) to (6A) section 357D
6: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the consent authority receives the request; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 87G(2)﻿(a)
ii: the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2) Section 88D replaced 3 March 2015 section 95 Resource Management Amendment Act 2013
88E: Excluded time periods relating to other matters
Deferral pending application for additional consents
1: Subsection (2) applies when a consent authority determines, under section 91(1)
2: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date of the notification of the determination to the applicant under section 91(2)
b: ending with—
i: the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)﻿(b)
ii: the date of an Environment Court order revoking the authority's determination. Approval sought from affected persons or groups
3: Subsection (4) applies when an applicant tries, for the purposes of section 95E(3) 95F 95G
4: The period that must be excluded from every applicable time limit under section 88B Referral to mediation
5: Subsection (6) applies when a consent authority refers persons to mediation under section 99A
6: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date of the reference; and
b: ending with the earlier of the following:
i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
ii: the date on which the mediator reports the outcome of the mediation to the authority. Suspension of processing of notified application
7: Subsection (8) applies when the processing of an application is suspended under section 91A
8: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the suspension started:
b: ending with the date on which the suspension ceased. Section 88E inserted 1 October 2009 section 71 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88E(1) heading inserted 3 March 2015 section 96(1) Resource Management Amendment Act 2013 Section 88E(2) amended 3 March 2015 section 96(2) Resource Management Amendment Act 2013 Section 88E(3) heading inserted 3 March 2015 section 96(3) Resource Management Amendment Act 2013 Section 88E(3) replaced 3 March 2015 section 96(3) Resource Management Amendment Act 2013 Section 88E(4) amended 3 March 2015 section 96(2) Resource Management Amendment Act 2013 Section 88E(5) heading inserted 3 March 2015 section 96(4) Resource Management Amendment Act 2013 Section 88E(6) amended 3 March 2015 section 96(2) Resource Management Amendment Act 2013 Section 88E(7) heading inserted 3 March 2015 section 96(5) Resource Management Amendment Act 2013 Section 88E(7) heading amended 30 September 2020 section 27 Resource Management Amendment Act 2020 Section 88E(7) inserted 3 March 2015 section 96(5) Resource Management Amendment Act 2013 Section 88E(8) inserted 3 March 2015 section 96(5) Resource Management Amendment Act 2013
88F: Excluded time periods relating to pre-request aquaculture agreements
1: Subsection (2) applies when—
a: an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and
b: the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM
c: it is the first request made by the applicant for that purpose.
2: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the request is made; and
b: ending with the earlier of the following:
i: the 80th working day after the date on which the request is made:
ii: the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to. Section 88F inserted 1 October 2011 section 22 Resource Management Amendment Act (No 2) 2011 Section 88F heading replaced 3 March 2015 section 97(1) Resource Management Amendment Act 2013 Section 88F(2) amended 3 March 2015 section 97(2) Resource Management Amendment Act 2013
88G: Exclusion of period when processing of non-notified application suspended
1: Subsection (2) applies when a non-notified application is suspended under section 91D
2: The period that must be excluded from every applicable time limit under section 88B
a: starting from the date on which the suspension started; and
b: ending on the date on which the suspension ceased. Section 88G inserted 30 September 2020 section 28 Resource Management Amendment Act 2020
88H: Excluded time periods relating to non-payment of administrative charges
1: Subsection (2) applies if—
a: an application for a resource consent is lodged with a consent authority; and
b: a charge fixed under section 36 section 95
c: the applicant does not pay the charge when it is payable.
2: The consent authority may exclude from every applicable time limit in section 95
a: starting from the date on which payment is due; and
b: ending on the date on which payment is made. Section 88H inserted 30 September 2020 section 28 Resource Management Amendment Act 2020
88I: Excluded time periods under Urban Development Act 2020
The period described in section 103(4) Section 88I inserted 7 August 2020 section 300 Urban Development Act 2020
89: Applications to territorial authorities for resource consents where land is in
1: Where an application for a subdivision consent is made to a territorial authority and any part , or all, shall
2: Where—
a: an application is made to a territorial authority for a resource consent for an activity which an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and
b: on the date the application is made the proposed location of the activity is still within the coastal marine area,— then the authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act shall apply accordingly.
3: Section 116(2) Section 89 heading amended 7 July 1993 section 45 Resource Management Amendment Act 1993 Section 89(1) amended 7 July 1993 section 45(a) Resource Management Amendment Act 1993 Section 89(1) amended 7 July 1993 section 45(b) Resource Management Amendment Act 1993
89A: Applications affecting navigation to be referred to Maritime New Zealand
1: This section applies to the following applications:
a: an application for a coastal permit to do any of the following in the coastal marine area:
i: reclaim land:
ii: build a structure:
iii: do or maintain works for the improvement, management, protection, or utilisation of a harbour:
b: an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:
c: an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river:
d: an application for a land use consent to use the bed of a navigable lake or river.
2: The local authority must send a copy of the application to Maritime New Zealand.
3: Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes.
4: If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report.
5: The local authority must—
a: ensure that a copy of Maritime New Zealand's report is provided to—
i: the applicant; and
ii: every person who has made a submission on the application:
b: take the report into account in its consideration of the application. Section 89A inserted 1 October 2009 section 72 Resource Management (Simplifying and Streamlining) Amendment Act 2009
90: Distribution of application to other authorities
Section 90 repealed 1 August 2003 section 40 Resource Management Amendment Act 2003
91: Deferral pending application for additional consents
1: A consent authority may determine not to proceed with the notification or hearing of an application for a resource consent if it considers on reasonable grounds that—
a: other resource consents under this Act will also be required in respect of the proposal to which the application relates; and
b: it is appropriate, for the purpose of better understanding the nature of the proposal, that applications for any 1 or more of those other resource consents be made before proceeding further.
2: Where a consent authority makes a determination under subsection (1), it shall forthwith notify the applicant of the determination.
3: The applicant may apply to the Environment Court Section 91(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
91A: Applicant may have processing of
notified
1: A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.
2: The applicant may request the consent authority to suspend the processing of an application at any time in the period—
a: starting when the application is notified; and
b: ending when—
i: the hearing is completed, if a hearing is held for the application; or
ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.
3: However, a request must not be made if—
a: the applicant has lodged a notice of motion with the Environment Court under section 87G(2)﻿(a)
b: the Minister has made a direction under section 142(2)
c: a total of 130 or more working days have been excluded from time limits under section 88B section 88E(8)
4: The request must be made by written or electronic notice.
5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started. Section 91A inserted 3 March 2015 section 98 Resource Management Amendment Act 2013 Section 91A heading amended 30 September 2020 section 29 Resource Management Amendment Act 2020
91B: When suspension of processing
of notified application
1: A consent authority must cease to suspend the processing of a notified
a: a request is received in accordance with this section; or
b: the applicant lodges a notice of motion with the Environment Court under section 87G(2)﻿(a)
c: the Minister makes a direction under section 142(2)
d: the consent authority decides under section 91C
2: The applicant may request the consent authority to cease to suspend the processing of a notified
3: The request must be made by written or electronic notice.
4: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased. Section 91B inserted 3 March 2015 section 98 Resource Management Amendment Act 2013 Section 91B heading amended 30 September 2020 section 30(1) Resource Management Amendment Act 2020 Section 91B(1) amended 30 September 2020 section 30(2) Resource Management Amendment Act 2020 Section 91B(2) amended 30 September 2020 section 30(2) Resource Management Amendment Act 2020
91C: Notified application
1: Subsection (2) applies if—
a: a total of 130 or more working days have been excluded from time limits under section 88B a notified section 88E(8)
b: the application is suspended at the time.
2: The consent authority must decide to—
a: return the application to the applicant; or
b: continue to process the application.
3: If the consent authority decides to return the application,—
a: it must be returned together with a written explanation as to why it is being returned; but
b: the applicant may object to the consent authority under section 357(3A)
4: If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application. Section 91C inserted 3 March 2015 section 98 Resource Management Amendment Act 2013 Section 91C heading amended 30 September 2020 section 31(1) Resource Management Amendment Act 2020 Section 91C(1)﻿(a) amended 30 September 2020 section 31(2) Resource Management Amendment Act 2020
91D: Applicant may have processing of non-notified application suspended
1: A consent authority must suspend the processing of a non-notified application when a request is received in accordance with this section.
2: The applicant may request the consent authority to suspend the processing of a non-notified application at any time in the period—
a: starting on the date on which the application is first lodged with the authority; and
b: ending when—
i: the hearing is completed, if a hearing is held for the application; or
ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application; or
iii: the application is notified.
3: However, a request must not be made if—
a: the applicant has lodged a notice of motion with the Environment Court under section 87G(2)﻿(a)
b: the Minister has made a direction under section 142(2)
c: a total of 20 working days have been excluded from time limits under section 88B
4: The request must be made by written or electronic notice.
5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started. Section 91D inserted 30 September 2020 section 32 Resource Management Amendment Act 2020
91E: When suspension of processing of non-notified application ceases
1: A consent authority must cease to suspend the processing of a non-notified application when—
a: a request is received in accordance with this section; or
b: the applicant lodges a notice of motion with the Environment Court under section 87G(2)﻿(a)
c: the Minister makes a direction under section 142(2)
d: the consent authority decides under section 91F
2: The applicant may request the consent authority to cease to suspend the processing of a non-notified application if it is currently suspended.
3: The request must be made by written or electronic notice.
4: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased. Section 91E inserted 30 September 2020 section 32 Resource Management Amendment Act 2020
91F: Non-notified application may be returned after certain period
1: Subsection (2) applies if the processing of the non-notified application has been suspended for a total of 20 working days in response to 1 or more requests under section 91D
2: The consent authority must decide to—
a: return the application to the applicant; or
b: continue to process the application.
3: If the consent authority decides to return the application,—
a: it must be returned together with a written explanation as to why it is being returned; but
b: the applicant may object to the consent authority under section 357(3A)
4: If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application. Section 91F inserted 30 September 2020 section 32 Resource Management Amendment Act 2020 Further information
92: Further information, or agreement, may be requested
1: A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, request
2: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply:
a: the activity for which the resource consent is sought may, in the authority's opinion, have a significant adverse environmental effect; and
b: the applicant is notified before the authority commissions the report; and
c: the applicant does not refuse, under section 92B(1)
3: The consent authority must notify the applicant, in writing, of its reasons for—
a: requesting further information under subsection (1); or
b: wanting to commission a report under subsection (2).
3A: The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—
a: the applicant refuses, under section 92A
b: the applicant refuses, under section 92B
3B: The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority's office.
4: This section does not apply to reports prepared under section 42A
5: Section 92 replaced 1 August 2003 section 41 Resource Management Amendment Act 2003 Section 92 heading replaced 10 August 2005 section 52(1) Resource Management Amendment Act 2005 Section 92(1) amended 10 August 2005 section 52(2) Resource Management Amendment Act 2005 Section 92(2) replaced 10 August 2005 section 52(3) Resource Management Amendment Act 2005 Section 92(3) replaced 10 August 2005 section 52(3) Resource Management Amendment Act 2005 Section 92(3A) inserted 10 August 2005 section 52(3) Resource Management Amendment Act 2005 Section 92(3B) inserted 1 October 2009 section 73(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92(5) repealed 1 October 2009 section 73(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
92A: Responses to request
1: An applicant who receives a request under section 92(1)
a: provide the information; or
b: tell the consent authority in a written notice that the applicant agrees to provide the information; or
c: tell the consent authority in a written notice that the applicant refuses to provide the information.
2: A consent authority that receives a written notice under subsection (1)﻿(b) must—
a: set a reasonable time within which the applicant must provide the information; and
b: tell the applicant in a written notice the date by which the applicant must provide the information.
3: The consent authority must consider the application under section 104
a: does not respond to the request; or
b: agrees to provide the information under subsection (1)﻿(b) but does not do so; or
c: refuses to provide the information under subsection (1)﻿(c).
4:
5:
6: Section 92A inserted 10 August 2005 section 53 Resource Management Amendment Act 2005 Section 92A(3) replaced 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92A(4) repealed 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92A(5) repealed 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92A(6) repealed 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009
92B: Responses to notification
1: An applicant who receives a notification under section 92(2)﻿(b)
2: The consent authority must consider the application under section 104
a: does not respond in accordance with subsection (1); or
b: refuses to agree to the commissioning of the report.
3:
4:
5: Section 92B inserted 10 August 2005 section 53 Resource Management Amendment Act 2005 Section 92B(2) replaced 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92B(3) repealed 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92B(4) repealed 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92B(5) repealed 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Notification of applications Heading repealed 1 August 2003 section 41 Resource Management Amendment Act 2003
93: When public notification of consent applications is required
Section 93 repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009
94: When public notification of consent applications is not required
Section 94 repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009
94A: Forming opinion as to whether adverse effects are minor or more than minor
Section 94A repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009
94B: Forming opinion as to who may be adversely affected
Section 94B repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009
94C: Public notification if applicant requests or if special circumstances exist
Section 94C repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009
94D: When public notification and service requirements may be varied
Section 94D repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Public notification and limited notification of applications Heading inserted 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009
95: Time limit for public notification or limited notification
1: A consent authority must, within the time limit specified in subsection (2),—
a: decide, in accordance with sections 95A 95B
b: notify the application if it decides to do so.
2: The time limit is,—
a: in the case of a fast-track application, 10 working days after the day the application is first lodged; and
b: in the case of any other application, 20 working days after the day the application is first lodged. Section 95 replaced 18 October 2017 section 137 Resource Legislation Amendment Act 2017
95A: Public notification of consent applications
1: A consent authority must follow the steps set out in this section, in the order given, to determine whether to publicly notify an application for a resource consent. Step 1: mandatory public notification in certain circumstances
2: Determine whether the application meets any of the criteria set out in subsection (3) and,—
a: if the answer is yes, publicly notify the application; and
b: if the answer is no, go to step 2.
3: The criteria for step 1 are as follows:
a: the applicant has requested that the application be publicly notified:
b: public notification is required under section 95C
c: the application is made jointly with an application to exchange recreation reserve land under section 15AA Step 2: if not required by step 1, public notification precluded in certain circumstances
4: Determine whether the application meets either of the criteria set out in subsection (5) and,—
a: if the answer is yes, go to step 4 (step 3 does not apply); and
b: if the answer is no, go to step 3.
5: The criteria for step 2 are as follows:
a: the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification:
b: the application is for a resource consent for 1 or more of the following, but no other, activities:
i: a controlled activity:
ii:
iii: a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity.
iv:
6: Step 3: if not precluded by step 2, public notification required in certain circumstances
7: Determine whether the application meets either of the criteria set out in subsection (8) and,—
a: if the answer is yes, publicly notify the application; and
b: if the answer is no, go to step 4.
8: The criteria for step 3 are as follows:
a: the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification:
b: the consent authority decides, in accordance with section 95D Step 4: public notification in special circumstances
9: Determine whether special circumstances exist in relation to the application that warrant the application being publicly notified and,—
a: if the answer is yes, publicly notify the application; and
b: if the answer is no, do not publicly notify the application, but determine whether to give limited notification of the application under section 95B Section 95A replaced 18 October 2017 section 137 Resource Legislation Amendment Act 2017 Section 95A(5)﻿(b)﻿(ii) repealed 30 September 2020 section 33(1) Resource Management Amendment Act 2020 Section 95A(5)﻿(b)﻿(iv) repealed 30 September 2020 section 33(1) Resource Management Amendment Act 2020 Section 95A(6) repealed 30 September 2020 section 33(2) Resource Management Amendment Act 2020
95B: Limited notification of consent applications
1: A consent authority must follow the steps set out in this section, in the order given, to determine whether to give limited notification of an application for a resource consent, if the application is not publicly notified under section 95A Step 1: certain affected groups and affected persons must be notified
2: Determine whether there are any—
a: affected protected customary rights groups; or
b: affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).
3: Determine—
a: whether the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement made in accordance with an Act specified in Schedule 11
b: whether the person to whom the statutory acknowledgement is made is an affected person under section 95E
4: Notify the application to each affected group identified under subsection (2) and each affected person identified under subsection (3). Step 2: if not required by step 1, limited notification precluded in certain circumstances
5: Determine whether the application meets either of the criteria set out in subsection (6) and,—
a: if the answer is yes, go to step 4 (step 3 does not apply); and
b: if the answer is no, go to step 3.
6: The criteria for step 2 are as follows:
a: the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes limited notification:
b: the application is for a controlled activity (but no other activities) that requires a resource consent under a district plan (other than a subdivision of land). Step 3: if not precluded by step 2, certain other affected persons must be notified
7: In the case of a boundary activity, determine in accordance with section 95E
8: In the case of any other activity, determine whether a person is an affected person in accordance with section 95E
9: Notify each affected person identified under subsections (7) and (8) of the application. Step 4: further notification in special circumstances
10: Determine whether special circumstances exist in relation to the application that warrant notification of the application to any other persons not already determined to be eligible for limited notification under this section (excluding persons assessed under section 95E
a: if the answer is yes, notify those persons; and
b: if the answer is no, do not notify anyone else. Section 95B replaced 18 October 2017 section 137 Resource Legislation Amendment Act 2017 Section 95B(6)﻿(b) replaced 1 July 2020 section 34(1) Resource Management Amendment Act 2020 Section 95B(7) replaced 1 July 2020 section 34(2) Resource Management Amendment Act 2020
95C: Public notification of consent application after request for further information or report
1: A consent authority must publicly notify an application for a resource consent ( see section 95A(2) and (3)
a: it has not already decided whether to give public or limited notification of the application; and
b: subsection (2) or (3) applies.
2: This subsection applies if the consent authority requests further information on the application under section 92(1)
a: does not provide the information before the deadline concerned; or
b: refuses to provide the information.
3: This subsection applies if the consent authority notifies the applicant under section 92(2)﻿(b)
a: does not respond before the deadline concerned; or
b: refuses to agree to the commissioning of the report.
4: This section applies despite any rule or national environmental standard that precludes public or limited notification of the application. Section 95C inserted 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 95C(1) amended 18 October 2017 section 138 Resource Legislation Amendment Act 2017
95D: Consent authority decides if adverse effects likely to be more than minor
A consent authority that is deciding, for the purpose of section 95A(8)﻿(b)
a: must disregard any effects on persons who own or occupy—
i: the land in, on, or over which the activity will occur; or
ii: any land adjacent to that land; and
b: may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and
c: in the case of a
d: must disregard trade competition and the effects of trade competition; and
e: must disregard any effect on a person who has given written approval to the relevant application. Section 95D inserted 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 95D amended 18 October 2017 section 139(1) Resource Legislation Amendment Act 2017 Section 95D(c) amended 18 October 2017 section 139(2)﻿(a) Resource Legislation Amendment Act 2017 Section 95D(c) amended 18 October 2017 section 139(2)﻿(b) Resource Legislation Amendment Act 2017
95E: Consent authority decides if person is affected person
1: For the purpose of giving limited notification of an application for a resource consent for an activity to a person under section 95B(4) and (9) affected person
2: The consent authority, in assessing an activity's adverse effects on a person for the purpose of this section,—
a: may disregard an adverse effect of the activity on the person if a rule or a national environmental standard permits an activity with that effect; and
b: must, if the activity is a controlled activity or a restricted discretionary activity, disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule or a national environmental standard reserves control or restricts discretion; and
c: must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11
3: A person is not an affected person in relation to an application for a resource consent for an activity if—
a: the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or
b: the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.
4: Subsection (3) prevails over subsection (1). Section 95E replaced 18 October 2017 section 140 Resource Legislation Amendment Act 2017
95F: Meaning of affected A protected customary rights group is an affected protected customary rights group
a: the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3
b: the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section. Section 95F replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 95F heading amended 18 October 2017 section 141(1) Resource Legislation Amendment Act 2017 Section 95F amended 18 October 2017 section 141(2) Resource Legislation Amendment Act 2017
95G: Meaning of affected A customary marine title group is an affected customary marine title group
a: the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3
b: the customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section. Section 95G inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 95G heading amended 18 October 2017 section 142(1) Resource Legislation Amendment Act 2017 Section 95G amended 18 October 2017 section 142(2) Resource Legislation Amendment Act 2017 Submissions on applications
96: Making submissions
1: If an application for a resource consent is publicly notified, a person described in subsection (2) may make a submission about it to the consent authority.
2: Any person may make a submission, but the person's right to make a submission is limited by section 308B section 308A
3: If an application for a resource consent is the subject of limited notification, a person described in subsection (4) may make a submission about it to the consent authority.
4: A person served with notice of the application may make a submission, but the person's right to make a submission is limited by section 308B section 308A
5: A submission must be in the prescribed form.
6: A submission must be served—
a: on the consent authority within the time allowed by section 97
b: on the applicant as soon as is reasonably practicable after service on the consent authority.
7: A submission may state whether—
a: it supports the application; or
b: it opposes the application; or
c: it is neutral. Section 96 replaced 1 October 2009 section 77 Resource Management (Simplifying and Streamlining) Amendment Act 2009
97: Time limit for submissions
1: This section specifies the closing date for serving submissions on a consent authority that has notified an application.
2: If public notification was given, the closing date is the 20th working day after the date of public notification.
3: If limited notification was given, the closing date is the 20th working day after the date of limited notification.
4: However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission. Section 97 replaced 3 March 2015 section 100 Resource Management Amendment Act 2013
98: Advice of submissions to applicant
As soon as reasonably practicable after the closing date for submissions, the consent authority shall provide the applicant with a list of all submissions received by it. Pre-hearing meetings and mediation Heading amended 10 August 2005 section 57(1) Resource Management Amendment Act 2005
99: Pre-hearing meetings
1: A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following:
a: each other or one another; and
b: the authority; and
c: anyone else whose presence at the meeting the authority considers appropriate.
2: The authority may invite or require persons to attend a meeting—
a: either—
i: at the request of 1 or more of the persons; or
ii: on its own initiative; and
b: only for the purpose of—
i: clarifying a matter or issue; or
ii: facilitating resolution of a matter or issue.
3: The authority may require persons to attend a meeting only with the consent of the person who made the application.
4: A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—
a: the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and
b: all the persons at the meeting agree.
5: The chairperson of the meeting must, before the hearing, prepare a report that—
a: does not include anything communicated or made available at the meeting on a without prejudice basis; and
b: for the parties who attended the meeting,—
i: sets out the issues that were agreed; and
ii: sets out the issues that are outstanding; and
c: for all the parties,—
i: may set out the nature of the evidence that the parties are to call at the hearing; and
ii: may set out the order in which the parties are to call the evidence at the hearing; and
iii: may set out a proposed timetable for the hearing.
6: The chairperson of the meeting must, before the hearing, send the report to the authority and all the parties so that they have it at least 5 working days before the hearing.
7: The consent authority must have regard to the report in making its decision on the application.
8: If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—
a: to process the person's application; or
b: to consider the person's submission.
9: If the consent authority declines, under subsection (8)﻿(a), to process the person's application,—
a: the person may not appeal under section 120
b: the person may object under section 357A
10: If the consent authority declines, under subsection (8)﻿(b), to consider the person's submission, the person—
a: may not appeal under section 120
i: the decision to decline to consider the submission; or
ii: the decision on the application; and
b: may not become under section 274
c: may object under section 357A Section 99 replaced 10 August 2005 section 57(2) Resource Management Amendment Act 2005
99A: Mediation
1: A consent authority may refer to mediation a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application.
2: The authority may exercise the power in subsection (1)—
a: either—
i: at the request of one of the persons; or
ii: on its own initiative; and
b: only with the consent of all the persons being referred; and
c: only for the purpose of mediating between the persons on a matter or issue.
3: Mediation under this section must be conducted by—
a: a person to whom the authority delegates, under section 34A
b: a person whom the authority appoints to mediate, if the authority is the person who has made an application for a resource consent.
4: The person who conducts the mediation must report the outcome of the mediation to the consent authority. Section 99A inserted 10 August 2005 section 58 Resource Management Amendment Act 2005 Hearings
100: Obligation to hold a hearing
A hearing need not be held in accordance with this Act in respect of an application for a resource consent
a: the consent authority considers that a hearing is necessary; or
b: either the applicant or a person who made a submission in respect of that application has requested to be heard and has not subsequently advised that he or she does not wish to be heard. Section 100 amended 1 August 2003 section 95 Resource Management Amendment Act 2003
100A: Hearing by commissioner if requested by applicant or submitter
1: This section applies in relation to an application for a resource consent if—
a: the application is notified; and
b: in accordance with section 100
2: The applicant, or a person who makes a submission on the application, may request in writing that a local authority delegate its functions, powers, and duties required to hear and decide the application in accordance with subsection (4).
3: The request must be made no later than 5 working days after the closing date for submissions on the application.
4: If the local authority receives a request under subsection (2), it must delegate, under section 34A(1) Section 100A inserted 1 October 2009 section 78 Resource Management (Simplifying and Streamlining) Amendment Act 2009
101: Hearing date and notice
1: If a hearing of an application for a resource consent is to be held, the consent authority shall fix a commencement date and time, and the place, of the hearing.
2: If the application was not notified, the date for the commencement of the hearing must be within 35 working days after the date the application was first lodged with the consent authority.
2A:
3: The consent authority shall give at least 10 working days' notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to—
a: the applicant; and
b: every person who made a submission on the application stating his or her wish to be heard and who has not subsequently advised that he or she does not wish to be heard.
4: Where a joint hearing is to be held under section 102 Section 101(2) replaced 3 March 2015 section 101 Resource Management Amendment Act 2013 Section 101(2A) repealed 1 October 2009 section 79 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 101(4) amended 7 July 1993 section 51(3) Resource Management Amendment Act 1993
102: Joint hearings by 2 or more consent authorities
1: Where applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities shall jointly hear and consider those applications unless—
a: all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and
b: the applicant agrees that a joint hearing need not be held.
2: When a joint hearing is to be held, the regional council for the area concerned shall be responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible.
3: Where 2 or more consent authorities jointly hear applications for resource consents, they shall jointly decide those applications unless—
a: any application is for a restricted coastal activity; or
b: any of the consent authorities consider on reasonable grounds that it is not appropriate to do so.
4: Where 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3), they shall identify in their decision on those applications—
a: their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and
b: the manner in which administrative charges will be allocated between the consent authorities,— and any consent shall be issued by the relevant consent authority accordingly.
4A: Where 2 or more consent authorities separately decide applications, and all the consent authorities have agreed to grant a resource consent, they shall ensure any conditions to be imposed are not inconsistent with each other.
5: In any appeal under section 120
6: This section shall also apply to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal.
7: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A Section 102(4A) inserted 7 July 1993 section 52(1) Resource Management Amendment Act 1993 Section 102(6) inserted 7 July 1993 section 52(2) Resource Management Amendment Act 1993 Section 102(7) inserted 1 October 2009 section 80 Resource Management (Simplifying and Streamlining) Amendment Act 2009
103: Combined hearings in respect of 2 or more applications
1: Where 2 or more applications for resource consents in relation to the same proposal have been made to a consent authority, and that consent authority has decided to hear the applications, the consent authority shall hear and decide those applications together unless—
a: the consent authority is of the opinion that the applications are sufficiently unrelated so that it is unnecessary to hear and decide the applications together; and
b: the applicant agrees that a combined hearing need not be held.
2: This section shall also apply to any other matter the consent authority is empowered to decide or recommend on under this Act in relation to the same proposal.
3: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A Section 103(2) inserted 7 July 1993 section 53 Resource Management Amendment Act 1993 Section 103(3) inserted 1 October 2009 section 81 Resource Management (Simplifying and Streamlining) Amendment Act 2009
103A: Time limit for completion of hearing of notified application
1: This section applies to a hearing of an application for a resource consent that was notified.
2: If public notification was given, the hearing must be completed no later than 75 working days after the closing date for submissions on the application.
3: If limited notification was given, the hearing must be completed no later than 45 working days after the closing date for submissions on the application. Section 103A replaced 3 March 2015 section 102 Resource Management Amendment Act 2013
103B: Requirement to provide report and other evidence before hearing
1: This section applies to a hearing of an application for a resource consent that was notified.
2: The consent authority must provide the following (the authority's evidence
a: a copy of any written report prepared under section 42A(1)
b: briefs of any other evidence to be called by the authority.
3: The applicant must provide briefs of evidence (the applicant's evidence
4: A person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence (the submitter's evidence
5: The consent authority must make the following available at its office to the persons specified:
a: the authority's evidence, to any person who made a submission and did not state a wish to be heard:
b: the applicant's evidence, to any person who made a submission:
c: any submitter's evidence, to any other person who made a submission.
6: The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is made available.
7: This section overrides sections 41B 42A(3) to (5) Section 103B inserted 3 March 2015 section 102 Resource Management Amendment Act 2013 Decisions
104: Consideration of applications
1: When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2 and section 77M
a: any actual and potential effects on the environment of allowing the activity; and
ab: any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and
b: any relevant provisions of—
i: a national environmental standard:
ii: other regulations:
iii: a national policy statement:
iv: a New Zealand coastal policy statement:
v: a regional policy statement or proposed regional policy statement:
vi: a plan or proposed plan; and
c: any other matter the consent authority considers relevant and reasonably necessary to determine the application.
2: When forming an opinion for the purposes of subsection (1)﻿(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or
2A: When considering an application affected by section 124 or 165ZH(1)﻿(c)
2B: When considering a resource consent application for an activity in an area within the scope of a planning document prepared by a customary marine title group under section 85
2C: Subsection (2B) applies until such time as the regional council, in the case of a consent authority that is a regional council, has completed its obligations in relation to its regional planning documents under section 93
2D: When considering a resource consent application that relates to a wastewater network, as defined in section 5
a: must not grant the consent contrary to a wastewater environmental performance standard made under section 138
b: must include, as a condition of granting the consent, requirements that are no less restrictive than is necessary to give effect to the wastewater environmental performance standard.
3: A consent authority must not,
a: when considering an application, have regard to—
i: trade competition or the effects of trade competition; or
ii: any effect on a person who has given written approval to the application:
b:
c: grant a resource consent contrary to—
i: section 107 107A 217
ii: an Order in Council in force under section 152
iii: any regulations:
iv: wāhi tapu conditions included in a customary marine title order or agreement:
v: section 55(2)
d: grant a resource consent if the application should have been
3A: See also section 103(3) section 9
4: A consent authority considering an application must ignore subsection (3)﻿(a)﻿(ii) if the person withdraws the approval in a written notice received by the consent authority before the date of the hearing, if there is one, or, if there is not, before the application is determined.
5: A consent authority may grant a resource consent on the basis that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity, regardless of what type of activity the application was expressed to be for.
6: A consent authority may decline an application for a resource consent on the grounds that it has inadequate information to determine the application.
7: In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being available. Section 104 replaced 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 104(1) amended 21 December 2021 section 13 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 104(1)﻿(ab) inserted 18 October 2017 section 143 Resource Legislation Amendment Act 2017 Section 104(1)﻿(b) replaced 1 October 2009 section 83(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(2) amended 1 October 2009 section 83(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(2A) inserted 10 August 2005 section 59 Resource Management Amendment Act 2005 Section 104(2A) amended 1 October 2011 section 23(1) Resource Management Amendment Act (No 2) 2011 Section 104(2B) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(2B) amended 4 September 2013 section 17 Resource Management Amendment Act 2013 Section 104(2C) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(2D) inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 104(3) amended 1 October 2009 section 83(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3)﻿(a) replaced 1 October 2009 section 83(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3)﻿(b) repealed 1 October 2009 section 83(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3)﻿(c) replaced 17 January 2005 section 24 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 104(3)﻿(c)﻿(i) replaced 28 September 2008 section 6 Resource Management Amendment Act 2008 Section 104(3)﻿(c)﻿(i) amended 1 October 2011 section 23(2) Resource Management Amendment Act (No 2) 2011 Section 104(3)﻿(c)﻿(iv) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(3)﻿(c)﻿(v) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(3)﻿(d) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3A) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 104(4) replaced 1 October 2009 section 83(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(6) inserted 1 October 2009 section 83(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(7) inserted 1 October 2009 section 83(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009
104A: Determination of applications for controlled activities
After considering an application for a resource consent for a controlled activity, a consent authority—
a: must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and
b: may impose conditions on the consent under section 108
i: over which control is reserved in national environmental standards or other regulations; or
ii: over which it has reserved its control in its plan or proposed plan. Section 104A inserted 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 104A(a) replaced 10 August 2005 section 60 Resource Management Amendment Act 2005 Section 104A(b) replaced 1 October 2009 section 84 Resource Management (Simplifying and Streamlining) Amendment Act 2009
104B: Determination of applications for discretionary or non-complying activities
After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent authority—
a: may grant or refuse the application; and
b: if it grants the application, may impose conditions under section 108 Section 104B inserted 1 August 2003 section 44 Resource Management Amendment Act 2003
104C: Determination of applications for restricted discretionary activities
1: When considering an application for a resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which—
a: a discretion is restricted in national environmental standards or other regulations:
b: it has restricted the exercise of its discretion in its plan or proposed plan.
2: The consent authority may grant or refuse the application.
3: However, if it grants the application, the consent authority may impose conditions under section 108
a: a discretion is restricted in national environmental standards or other regulations:
b: it has restricted the exercise of its discretion in its plan or proposed plan. Section 104C replaced 1 October 2009 section 85 Resource Management (Simplifying and Streamlining) Amendment Act 2009
104D: Particular restrictions for non-complying activities
1: Despite any decision made for the purpose of notification in relation to adverse effects
a: the adverse effects of the activity on the environment (other than any effect to which section 104(3)﻿(a)﻿(ii)
b: the application is for an activity that will not be contrary to the objectives and policies of—
i: the relevant plan, if there is a plan but no proposed plan in respect of the activity; or
ii: the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or
iii: both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.
2: To avoid doubt, section 104(2) Section 104D inserted 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 104D(1) amended 18 October 2017 section 144 Resource Legislation Amendment Act 2017 Section 104D(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104D(1)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Decisions on applications relating to discharge of greenhouse gases Heading repealed 4 September 2013 section 18 Resource Management Amendment Act 2013
104E: Applications relating to discharge of greenhouse gases
Section 104E repealed 30 November 2022 section 35 Resource Management Amendment Act 2020
104F: Implementation of
national environmental standards Section 104F repealed 30 November 2022 section 36 Resource Management Amendment Act 2020
104G: Consideration of activities affecting drinking water supply source water
When considering an application for a resource consent, the consent authority must have regard to—
a: the actual or potential effect of the proposed activity on the source of a drinking water supply that is registered under section 55
b: any risks that the proposed activity may pose to the source of a drinking water supply that are identified in a source water risk management plan prepared in accordance with the requirements of the Water Services Act 2021 Section 104G inserted 15 November 2021 section 206(1) Water Services Act 2021
105: Matters relevant to certain applications
1: If an application is for a discharge permit or coastal permit to do something that would contravene section 15 section 15B section 104(1)
a: the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
b: the applicant's reasons for the proposed choice; and
c: any possible alternative methods of discharge, including discharge into any other receiving environment.
2: If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 104(1) section 108(2)﻿(g) Section 105 replaced 1 August 2003 section 44 Resource Management Amendment Act 2003
106: Consent authority may refuse subdivision consent in certain circumstances
1: A
a: there is a significant risk from natural hazards; or
b:
c: sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.
1A: For the purpose of subsection (1)﻿(a), an assessment of the risk from natural hazards requires a combined assessment of—
a: the likelihood of natural hazards occurring (whether individually or in combination); and
b: the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and
c: any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).
2: Conditions under subsection (1) must be—
a: for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
b: of a type that could be imposed under section 108 Section 106 replaced 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 106(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 106(1)﻿(a) replaced 18 October 2017 section 145(1) Resource Legislation Amendment Act 2017 Section 106(1)﻿(b) repealed 18 October 2017 section 145(1) Resource Legislation Amendment Act 2017 Section 106(1A) inserted 18 October 2017 section 145(2) Resource Legislation Amendment Act 2017
107: Restriction on grant of certain discharge permits
1: Except as provided in subsection (2), a consent authority shall not grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A
a: the discharge of a contaminant or water into water; or
b: a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or
ba: the dumping in the coastal marine area from any ship, aircraft, or offshore installation of any waste or other matter that is a contaminant,— if, after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water), is likely to give rise to all or any of the following effects in the receiving waters:
c: the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
d: any conspicuous change in the colour or visual clarity:
e: any emission of objectionable odour:
f: the rendering of fresh water unsuitable for consumption by farm animals:
g: any significant adverse effects on aquatic life.
2: A consent authority may grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A
a: that exceptional circumstances justify the granting of the permit; or
b: that the discharge is of a temporary nature; or
c: that the discharge is associated with necessary maintenance work— and that it is consistent with the purpose of this Act to do so.
3: In addition to any other conditions imposed under this Act, a discharge permit or coastal permit may include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of subsection (1) and of any relevant regional rules. Section 107(1) amended 20 August 1998 section 14(2) Resource Management Amendment Act 1994 Section 107(1) amended 7 July 1993 section 57(1) Resource Management Amendment Act 1993 Section 107(1)﻿(b) replaced 20 August 1998 section 14(1) Resource Management Amendment Act 1994 Section 107(1)﻿(ba) inserted 20 August 1998 section 14(1) Resource Management Amendment Act 1994 Section 107(2) replaced 17 December 1997 section 23(1) Resource Management Amendment Act 1997 Section 107(2) amended 20 August 1998 section 14(2) Resource Management Amendment Act 1994 Section 107(3) replaced 7 July 1993 section 57(4) Resource Management Amendment Act 1993
107A: Restrictions on grant of resource consents
Section 107A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
107B: Provision for certain infrastructure works and related operations
Section 107B repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
107C: Circumstances when written approval for resource consent required from holder of customary rights order
Section 107C repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
107D: Process to apply if grant of resource consent has effect of cancelling customary rights order
Section 107D repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Decisions on applications relating to non-aquaculture activities Heading repealed 1 October 2011 section 24 Resource Management Amendment Act (No 2) 2011
107E: Decision on application to undertake non-aquaculture activity in aquaculture management area
Section 107E repealed 1 October 2011 section 25 Resource Management Amendment Act (No 2) 2011
107F: Applications to undertake aquaculture activities
1: This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, other than an application referred to in subsection (2), including an application under subpart 4
2: This section does not apply to an application that relates to—
a: an area—
i: that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10 20 21
ii: where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or
b: an area that is or was subject to the coastal permit referred to in section 20A
c: an area in a gazetted aquaculture area within the meaning of section 35
3: The consent authority must take the following actions:
a: unless the application is returned under section 88(3A)
b: if information or a report is obtained in relation to the application under section 41C 42A 92 149
c: if the application is notified, as soon as is reasonably practicable after the closing date for submissions, send to the chief executive a copy of the submissions received.
4: For the purposes of subsection (3)﻿(c), in the case of a concurrent application made under subpart 4 Section 107F inserted 1 October 2011 section 26 Resource Management Amendment Act (No 2) 2011 Section 107F(3)﻿(a) amended 3 March 2015 section 103 Resource Management Amendment Act 2013
108: Conditions of resource consents
1: Except as expressly provided in this section and subject to section 108AA
2: A resource consent may include any 1 or more of the following conditions:
a: subject to subsection (10), a condition requiring that a financial contribution be made:
b: a condition requiring provision of a bond (and describing the terms of that bond) in accordance with section 108A
c: a condition requiring that services or works, including (but without limitation) the protection, planting, or replanting of any tree or other vegetation or the protection, restoration, or enhancement of any natural or physical resource, be provided:
d: in respect of any resource consent (other than a subdivision consent), a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the resource consent (being a condition which relates to the use of land to which the consent relates):
e: subject to subsection (8), in respect of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 section 15B
f: in respect of a subdivision consent, any condition described in section 220 section 87A(2)﻿(b) or (3)﻿(a)
g: in respect of any resource consent for reclamation granted by the relevant consent authority, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 10
h: in respect of any coastal permit to occupy any part of the common marine and coastal area
i: detailing the extent of the exclusion of other persons:
ii: specifying any coastal occupation charge.
3: A consent authority may include as a condition of a resource consent a requirement that the holder of a resource consent supply to the consent authority information relating to the exercise of the resource consent.
4: Without limiting subsection (3), a condition made under that subsection may require the holder of the resource consent to do 1 or more of the following:
a: to make and record measurements:
b: to take and supply samples:
c: to carry out analyses, surveys, investigations, inspections, or other specified tests:
d: to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner:
e: to provide information to the consent authority at a specified time or times:
f: to provide information to the consent authority in a specified manner:
g: to comply with the condition at the holder of the resource consent's expense.
5: Any conditions of a kind referred to in subsection (3) that were made before the commencement of this subsection, and any action taken or decision made as a result of such a condition, are hereby declared to be, and to have always been, as valid as they would have been if subsections (3) and (4) had been included in this Act when the conditions were made, or the action was taken, or the decision was made.
6:
7: Any condition under subsection (2)﻿(d)
8: Before deciding to grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B (2)﻿(e)
a: the nature of the discharge and the receiving environment; and
b: other alternatives, including any condition requiring the observance of minimum standards of quality of the receiving environment— the inclusion of that condition is the most efficient and effective means of preventing or minimising any actual or likely adverse effect on the environment.
9: In this section, financial contribution
a: money; or
b: land, including an esplanade reserve or esplanade strip (other than in relation to a subdivision consent), but excluding Maori land within the meaning of Te Ture Whenua Maori Act 1993
c: a combination of money and land.
10: A consent authority must not include a condition in a resource consent requiring a financial contribution unless—
a: the condition is imposed in accordance with the purposes specified in the plan or proposed plan
b: the level of contribution is determined in the manner described in the plan or proposed plan Section 108(1) replaced 17 December 1997 section 24(1) Resource Management Amendment Act 1997 Section 108(1) amended 18 October 2017 section 146 Resource Legislation Amendment Act 2017 Section 108(2) replaced 17 December 1997 section 24(1) Resource Management Amendment Act 1997 Section 108(2)﻿(b) replaced 1 August 2003 section 45(1) Resource Management Amendment Act 2003 Section 108(2)﻿(f) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 108(2)﻿(h) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 108(3) replaced 7 July 1993 section 58(6) Resource Management Amendment Act 1993 Section 108(4) replaced 7 July 1993 section 58(6) Resource Management Amendment Act 1993 Section 108(5) replaced 7 July 1993 section 58(6) Resource Management Amendment Act 1993 Section 108(6) repealed 1 August 2003 section 45(3) Resource Management Amendment Act 2003 Section 108(7) amended 17 December 1997 section 24(3) Resource Management Amendment Act 1997 Section 108(8) amended 20 August 1998 section 24(4)﻿(a) Resource Management Amendment Act 1997 Section 108(8) amended 17 December 1997 section 24(4)﻿(b) Resource Management Amendment Act 1997 Section 108(9) replaced 17 December 1997 section 24(5) Resource Management Amendment Act 1997 Section 108(10) inserted 17 December 1997 section 24(5) Resource Management Amendment Act 1997 Section 108(10)﻿(a) amended 1 August 2003 section 45(4) Resource Management Amendment Act 2003 Section 108(10)﻿(b) amended 1 August 2003 section 45(5) Resource Management Amendment Act 2003
108AA: Requirements for conditions of resource consents
1: A consent authority must not include a condition in a resource consent for an activity unless—
a: the applicant for the resource consent agrees to the condition; or
b: the condition is directly connected to 1 or more of the following:
i: an adverse effect of the activity on the environment:
ii: an applicable district or regional rule, or a national environmental standard:
iii: a wastewater environmental performance standard made under section 138
c: the condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent.
2: Subsection (1) does not limit this Act or regulations made under it.
3: This section does not limit section 77A 106 220
4: For the purpose of this section, a district or regional rule or a national environmental standard is applicable
5: Nothing in this section affects section 108(2)﻿(a) Section 108AA inserted 18 October 2017 section 147 Resource Legislation Amendment Act 2017 Section 108AA(1)﻿(b) replaced 15 November 2021 section 206(1) Water Services Act 2021
108A: Bonds
1: A bond required under section 108(2)﻿(b)
a: a condition relating to the alteration or removal of structures:
b: a condition relating to remedial, restoration, or maintenance work:
c: a condition providing for ongoing monitoring of long-term effects.
2: A condition describing the terms of the bond to be entered into under section 108(2)﻿(b)
a: require that the bond be given before the resource consent is exercised or at any other time:
b: require that section 109(1)
c: provide that the liability of the holder of the resource consent be not limited to the amount of the bond:
d: require the bond to be given to secure performance of conditions of the consent including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent:
e: require the holder of the resource consent to provide such security as the consent authority thinks fit for the performance of any condition of the bond:
f: require the holder of the resource consent to provide a guarantor (acceptable to the consent authority) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
g: provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the consent authority.
3: If a consent authority considers that an adverse effect may continue or arise at any time after the expiration of a resource consent granted by it, the consent authority may require that a bond continue for a specified period that the consent authority thinks fit. Section 108A inserted 1 August 2003 section 46 Resource Management Amendment Act 2003
109: Special provisions in respect of bonds or covenants
1: Every bond given under section 108A section 108(2)﻿(d)
a: shall be deemed to be an instrument creating an interest in the land within the meaning of section 51
b: when registered under the Land Transfer Act 2017 section 103
2: Where any such bond or covenant has been registered under the Land Transfer Act 2017 Registrar-General of Land
3: Where any bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the consent authority, the consent authority may from time to time, under section 171
4: Where the holder fails, within the period prescribed by the resource consent (or within such further period as the consent authority may allow), to complete, to the satisfaction of the consent authority, any work in respect of which any bond is given (including completion of any interim monitoring required)
a: the consent authority may enter on the land and complete the work and recover the cost thereof from the holder out of any money or securities deposited with the consent authority or money paid by a guarantor, so far as the money or securities will extend; and
b: on completion of the work to the satisfaction of the consent authority, any money or securities remaining in the hands of the consent authority after payment of the cost of the works shall be returned to the holder or the guarantor, as the case may be.
5: Where the cost of any work done by the consent authority under subsection (4) exceeds the amount recovered by the consent authority under that subsection, the amount of that excess shall be a debt due to the consent authority by the holder, and shall thereupon be a charge on the land.
6: The provisions of Part 12 Section 109(1) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 109(1) amended 17 December 1997 section 25(b) Resource Management Amendment Act 1997 Section 109(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 109(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 109(4) amended 1 August 2003 section 47 Resource Management Amendment Act 2003
110: Refund of money and return of land where activity does not proceed
1: Subject to subsection (2), where—
a: a resource consent includes a condition under section 108(2)﻿(a)
b: that resource consent lapses under section 125 section 126 section 138
c: the activity in respect of which the resource consent was granted does not proceed,— the consent authority shall refund or return to the consent holder, or his or her personal representative, any financial contribution paid or land set aside under section 108(2)﻿(a)
2: A consent authority may retain any portion of a financial contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the consent authority in relation to the activity and its discontinuance. Section 110(1) amended 17 December 1997 section 26 Resource Management Amendment Act 1997 Section 110(1) amended 7 July 1993 section 59 Resource Management Amendment Act 1993 Section 110(1)﻿(a) amended 17 December 1997 section 26 Resource Management Amendment Act 1997 Section 110(1)﻿(a) amended 7 July 1993 section 59 Resource Management Amendment Act 1993
111: Use of financial contributions
Where a consent authority has received a cash contribution under section 108(2)﻿(a) Section 111 amended 1 July 2003 section 262 Local Government Act 2002 Section 111 amended 17 December 1997 section 27 Resource Management Amendment Act 1997 Section 111 amended 7 July 1993 section 60 Resource Management Amendment Act 1993
112: Obligation to pay rent and royalties deemed condition of consent
1: In every coastal permit authorising the holder to—
a:
b: remove any sand, shingle, shell, section 12(4) there shall be implied a condition that the holder shall at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown,—
c: where the permit was permitted to be granted by virtue of an authorisation granted under section 161
d: any sum of money required to be paid by any regulation made under section 360(1)﻿(c)
2: In every water permit granted to do something that would otherwise contravene section 14(2)﻿(c) section 360(1)﻿(c)
3: Where an activity specified in subsection (1) or subsection (2) is a permitted activity in a plan, there shall be implied as a condition in the plan that the person undertaking the activity shall at all times throughout the period during which the activity is undertaken pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by regulations made under section 360(1)﻿(c) Section 112 heading amended 17 December 1997 section 28 Resource Management Amendment Act 1997 Section 112(1)﻿(a) repealed 17 December 1997 section 28 Resource Management Amendment Act 1997 Section 112(1)﻿(b) amended 7 July 1993 section 61(1) Resource Management Amendment Act 1993 Section 112(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 112(3) inserted 7 July 1993 section 61(2) Resource Management Amendment Act 1993
113: Decisions on applications to be in writing, etc
1: Every decision on an application for a resource consent that is notified
a: the reasons for the decision; and
aa: the relevant statutory provisions that were considered by the consent authority; and
ab: any relevant provisions of the following that were considered by the consent authority:
i: a national environmental standard:
ia: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement:
iv: a proposed regional policy statement:
v: a plan:
vi: a proposed plan; and
ac: the principal issues that were in contention; and
ad: a summary of the evidence heard; and
ae: the main findings on the principal issues that were in contention
b: in a case where a resource consent is granted for a shorter duration than specified in the application, the reasons for deciding on the shorter duration.
2: Without limiting subsection (1), in a case where a resource consent is granted which, when exercised, is likely to allow any of the effects described in section 107(1)﻿(c) to (g)
3: A decision prepared under subsection (1) may,—
a: instead of repeating material, cross-refer to all or a part of—
i: the assessment of environmental effects provided by the applicant concerned:
ii: any report prepared under section 41C 42A 92
b: adopt all or a part of the assessment or report, and cross-refer to the material accordingly.
4: Every decision on an application for a resource consent that is not notified must be in writing and state the reasons for the decision. Section 113(1) amended 1 October 2009 section 86(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(1)﻿(aa) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)﻿(ab) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)﻿(ab)﻿(i) replaced 1 October 2009 section 86(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(1)﻿(ab)﻿(ia) inserted 1 October 2009 section 86(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(1)﻿(ac) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)﻿(ad) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)﻿(ae) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)﻿(ae) amended 1 October 2009 section 86(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(2) inserted 7 July 1993 section 62 Resource Management Amendment Act 1993 Section 113(3) inserted 1 October 2009 section 86(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(4) inserted 1 October 2009 section 86(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009
114: Notification
1: A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on the applicant.
2: A consent authority must ensure that a notice of decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on—
a: persons who made a submission; and
b: other persons and authorities that it considers appropriate.
3: If the consent authority serves a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district (if the consent authority is a territorial authority) or region (in all other cases); and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received.
4: If the decision is to grant an application that section 107F
a: send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry of Fisheries:
b: advise the applicant that—
i: the decision is still subject to an aquaculture decision by the chief executive of the Ministry of Fisheries under the Fisheries Act 1996
ii: the consent may commence only in accordance with section 116A
c: if there is no appeal relating to the decision, or following completion of any such appeal,—
i: send a copy of the final decision to the chief executive of the Ministry of Fisheries; and
ii: request an aquaculture decision from the chief executive under the Fisheries Act 1996
5: If a consent authority forwards, at the same time, 2 or more decisions to the chief executive of the Ministry of Fisheries under subsection (4)﻿(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.
6: Subsection (4) does not apply if the decision relates to an application for a change or cancellation of the conditions of a consent under section 127 section 132 section 165ZH
a: that consent had conditions specified under section 186H(3)
b: the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.
7: For the purpose of subsection (4), in the case of a concurrent application made under subpart 4
a: paragraphs (a) and (b) of that subsection are to be performed by the EPA; and
b: paragraph (c) of that subsection are to be performed by the consent authority.
8: If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA
a: the resource consent is subject to a decision by the administering body on the application to exchange the recreation reserve land; and
b: the decision on the exchange will be made under section 15AA
c: the resource consent will not commence until the date determined under section 116B Section 114 replaced 1 August 2003 section 48 Resource Management Amendment Act 2003 Section 114(4) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(5) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(6) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(7) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(8) inserted 19 April 2017 section 188(8) Resource Legislation Amendment Act 2017
115: Time limits for notification of decision
1: Notice of a decision on an application for a resource consent must be given under section 114
2: If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing.
3: If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the authority.
4: If the application was notified and a hearing is not held, notice of the decision must be given within 20 working days after the closing date for submissions on the application.
4A: Despite anything else in this section, if the application is a fast-track application, notice of the decision must be given within 10 working days after the date the application was first lodged with the authority.
5: Section 115 replaced 1 October 2009 section 87 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 115(4A) inserted 18 October 2017 section 148 Resource Legislation Amendment Act 2017 Section 115(5) repealed 3 March 2015 section 104 Resource Management Amendment Act 2013
116: When a resource consent commences
1: Except as provided in subsections (1A), (2), (4), and (5) or sections 116A 116B
a: when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or
b: when the Environment Court unless the resource consent states a later date Environment Court
1A: A resource consent that has been granted—
a: for a non-notified application; or
b: for a notified application where the time for lodging submissions has expired and either—
i: no submissions are received; or
ii: all submissions received are withdrawn before a decision is made— commences section 114 applies, or an objection has been made under section 357A
1AB: If an objection has been made under section 357A section 358
2: A resource consent to which section 89(2)
a: in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 355(3)
b: in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 245(5)
3:
4: Where the Environment Court grants a resource consent under section 87G 149U
5: Where a board of inquiry grants a resource consent under section 149R
6: If a resource consent is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) Section 116(1) amended 19 April 2017 section 188(9) Resource Legislation Amendment Act 2017 Section 116(1) amended 1 October 2011 section 28 Resource Management Amendment Act (No 2) 2011 Section 116(1) amended 1 October 2009 section 88(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 116(1) amended 7 July 1993 section 64(1)﻿(a) Resource Management Amendment Act 1993 Section 116(1) amended 7 July 1993 section 64(1)﻿(b) Resource Management Amendment Act 1993 Section 116(1)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 116(1A) inserted 7 July 1993 section 64(2) Resource Management Amendment Act 1993 Section 116(1A) amended 1 October 2009 section 88(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(1A) amended 10 August 2005 section 63 Resource Management Amendment Act 2005 Section 116(1A) amended 1 August 2003 section 50(1) Resource Management Amendment Act 2003 Section 116(1AB) inserted 1 August 2003 section 50(2) Resource Management Amendment Act 2003 Section 116(1AB) amended 10 August 2005 section 63 Resource Management Amendment Act 2005 Section 116(3) repealed 1 October 2009 section 88(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(4) inserted 1 October 2009 section 88(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(5) inserted 1 October 2009 section 88(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(6) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
116A: When coastal permit for aquaculture activities may commence
1: A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section.
2: If the chief executive of the Ministry of Fisheries makes a determination in relation to the permit, and has notified the consent authority of that decision in accordance with section 186H
a: amend the permit, if necessary, to note any conditions specified under section 186H(3)
b: notify the applicant that the permit commences in respect of the area that is the subject of the determination, on the date of notification under this paragraph, or, if the permit specifies a later commencement date, on that date.
3: If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H
a: amend the permit to remove the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
4: If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H
a: amend the permit to show the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: notify the applicant that the permit will not commence in the area affected by the reservation, unless—
i: an aquaculture agreement is registered in accordance with section 186ZH
ii: a compensation declaration has been registered under section 186ZHA
5: If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH 186ZHA
a: amend the permit so that it no longer shows the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.
6: If subsection (5) applies, then for the purposes of section 125(1)﻿(b)
7: If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK
a: amend the permit to remove the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
8: If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant.
9: Subsections (3) and (7) apply even if the permit was granted under section 104A
10: In the case of a concurrent application made under subpart 4 Section 116A inserted 1 October 2011 section 29 Resource Management Amendment Act (No 2) 2011
116B: When resource consent commences if subject to grant of application to exchange recreation reserve land
If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA
a: the consent authority must notify the applicant when the procedures in sections 15 15AA
b: the resource consent commences on—
i: the date of the notification under paragraph (a); or
ii: any later date that is specified in the notification. Section 116B inserted 19 April 2017 section 188(10) Resource Legislation Amendment Act 2017 Restricted coastal activities
117: Application to carry out restricted coastal activity
1: An application for a coastal permit to carry out an activity that a regional coastal plan describes as a restricted coastal activity must be made to the regional council for the region concerned, except if the application is made to the EPA under section 145
2: The regional council is the consent authority in relation to the application for the coastal permit.
3: Any provisions of this Act that apply in relation to an application for a resource consent apply in relation to the application for the coastal permit, except as provided in this section.
4: The consent authority must, after receiving the application, promptly provide a copy of it to the Minister of Conservation and the relevant territorial authority.
5: The consent authority must publicly notify the application.
6: Section 100A
7: The consent authority must delegate, under section 34A section 34A(1)
8: The consent authority must ensure that a notice of its decision on the application is served on the Minister of Conservation under section 114 Section 117 replaced 1 October 2009 section 89 Resource Management (Simplifying and Streamlining) Amendment Act 2009
118: Recommendation of hearing committee
Section 118 repealed 1 October 2009 section 90 Resource Management (Simplifying and Streamlining) Amendment Act 2009
119: Decision on application for restricted coastal activity
Section 119 repealed 1 October 2009 section 90 Resource Management (Simplifying and Streamlining) Amendment Act 2009
119A: Coastal permit for restricted coastal activity treated as if granted by regional council
1: Subsection (3) applies to a coastal permit for a restricted coastal activity granted at any time by the Minister of Conservation for a coastal marine area within the region of a regional council.
2: If subsection (3) applies to a coastal permit, it applies on and from the later of—
a: 1 October 2009; or
b: the date that the coastal permit is granted.
3: The coastal permit is to be treated as if—
a: it were granted by the regional council; and
b: the regional council were the consent authority in relation to the coastal permit on and from the date it was granted. Section 119A replaced 1 October 2009 section 91 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Appeals
120: Right to appeal
1: Any 1 or more of the following persons may appeal to the Environment Court section 121
a: the applicant or consent holder:
b: any person who made a submission on the application or review of consent conditions:
c: in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation.
1A: However, there is no right of appeal under this section against the whole or any part of a decision of a consent authority referred to in subsection (1) to the extent that the decision relates to a boundary activity, unless the boundary activity is a non-complying activity.
1B: A person exercising a right of appeal under subsection (1)﻿(b) may appeal—
a: any matter that was raised in the person’s submission except any part of the submission that is struck out under section 41D
b: any matter that was not raised in the person’s submission.
2: This section is in addition to the rights provided for in sections 357A 357AB 357C 357D provide Section 120(1) amended 1 October 2009 section 92(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 120(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 120(1)﻿(c) inserted 1 October 2009 section 92(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 120(1A) replaced 30 September 2020 section 37(1) Resource Management Amendment Act 2020 Section 120(1B) replaced 1 July 2020 section 37(2) Resource Management Amendment Act 2020 Section 120(2) inserted 7 July 1993 section 68(2) Resource Management Amendment Act 1993 Section 120(2) amended 18 October 2017 section 149(2) Resource Legislation Amendment Act 2017 Section 120(2) amended 10 August 2005 section 65 Resource Management Amendment Act 2005
121: Procedure for appeal
1: Notice of an appeal under section 120
a: state the reasons for the appeal and the relief sought; and
b: state any matters required by regulations; and
c: be lodged with the Environment Court
2: The appellant shall ensure that a copy of the notice of appeal is served on every person referred to in section 120 Environment Court
3: Section 121(1)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 121(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 121(3) repealed 1 October 2009 section 93 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Nature of resource consent
122: Consents not real or personal property
1: A resource consent is neither real nor personal property.
2: Except as expressly provided otherwise in the conditions of a consent,—
a: on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and he or she may deal with the consent to the same extent as the holder would have been able to do; and
b: on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and he or she may deal with the consent to the same extent as the holder would have been able to do; and
c: a consent shall be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988
3: The holder of a resource consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.
4: Subject to the provisions of this Act, and in particular to subsection (3), the Personal Property Securities Act 1999
a: the resource consent were goods within the meaning of that Act; and
b: the resource consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts).
5: Except to the extent—
a: that the coastal permit expressly provides otherwise; and
b: that is reasonably necessary to achieve the purpose of the coastal permit,— no coastal permit shall be regarded as—
c: an authority for the holder to occupy a coastal marine area
d: conferring on the holder the same rights in relation to the use and occupation of the area against those persons as if he or she were a tenant or licensee of the land.
6: Except to the extent—
a: that the consent expressly provides otherwise; and
b: that is reasonably necessary to achieve the purpose of the consent,— no coastal permit shall be regarded as an authority for the holder to remove sand, shingle, shell, Section 122(4) replaced 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 122(5)﻿(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 122(6) amended 7 July 1993 section 70 Resource Management Amendment Act 1993 Duration of consent
123: Duration of consent
Except as provided in section 123A 125
a: the period for which a coastal permit for a reclamation, or a land use consent in respect of a reclamation that would otherwise contravene section 13
b: subject to paragraph (c), the period for which any other land use consent, or a subdivision consent, is granted is unlimited, unless otherwise specified in the consent:
c: the period for which any other coastal permit, or any other land use consent to do something that would otherwise contravene section 13 section 116
d: the period for which any other resource consent is granted is the period (not exceeding 35 years from the date of granting) specified in the consent and, if no such period is specified, is 5 years from the date of commencement of the consent under section 116 Section 123 amended 1 October 2011 section 30 Resource Management Amendment Act (No 2) 2011
123A: Duration of consent for aquaculture activities
1: A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted.
2: The period specified under subsection (1) must be not less than 20 years from the date of commencement of the consent under section 116A
a: the applicant has requested a shorter period; or
b: a shorter period is required to ensure that adverse effects on the environment are adequately managed ; or
c: a national environmental standard expressly allows a shorter period.
3: The period specified under subsection (1) must be not more than 35 years from the date of commencement of the consent under section 116A
4: This section applies subject to section 125 Section 123A inserted 1 October 2011 section 31 Resource Management Amendment Act (No 2) 2011 Section 123A(2)﻿(b) amended 19 April 2017 section 77(1) Resource Legislation Amendment Act 2017 Section 123A(2)﻿(c) inserted 19 April 2017 section 77(2) Resource Legislation Amendment Act 2017
124: Exercise of resource consent while applying for new consent
1: Subsection (3) applies when—
a: a resource consent is due to expire; and
b: the holder of the consent applies for a new consent for the same activity; and
c: the application is made to the appropriate consent authority; and
d: the application is made at least 6 months before the expiry of the existing consent.
2: Subsection (3) also applies when—
a: a resource consent is due to expire; and
b: the holder of the consent applies for a new consent for the same activity; and
c: the application is made to the appropriate consent authority; and
d: the application is made in the period that—
i: begins 6 months before the expiry of the existing consent; and
ii: ends 3 months before the expiry of the existing consent; and
e: the authority, in its discretion, allows the holder to continue to operate.
3: The holder may continue to operate under the existing consent until—
a: a new consent is granted and all appeals are determined; or
b: a new consent is declined and all appeals are determined.
4: This section does not apply to an application to which section 165ZH Section 124 replaced 10 August 2005 section 66 Resource Management Amendment Act 2005 Section 124(4) inserted 1 October 2011 section 32 Resource Management Amendment Act (No 2) 2011
124A: When sections 124B and 124C apply and when they do not apply
1: Sections 124B 124C section 124
2: Sections 124B 124C section 124
a: they apply if, when the application is made,—
i: the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
ii: the relevant plan does not expressly say that sections 124A to 124C do not apply; and
b: they apply to the extent to which the amount of the resource sought by a person described in section 124B(1)﻿(a) and (b)
i: is allocated to the same type of activity; and
ii: is left after the deduction of every amount allocated to every other existing resource consent.
3: Sections 124B 124C section 124 Section 124A inserted 9 August 2008 section 67 Resource Management Amendment Act 2005
124B: Applications by existing holders of resource consents
1: This section applies when—
a: a person holds an existing resource consent to undertake an activity under any of sections 12 13 14 15
b: the person makes an application affected by section 124
c: the consent authority receives 1 or more other applications for a resource consent that—
i: are to undertake an activity using some or all of the natural resource to which the existing consent relates; and
ii: could not be fully exercised until the expiry of the existing consent.
2: The application described in subsection (1)﻿(b) is entitled to priority over every application described in subsection (1)﻿(c).
3: The consent authority must determine the application described in subsection (1)﻿(b) before it determines any application described in subsection (1)﻿(c).
4: The consent authority must determine an application described in subsection (1)﻿(b) by applying all the relevant provisions of this Act and the following criteria:
a: the efficiency of the person's use of the resource; and
b: the use of industry good practice by the person; and
c: if the person has been served with an enforcement order not later cancelled under section 321 section 338
i: how many enforcement orders were served or convictions entered; and
ii: how serious the enforcement orders or convictions were; and
iii: how recently the enforcement orders were served or the convictions entered. Section 124B inserted 9 August 2008 section 67 Resource Management Amendment Act 2005
124C: Applications by persons who are not existing holders of resource consents
1: This section applies when—
a: a person makes an application for a resource consent to undertake an activity under any of sections 12 13 14 15
b: the person does not hold an existing consent for the same activity using some or all of the same natural resource; and
c: a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 124B(1)﻿(a)
d: the person makes the application more than 3 months before the expiry of the consent described in section 124B(1)﻿(a)
2: The consent authority must—
a: hold the application without processing it; and
b: notify the holder of the existing consent—
i: that the application has been received; and
ii: that the holder may make an application affected by section 124
3: If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 124
4: If the holder of the existing consent does not make an application affected by section 124
5: If the holder of the existing consent makes an application affected by section 124
6: If the result of the determination of the holder's application and any appeal is that the holder's application affected by section 124 Section 124C inserted 9 August 2008 section 67 Resource Management Amendment Act 2005
125: Lapsing of consent
s
1: A resource consent lapses on the date specified in the consent or, if no date is specified,—
a: 5 years after the date of commencement of the consent, if the consent does not authorise aquaculture activities to be undertaken in the coastal marine area; or
b: 3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area.
1A: However, a consent does not lapse under subsection (1) if, before the consent lapses,—
a: the consent is given effect to; or
b: an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
i: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
ii: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
iii: the effect of the extension on the policies and objectives of any plan or proposed plan.
1B: Sections 357A 357C to 358
2: For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 223 section 224
3: This section is subject to section 150G Section 125 heading amended 7 July 1993 section 71 Resource Management Amendment Act 1993 Section 125(1) replaced 1 October 2011 section 33 Resource Management Amendment Act (No 2) 2011 Section 125(1A) replaced 1 October 2011 section 33 Resource Management Amendment Act (No 2) 2011 Section 125(1B) inserted 1 October 2011 section 33 Resource Management Amendment Act (No 2) 2011 Section 125(2) inserted 7 July 1993 section 71 Resource Management Amendment Act 1993 Section 125(3) inserted 19 March 2004 section 4 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004
126: Cancellation of consent
1: A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years.
2: Subsection (1) does not apply if—
a: the resource consent expressly provides otherwise; or
b: within 3 months after service of the notice, an application is made to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—
i: whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
ii: the effect of the revocation of the notice on the policies and objectives of any plan or proposed plan.
3: Sections 357A 357C 358 Section 126 replaced 1 August 2003 section 52 Resource Management Amendment Act 2003 Section 126(3) amended 10 August 2005 section 69 Resource Management Amendment Act 2005
127: Change or cancellation of consent condition on application by consent holder
1: The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following:
a: the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221
b: no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent.
2:
3: Sections 88 to 121
a: the application were an application for a resource consent for a discretionary activity; and
b: the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.
3A: If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3)
4: For the purposes of determining who is adversely affected by the change or cancellation, the consent
a: made a submission on the original application; and
b: may be affected by the change or cancellation. Section 127(1) replaced 10 August 2005 section 70 Resource Management Amendment Act 2005 Section 127(2) repealed 10 August 2005 section 70 Resource Management Amendment Act 2005 Section 127(3) replaced 1 August 2003 section 53(2) Resource Management Amendment Act 2003 Section 127(3A) inserted 1 October 2011 section 34 Resource Management Amendment Act (No 2) 2011 Section 127(4) replaced 1 August 2003 section 53(2) Resource Management Amendment Act 2003 Section 127(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Review of consent conditions by consent authority
128: Circumstances when consent conditions can be reviewed
1: A consent authority may, in accordance with section 129
a: at any time or times
i: to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or
ii: to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B
iii: for any other purpose specified in the consent; or
b: in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, if—
i: a regional plan contains a rule that relates to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water; and
ii: the rule has been made operative; and
iii: the regional council considers that it is appropriate to review the conditions of the permit or consent in order to enable the levels, flows, rates, or standards set by the rule to be met; or
ba: in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made; or
bb: in the case of a land use consent, in relation to a relevant regional rule; or
c: if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions; or
d: if the review is part of a review carried out under subsection (2A).
2: A consent authority must, in accordance with section 129 section 339(5)﻿(b)
2A: If more than 1 resource consent is affected by the rule referred to in subsection (1)﻿(b)﻿(i), the consent authority may review the conditions of those resource consents together for the purpose of managing the effects of the activities carried out under those resource consents.
3: A regional council must notify the chief executive of the Ministry of Fisheries as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) Section 128(1)﻿(a) amended 7 July 1993 section 73(1)﻿(a) Resource Management Amendment Act 1993 Section 128(1)﻿(a)﻿(ii) amended 20 August 1998 section 30 Resource Management Amendment Act 1997 Section 128(1)﻿(a)﻿(ii) amended 7 July 1993 section 73(1)﻿(b) Resource Management Amendment Act 1993 Section 128(1)﻿(b) replaced 1 July 2020 section 38(1) Resource Management Amendment Act 2020 Section 128(1)﻿(ba) replaced 19 April 2017 section 78 Resource Legislation Amendment Act 2017 Section 128(1)﻿(bb) inserted 19 April 2017 section 78 Resource Legislation Amendment Act 2017 Section 128(1)﻿(d) inserted 1 July 2020 section 38(2) Resource Management Amendment Act 2020 Section 128(2) replaced 1 October 2009 section 94 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 128(2A) inserted 1 July 2020 section 38(3) Resource Management Amendment Act 2020 Section 128(3) inserted 1 October 2011 section 35 Resource Management Amendment Act (No 2) 2011
129: Notice of review
1: A notice under section 128
a: shall advise the consent holder of the conditions of the consent which are the subject of the review; and
b: shall state the reasons for the review; and
c: shall specify the information which the consent authority took into account in making its decision to review the consent, unless the notice is given under section 128(1)﻿(a) or (ba) or (2)
d: may propose, and invite the consent holder to propose within 20 working days of service of the notice, new consent conditions ; and
e: must advise a consent holder by whom a charge is payable under section 36(1)﻿(cb)
i: of the fact that the charge is payable; and
ii: of the estimated amount of the charge; and
f: must, if section 128(2A) section 128(1)﻿(b)﻿(i)
2: If notification of the review is required under section 130 section 128
a: 30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or
b: 10 working days after the service of the notice (if the consent holder is not invited to propose new conditions). Section 129(1)﻿(c) amended 1 October 2009 section 95 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 129(1)﻿(c) amended 1 August 2003 section 55(1) Resource Management Amendment Act 2003 Section 129(1)﻿(d) amended 10 August 2005 section 72(1) Resource Management Amendment Act 2005 Section 129(1)﻿(e) inserted 10 August 2005 section 72(2) Resource Management Amendment Act 2005 Section 129(1)﻿(f) inserted 1 July 2020 section 39 Resource Management Amendment Act 2020 Section 129(2) replaced 1 August 2003 section 55(2) Resource Management Amendment Act 2003
130: Public notification, submissions, and hearing, etc
1: Sections 96 to 102
a: the notice of review under section 129
b: the consent holder were the applicant for the resource consent.
2: Sections 96 to 102 section 117(4), (6), (7), and (8)
a: the notice of review under section 129
b: the consent holder were the applicant for a resource consent.
3: Sections 95 to 95G
a: the review of consent conditions were an application for a resource consent for a discretionary activity; and
b: the references to a resource consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively.
4:
5: If a regional plan or regional coastal plan states that a rule will affect the exercise of existing resource consents under section 68(7)
a: is not required to comply with sections 95 to 95G
b: must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 129
6: Where a consent which would otherwise be heard under subsection (5) is a consent granted for a restricted coastal activity, the provisions of subsection (2) shall apply except that the only persons who may be heard in relation to the matter are
7: Notwithstanding subsections (5) and (6), if a consent authority considers special circumstances exist, it may require that a review be notified and a hearing be held even if a plan expressly states that a rule shall affect the exercise of existing consents under section 68(7)
8: When reviewing the conditions of a resource consent under section 128(1)﻿(ba)
a: make a submission to the consent authority; and
b: request to be heard. Section 130(2) replaced 1 October 2009 section 96(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(3) replaced 1 August 2003 section 56(1) Resource Management Amendment Act 2003 Section 130(3) amended 4 September 2013 section 19 Resource Management Amendment Act 2013 Section 130(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(4) repealed 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(5) replaced 1 August 2003 section 56(3) Resource Management Amendment Act 2003 Section 130(5)﻿(a) amended 4 September 2013 section 19 Resource Management Amendment Act 2013 Section 130(5)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(6) inserted 7 July 1993 section 75(2) Resource Management Amendment Act 1993 Section 130(6) amended 1 October 2009 section 96(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(7) inserted 7 July 1993 section 75(2) Resource Management Amendment Act 1993 Section 130(8) inserted 1 August 2003 section 56(4) Resource Management Amendment Act 2003
131: Matters to be considered in review
1: When reviewing the conditions of a resource consent, the consent authority
a: shall have regard to the matters in section 104
aa: in the case of a review under section 128(2)
b: may have regard to the manner in which the consent has been used.
2: Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B
a: the nature of the discharge and the receiving environment; and
b: the financial implications for the applicant of including that condition; and
c: other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment— that including that condition is the most efficient and effective means of removing or reducing that adverse effect. Section 131(1) amended 1 October 2009 section 97(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 131(1)﻿(aa) inserted 1 October 2009 section 97(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 131(2) amended 20 August 1998 section 31 Resource Management Amendment Act 1997
132: Decisions on review of consent conditions
1: A consent authority may change the conditions of a resource consent (other than any condition as to the duration of the consent) on a review under section 128 that section
1A: Sections 114(4) 116A section 128(3)
2: Sections 106 to 116 sections 120 121 section 128
a: the review were an application for a resource consent; and
b: the consent holder were an applicant for a resource consent.
3: A consent authority may cancel a resource consent if—
a: it reviews the consent under section 128(1)﻿(c)
b: the application for the consent contained inaccuracies that the consent authority considers materially influenced the decision made on the application; and
c: there are significant adverse effects on the environment resulting from the exercise of the consent.
4: A consent authority may also cancel a resource consent if—
a: it reviews the consent under section 128(2)
b: there are significant adverse effects on the environment resulting from the exercise of the consent. Section 132(1) amended 7 July 1993 section 76(1)﻿(a) Resource Management Amendment Act 1993 Section 132(1) amended 7 July 1993 section 76(1)﻿(b) Resource Management Amendment Act 1993 Section 132(1A) inserted 1 October 2011 section 36 Resource Management Amendment Act (No 2) 2011 Section 132(2) amended 1 October 2009 section 98(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 132(3) replaced 1 October 2009 section 98(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 132(4) replaced 1 October 2009 section 98(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
133: Powers under Part 12 not affected
Nothing in sections 127 to 132 Environment Court Part 12 Section 133 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
133A: Minor corrections of resource consents
A consent authority that grants a resource consent may, within 20 Section 133A inserted 10 August 2005 section 73 Resource Management Amendment Act 2005 Section 133A amended 4 September 2013 section 20 Resource Management Amendment Act 2013 Transfer of consents
134: Land use and subdivision consents attach to land
1: Except as provided in subsection (2), a land use consent and a subdivision consent shall attach to the land to which each relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the consent expressly provides otherwise.
2: Subsection (1) does not apply to any land use consent to do something that would otherwise contravene section 13
3: The holder of a land use consent described in subsection (2) may transfer the whole or any part of the holder's interest in the consent to any other person unless the consent expressly provides otherwise.
4: The transfer of the holder's interest in a consent described in subsection (2) has no effect until written notice of the transfer is given to the consent authority that granted the consent.
135: Transferability of coastal permits
1: A holder of a coastal permit—
a: may transfer the whole or any part of the holder's interest in the permit to any other person:
b: may not transfer the whole or any part of the holder's interest in the permit to another site— unless the consent or a rule in a regional coastal plan expressly provides otherwise.
2: The transfer of the holder's interest in a coastal permit under subsection (1) has no effect until written notice of the transfer is given to the consent authority that granted the permit. Section 135(1) replaced 7 July 1993 section 77 Resource Management Amendment Act 1993
136: Transferability of water permits
1: A holder of a water permit granted for damming or diverting water may transfer the whole of the holder's interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site.
2: A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder's interest in the permit—
a: to any owner or occupier of the site in respect of which the permit is granted; or
b: to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer—
i: is expressly allowed by a regional plan; or
ii: has been approved by the consent authority that granted the permit on an application under subsection (4).
2A: A transfer under subsection (1) or subsection (2) may be for a limited period.
3: A transfer under any of subsections (1), (2)﻿(a), and (2)﻿(b)﻿(i) shall have no effect until written notice of the transfer is received by the consent authority that granted the permit.
4: An application under subsection (2)﻿(b)﻿(ii)—
a: shall be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and
b: shall be considered in accordance with sections 39 to 42A, 88 to 115 120 121
i: the application for a transfer were an application for a resource consent; and
ii: the consent holder were an applicant for a resource consent,— except that, and in addition to the matters set out in section 104
5: Where the transfer of the whole or part of the holder's interest in a water permit is notified under subsection (3), or approved under subsection (2)﻿(b)﻿(ii), and is not for a limited period,
a: on the same conditions as the original permit (where subsection (3) applies); or
b: on such conditions as the consent authority determines under subsection (4) (where that subsection applies). Section 136(2A) inserted 10 August 2005 section 74(1) Resource Management Amendment Act 2005 Section 136(4)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 136(5) amended 10 August 2005 section 74(2) Resource Management Amendment Act 2005
137: Transferability of discharge permits
1: The holder of a discharge permit may—
a: transfer part or all of the holder's interest in the permit; and
b: make the transfer for part or all of the remaining period of the permit.
2: The holder may make the transfer if it—
a: is for the site for which the permit is granted; and
b: is to—
i: another owner or occupier of the site for which the permit is granted; or
ii: a local authority.
3: The holder may make the transfer if it is for another site and is to any person, if a regional plan—
a: allows the transfer; or
b: allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.
4: A regional plan may allow a transfer or a consent authority may allow a transfer if—
a: the transfer does not worsen the actual or potential effect of any discharges on the environment; and
b: the transfer does not result in any discharges that contravene a national environmental standard; and
c: if the discharge is to water, both sites are in the same catchment; and
d: if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and
e: if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.
5: An application under subsection (3)﻿(b)—
a: must be in the prescribed form; and
b: must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and
c: must be considered under sections 39 to 42A, 88 to 115 120 121
i: the application for a transfer were an application for a resource consent; and
ii: the holder were an applicant for a resource consent.
6: The transfer has no effect until the consent authority that granted the permit receives written notice of it.
7: When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—
a: the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
b: the interest, or the part of it transferred, is a new permit on the same conditions as the original permit. Section 137 replaced 10 August 2005 section 75 Resource Management Amendment Act 2005 Section 137(5)﻿(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
138: Surrender of consent
1: The holder of a resource consent may surrender the consent, either in whole or part, by giving written notice to the consent authority.
2: A consent authority may refuse to accept the surrender of part of a resource consent where it considers that surrender of that part would—
a: affect the integrity of the consent; or
b: affect the ability of the consent holder to meet other conditions of the consent; or
c: lead to an adverse effect on the environment.
3: A person who surrenders a resource consent remains liable under this Act—
a: for any breach of conditions of the consent which occurred before the surrender of the consent; and
b: to complete any work to give effect to the consent unless the consent authority directs otherwise in its notice of acceptance of the surrender under subsection (4).
4: A surrender of a resource consent takes effect on receipt by the holder of a notice of acceptance of the surrender from the consent authority.
138A: Special provisions relating to coastal permits for dumping and incineration
1: Without limiting section 104 section 15A(1)
a: the nature of any discharge of any contaminant which the dumping or incineration may involve and the sensitivity of the receiving environment to adverse effects and the applicant's reasons for making the proposed choice; and
b: any possible alternative methods of disposal or combustion including any involving discharge into any other receiving environment,— and, without limiting the powers of the consent authority under section 92
2: Without limiting section 108
a: the nature of any discharge of a contaminant and the receiving environment; and
b: other alternatives, including any condition requiring the observance of minimum standards of quality of the receiving environment,— the inclusion of the condition is the most efficient and effective means of preventing or minimising any actual or likely adverse effect on the environment.
3: In respect of a coastal permit to do something that would otherwise contravene section 15A(1) section 129
4: Subject to subsection (5), sections 129 to 133 section 128
5: Before deciding to grant a coastal permit subject to a condition described in subsection (2) and before deciding to change the conditions of a coastal permit pursuant to subsections (3) and (4), the consent authority shall be satisfied, in the particular circumstances, and having regard to—
a: the nature of any discharge of a contaminant and the receiving environment; and
b: the financial implications for the holder of including that condition; and
c: other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment— that including a condition in the permit requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on the environment is the most efficient and effective means of removing or reducing that adverse effect.
6: In every coastal permit to do something that would otherwise contravene section 15A(1) Maritime New Zealand Section 138A inserted 20 August 1998 section 15 Resource Management Amendment Act 1994 Section 138A(6) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Certificates of compliance or existing use Heading replaced 10 August 2005 section 76 Resource Management Amendment Act 2005
139: Consent authorities and Environmental Protection Authority to issue certificates of compliance
1: This section applies if an activity could be done lawfully in a particular location without a resource consent.
2: A person may request the consent authority to issue a certificate of compliance.
3: A certificate states that the activity can be done lawfully in a particular location without a resource consent.
4: The authority may require the person to provide further information if the authority considers that the information is necessary for the purpose of applying subsection (5).
5: The authority must issue the certificate if—
a: the activity can be done lawfully in the particular location without a resource consent; and
b: the person pays the appropriate administrative charge.
6: The authority must issue the certificate within 20 working days of the later of the following:
a: the date on which it received the request:
b: the date on which it received the further information under subsection (4).
7: The certificate issued to the person must—
a: describe the activity and the location; and
b: state that the activity can be done lawfully in the particular location without a resource consent as at the date on which the authority received the request.
8: The authority must not issue a certificate if—
a: the request for a certificate is made after a proposed plan is notified; and
b: the activity could not be done lawfully in the particular location without a resource consent under the proposed plan.
8A: The authority must not issue a certificate if a notice for the activity is in force under section 87BA(1)﻿(c) 87BB(1)﻿(d)
9: Sections 357A , 357AB 357C to 358
10: A certificate is treated as if it were an appropriate resource consent that—
a: contains the conditions specified in an applicable national environmental standard; and
b: contains the conditions specified in an applicable plan.
11: A certificate treated as a resource consent is subject to sections 10 10A 20A(2)
12: A certificate treated as a resource consent is subject to this Act as if it were a resource consent, except that the only sections in this Part that apply to it are sections 120(1) or (2) 121 122 125 134 135 136 137
13: If an activity relates to a matter that is or is part of a proposal of national significance for which a direction has been made under section 142(2) 147(1)﻿(a) or (b)
a: a reference to a consent authority is to be treated as a reference to the EPA; and
b: subsection (5)﻿(b) does not apply; and
c: the EPA may recover its actual and reasonable costs of dealing with the request from the person making the request ; and
d: if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction.
14: In this section, activity Section 139 replaced 1 October 2009 section 99 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 139(8A) inserted 18 October 2017 section 150(1) Resource Legislation Amendment Act 2017 Section 139(9) amended 18 October 2017 section 150(2) Resource Legislation Amendment Act 2017 Section 139(12) amended 18 October 2017 section 150(3) Resource Legislation Amendment Act 2017 Section 139(13)﻿(c) amended 19 April 2017 section 79(1) Resource Legislation Amendment Act 2017 Section 139(13)﻿(d) inserted 19 April 2017 section 79(2) Resource Legislation Amendment Act 2017
139A: Consent authorities to issue existing use certificates
1: A person may request the consent authority to issue a certificate that—
a: describes a use of land in a particular location; and
b: states that the use of the land was a use of land allowed by section 10
c: specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.
2: A person may request the consent authority to issue a certificate that—
a: describes an activity to which section 10A section 20A
b: states that the activity was an activity allowed by section 10A section 20A
c: specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and
d: describes the period for which the activity is allowed under section 10A section 20A
3: The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.
4: The consent authority must issue a certificate under subsection (1) if it—
a: is satisfied that the use of the land is a use of land allowed by section 10
b: receives payment of the appropriate administrative charge.
5: The consent authority must issue a certificate under subsection (2) if it—
a: is satisfied that the activity is an activity allowed by section 10A section 20A
b: receives payment of the appropriate administrative charge.
6: A consent authority that must issue a certificate must do so within 20 working days after the latest of the following dates:
a: the date on which the authority receives the request; and
b: the date on which the authority receives all the information required under subsection (3); and
c: the date on which the authority receives the payment of the appropriate administrative charge.
7: Subsection (8) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.
8: The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.
9: An existing use certificate is treated as an appropriate resource consent. The provisions of this Act apply to the certificate, except for sections 87AA to 119 , 120(1A) and (1B) 123 to 150
10: Sections 357A , 357AB 357C to 358 Section 139A inserted 10 August 2005 section 78 Resource Management Amendment Act 2005 Section 139A(9) amended 18 October 2017 section 151(1) Resource Legislation Amendment Act 2017 Section 139A(10) amended 18 October 2017 section 151(2) Resource Legislation Amendment Act 2017 Decisions on proposals of national significance Heading repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
6AA: Proposals of national significance
Part 6AA inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
140: Outline of this Part
1: This section sets out the general scheme and effect of this Part. This section is by way of explanation only and does not limit or affect the other provisions of this Part or this Act.
2: This Part provides the Minister with specific powers in relation to applications for resource consents, applications for changes to or cancellation of resource consent conditions, local authority plan changes or variations, requests for plan changes, requests for the preparation of regional plans, matters relating to regional policy statements,
3: If exercised by the Minister, these powers set in motion one of 2 procedures by which the application, change, variation, request, or notice ( the matter
4: There are 3 ways in which a matter may come to the Minister for his or her decision on whether to make a direction to refer a matter to a board of inquiry or the Environment Court for decision. If the matter has been lodged with a local authority, the Minister may decide to make a direction on his or her own initiative or in response to a request from the local authority or the applicant. If the matter has been lodged with the Environmental Protection Authority, the Minister may decide to make a direction after receiving a recommendation from the EPA.
5: If the Minister decides not to make a direction to refer a matter to a board of inquiry or the Environment Court for decision, the matter will be processed by the local authority that, in the normal course of the Act, would be responsible for dealing with it. However, the Minister may still intervene in the process, for example, by making a submission on the matter for the Crown, appointing a project co-ordinator to advise the local authority on any thing relating to the matter, or appointing an additional hearings commissioner. Section 140 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 140(2) amended 1 July 2020 section 40 Resource Management Amendment Act 2020
141: Interpretation
In this Part, unless the context requires another meaning,— applicant
a: the person who lodged the application, for a matter that is an application for—
i: a resource consent; or
ii: a change to or cancellation of the conditions of a resource consent:
b: the person making the request, for a matter that is a request for a change to a plan—
i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)﻿(b)
ii: excluding a request that has been adopted by the local authority:
c: the person making the request, for a matter that is a request for the preparation of a regional plan—
i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)﻿(b)
ii: excluding a request that has been adopted by the local authority:
d: the requiring authority that lodged the notice of requirement, for a matter that is a notice of requirement for a designation or to alter a designation:
e: the heritage protection authority that lodged the notice of requirement, for a matter that is a notice of requirement for a heritage order or to alter a heritage order:
f: the local authority, for a matter that is—
i: a change to its plan or policy statement
ii: a request for the preparation of a regional plan that has been adopted by a local authority; or
iii: a variation to its proposed plan or policy statement; or
g: the Minister of the Crown or the territorial authority making the request, for a matter that is a request for a change to a regional policy statement,—
i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)﻿(b)
ii: excluding a request that has been adopted by the local authority local authority
a: the consent authority that would process an application lodged under section 88 or 127 section 88 or 127
b: the territorial authority responsible for the district plan or proposed district plan, for a matter that is a request for a change to a district plan, a change to a district plan, or a variation to a proposed district plan:
c: the regional council responsible for the regional plan or proposed regional plan, for a matter that is a request for the preparation of a regional plan, a request for a change to a regional plan, a change to a regional plan, or a variation to a proposed regional plan:
ca: the regional council responsible for the regional policy statement or proposed policy statement, for a matter relating to a regional policy statement:
d: the territorial authority responsible for dealing with a notice of requirement given under Part 8 matter
a: an application for a resource consent; or
b: an application for a change to or cancellation of the conditions of a resource consent; or
c: a request for the preparation of a regional plan (including a request that has been accepted or adopted in whole or in part by a local authority) or part of such a request
d: a request for a change to a plan (including a request that has been accepted or adopted in whole or in part by a local authority) or part of such a request
e: a change to a plan or part of a change to a plan
f: a variation to a proposed plan or part of a variation to a proposed plan
g: a notice of requirement for a designation; or
h: a notice of requirement for a heritage order; or
i: a notice of requirement to alter a designation or a heritage order; or
j: a request for a change to a regional policy statement (including a request that has been accepted or adopted in whole or in part by a local authority) or part of such a request; or
k: a change to a regional policy statement or part of a change; or
l: a variation to a proposed regional policy statement or part of a variation; or
m: a combination of any 2 or more matters described in paragraphs (c) to (f) and (j) to (l) matter relating to a regional policy statement Section 141 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 141 applicant amended 1 July 2020 section 41(2) Resource Management Amendment Act 2020 Section 141 applicant amended 1 July 2020 section 41(3) Resource Management Amendment Act 2020 Section 141 applicant inserted 1 July 2020 section 41(1) Resource Management Amendment Act 2020 Section 141 local authority inserted 1 July 2020 section 41(4) Resource Management Amendment Act 2020 Section 141 matter amended 19 April 2017 section 80(1) Resource Legislation Amendment Act 2017 Section 141 matter amended 19 April 2017 section 80(2) Resource Legislation Amendment Act 2017 Section 141 matter amended 19 April 2017 section 80(3) Resource Legislation Amendment Act 2017 Section 141 matter amended 19 April 2017 section 80(4) Resource Legislation Amendment Act 2017 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter relating to a regional policy statement inserted 1 July 2020 section 41(6) Resource Management Amendment Act 2020
141A: Minister's power to intervene
Section 141A repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
141B: Minister's power to call in matters that are or are part of proposals of national significance
Section 141B repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
141C: Form and effect of Minister's direction
Section 141C repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
1: Minister may make direction in relation to matter
Subpart 1 inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Matter lodged with local authority Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
142: Minister may call in matter that is or is part of proposal of national significance
1: This section applies if a matter has been lodged with a local authority and—
a: the Minister, at his or her own initiative, decides to apply this section; or
b: the Minister receives a request from an applicant or a local authority to make a direction for the matter under subsection (2).
2: If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making a direction to—
a: refer the matter to a board of inquiry for decision; or
b: refer the matter to the Environment Court for decision.
3: In deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to—
a: any relevant factor, including whether the matter—
i: has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or
ii: involves or is likely to involve significant use of natural and physical resources; or
iii: affects or is likely to affect a structure, feature, place, or area of national significance; or
iiia: gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) and (j) to (m) section 141
iv: affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or
v: results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or
vi: involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or
vii: is or is likely to be significant in terms of section 8
viii: will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or
ix: affects or is likely to affect more than 1 region or district; or
x: relates to a network utility operation that extends or is proposed to extend to more than 1 district or region; and
b: any advice provided by the EPA.
4: In deciding whether to make a direction under subsection (2), the Minister must have regard to—
a: the views of the applicant and the local authority; and
b: the capacity of the local authority to process the matter ; and
c: the recommendations of the EPA.
5: A direction made under subsection (2) must—
a: be in writing and be signed by the Minister; and
b: state the Minister's reasons for making the direction.
6: If a local authority or an applicant requests the Minister to call in a matter (by making a direction under subsection (2)) and the Minister decides not to do so, the EPA must give notice of the Minister's decision to the local authority and the applicant.
6A: When requesting the Minister to call in a matter (by making a direction under subsection (2)), a local authority or an applicant must at the same time serve the other party (the local authority or the applicant, as the case may be) with notice of the request.
7: To avoid doubt, the Minister may make a direction under subsection (2) that differs from the direction recommended by the EPA under section 144A
8: The Minister must not make a direction under subsection (2)﻿(b) if section 149C(2)﻿(a) or (b) or regional policy statement Section 142 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 142(3) replaced 1 July 2011 section 10(1) Resource Management Amendment Act 2011 Section 142(3)﻿(a)﻿(iiia) inserted 19 April 2017 section 81 Resource Legislation Amendment Act 2017 Section 142(3)﻿(a)﻿(iiia) amended 1 July 2020 section 42(1) Resource Management Amendment Act 2020 Section 142(4)﻿(b) amended 1 July 2011 section 10(2) Resource Management Amendment Act 2011 Section 142(4)﻿(c) inserted 1 July 2011 section 10(2) Resource Management Amendment Act 2011 Section 142(6A) inserted 4 September 2013 section 21(1) Resource Management Amendment Act 2013 Section 142(7) inserted 1 July 2011 section 10(3) Resource Management Amendment Act 2011 Section 142(8) inserted 4 September 2013 section 21(2) Resource Management Amendment Act 2013 Section 142(8) amended 1 July 2020 section 42(2) Resource Management Amendment Act 2020
143: Restriction on when local authority may request call in
A local authority (whether acting as an applicant or a local authority) may not make a request to the Minister in respect of either of the following matters unless it has complied with the consultation provisions in clauses 2 3 4 , and with clause 5(1)﻿(a)
a: a change to a plan or regional policy statement clause 2
b: a variation to a proposed plan or regional policy statement Section 143 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 143 amended 3 December 2013 section 79 Resource Management Amendment Act 2013 Section 143(a) amended 1 July 2020 section 43 Resource Management Amendment Act 2020 Section 143(b) amended 1 July 2020 section 43 Resource Management Amendment Act 2020
144: Restriction on when Minister may call in matter
The Minister must not call in a matter (by making a direction under section 142(2)
a: later than 5 working days before the date fixed for the commencement of the hearing, if the local authority has notified the matter; or
b: after the local authority gives notice of its decision or recommendation on the matter, if the local authority has decided not to notify the matter. Section 144 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 144(a) replaced 19 April 2017 section 82 Resource Legislation Amendment Act 2017
144A: EPA to advise and make recommendations to Minister in relation to call-in
1: The Minister may request the EPA to advise him or her on whether a matter is, or is part of, a proposal of national significance.
2: Section 142(3)﻿(a)
3: The EPA must provide advice under subsection (1) no later than 20 working days after receiving the Minister's request.
4: The EPA's advice must include its recommendation that the Minister—
a: call the matter in and make a direction to refer it to a board of inquiry for a decision; or
b: call the matter in and make a direction to refer it to the Environment Court for a decision; or
c: not call the matter in.
5: The EPA must serve a copy of its recommendation on the applicant and the local authority.
6: The 20-working-day time frame specified in subsection (3) applies subject to section 149(5) and (6) Section 144A inserted 1 July 2011 section 11 Resource Management Amendment Act 2011 Matter lodged with EPA Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
145: Matter lodged with EPA
1: A person may lodge 1 or more of the following matters with the EPA:
a: an application for a resource consent:
b: a request for the preparation of a regional plan (other than a regional coastal plan):
c: a request for a change to a plan.
1A: A person must not lodge with the EPA a plan change request made under subpart 4
2: The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA.
3: A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA.
4: A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA.
5: If the matter is an application for a resource consent, section 88
a: every reference in that section to a consent authority must be read as a reference to the EPA; and
b: the applicant has no right of objection under section 88(5)
6: If the matter is an application for a change to or cancellation of the conditions of a resource consent,—
a: section 127(1)
b: section 88
i: the application must be treated as if it were an application for a resource consent for a discretionary activity; and
ii: every reference in that section to a consent authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and
iii: the applicant has no right of objection under section 88(5)
7: If the matter is a notice of requirement for a designation or to alter a designation, section 168
8: If the matter is a notice of requirement for a heritage order or to alter a heritage order, section 189
9: If the matter is a request for a change to a plan or the preparation of a regional plan, clause 22
9A: If the matter is a concurrent application lodged with a plan change request made under subpart 4 section 107F(3)
10: A person who lodges a matter with the EPA under subsections (1) to (4) must serve the local authority with notice of the matter and of its lodging with the EPA under this section.
11: A matter may not be lodged with the EPA under this section if—
a: the same matter has been lodged with a local authority; and
b: the applicant or the local authority has requested that the Minister call in the matter. Section 145 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 145(1A) inserted 1 October 2011 section 37(1) Resource Management Amendment Act (No 2) 2011 Section 145(9A) inserted 1 October 2011 section 37(2) Resource Management Amendment Act (No 2) 2011
146: EPA to recommend course of action to Minister
1: No later than 20 working days after receiving a matter lodged under section 145 section 147(1)﻿(a), (b), or (c)
2: The EPA may also recommend to the Minister that he or she exercise 1 or more of the following powers:
a: if the EPA recommends that the Minister make a direction under section 147(1)﻿(a) or (b)
i: to make a submission on the matter for the Crown:
ii: to extend the 9-month period by which any board of inquiry appointed to determine the matter must report under section 149R(1)
b: if the EPA recommends that the Minister make a direction under section 147(1)﻿(c)
i: to make a submission on the matter for the Crown:
ii: to appoint a project co-ordinator for the matter to advise the local authority:
iii: if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters:
iv: if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.
3: The EPA must serve a copy of its recommendation on the applicant and the local authority.
4: The 20-working day time frame specified in subsection (1) applies subject to section 149(5) and (6)
5: This section applies to plan change requests and concurrent applications made under subpart 4
a: the 20 working days referred to in subsection (1) begins on the later of the following days:
i: the day on which the EPA determines that, for the purposes of section 88(3)
ii: the day on which the EPA receives all the information and reports required under section 149:
b: any recommendation made by the EPA under this section must relate to both the plan change request and its concurrent application.
6: The EPA must not recommend to the Minister that he or she make a direction under section 147(1)﻿(b) section 149C(2)﻿(a) or (b) Section 146 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 146(5) inserted 1 October 2011 section 38 Resource Management Amendment Act (No 2) 2011 Section 146(6) inserted 4 September 2013 section 22 Resource Management Amendment Act 2013
147: Minister makes direction after EPA recommendation
1: After the Minister receives a recommendation from the EPA under section 146
a: refer the matter to a board of inquiry for decision; or
b: refer the matter to the Environment Court for decision; or
c: refer the matter to the local authority.
2: The Minister may make a direction under subsection (1)﻿(a) or (b) only if he or she considers that the matter is or is part of a proposal of national significance.
3: The Minister must apply section 142(3)
4: In deciding on making a direction under subsection (1), the Minister must have regard to—
a: the views of the applicant and the local authority; and
b: the capacity of the local authority to process the matter; and
c: the recommendations of the EPA.
5: A direction made under subsection (1) must—
a: be in writing and be signed by the Minister; and
b: state the Minister's reasons for making the direction.
6: To avoid doubt, the Minister may make a direction under subsection (1) that differs from the direction recommended by the EPA under section 146(1)
7: For the purposes of a plan change request made, and a concurrent application lodged, under subpart 4
8: The Minister must not make a direction under subsection (1)﻿(b) if section 149C(2)﻿(a) or (b) Section 147 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 147(7) inserted 1 October 2011 section 39 Resource Management Amendment Act (No 2) 2011 Section 147(8) inserted 4 September 2013 section 23 Resource Management Amendment Act 2013 General provisions for matter lodged with local authority or EPA Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
148: Proposals relating to coastal marine area
1: If a proposal of national significance relates wholly to the coastal marine area, this Part applies with the following modifications:
a: references to the Minister must be read as references to the Minister of Conservation; and
b: sections 149Q(3)﻿(e) and (f) 149R(4)﻿(e) and (f) the Minister of Conservation
2: If a proposal of national significance relates partly to the coastal marine area, this Part applies with the following modifications:
a: references to the Minister must be read as references to the Minister and the Minister of Conservation; and
b: sections 149Q(3)﻿(e) and (f) 149R(4)﻿(e) and (f) the Minister and the Minister of Conservation Section 148 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149: EPA may request further information or commission report
1: Subsection (2) applies to a matter if—
a: the matter has been lodged with the EPA under section 145
b: a request relating to the matter has been made by a local authority or an applicant for a direction under section 142(1)﻿(b)
c: the Minister decides, at his or her own initiative, to apply section 142
2: The EPA may,—
a: by written notice, request an applicant to provide further information relating to the matter:
b: require an EPA employee, or commission any person, to prepare a report on any issue relating to a matter (including in relation to information contained in the matter or provided under paragraph (a)).
3: An applicant who receives a request under subsection (2)﻿(a) must, within 15 working days after the date of the request, do one of the following things:
a: provide the information; or
b: tell the EPA by written notice that the applicant agrees to provide the information; or
c: tell the EPA by written notice that the applicant refuses to provide the information.
4: If the EPA receives a notice under subsection (3)﻿(b), the EPA must—
a: set a reasonable time within which the applicant must provide the information; and
b: tell the applicant by written notice the date by which the applicant must provide the information.
5: If the EPA requests further information under subsection (2)﻿(a) before making its recommendation to the Minister on a matter under section 144A 146 section 144A(3) or 146(1)
a: if the information is provided in accordance with this section, the day after the day on which the EPA receives the information; or
b: if the EPA receives a notice of refusal under subsection (3)﻿(c), the day after the day on which the EPA receives the notice; or
c: in any other case, the day after the day on which the deadline for providing the information expires.
6: If the EPA requires a report under subsection (2)﻿(b) before making its recommendation to the Minister on a matter under section 144A 146 section 144A(3) or 146(1)
7: The EPA must make its recommendation even if the applicant—
a: does not provide the information before the deadline; or
b: refuses to provide the information. Section 149 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149(1) replaced 4 September 2013 section 24 Resource Management Amendment Act 2013 Section 149(5) amended 1 July 2011 section 12(1)﻿(a) Resource Management Amendment Act 2011 Section 149(5) amended 1 July 2011 section 12(1)﻿(b) Resource Management Amendment Act 2011 Section 149(6) amended 1 July 2011 section 12(2)﻿(a) Resource Management Amendment Act 2011 Section 149(6) amended 1 July 2011 section 12(2)﻿(b) Resource Management Amendment Act 2011 How matter processed if direction made to refer matter to board of inquiry or court Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149A: EPA must serve Minister's direction on local authority and applicant
As soon as practicable after the Minister makes a direction under section 142(2) 147(1)﻿(a) or (b)
a: the local authority; and
b: the applicant. Section 149A replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149B: Local authority's obligations if matter called in
1: Subsection (2) applies to a local authority if—
a: the Minister calls in a matter by making a direction under section 142(2)
b: the local authority has been served with the direction under section 149A
2: The local authority must, without delay, provide the EPA with—
a: the matter; and
b: all information received by the local authority that relates to the matter; and
c: if applicable, the submissions received by the local authority on the matter. Section 149B replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149C: EPA must give public notice of Minister's direction
1: The EPA must give public notice of a direction the Minister makes under section 142(2) 147(1)﻿(a) or (b)
2: Subsection (1) does not apply if—
a: the matter is a request for the preparation of a regional plan, a request for a change to a plan, or a request for a change to a regional policy statement, clause 21
i: has not yet made a decision on the request under clause 25
ii: has made a decision to accept the request, but has not yet prepared the proposed plan or change under clause 26(a)
iii: has made a decision to adopt the request, but has not yet notified the proposed plan or change under clause 5
b: the matter is a request for the preparation of a regional plan, or a request for a change to a plan, lodged with the EPA under section 145
c: the Minister instructs that the giving of public notice be delayed under section 149D
d: the Minister decides under section 149ZC ; or
e: the matter is a concurrent application made under subpart 4
3: A notice under subsection (1) must—
a: state the Minister's reasons for making the direction; and
b: describe the matter to which the direction applies; and
c: state where the matter, its accompanying information, and any further information may be viewed; and
d: state that any person may make submissions on the matter to the EPA; and
e: state the closing date for the receipt of submissions; and
ea: specify an electronic address for sending submissions; and
f: state the address for service of the EPA and the applicant (or each applicant if more than 1).
4: When the EPA gives public notice under subsection (1), it must also serve a copy of the notice on—
a: each owner and occupier (other than an applicant) of any land to which the matter relates; and
b: each owner and occupier of any land adjoining any land to which the matter relates; and
c: if applicable, every person who has made a submission on the matter to the local authority. Section 149C inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149C(2)﻿(a) amended 1 July 2020 section 44 Resource Management Amendment Act 2020 Section 149C(2)﻿(d) amended 1 October 2011 section 40(1) Resource Management Amendment Act (No 2) 2011 Section 149C(2)﻿(e) inserted 1 October 2011 section 40(2) Resource Management Amendment Act (No 2) 2011 Section 149C(3)﻿(ea) inserted 19 April 2017 section 83 Resource Legislation Amendment Act 2017
149D: Minister may instruct EPA to delay giving public notice pending application for additional consents
1: The Minister may instruct the EPA to delay giving public notice of a direction under section 149C
2: Subsection (1) applies if the Minister considers, on reasonable grounds, that—
a: resource consents, or other resource consents, will also be required in respect of the proposal to which the matter relates; and
b: the nature of the proposal will be better understood if applications for the resource consents, or other resource consents, are lodged before proceeding further with the matter.
3: The EPA must, without delay, give notice to the local authority and the applicant of the instruction under subsection (1).
4: The Minister may, at any time, rescind an instruction given under subsection (1) and instruct the EPA to give public notice of the direction concerned under section 149C Section 149D inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149E: EPA to receive submissions on matter if public notice of direction has been given
1: Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter for which—
a: the Minister has made a direction under section 142(2) 147(1)﻿(a) or (b)
b: public notice has been given under section 149C
2: Subsection (1) applies—
a: whether or not the person has already made a submission to the local authority on the matter; but
b: subject to subsections (5) to (8).
3: A submission must be—
a: in the prescribed form; and
b: served—
i: on the EPA, within the time allowed under subsection (9); and
ii: on the applicant, as soon as practicable after service on the EPA.
3A: If a person who makes an electronic submission on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)﻿(b)
3B: If subsection (3A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)﻿(b)
4: A submission must state whether it supports the matter, it opposes the matter, or it is neutral.
5: If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect—
a: adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition.
6: However, subsection (5) does not apply if the matter is a notice of requirement for a heritage order (or to alter a heritage order), a request for the preparation of a regional plan, a request for a change to a plan, a change to a plan, a variation to a proposed plan, a request for a change to a regional policy statement, a change to a regional policy statement, or a variation to a proposed regional policy statement.
7: If the matter is a change to a plan proposed by a local authority under clause 2 a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement,
a: must not make a submission if the person could gain an advantage in trade competition through the submission; and
b: may make a submission only if directly affected by an effect of the change or variation that—
i: adversely affects the environment; and
ii: does not relate to trade competition or the effects of trade competition.
8: If the matter is a request for the preparation of a regional plan, a request for a change to a plan or a regional policy statement,
a: adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition.
9: The closing date for making a submission is 30 working days
10: Any submissions on the matter received by the local authority before the matter is called in (by a direction being made under section 142(2) Section 149E inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149E(3A) inserted 19 April 2017 section 84(1) Resource Legislation Amendment Act 2017 Section 149E(3B) inserted 19 April 2017 section 84(1) Resource Legislation Amendment Act 2017 Section 149E(6) replaced 1 July 2020 section 45(1) Resource Management Amendment Act 2020 Section 149E(7) amended 1 July 2020 section 45(2) Resource Management Amendment Act 2020 Section 149E(8) amended 1 July 2020 section 45(3) Resource Management Amendment Act 2020 Section 149E(9) amended 19 April 2017 section 84(2) Resource Legislation Amendment Act 2017
149F: EPA to receive further submissions if matter is request, change, or variation
1: Subsection (2) applies if the matter for which the Minister makes a direction under section 142(2) 147(1)﻿(a) or (b) a variation to a proposed plan, or a matter relating to a regional policy statement
2: The EPA must produce a summary of all the submissions on the matter received under section 149E
a: the availability of a summary of submissions on the matter; and
b: where the summary and the submissions can be inspected; and
c: the fact that no later than 10 working days after the day on which this public notice is given, the persons described in subsection (3) may make a further submission on the matter; and
d: the date of the last day for making further submissions (as calculated under paragraph (c)); and
da: an electronic address for sending further submissions; and
e: the address for service of the EPA.
3: The following persons may make a further submission on the matter:
a: any person representing a relevant aspect of the public interest; and
b: any person that has an interest in the matter
c: the local authority.
4: However, a further submission—
a: may only be in support of or in opposition to a submission made on a matter under section 149E
b: may not be made on a concurrent application made under subpart 4
5: A further submission must be in the prescribed form.
5A: If a person who makes a further electronic submission on a matter to which the further submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)﻿(b)
5B: If subsection (5A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)﻿(b)
6: A person who makes a further submission under subsection (3) must serve a copy of it on—
a: the applicant; and
b: the person who made the submission under section 149E
7: The further submission must be served no later than 5 working days after the day on which the person provides the EPA with the further submission.
8: In subsection (1), request for a change to a plan subpart 4 Section 149F inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149F(1) amended 1 July 2020 section 46(1) Resource Management Amendment Act 2020 Section 149F(2)﻿(da) inserted 19 April 2017 section 85(1) Resource Legislation Amendment Act 2017 Section 149F(3)﻿(b) amended 1 July 2020 section 46(2) Resource Management Amendment Act 2020 Section 149F(4) replaced 1 October 2011 section 41(1) Resource Management Amendment Act (No 2) 2011 Section 149F(5A) inserted 19 April 2017 section 85(2) Resource Legislation Amendment Act 2017 Section 149F(5B) inserted 19 April 2017 section 85(2) Resource Legislation Amendment Act 2017 Section 149F(8) inserted 1 October 2011 section 41(2) Resource Management Amendment Act (No 2) 2011
149G: EPA must provide board or court with necessary information
1: This section applies if a matter is referred to a board of inquiry or the Environment Court under this Part.
2: The EPA must provide the board of inquiry or Environment Court, as the case may be, with each of the following things as soon as is reasonably practicable after receiving it:
a: the matter:
b: all the information received by the EPA that relates to the matter:
c: the submissions received by the EPA on the matter.
3: The EPA must also commission the local authority to prepare a report on the key issues in relation to the matter that includes—
a: any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a national planning standard,
b: a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and
c: if applicable, the activity status of all proposed activities in relation to the matter.
4: The EPA must provide a copy of the report to—
a: the board of inquiry or the Environment Court, as the case may be; and
b: the applicant; and
c: every person who made a submission on the matter. Section 149G inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149G(3)﻿(a) amended 19 April 2017 section 86 Resource Legislation Amendment Act 2017
149H: Local authority may not notify further change or variation in certain circumstances
If the Minister makes a direction under section 142(2) 147(1)﻿(a) or (b)
a: a matter that is a change to a plan; or
b: a matter that is a variation to a proposed plan; or
c: a matter that is a request for the preparation of a regional plan or a request for a change to a plan (including a request that has been accepted or adopted by the local authority or accepted by a board of inquiry); or
d: a matter relating to a regional policy statement. Section 149H inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149H(d) inserted 1 July 2020 section 47 Resource Management Amendment Act 2020
149I: Limitation on withdrawal of change or variation
1: A local authority may withdraw a change that was notified under clause 5 a variation to a proposed plan, or matter relating to a regional policy statement section 142(2) section 149F
2: An applicant may withdraw the applicant's request for a proposed regional plan, a request for a change to a plan, or a matter relating to a regional policy statement section 142(2) 147(1)﻿(a) or (b) section 149F
3: If the applicant withdraws a request for a change to the plan that is a plan change request made under subpart 4 Section 149I inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149I(1) amended 1 July 2020 section 48(1) Resource Management Amendment Act 2020 Section 149I(2) amended 1 July 2020 section 48(2) Resource Management Amendment Act 2020 Section 149I(3) inserted 1 October 2011 section 42 Resource Management Amendment Act (No 2) 2011
2: How matter decided if direction made to refer matter to board of inquiry or court
Subpart 2 inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Matter decided by board of inquiry Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149J: Minister to appoint board of inquiry
1: This section applies if the Minister makes a direction under section 142(2)﻿(a) 147(1)﻿(a)
2: As soon as practicable after making the direction, the Minister must appoint a board of inquiry to decide the matter and to complete the performance or exercise of its functions, duties, and powers in relation to the matter (including any appeals in relation to the matter that are filed in any court)
3: The Minister must appoint—
a: no fewer than 3, but no more than 5, members; and
b: 1 member as the chairperson, who may (but need not) be
3A: The Minister may, if he or she considers it appropriate,—
a: invite the EPA to nominate persons to be members of the board:
b: appoint a member of the EPA board to be a member of the board of inquiry.
3B: The Minister may, as he or she sees fit, set terms of reference about administrative matters relating to the inquiry.
4: A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. Section 149J inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149J(2) amended 4 September 2013 section 25 Resource Management Amendment Act 2013 Section 149J(3)﻿(b) amended 19 April 2017 section 87(1) Resource Legislation Amendment Act 2017 Section 149J(3A) inserted 19 April 2017 section 87(2) Resource Legislation Amendment Act 2017 Section 149J(3B) inserted 19 April 2017 section 87(2) Resource Legislation Amendment Act 2017
149K: How members appointed
1: The Minister must comply with this section when appointing a board of inquiry under section 149J
2: The Minister must seek suggestions for members of the board from the local authority.
3: However, the Minister may appoint a person as a member of the board whether or not he or she receives a suggestion for the person under subsection (2).
4: In appointing members, the Minister must consider the need for the board to have available to it, from its members,—
a: knowledge, skill, and experience relating to—
i: this Act; and
ii: the matter or type of matter that the board will be considering; and
iii: tikanga Māori; and
iv: the local community; and
v: the exercise of control over the manner of examining and cross-examining witnesses; and
b: legal expertise; and
c: technical expertise in relation to the matter or type of matter that the board will be considering. Section 149K inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149K(4) replaced 19 April 2017 section 88 Resource Legislation Amendment Act 2017
149KA: EPA may make administrative decisions
1: The EPA may—
a: make decisions regarding administrative and support matters that are incidental or ancillary to the conduct of an inquiry under this Part; or
b: allow the board of inquiry to make those decisions.
2: The EPA must have regard to the purposes of minimising costs and avoiding unnecessary delay when exercising its powers or performing its functions under subsection (1)﻿(a) or (b). Section 149KA inserted 19 April 2017 section 89 Resource Legislation Amendment Act 2017
149L: Conduct of inquiry
1: A board of inquiry appointed to determine a matter under section 149J sections 92 to 92B 99 to 100
a: the matter were an application for a resource consent; and
b: every reference in those sections to an application or an application for a resource consent were a reference to the matter.
2: If a hearing is to be held, the EPA must—
a: fix a place for the hearing, which must be near to the area to which the matter relates; and
b: fix the commencement date and time for the hearing; and
c: give not less than 10 working days’ notice of the matters stated in paragraphs (a) and (b) to—
i: the applicant; and
ii: every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard.
3: The EPA may provide a board of inquiry with an estimate of the amount of funding required to process a nationally significant proposal.
4: A board of inquiry—
a: must conduct its inquiry in accordance with any terms of reference set by the Minister under section 149J(3B)
b: must carry out its duties in a timely and cost-effective manner:
c: may direct that briefs of evidence be provided in electronic form:
d: must keep a full record of all hearings and proceedings:
e: may allow a party to question any other party or witness:
f: may permit cross-examination:
g: may, without limiting sections 39 40 to 41D 99 99A
i: direct that a conference of a group of experts be held:
ii: direct that a conference be held with—
A: any of the submitters who wish to be heard at the hearing; or
B: the applicant; or
C: any relevant local authority; or
D: any combination of such persons:
h: must, in relation to a nationally significant proposal, have regard to the most recent estimate provided to the board of inquiry by the EPA under subsection (3).
5: A board of inquiry may obtain planning advice from the EPA in relation to—
a: the relevant district and regional plans, regional and national policy statements, a national planning standard, national environmental standards, and other similar documents:
b: the issues raised by the matter being considered by the board. Section 149L inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149L(2) replaced 19 April 2017 section 90 Resource Legislation Amendment Act 2017 Section 149L(3) replaced 19 April 2017 section 90 Resource Legislation Amendment Act 2017 Section 149L(4) replaced 19 April 2017 section 90 Resource Legislation Amendment Act 2017 Section 149L(5) inserted 19 April 2017 section 90 Resource Legislation Amendment Act 2017
149M: Process if matter is request for regional plan or change and particular circumstances apply
1: This section applies if the matter before a board of inquiry is a request for the preparation of a regional plan, or a request for a change to a plan or a regional policy statement
a: the request is lodged with the EPA under section 145
b: the request is lodged with the local authority under clause 21 section 142(2) clause 25
2: The board may only—
a: accept the request entirely under clause 25(2)﻿(b)
b: reject the request entirely under clause 25(4)
3: To make a decision under subsection (2), the board—
a: has all the powers of a local authority under clauses 23 24
b: must consult the local authority on its views before making its decision.
4: If the board accepts the request,—
a: the board must serve notice of its decision on the applicant and the local authority; and
b: the local authority must prepare the proposed plan or change in accordance with section 149N
c: the EPA must do anything required of it by sections 149F 149O
d: the board must—
i: conduct an inquiry on the proposed plan or change in accordance with sections 149L 149P(1)
ii: apply section 149P(6) or (7)
iii: produce a draft report on the proposed plan or change under section 149Q
iv: produce a final report on the proposed plan or change under section 149R
4A: For the purposes of subsection (4)﻿(c), in the case of a plan change request made under subpart 4
a: must be included in the public notice and invitation to make submissions; but
b: must not be included in the invitation to make further submissions.
5: If the board rejects the request, the board must serve notice of its decision on the applicant and the local authority. Section 149M inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149M(1) amended 1 July 2020 section 49 Resource Management Amendment Act 2020 Section 149M(4)﻿(c) replaced 4 September 2013 section 27 Resource Management Amendment Act 2013 Section 149M(4A) inserted 1 October 2011 section 43 Resource Management Amendment Act (No 2) 2011
149N: Process if section 149M applies or proposed plan or change not yet prepared
1: Subsections (2) to (4) apply if—
a: a board of inquiry has accepted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement section 149M
b: a local authority has accepted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement clause 25(2)﻿(b) section 142(2) clause 26(a)
2: The local authority must prepare the proposed plan or change in consultation with the applicant as if clause 26(a)
3: The local authority must then serve a copy of the proposed plan or change on the EPA,—
a: if the circumstances in subsection (1)﻿(a) apply, no later than 4 months after the local authority was served with notice of the board's decision under section 149M(4)
b: if the circumstances in subsection (1)﻿(b) apply, no later than 4 months after the local authority was served with the Minister's direction under section 149A
4: The local authority must also give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8)﻿(b) section 149O
5: Subsections (6) to (8) apply if a local authority has adopted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement, clause 25(2)﻿(a) section 142(2) clause 5
6: The local authority must, no later than 4 months after the local authority was served with the Minister's direction under section 149A
a: serve a copy of the proposed plan or change on the EPA; and
b: give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8) on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O
7: A rule in a proposed plan or change served on the EPA under subsection (6) has legal effect only once a decision is made by the board of inquiry or court.
8: However, a rule has legal effect on and from the date on which the EPA gives public notice of—
a: the proposed plan or change under section 149O
i: protects or relates to water, air, or soil (for soil conservation); or
ii: protects areas of significant indigenous vegetation; or
iii: protects areas of significant habitats of indigenous fauna; or
iv: protects historic heritage:
b: the proposed plan under section 149O
9: Section 149N inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149N(1)﻿(a) amended 1 July 2020 section 50(1) Resource Management Amendment Act 2020 Section 149N(1)﻿(b) amended 1 July 2020 section 50(1) Resource Management Amendment Act 2020 Section 149N(4) amended 1 October 2011 section 45(1) Resource Management Amendment Act (No 2) 2011 Section 149N(5) amended 1 July 2020 section 50(2) Resource Management Amendment Act 2020 Section 149N(8) replaced 1 October 2011 section 45(2) Resource Management Amendment Act (No 2) 2011 Section 149N(9) repealed 1 October 2011 section 45(2) Resource Management Amendment Act (No 2) 2011
149O: Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
1: This section applies where the EPA receives a proposed plan or change to a plan or regional policy statement section 149N
2: On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change that—
a: states the Minister's reasons for making a direction in relation to the matter; and
b: states where the proposed plan or change, accompanying information, and any further information may be viewed; and
c: specifies any rule in the proposed plan or change that has legal effect on and from the date that public notice of the proposed plan or change is given under this section; and
d: states that any person may make submissions to the EPA on the proposed plan or change; and
e: specifies the closing date for receiving submissions; and
f: specifies an electronic address for sending submissions; and
g: specifies the address for service of the EPA and the applicant.
3: Any person may make a submission on—
a: a proposed plan or change for which public notice is given under subsection (2), and, for that purpose, section 149E(3), (4), and (8)
b: a concurrent application for which public notice is given under subsection (2), and, for that purpose, section 149E(5)
4: However, the closing date for making a submission under subsection (3) is 30 working days
4A: If a person who makes an electronic submission under subsection (3) on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)﻿(b)
4B: If subsection (4A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)﻿(b)
5: On receiving a copy of the proposed plan or change, the EPA must also provide the board of inquiry with a copy of the proposed plan or change.
6: When the EPA gives public notice under subsection (2), it must also serve a copy of the notice on—
a: each owner and occupier (other than an applicant) of any land to which the matter relates; and
b: each owner and occupier of any land adjoining any land to which the matter relates. Section 149O inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149O(1) amended 1 July 2020 section 51 Resource Management Amendment Act 2020 Section 149O(2) replaced 19 April 2017 section 91(1) Resource Legislation Amendment Act 2017 Section 149O(3) replaced 1 October 2011 section 46 Resource Management Amendment Act (No 2) 2011 Section 149O(4) amended 19 April 2017 section 91(2) Resource Legislation Amendment Act 2017 Section 149O(4A) inserted 19 April 2017 section 91(3) Resource Legislation Amendment Act 2017 Section 149O(4B) inserted 19 April 2017 section 91(3) Resource Legislation Amendment Act 2017
149P: Consideration of matter by board
1: A board of inquiry considering a matter must—
a: have regard to the Minister's reasons for making a direction in relation to the matter; and
b: consider any information provided to it by the EPA under section 149G
c: act in accordance with subsection (2), (3), (4), (5), (6), (7), (8), or (9)
2: A board of inquiry considering a matter that is an application for a resource consent must apply sections 104 to 104D 105 to 112 138A
3: A board of inquiry considering a matter that is an application for a change to or cancellation of the conditions of a resource consent must apply sections 104 to 104D 105 to 112
a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and
b: every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.
4: A board of inquiry considering a matter that is a notice of requirement for a designation or to alter a designation—
a: must have regard to the matters set out in section 171(1) section 171(1A)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the board thinks fit; and
c: may waive the requirement for an outline plan to be submitted under section 176A
4A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the board of inquiry may not impose a condition under subsection (4)﻿(b)﻿(iii) requiring a financial contribution (as defined in section 108(9)
5: A board of inquiry considering a matter that is a notice of requirement for a heritage order or to alter a heritage order—
a: must have regard to the matters set out in section 191(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the board thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).
6: A board of inquiry considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan—
a: must apply clause 10(1) to (3)
b: may exercise the powers under section 293
c: must apply sections 66 to 70 77A to 77D ; and
d: must apply section 165H
7: A board of inquiry considering a matter that is a change to a district plan or a variation to a proposed district plan—
a: must apply clause 10(1) to (3)
b: may exercise the powers under section 293
c: must apply sections 74 to 77D
8: A board of inquiry considering a plan change request and its concurrent application made under subpart 4
a: firstly, determine matters in relation to the plan change request; and
b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.
9: For the purposes of subsection (8)﻿(b), a board of inquiry must process, consider, and determine the concurrent application as if it were a regional council acting under section 165ZW
9A: A board of inquiry considering a matter relating to a regional policy statement—
a: must apply clause 10(1) to (3)
b: may exercise the powers under section 293
c: must apply sections 61 62
10: A board of inquiry must decline a concurrent application if, as a result of the board's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity. Section 149P inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149P(1)﻿(c) amended 1 October 2011 section 47(1) Resource Management Amendment Act (No 2) 2011 Section 149P(2) amended 1 July 2020 section 52(1) Resource Management Amendment Act 2020 Section 149P(3) amended 1 July 2020 section 52(2) Resource Management Amendment Act 2020 Section 149P(4A) inserted 1 July 2020 section 52(3) Resource Management Amendment Act 2020 Section 149P(6)﻿(c) amended 1 July 2020 section 52(4) Resource Management Amendment Act 2020 Section 149P(6)﻿(c) amended 4 September 2013 section 28(1) Resource Management Amendment Act 2013 Section 149P(6)﻿(d) inserted 4 September 2013 section 28(2) Resource Management Amendment Act 2013 Section 149P(8) inserted 1 October 2011 section 47(2) Resource Management Amendment Act (No 2) 2011 Section 149P(9) inserted 1 October 2011 section 47(2) Resource Management Amendment Act (No 2) 2011 Section 149P(9A) inserted 1 July 2020 section 52(5) Resource Management Amendment Act 2020 Section 149P(10) inserted 1 October 2011 section 47(2) Resource Management Amendment Act (No 2) 2011
149Q: Board to produce draft report
Section 149Q repealed 19 April 2017 section 92 Resource Legislation Amendment Act 2017
149R: Board to produce
1: As soon as practicable after the board of inquiry has completed its inquiry on a matter, it must—
a: make its decision; and
b: produce a written report.
2: The board must perform the duties in subsection (1)
a: the day on which the EPA gave public notice under section 149C section 142(2) 147(1)﻿(a)
b: the day on which the EPA gave public notice under section 149O to a plan or regional policy statement
c: the day on which the EPA gave limited notification under section 149ZC(4)
2A: For the purposes of subsection (2), the 9-month period excludes—
a: the period starting on 20 December in any year and ending with 10 January in the following year:
b: any time while an inquiry is suspended under section 149ZG(3)
2B:
3: The report—
a: must state the board's decision; and
b: must give reasons for the decision; and
c: must include a statement of the principal issues that were in contention; and
d: must include the main findings on the principal issues that were in contention; and
e: may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement or to a national planning standard
f: may recommend that a national policy statement, a New Zealand coastal policy statement, a national planning standard,
4: The EPA must provide
a: the applicant; and
b: the local authority; and
c: any other relevant local authorities; and
d: the persons who made submissions on the matter; and
e: the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and
f: the Minister; and
g: if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the decision.
5: The EPA must publish the board's report and give public notice of where and how copies of it can be obtained.
6: Nothing in section 37(1)
7: The EPA's functions under this section are in addition to the EPA's functions under section 114(7)﻿(a)
8: For the purposes of subsection (4)﻿(d), the EPA is to be taken to have provided a copy of the final report to a submitter if—
a: the EPA has published the final report on an Internet site maintained by the EPA to which the public has free access; and
b: the submitter has specified an electronic address as an address for service (and has not requested that the final report be provided in hard copy form); and
c: the EPA has sent the submitter at that electronic address a link to the final report published on the Internet site referred to in paragraph (a). Section 149R inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149R heading amended 19 April 2017 section 93(1) Resource Legislation Amendment Act 2017 Section 149R(1) replaced 19 April 2017 section 93(2) Resource Legislation Amendment Act 2017 Section 149R(2) amended 19 April 2017 section 93(3) Resource Legislation Amendment Act 2017 Section 149R(2)﻿(b) amended 1 July 2020 section 53 Resource Management Amendment Act 2020 Section 149R(2A) replaced 19 April 2017 section 93(4) Resource Legislation Amendment Act 2017 Section 149R(2B) repealed 19 April 2017 section 93(4) Resource Legislation Amendment Act 2017 Section 149R(3)﻿(e) amended 19 April 2017 section 93(5) Resource Legislation Amendment Act 2017 Section 149R(3)﻿(f) amended 19 April 2017 section 93(6) Resource Legislation Amendment Act 2017 Section 149R(4) amended 19 April 2017 section 93(7) Resource Legislation Amendment Act 2017 Section 149R(7) inserted 1 October 2011 section 44 Resource Management Amendment Act (No 2) 2011 Section 149R(8) inserted 19 April 2017 section 93(8) Resource Legislation Amendment Act 2017
149RA: Minor corrections of board decisions, etc
1: At any time during its term of appointment, a board of inquiry may issue an amendment to a decision, or an amended decision, that corrects minor omissions, errors, or other defects
2: The board may correct a resource consent as if the board were a consent authority acting under section 133A
3: The board may amend a proposed plan as if the board were a local authority acting under clause 16(2)
a: the day on which the local authority approves the proposed plan under clause 17 clause 19
b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.
3A: The board may amend a proposed regional policy statement as if the board were a local authority acting under clause 16(2)
a: the day on which the local authority approves the proposed regional policy statement under clause 17
b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.
4: The board may correct a requirement before the earlier of the following:
a: the day on which the local authority includes the relevant designation or heritage order in its district plan and any proposed district plan under section 175(2)
b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired. Section 149RA inserted 4 September 2013 section 30 Resource Management Amendment Act 2013 Section 149RA(1) amended 19 April 2017 section 94 Resource Legislation Amendment Act 2017 Section 149RA(3A) inserted 1 July 2020 section 54 Resource Management Amendment Act 2020
149S: Minister may extend time by which board must report
1: Despite section 149R(2)
2: The Minister may grant an extension only if—
a: he or she considers that special circumstances apply; and
b: the time period as extended does not exceed 18 months from—
i: the day on which the EPA gives public notice under section 149C section 142(2) 147(1)﻿(a)
ii: the day on which the EPA gives public notice under section 149O
iii: the day on which the EPA gives limited notification under section 149ZC(4)
3: However, the Minister may grant an extension that results in a time period greater than that described in subsection (2)﻿(b) if the applicant agrees.
3A: For the purposes of subsection (2)﻿(b), the period of 18 months excludes any time while an inquiry is suspended under section 149ZG(3)
4: The EPA must give written notice to the following persons if the Minister grants an extension under subsection (1), or each time the Minister grants an extension under subsection (1), as the case may be:
a: the applicant; and
b: the local authority; and
c: any person who made a submission on the matter.
5: The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subsection (1) in relation to any matter before the board.
6: Subsection (5) does not limit subsection (1). Section 149S inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149S(3A) inserted 19 April 2017 section 95 Resource Legislation Amendment Act 2017 Section 149S(5) inserted 4 September 2013 section 31 Resource Management Amendment Act 2013 Section 149S(6) inserted 4 September 2013 section 31 Resource Management Amendment Act 2013 Matter decided by Environment Court Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149T: Matter referred to Environment Court
1: This section applies if the Minister makes a direction under section 142(2)﻿(b) 147(1)﻿(b)
2: The matter is referred to the Environment Court by the applicant lodging with the court—
a: a notice of motion specifying the orders sought and the grounds on which the application is made; and
b: a supporting affidavit on the circumstances giving rise to the application.
3: The applicant must—
a: serve a copy of the notice of motion and the affidavit on the local authority and, if applicable, every person who made a submission on the matter; and
b: serve the documents as soon as is reasonably practicable after lodging them; and
c: tell the Registrar when the documents have been served.
4: If the matter is a change to a district plan proposed by a territorial authority under clause 2 clause 4
5: The court may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.
6: Section 274 Section 149T inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149U: Consideration of matter by Environment Court
1: The Environment Court, when considering a matter referred to it under section 149T
a: have regard to the Minister's reasons for making a direction in relation to the matter; and
b: consider any information provided to it by the EPA under section 149G
c: act in accordance with subsection (2), (3), (4), (5), (6), or (7), as the case may be.
2: If considering a matter that is an application for a resource consent, the court must apply sections 104 to 104D 105 to 112 138A
3: If considering a matter that is an application for a change to or cancellation of the conditions of a resource consent, the court must apply sections 104 to 104D 105 to 112
a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and
b: every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.
4: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
a: must have regard to the matters set out in section 171(1) section 171(1A)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
c: may waive the requirement for an outline plan to be submitted under section 176A
4A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (4)﻿(b)﻿(iii) requiring a financial contribution (as defined in section 108(9)
5: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court—
a: must have regard to the matters set out in section 191(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).
6: If considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan, the court—
a: must apply clause 10(1) to (3)
b: may exercise the powers under section 293
c: must apply sections 66 to 70 77A 77D
7: If considering a matter that is a change to a district plan or a variation to a proposed district plan, the court—
a: must apply clause 10(1) to (3)
b: may exercise the powers under section 293
c: must apply sections 74 to 77D
7A: If considering a matter relating to a regional policy statement, the court—
a: must apply clause 10(1) to (3)
b: may exercise the powers under section 293
c: must apply sections 61 62
8: Part 11 Section 149U inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149U(2) amended 1 July 2020 section 55(1) Resource Management Amendment Act 2020 Section 149U(3) amended 1 July 2020 section 55(2) Resource Management Amendment Act 2020 Section 149U(4A) inserted 1 July 2020 section 55(3) Resource Management Amendment Act 2020 Section 149U(6)﻿(c) amended 1 July 2020 section 55(4) Resource Management Amendment Act 2020 Section 149U(7A) inserted 1 July 2020 section 55(5) Resource Management Amendment Act 2020 Appeals Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149V: Appeal from decisions only on question of law
1: A person described in section 149R(4)﻿(a) to (f) section 149R(1) or 149U
2: An applicant for a matter to which section 149M
3: If the appeal is from a decision of a board of inquiry, sections 300 to 307
a: every reference to the Environment Court in those sections must be read as a reference to the board of inquiry; and
b: those sections must be read with any other necessary modifications; and
c: the High Court Rules 2016
4: If the appeal is from a decision of the Environment Court, section 299
5: No appeal may be made to the Court of Appeal from a determination of the High Court under this section.
6: However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 73 to 76
7: If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 75
8: No appeal may be made from any appeal determined by the Court of Appeal in accordance with subsection (7).
9: Despite any enactment to the contrary,—
a: an application for leave for the purposes of subsection (6) must be filed no later than 10 working days after the determination of the High Court; and
b: the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies as a matter of priority and urgency. Section 149V inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149V(3)﻿(c) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 149V(6) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 149V(7) amended 1 March 2017 section 183(b) Senior Courts Act 2016
3: Miscellaneous provisions
Subpart 3 inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Process after decision of board of inquiry or court on certain matters Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149W: Local authority to implement decision of board or court about proposed regional plan or change or variation
1: Subsections (2) and (3) apply to a local authority if a board of inquiry or the Environment Court—
a: considers a matter that is a proposed regional plan, a change to a plan, a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement; and
b: decides that changes must be made to that matter.
2: As soon as practicable after receiving notice of the decision of the board or the court under section 149R(4) 149U
a: the local authority must amend the proposed regional plan or a change or variation to a plan or regional policy statement clause 16(1) section 293
b: if the decision is in respect of a proposed regional plan, or a change or variation to a district or regional plan (other than a regional coastal plan) , or a regional policy statement
i: approve the proposed plan, change, or variation under clause 17
ii: make the plan, change, or variation operative by giving public notice in accordance with clause 20
c: if the decision is in respect of a change or variation to a regional coastal plan, the local authority must—
i: adopt the change or variation under clause 18(1)
ii: send the plan to the Minister of Conservation for his or her approval in accordance with clause 19
iii: following approval of the change or variation by the Minister of Conservation, make the change operative by giving public notice in accordance with clause 20
3: For the purposes of subsection (2)﻿(c)﻿(ii), clause 19
4: A local authority must comply with section 175 Section 149W inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149W(1) replaced 1 July 2020 section 56(1) Resource Management Amendment Act 2020 Section 149W(2)﻿(a) amended 1 July 2020 section 56(2) Resource Management Amendment Act 2020 Section 149W(2)﻿(b) amended 1 July 2020 section 56(3) Resource Management Amendment Act 2020
149X: Residual powers of local authority
1: Subsection (2) applies to a resource consent that has been granted by a board of inquiry or the Environment Court under section 149R 149U
2: The consent authority concerned has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself.
3: Subsection (4) applies to a requirement confirmed (with or without modifications) by a board of inquiry or the Environment Court under section 149R 149U
4: The territorial authority concerned has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself. Section 149X inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Minister makes direction to refer matter to local authority Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149Y: EPA must refer matter to local authority if direction made by Minister
1: This section applies if the Minister makes a direction under section 147(1)﻿(c)
2: The EPA must give notice of the Minister's direction to the local authority and the applicant.
3: The EPA must also—
a: provide the local authority with—
i: the matter; and
ii: all the material received by the EPA that relates to the matter; and
b: inform the local authority that it must process the matter in accordance with section 149Z Section 149Y inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149Z: Local authority must process referred matter
1: A local authority must process a matter referred to it under section 149Y(3) section 149ZA
2: If the matter is an application for a resource consent, the local authority must treat the application as if—
a: it had been made to the local authority under section 88(1)
b: it had been lodged on the date that the local authority received notification from the EPA under section 149Y(3)
c: section 88(3) and (3A)
3: If the matter is a notice of requirement for a designation or to alter a designation, the local authority must treat the notice as if it had been—
a: given to the local authority under section 168
b: lodged on the date that the local authority received notification from the EPA under section 149Y(3)
4: However, if the matter is a notice of requirement for a designation, or to alter a designation, to which section 168A(1) 181(4) section 168A or 181 section 149Y(3)
5: If the matter is a notice of requirement for a heritage order or to alter a heritage order, the local authority must treat the notice as if it had been—
a: given to the local authority under section 189
b: lodged on the date that the local authority received notification from the EPA under section 149Y(3)
6: However, if the matter is a notice of requirement for a heritage order, or to alter a heritage order, to which section 189A(1) 195A(5) section 149Y(3)
7: If the matter is a request for the preparation of a regional plan or a change to a plan, the local authority must treat the request as if it had been—
a: made to the local authority under clause 21
b: lodged on the date that the local authority received notification from the EPA under section 149Y(3)
8: If the matter is an application for a change to or cancellation of the conditions of a resource consent, the local authority must treat the application as if it had been—
a: made to the local authority under section 127
b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) Section 149Z inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149Z(2)﻿(c) amended 3 March 2015 section 105 Resource Management Amendment Act 2013 Minister's powers to intervene in matter Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149ZA: Minister's powers to intervene in matter
1: The Minister may intervene in a matter at any time by exercising 1 or more of the following powers in relation to the matter:
a: to make a submission on the matter for the Crown:
b: to appoint a project co-ordinator for the matter to advise the local authority:
c: if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters:
d: if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.
2: In deciding whether to act under subsection (1), the Minister must consider the extent to which the matter is or is part of a proposal of national significance.
3: If the Minister makes a direction under subsection (1)﻿(c),—
a: the local authorities must hold the joint hearing; and
b: section 102
4: If the Minister appoints a hearings commissioner under subsection (1)﻿(d), the commissioner has the same powers, functions, and duties as the commissioner or commissioners appointed by the local authority.
5: To avoid doubt, if the matter has come before the Minister by way of an application lodged with the EPA, the Minister may exercise the powers under subsection (1) in relation to the matter whether or not the EPA made any recommendations about the matter to the Minister under section 146(2) Section 149ZA inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Process if related matter already subject to direction to refer to board of inquiry or court Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149ZB: How EPA must deal with certain applications and notices of requirement
1: This section applies to a matter that is an application or notice of requirement described in subsection (2) if—
a: the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under section 142(2) 147(1)﻿(a) or (b)
b: the application or notice was lodged with the EPA either—
i: before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already subject to a direction under section 142(2) 147(1)﻿(a) or (b)
ii: after the matter or matters have been determined by the board or the court and the matter or matters have been granted or confirmed.
2: The applications and notices are—
a: an application for a resource consent:
b: an application for a change to or cancellation of the conditions of a resource consent:
c: a notice of requirement to alter a designation:
d: a notice of requirement to alter a heritage order.
3: In addition to making a recommendation to the Minister under section 146 section 147(1)﻿(a), (b), or (c) sections 149ZCB to 149ZCF Section 149ZB inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149ZB(3) amended 18 October 2017 section 152 Resource Legislation Amendment Act 2017
149ZC: Minister to decide whether application or notice of requirement to be notified
1: If the Minister decides to make a direction under section 147(1)﻿(a) or (b) section 149ZB
2: The Minister must apply sections 149ZCB to 149ZCF
3: If the Minister decides that the application or notice is to be publicly notified, sections 149C to 149E
4: If the Minister decides that the application or notice is not to be publicly notified, but is to be subject to limited notification, the EPA must give limited notification of the application or notice
5: Any person who receives a notice under subsection (4) may make a submission to the EPA and, for that purpose, section 149E(3) to (6)
6: However, the closing date for making a submission under subsection (5) is 20 working days after the day on which the EPA gives the notice under subsection (4). Section 149ZC inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149ZC(2) replaced 18 October 2017 section 153(1) Resource Legislation Amendment Act 2017 Section 149ZC(4) amended 18 October 2017 section 153(2) Resource Legislation Amendment Act 2017
149ZCA: Application of sections 149ZCB to 149ZCF
Sections 149ZCB to 149ZCF section 149ZB section 149ZC Section 149ZCA inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017
149ZCB: Public notification of application or notice at Minister's discretion
1: The Minister may, in his or her discretion, decide whether to require the EPA to publicly notify an application or a notice.
2: Despite subsection (1), the EPA must publicly notify an application or a notice if—
a: the Minister decides (under section 149ZCE
b: the applicant requests public notification of the application or notice; or
c: a rule or national environmental standard requires public notification of the application or notice.
3: Despite subsections (1) and (2)﻿(a), the EPA must not publicly notify the application or notice if—
a: a rule or national environmental standard precludes public notification of the application or notice; and
b: subsection (2)﻿(b) does not apply.
4: Despite subsection (3), the EPA may publicly notify an application or a notice if the Minister decides that special circumstances exist in relation to the application or notice.
5: To avoid doubt, if an application or notice is to be publicly notified in accordance with this section, sections 149C to 149E Section 149ZCB inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017
149ZCC: Limited notification of application or notice
1: If the Minister decides not to require the EPA to publicly notify an application or a notice, the Minister must, in relation to the activity,—
a: decide if there is any affected person (under section 149ZCF
b: identify any affected protected customary rights group or affected customary marine title group.
2: The EPA must give limited notification of the application or notice to any affected person unless a rule or national environmental standard precludes limited notification of the application or notice.
3: The EPA must give limited notification of the application or notice to an affected protected customary rights group or affected customary marine title group even if a rule or national environmental standard precludes public or limited notification of the application or notice.
4: In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities.
5: To avoid doubt, if an application or notice is to be limited notified in accordance with this section, section 149ZC(4) Section 149ZCC inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017
149ZCD: Public notification of application or notice after request for further information
1: Despite section 149ZCB(1)
a: the Minister has not already required the EPA to give public or limited notification of the application or notice; and
b: subsection (2) applies.
2: This subsection applies if the EPA requests further information on the application or notice under section 149(2)﻿(a)
a: does not provide the information before the deadline concerned; or
b: refuses to provide the information.
3: This section applies despite any rule or national environmental standard that precludes public or limited notification of the application or notice. Section 149ZCD inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017
149ZCE: Minister to decide if adverse effects likely to be more than minor
For the purpose of deciding under section 149ZCB(2)﻿(a)
a: must disregard any effects on persons who own or occupy—
i: the land in, on, or over which the activity will occur or apply; or
ii: any land adjacent to that land; and
b: may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and
c: in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and
d: must disregard trade competition and the effects of trade competition; and
e: must disregard any effect on a person who has given written approval in relation to the relevant application or notice. Section 149ZCE inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017
149ZCF: Minister to decide if person is affected person
1: The Minister must decide that a person is an affected person, in relation to an activity, if the adverse effects of the activity on the person are minor or more than minor (but are not less than minor).
2: The Minister, in making his or her decision,—
a: may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and
b: in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the activity does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and
c: must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11
3: Despite anything else in this section, the Minister must decide that a person is not an affected person if—
a: the person has given, and not withdrawn, approval for the activity in a written notice received by the authority before the authority has decided whether there are any affected persons; or
b: it is unreasonable in the circumstances to seek the person's written approval. Section 149ZCF inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 Costs of processes under this Part Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149ZD: Costs of processes under this Part recoverable from applicant
1: A local authority may recover from an applicant the actual and reasonable costs incurred by the local authority in complying with this Part.
2: The EPA may recover from a person the actual and reasonable costs incurred by the EPA in providing assistance to the person prior to a matter being lodged with the EPA (whether or not the matter is subsequently lodged).
3: The EPA may recover from an applicant the actual and reasonable costs incurred by the EPA in exercising its functions and powers under this Part (including the costs in respect of secretarial and support services provided to a board of inquiry by the EPA).
4: The Minister may recover from an applicant the actual and reasonable costs incurred in relation to a board of inquiry appointed under this Part.
5: The local authority, EPA, or Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this section.
6: When recovering costs under this section, the local authority, EPA, or Minister must have regard to the following criteria:
a: the sole purpose is to recover the reasonable costs incurred in respect of the matter to which the costs relate:
b: the applicant should be required to pay for costs only to the extent that the benefit of the actions of the local authority, EPA, or Minister (as the case may be) to which the costs relate is obtained by the applicant as distinct from the community as a whole:
c: the extent to which any activity by the applicant reduces the cost to the local authority, EPA, or Minister (as the case may be) of carrying out any of its functions, powers, and duties.
7: A person may object under section 357B Section 149ZD inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149ZE: Remuneration, allowances, and expenses of boards of inquiry
The Fees and Travelling Allowances Act 1951 section 149J
a: the board is a statutory board within the meaning of the Act; and
b: a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs:
i: remuneration by way of fees, salary, or allowances under the Act; and
ii: travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and
c: the Act applies to payments under paragraph (b). Section 149ZE inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
149ZF: Liability to pay costs constitutes debt due to EPA or the Crown
1: This section applies when—
a: the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4)
b: the requirement to pay is final, in that the person who is required to pay—
i: has not objected under section 357B section 358
ii: has objected or appealed and the objection or the appeal has been decided against that person.
2: The costs referred to in subsection (1) are a debt due to either the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction. Section 149ZF inserted 19 April 2017 section 96 Resource Legislation Amendment Act 2017
149ZG: Process may be suspended if costs outstanding
1: This section applies if—
a: the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4)
b: the EPA has given the person written notice that, unless the costs specified in the notice are paid,—
i: the EPA may cease to carry out its functions in relation to the matter; and
ii: if it does so, the inquiry will be suspended.
2: If the person referred to in subsection (1)﻿(b) fails to pay the costs in the required time, the EPA may cease carrying out its functions in respect of the matter.
3: If the EPA ceases to carry out its functions in respect of the matter, the inquiry is suspended.
4: If the EPA ceases to carry out its functions in respect of the matter, but subsequently the person required to pay the costs does so,—
a: the EPA must resume carrying out its functions in respect of the matter; and
b: the inquiry is resumed.
5: The EPA must, as soon as practicable after an inquiry is suspended under subsection (3) or is resumed under subsection (4)﻿(b), notify the following that the inquiry is suspended or has resumed (as the case may be):
a: the applicant; and
b: the board; and
c: the Minister; and
d: the relevant local authority; and
e: every person who has made a submission on the matter.
6: Nothing in this section affects or prejudices the right of a person to object under section 357B section 358 Section 149ZG inserted 19 April 2017 section 96 Resource Legislation Amendment Act 2017
150: Residual powers of authorities
Section 150 repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
150AA: Reference to Environment Court
Section 150AA repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009
6A: Aquaculture moratorium
Part 6A inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002
150A: Interpretation
In this Part, unless the context otherwise requires,— application moratorium
a: beginning on 28 November 2001; and
b: ending on the close of—
i: 31 December 2004; or
ii: in relation to a coastal marine area described in an order made under section 150C Section 150A inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Section 150A moratorium replaced 19 March 2004 section 5 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004
150B: Moratorium
1: Subsection (2) applies to—
a: an application that requires public notification
b: an application that does not require public notification
i: it was made to a consent authority before the moratorium; and
ii: the consent authority had not, before the moratorium, decided not to give limited notification of the application
2: The consent authority must not process or determine the application until the moratorium has expired in relation to the area that the application relates to.
3: Subsection (4) applies if an application is made to a consent authority during the moratorium.
4: The consent authority—
a: must not process the application; and
b: must not determine the application; and
c: must return the application, and any fee accompanying it, to the applicant as soon as practicable.
5: This section does not apply to an application if—
a: the application relates to a coastal marine area that, immediately before the moratorium, was subject to—
i: a coastal permit; or
ii: a marine farming lease or licence under the Marine Farming Act 1971
b: the application is for a new coastal permit for the same activities in the same area. Section 150B inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Section 150B(1)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 150B(1)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 150B(1)﻿(b)﻿(ii) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
150C: Earlier expiry of moratorium in relation to specified areas
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier than 31 December 2004
2: The Minister must not make a recommendation unless—
a: the regional council concerned has requested the Minister to make the recommendation; and
b: the Minister is satisfied, based on information and explanations provided by the regional council, that—
i: a regional coastal plan or proposed regional coastal plan provides for aquaculture activities as a controlled activity or discretionary activity in the area that the regional council's request relates to; and
ii: the area is of a size and location that, taking into account the provisions of the plan or proposed plan, will avoid, remedy, or mitigate the adverse effects (including cumulative effects) of aquaculture activities on the environment and on other uses of the coastal marine area; and
iii: the ending of the moratorium in relation to the area will not limit or adversely affect the establishment of aquaculture management areas in the future.
3: The Minister must make a recommendation under subsection (1) within 40
4: For the purposes of subsection (3), sections 37 37A
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 150C inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Section 150C(1) amended 19 March 2004 section 6(1) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 Section 150C(3) amended 19 March 2004 section 6(2) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 Section 150C(4) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 150C(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
150D: Pending applications to be considered under rules as at end of moratorium
Section 150D repealed 1 January 2005 section 12 Resource Management Amendment Act (No 2) 2004
150E: Transitional provision
Section 150E repealed 1 January 2005 section 12 Resource Management Amendment Act (No 2) 2004
150F: No compensation
No compensation is payable by the Crown to any person for any loss or damage arising from the application of this Part. Section 150F inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Certain coastal permits continued Heading inserted 19 March 2004 section 7 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004
150G: Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
1: This section applies to coastal permits issued—
a: in the period beginning on 1 June 1995 and ending with the close of 1 August 2003; and
b: for the occupation of an area in the coastal marine area for the purpose of aquaculture activities, and for any activity related to that occupation.
2: A coastal permit is given effect to when the holder of the permit applies under section 67J section 67Q
3: A coastal permit that has lapsed under section 125 section 125 section 67J section 67Q Section 150G inserted 19 March 2004 section 7 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004
7: Coastal tendering
151AA: Part not to apply to applications to occupy coastal marine area
This Part does not apply to applications for coastal permits to authorise the occupation of a coastal marine area. Section 151AA inserted 1 January 2005 section 13 Resource Management Amendment Act (No 2) 2004
151: Interpretation
In this Part, unless the context otherwise requires,— authorisation section 161 Minister Order in Council section 152 Section 151 public notice repealed 18 October 2017 section 155 Resource Legislation Amendment Act 2017
152: Order in Council may be made requiring holding of authorisation
1: The Governor-General may, by Order in Council, on the advice of the Minister, direct that a consent authority must not grant a coastal permit, in respect of a specified part of the marine and coastal area (other than in respect of any specified freehold land) that would, if granted, authorise the permit holder—
a:
b: remove any sand, shingle, shell, section 12(4)
c: reclaim or drain any of such land that is foreshore or seabed— unless the applicant for the coastal permit is the holder of an authorisation authorising such
2: Every Order in Council made under subsection (1) may, by Order in Council made on the advice of the Minister, be amended or revoked.
3: The Minister shall not advise the making of an Order in Council under subsection (1) or subsection (2) which relates to any activity described in subsection (1)﻿(c)
4: The Minister shall not advise the making of an Order in Council under subsection (1) or (2) unless the Minister considers that there is, or is likely to be, in respect of any area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities referred to in subsection (1).
5: Every Order in Council made under subsection (1), and every Order in Council made under subsection (2) amending a previous Order in Council, shall expire on the second anniversary of the date on which—
a: in the case of an Order in Council made under subsection (1), it came into force:
b: in the case of an Order in Council made under subsection (2), the original Order in Council amended came into force.
6: 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 152(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 152(1) amended 1 January 2005 section 14(1)﻿(b) Resource Management Amendment Act (No 2) 2004 Section 152(1)﻿(a) repealed 1 January 2005 section 14(1)﻿(a) Resource Management Amendment Act (No 2) 2004 Section 152(1)﻿(b) amended 7 July 1993 section 80 Resource Management Amendment Act 1993 Section 152(3) amended 1 January 2005 section 14(2) Resource Management Amendment Act (No 2) 2004 Section 152(4) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 152(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
153: Application of Order in Council
An Order in Council shall not apply to or affect—
a: any application for a coastal permit made before the date on which the Order in Council came into force:
b: any application, whether made before or after the date on which the Order in Council came into force, for a coastal permit to do something—
i: that otherwise would contravene section 14 section 15 section 15A section 15B
ii: that otherwise would contravene section 12 section 152(1)﻿(b) or (c)
c: any application to which any of sections 389 390 390A 390C 393 and 395
d: any application for a coastal permit to which section 124
e: any of the following in force or being carried out on the date on which the Order in Council came into force:
i: any coastal permit:
ii: any lease, licence, permit, Order in Council, or approval described in section 425
iii: any permitted activity in the coastal marine area:
iv: any other lawful activity. Section 153(b)﻿(i) replaced 1 August 2003 section 59 Resource Management Amendment Act 2003 Section 153(b)﻿(ii) replaced 1 August 2003 section 59 Resource Management Amendment Act 2003 Section 153(b)﻿(ii) amended 1 January 2005 section 15(1) Resource Management Amendment Act (No 2) 2004 Section 153(c) amended 1 January 2005 section 15(2) Resource Management Amendment Act (No 2) 2004 Section 153(c) amended 7 July 1993 section 81 Resource Management Amendment Act 1993 Section 153(d) replaced 17 December 1997 section 33(2) Resource Management Amendment Act 1997 Section 153(e)﻿(ii) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
154: Publication, etc, of Order in Council
The Minister shall as soon as practicable—
a: cause a copy of every Order in Council to be served on the appropriate regional council; and
b: cause a notice of the making of the Order in Council and its effect to be served on—
i: the Minister for the Environment:
ii:
iii: every territorial authority whose district or any part of whose district is situated within the region to which the Order in Council relates:
iv: the tangata whenua of that region, through iwi authorities
c: Section 154(b)﻿(ii) repealed 1 October 2009 section 101 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 154(b)﻿(iv) amended 10 August 2005 section 84 Resource Management Amendment Act 2005 Section 154(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
155: Particulars of Order in Council to be endorsed on regional coastal plan
On receipt of a copy of an Order in Council under section 154
156: Effect of Order in Council
Except as otherwise provided in section 153
a:
b: remove any sand, shingle, shell, section 12(4)
c: reclaim or drain any of such land that is foreshore or seabed— unless the applicant for that permit is the holder of an authorisation authorising such Section 156 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 156 amended 1 January 2005 section 16(b) Resource Management Amendment Act (No 2) 2004 Section 156(a) repealed 1 January 2005 section 16(a) Resource Management Amendment Act (No 2) 2004 Section 156(b) amended 7 July 1993 section 82 Resource Management Amendment Act 1993
157: Calling of public tenders for authorisations
1: Where an Order in Council is in force in respect of any part of the coastal marine area, the Minister may, from time to time and at any time, by public tender of which public notice has been given, offer authorisations for the whole or any portion of that part in respect of all or any activities to which the Order in Council applies.
2: The public notice of every such offer shall—
a: specify the range of activities to which the authorisation, once issued, will apply; and
b: describe the area of land to which the authorisation, once issued, will apply, including the size, shape, and location of that area; and
c: specify the closing date for tenders, which may be any date the Minister considers appropriate; and
d: specify the manner in which tenders must be submitted.
3: Every such public notice may also specify—
a:
b: in the case of extraction, the maximum tonnage and period (not exceeding 35 years) of extraction:
c: whether or not it is intended that the area will be retendered when the coastal permit to which it relates expires.
4: The Minister may amend, revoke, or replace any such notice before the time by which tenders must be received expires. Section 157(3)﻿(a) repealed 1 January 2005 section 17 Resource Management Amendment Act (No 2) 2004
158: Requirements of tender
1: Every tender for an authorisation shall—
a: specify the activity or range of activities in respect of which the authorisation is sought; and
b:
c: in respect of an activity to which section 152(1)﻿(b)
d: specify the total remuneration offered, including—
i: any initial payment for the authorisation:
ii:
iii: any royalty for the extraction of material, and any proposed formula for adjustment of royalty.
1A:
2: Every such tender shall be accompanied by—
a: the prescribed fee (if any) and, if an initial payment for the authorisation is offered, a cash deposit of that payment or equivalent security to the satisfaction of the Minister; and
b: any additional information specified in the public notice calling for tenders. Section 158(1)﻿(b) repealed 1 January 2005 section 18 Resource Management Amendment Act (No 2) 2004 Section 158(1)﻿(d)﻿(ii) repealed 1 January 2005 section 18 Resource Management Amendment Act (No 2) 2004 Section 158(1A) repealed 1 January 2005 section 18 Resource Management Amendment Act (No 2) 2004
159: Acceptance of tender, etc
1: After having regard to—
a: the interests (including the financial interests) of the Crown in the coastal marine area; and
b: the financial and other circumstances of the tenderers; and
c: any other matters the Minister considers relevant— the Minister may in the Minister's discretion—
d: accept any tender, whether or not it is the highest tender; or
e: enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or
f: reject all tenders and call for new tenders under section 157
2: On making a decision to accept a tender or to reject all tenders, the Minister shall forthwith give written notification of the decision and the reasons for it to the appropriate regional council and every tenderer.
3: When giving notification under subsection (2) of the decision to accept a tender, the Minister shall include in the notification details of the name of the successful tenderer and the nature of the activity to which the tender relates.
4: If the Minister reaches an agreement with a tenderer pursuant to subsection (1)﻿(e), the Minister shall forthwith give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates.
160: Notice of acceptance of tender
1: Every tender accepted in accordance with section 159
2: At the same time as giving any written notice of acceptance under subsection (1), the Minister shall also give written notice to every other tenderer of the failure of their tender and, on request, shall return all documents submitted with each unsuccessful tender.
161: Grant of authorisation
1: Where the Minister gives notice of acceptance of a tender under section 160 section 159(1)﻿(e)
2: The Minister shall cause a copy of every such authorisation to be given to the appropriate regional council.
162: Authorisation not to confer right to coastal permit, etc
1: The granting of an authorisation under section 161
2: If a coastal permit is granted to the holder of an authorisation in respect of an area to which the authorisation relates, that permit—
a: in the case of an activity to which section 152(1)﻿(b)
i: must not be granted for a period greater than the period specified in the authorisation; and
ii: must not authorise the removal of any material at a rate, or of a total quantity, greater than that specified in the authorisation; and
b: is subject to section 112
c: Section 162(2)﻿(a) replaced 1 January 2005 section 19 Resource Management Amendment Act (No 2) 2004 Section 162(2)﻿(b) replaced 1 January 2005 section 19 Resource Management Amendment Act (No 2) 2004 Section 162(2)﻿(c) repealed 1 January 2005 section 19 Resource Management Amendment Act (No 2) 2004
163: Authorisation transferable
Every authorisation may be transferred by its holder to any other person, but the transfer shall not take effect until written notice of it has been given to and received by the Minister and the appropriate regional council.
164: Authorisation to lapse in certain circumstances
1: Subject to subsection (2), an authorisation shall lapse unless, within 2 years after it was granted, its holder has obtained a coastal permit which includes conditions authorising the holder to undertake the activity and (if relevant) occupy the area in respect of which the authorisation was granted.
2: Where—
a: before the second anniversary of the date an authorisation is granted, its holder has applied for a coastal permit in respect of the activity to which the authorisation relates; and
b: on that second anniversary date—
i: no decision has been made by the consent authority on that application; or
ii: the consent authority has made a decision, but the time for lodging appeals to the Environment Court court the authorisation shall not lapse until the time for lodging an appeal in respect of the decision has expired, or the decision of the court Section 164(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 164(2)﻿(b)﻿(ii) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
165: Tender money
1: Where a person to whom an authorisation has been granted forwarded an initial payment to the Minister pursuant to section 158(2) a Public Finance Act 1989
2: Where an authorisation granted to a person to whom subsection (1) applies has lapsed pursuant to section 164 a
3: Where any tenderer who has failed to obtain an authorisation forwarded an initial payment to the Minister pursuant to section 158(2) Section 165(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 165(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989
7A: Occupation of
common marine and coastal area Part 7A inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Part 7A heading amended 1 October 2011 section 48 Resource Management Amendment Act (No 2) 2011
165A: Overview
1: This section provides a general indication of the contents of this subpart and does not affect the interpretation or application of this subpart.
2: Subpart 1
a: a power to refuse to receive an application for a coastal permit to occupy the common marine and coastal area if made within 1 year after refusing a similar application:
b: provisions about the contents of a regional coastal plan:
c: requirements for a regional council (before including a rule in a regional coastal plan or proposed regional coastal plan about the allocation of space in the common marine and coastal area) to have regard to, and be satisfied about, certain matters:
d: a power by Order in Council to direct a regional council not to proceed with the allocation of authorisations or to proceed as specified in the order:
e: a power of the Minister of Conservation to approve a method of allocating authorisations:
f: general provisions about authorisations:
g: a power of the Minister of Aquaculture, on request from a regional council, to suspend receipt of applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities or to direct a regional council to process and hear applications together.
3: Subpart 2
4: Subpart 3
5: Subpart 4
a: as at 1 October 2011, specifies an aquaculture activity as a prohibited activity; and
b: is operative when a concurrent application is lodged. Section 165A replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165AB: Establishment of aquaculture management areas
Section 165AB repealed 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165B: Relationship of Part with rest of Act
The provisions of this Act that relate to applications for, and the granting of, resource consents apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this Part. Section 165B replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165BB: Some applications for coastal permits must be cancelled
Section 165BB repealed 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165BC: Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan
Section 165BC repealed 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
1: Managing occupation in common marine and coastal area
Subpart 1 replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165C: Interpretation
In this subpart, unless the context otherwise requires,— authorisation Minister public notice section 2AB tender trustee section 4 1991 No 69 s 165A Section 165C replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165C public notice amended 18 October 2017 section 156 Resource Legislation Amendment Act 2017
165D: Power of consent authorities to refuse to receive applications for coastal permits
For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type in respect of the same space or in respect of space in close proximity to the space concerned. 1991 No 69 s 165B Section 165D replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165E: Applications in relation to aquaculture settlement areas
1: No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Maori Commercial Aquaculture Claims Settlement Act 2004
a: relates to that space and activity; and
b: was provided to the trustee under section 13
2: A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—
a: to the extent that that activity is compatible with aquaculture activities; and
b: after consultation with the trustee and iwi in the region.
3: Subsection (1) does not affect any application received by a consent authority—
a: after 1 January 2005; but
b: before the space became an aquaculture settlement area.
4: In subsection (2)﻿(b), iwi Maori Fisheries Act 2004 Section 165E replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Regional coastal plan provisions relating to occupation of common marine and coastal area Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165F: Provisions about occupation of common marine and coastal area
1: A regional coastal plan or proposed regional coastal plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—
a: that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice:
b: that the consent authority may process and hear together applications for coastal permits for the occupation of—
i: the same space in a common marine and coastal area; or
ii: different spaces in a common marine and coastal area that are in close proximity to each other:
c: that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in paragraph (b):
d: limits on—
i: the character, intensity, or scale of activities associated with the occupation of space:
ii: the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.
2: However, a rule made for the purposes of subsection (1)﻿(a) does not apply to an application made for a coastal permit under an authorisation.
3: For the purposes of subsection (1), a provision in a regional coastal plan or proposed regional coastal plan may relate to an activity, 1 or more classes of activities, or all activities. 1991 No 69 s 165D Section 165F replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165G: Plan may specify allocation methods
A regional coastal plan or proposed regional coastal plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations. 1991 No 69 s 165H Section 165G replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165H: Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
1: Before including a rule in a regional coastal plan or proposed regional coastal plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional council must—
a: have regard to—
i: the reasons for and against including the proposed rule; and
ii: if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
A: the reasons why allocation other than by a method of allocating authorisations is justified; and
B: how this may affect the preferential rights provided for in section 165W
iii: if the proposed rule provides for a method of allocating authorisations other than by public tender,—
A: the reasons why allocation other than by public tender is justified; and
B: how this may affect the preferential rights provided for in section 165W
b: be satisfied that—
i: a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and
ii: if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space.
1A: The regional council must—
a: prepare a report summarising the matters required by subsection (1); and
b: make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the regional coastal plan or proposed regional coastal plan.
2: Sections 32 32AA
3: Subsection (1) applies subject to an Order in Council made under section 165K
4: A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 1
5: Subsection (4) does not preclude a person who is hearing a submission or an appeal on a proposed regional coastal plan from taking into account the matters stated in subsection (1). 1991 No 69 s 165I Section 165H replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165H(1A) inserted 3 December 2013 section 80(1) Resource Management Amendment Act 2013 Section 165H(2) amended 3 December 2013 section 80(2) Resource Management Amendment Act 2013
165I: Offer of authorisations for activities in common marine and coastal area in accordance with plan
1: If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
2: Subsection (1) applies subject to—
a: subsection (3); and
b: any Order in Council made under section 165K
3: A regional council must give the Minister not less than 4 months' notice before making an offer of authorisations under subsection (1). 1991 No 69 s 165F Section 165I replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165J: When applications not to be made unless applicant holds authorisation in accordance with plan
1: Subsection (2) applies to space in the common marine and coastal area if a regional coastal plan or a rule in a proposed regional coastal plan that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.
2: A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—
a: an authorisation that relates to the space and activity; or
b: a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation.
3: Subsection (2) does not affect any applications received by the regional council before the regional coastal plan became operative or the rule in a proposed regional coastal plan had legal effect.
4: Subsection (2) does not affect any application referred to in section 165ZH
a: after a rule in a proposed regional coastal plan has legal effect; but
b: before the rule becomes operative. 1991 No 69 s 165K Section 165J replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165K: Power to give directions relating to allocation of authorisations for space provided for in plan
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council whose regional coastal plan or any proposed regional coastal plan provides for a rule in relation to a method of allocating authorisations for space in a common marine and coastal area—
a: not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
b: in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.
2: The Minister may make a recommendation under subsection (1) only for 1 or more of the following purposes:
a: to give effect to Government policy in the common marine and coastal area:
b: to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
c: to facilitate compliance with section 165W
d: to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
3: The matters referred to in subsection (1)﻿(b) include—
a: the allocation method to be used:
b: subject to sections 123 123A
c: the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
d: the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.
4: If an Order in Council contains a direction under subsection (3)﻿(a), the order must be made before—
a: the relevant proposed plan is notified under clause 5 26
b: the Minister approves the relevant regional coastal plan under clause 19
5: If an Order in Council contains a direction under subsection (3)﻿(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under section 165I
6: Subject to subsection (4), the Minister may make a recommendation under subsection (1) only if the Minister makes the recommendation within 3 months after receiving a notice under section 165I(3)
7: An Order in Council does not affect the following if made before the Order in Council comes into force:
a: a publicly notified offer of authorisations:
b: an application for a coastal permit.
8: An authorisation allocated in accordance with subsection (3)﻿(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004
9: An order under this section is secondary legislation ( see Part 3 1991 No 69 s 165O 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 165K replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165K(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Ministerial approval of use of method of allocating authorisations Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165L: Regional council may request use of allocation method
1: This section applies if—
a: in a regional council’s opinion it is desirable due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purpose of 1 or more activities, that a method be used to allocate authorisations for the space; and
b: either—
i: a regional coastal plan does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or
ii: a regional coastal plan does provide for a rule referred to in subparagraph (i), but the regional council considers that it will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purpose of the activities.
2: The regional council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.
3: A request under subsection (2) must—
a: specify,—
i: if it does not relate to a public tender, the proposed method for allocation of authorisations; and
ii: the activities it is proposed the public tender or other allocation method will apply to; and
iii: the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and
iv: how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and
v: the reasons for the council’s opinion that it is desirable that an allocation method be used in relation to the space; and
b: if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and
c: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request.
4: A request under subsection (2) may relate to a single use of the proposed allocation method or its use on more than 1 occasion.
5: On the day a request is made under subsection (2), or as soon as practicable afterwards, a regional council must—
a: give public notice of the request; and
b: give notice of the request to the Environmental Protection Authority.
6: A public notice under subsection (5) must include—
a: the matters in subsection (3)﻿(a)﻿(i) to (iii); and
b: a statement to the effect of section 165M(2) and (3) Section 165L replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165M: Stay on applications following request under section 165L
1: Subsection (2) applies if a regional council has made a request under section 165L(2)
2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 165L(5)﻿(a)
a: the day on which the regional council publicly notifies under section 165N(8)
b: the day on which the approval of an allocation method is notified in the Gazette section 165N(1)﻿(c)﻿(i)
3: If the request is approved, section 165Q
4: Neither this section nor section 165Q section 165L(2) section 165ZH Section 165M replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165N: Minister may approve use of allocation method
1: If the Minister receives a request under section 165L(2)
a: must consult with relevant Ministers, including the Minister of Aquaculture (if the request relates to aquaculture activities); and
b: may—
i: consult any other person whom the Minister considers it appropriate to consult; and
ii: request any further information from the regional council that made the request; and
c: must, within 25 working days after the date of receipt of the request,—
i: by notice in the Gazette
A: on the terms specified by the regional council in the request; or
B: on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)﻿(c) does not prevent the Minister from making a decision on the request.
3: Any period of consultation under subsection (1)﻿(b)﻿(i) is excluded from the period specified in subsection (1)﻿(c).
4: The Minister must not approve the request unless he or she considers that—
a: there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and
b: the method and terms of allocation specified in the request, or any modified terms determined by the Minister will—
i: effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and
ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable.
5: In considering whether to approve a request, the Minister must have regard to—
a: Government policy in relation to the common marine and coastal area:
b: the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
c: the need to facilitate compliance with section 165W
d: the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004
6: As soon as practicable after deciding whether to approve a request, the Minister must notify the Environmental Protection Authority of his or her decision.
7: A Gazette
a: must specify,—
i: if the approval does not relate to a public tender, the other allocation method that is approved; and
ii: the space and activities that the public tender or other allocation method will apply to; and
iii: how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
b: may also specify 1 or more of the following:
i: whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and
ii: an expiry date for the approval; and
iii: a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and
iv: any restrictions on transferring authorisations allocated under the public tender or other allocation method; and
v: that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and
vi: subject to sections 123 123A
vii: that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and
viii: that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.
8: If the Minister declines a request made under section 165L(2)
a: the Minister must notify the regional council of the decision to decline the request; and
b: the regional council must as soon as practicable after receiving notice under paragraph (a) publicly notify that—
i: the request was declined; and
ii: applications may be made for coastal permits to occupy any space for any activity that was the subject of the request.
9: A provision in a regional coastal plan that relates to the allocation of space to which a Gazette Gazette
10: An authorisation allocated in accordance with subsection (7)﻿(b)﻿(viii) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 Section 165N replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165O: Period of approval
1: An approval to use a public tender or other method to allocate authorisations applies on and from the date on which the relevant Gazette
a: the date on which it is expressed in the relevant Gazette
b: the date it lapses under section 165P(2)
c: the date it is revoked by a further notice in the Gazette
2: The Minister may, by notice in the Gazette
a: is requested to do so by the regional council; and
b: considers that—
i: there are no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; or
ii: the regional council has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities.
3: The Minister may, by notice in the Gazette Gazette Gazette
a: the Minister receives a request from the regional council to do so; and
b: the Minister considers that—
i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
ii: the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands. Section 165O replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165P: Offer of authorisations where approved by Minister
1: If the Minister approves the use of a public tender or other method for allocating authorisations under section 165N(1)﻿(c)
2: A Gazette section 165N(1)﻿(c)
3: The Minister may by notice in the Gazette
a: the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
b: the regional council requires further time to carry out the public tender or implement the other approved allocation method. Section 165P replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165Q: When applications not to be made or granted unless applicant holds authorisation in accordance with
Gazette
1: Subsection (2) applies to space in the common marine and coastal area if the Minister has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette section 165N(1)﻿(c)﻿(i)
2: During the period that the approval to use public tendering or another allocation method applies, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity. Section 165Q replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Authorisations Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165R: Authorisation not to confer right to coastal permit
1: The granting of an authorisation does not confer any right to the grant of a coastal permit in respect of the space that the authorisation relates to.
2: However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation. 1991 No 69 s 165L Section 165R replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165S: Authorisation transferable
1: An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
2: This section applies subject to any restrictions on the transfer of authorisations specified in—
a: the Gazette section 165N
b: the relevant regional coastal plan under which the authorisations were allocated. 1991 No 69 s 165M Section 165S replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165T: Authorisation lapses in certain circumstances
1: An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3) applies.
2: Subsection (3) applies,—
a: for an authorisation for which no earlier date is specified, if,—
i: before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and
ii: on the second anniversary date,—
A: no decision has been made by the consent authority whether to grant or decline the application; or
B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or
b: for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
i: before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and
ii: on the date specified in the authorisation,—
A: no decision has been made by the consent authority whether to grant or decline the application; or
B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal.
3: The authorisation does not lapse until—
a: the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
b: an appeal has been lodged and the court has given its decision on the appeal. 1991 No 69 s 165N Section 165T replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165U: Public notice of offer of authorisations by regional council
1: A notice given under section 165I 165P(1)
a: specify the activities that the authorisation will apply to after it is issued; and
b: describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and
c: subject to sections 123 123A
d: specify the closing date for offers; and
e: specify the criteria that the regional council will apply in selecting successful offers for authorisations; and
f: include details of any direction given under section 165K
g: specify the manner in which offers for authorisations must be submitted; and
h: specify any charge payable under section 36(1)﻿(ca)
i: specify any other matter that the regional council considers appropriate in the circumstances.
2: A notice may specify conditions on which the authorisation will be granted, including—
a: a date earlier than 2 years from the date of its granting on which the authorisation will lapse; and
b: restrictions on the transfer of authorisations.
3: If an offer of authorisations is to be by tender, the notice must also—
a: specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
b: specify whether or not there is a reserve price.
4: This section applies subject to an Order in Council made under section 165K 1991 No 69 s 165P Section 165U replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165V: Requirements for offers for authorisations
1: An offer for an authorisation must specify—
a: the activity or range of activities in respect of which the authorisation is sought; and
b: the site it applies to.
2: In the case of a tender for authorisations, the tender must also specify—
a: the total remuneration offered (including any annual rental component); and
b: the form of payment of the remuneration.
3: A tender must be accompanied by—
a: a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
b: any additional information specified in the notice calling for tenders.
4: An offer or a tender must be accompanied by any charge payable under section 36(1)﻿(ca)
5: If a tender is accepted under section 165X 1991 No 69 s 165Q Section 165V replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165W: Preferential rights of iwi
1: In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the authorisations.
2: Subsection (1) applies to preferential rights conferred by—
a: section 316
b: section 119
c: section 79
d: section 106
e: section 118
f: section 92
3: For the purposes of subsection (1), provisions in the Acts referred to in subsection (2) relating to a preferential right that contain references to the Minister of Conservation or Part 7 1991 No 69 s 165R Section 165W replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165X: Acceptance of offer for authorisations
1: After considering the offers for authorisations in accordance with the criteria specified under section 165U
a: accept any offer; or
b: reject all offers; or
c: reject all offers and call for new offers; or
d: negotiate with any person who made an offer with a view to reaching an agreement.
2: If the offer of authorisations is a tender, the regional council may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
3: As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council must give written notice of the decision and the reasons for it to every person who made an offer.
4: If an offer is accepted or an agreement is reached, the notice under subsection (3) must include details of the name of the person who made the offer and the nature of the activity that the offer or agreement relates to. 1991 No 69 s 165S Section 165X replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165Y: Grant of authorisation
If the regional council accepts an offer or reaches an agreement with a person who made an offer under section 165X 1991 No 69 s 165T Section 165Y replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165Z: Tender money
1: If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity in respect of which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender.
2: The Minister must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989
3: If an authorisation granted to a successful tenderer has lapsed under section 165T
4: If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 165V(3) 1991 No 69 s 165U Section 165Z replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZA: Use of tender money
The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region. 1991 No 69 s 165V Section 165ZA replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZB: Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
1: This section applies if—
a: a regional council has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities; and
b: in the regional council's opinion—
i: the provisions of a regional coastal plan will not enable it to manage effectively the identified demands; and
ii: it is desirable that applications for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities be suspended to enable the regional council to amend its regional coastal plan or to use other measures available under this subpart to deal with the identified demands.
2: The regional council may request the Minister of Aquaculture to suspend the receipt of applications for coastal permits to occupy the space for the purpose of aquaculture activities.
3: A request under subsection (2) must—
a: specify—
i: the space in the common marine and coastal area it is proposed the suspension will apply to; and
ii: the aquaculture activities that it is proposed the suspension will apply to; and
iii: the planning or other measure that the council proposes to implement to deal with the identified demand; and
iv: the proposed duration of the suspension, which must be not more than 12 months; and
b: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request.
4: A regional council must—
a: give public notice of a request under subsection (2) on the day the request is made or as soon as practicable after the request is made; and
b: give notice of the request to the Environmental Protection Authority.
5: A public notice under subsection (4) must include—
a: the matters specified in subsection (3)﻿(a); and
b: a statement to the effect of section 165ZC(2) and (3)
6: To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities. Section 165ZB replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZC: Effect on applications of request under section 165ZB
1: Subsection (2) applies if a regional council has made a request under section 165ZB(2)
2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 165ZB(4)﻿(a)
a: if the request is declined, the day on which the regional council publicly notifies under section 165ZD(6)
b: if the request is granted, the date on which the Gazette section 165ZD
3: Neither this section nor section 165ZD
a: any application received by the regional council before the request was made under section 165ZB(2)
b: any application to which section 165ZH
c: any application made in accordance with an authorisation. Section 165ZC replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZD: Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities
1: If the Minister of Aquaculture receives a request under section 165ZB(2)
a: must consult the Minister of Conservation; and
b: may—
i: consult any other person whom the Minister considers it appropriate to consult; and
ii: request any further information from the regional council that made the request; and
c: must, within 25 working days after receiving the request,—
i: approve the request by notice in the Gazette
A: on the terms specified by the regional council in the request; or
B: on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)﻿(c) does not prevent the Minister from making a decision on the request.
3: Any period of consultation under subsection (1)﻿(b)﻿(i) is excluded from the period specified in subsection (1)﻿(c).
4: The Minister must not approve the request unless he or she considers that—
a: there is actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; and
b: the planning or other measure that the council proposes to implement, or any modified terms determined by the Minister will—
i: effectively manage the high demand or competing demands identified under paragraph (a); and
ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable.
5: A Gazette
a: the space and aquaculture activities that the suspension on applications will apply to; and
b: the date the notice expires, which must not be more than 12 months after the date of the Gazette
6: If the Minister declines a request made under section 165ZB(2)
a: the Minister must notify the regional council of the decision to decline the request; and
b: the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
i: the request was declined; and
ii: applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.
7: The Minister must notify the Minister of Conservation and the Environmental Protection Authority of a decision to issue a Gazette Section 165ZD replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZE: Subsequent requests for direction in relation to suspension of receipt of applications
1: The Minister of Aquaculture may issue a further Gazette section 165ZD
a: a request for a further suspension on the receipt of applications is made by a regional council under section 165ZB
b: the Minister considers that—
i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
ii: the regional council does not have in place planning or other measures that will satisfactorily manage the high demand or competing demands; and
iii: the Minister is satisfied that more time is needed to put in place plan provisions to deal with the demand.
2: Sections 165ZB to 165ZD Section 165ZE replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZF: Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
1: This section applies if, in a regional council’s opinion,—
a: processing and hearing together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities would be more efficient and would enable better assessment and management of cumulative effects of the permits; and
b: a regional coastal plan or proposed regional council plan does not provide adequately for efficient processing and assessment and management of the cumulative effects of permits to occupy the common marine and coastal area for the purpose of the aquaculture activities.
2: The regional council may request the Minister of Aquaculture to direct the regional council to process and hear together applications for coastal permits to occupy the space for the purpose of aquaculture activities.
3: A request under subsection (2) must—
a: specify—
i: the space in the common marine and coastal area it is proposed the direction will apply to; and
ii: the aquaculture activities that it is proposed the direction will apply to; and
iii: the applications or classes of applications it is proposed that the direction will apply to; and
b: be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities if the direction were made. Section 165ZF replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFA: Ministerial power to direct applications to be processed and heard together
1: If the Minister receives a request under section 165ZF(2)
a: must consult the Minister of Conservation: and
b: may—
i: consult any other person whom the Minister considers it appropriate to consult; and
ii: request any further information from the regional council that made the request; and
c: must, within 25 working days after receiving the request,—
i: by notice in the Gazette
A: on the terms specified by the regional council in the request; or
B: on terms that in the Minister’s opinion will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the notice; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)﻿(c) does not prevent the Minister from giving a direction or declining a request.
3: Any period of consultation under subsection (1)﻿(b)﻿(i) is excluded from the period specified in subsection (1)﻿(c).
4: The Minister must not give a direction under subsection (1)﻿(c)﻿(i) unless he or she considers that the direction will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction.
5: The Gazette
a: the space in the common marine and coastal area that the direction applies to; and
b: the aquaculture activities that the direction applies to; and
c: the applications or classes of applications the direction applies to, which,—
i: subject to subparagraph (ii), may (without limitation) include—
A: applications made on or after the date of the Gazette
B: applications made but not determined before the date of the Gazette
C: applications defined by reference to their contents (for example, by the size of the space they relate to); but
ii: may not include applications—
A: in respect of which the regional council has determined, before the date of the Gazette
B: in respect of which the regional council has determined, before the date of the Gazette
C: to which section 165ZH
D: made more than 12 months after the date of the Gazette
E: in respect of which a notice of motion has been lodged with the Environment Court under section 87G Gazette
F: called in by the Minister of Conservation under section 142 Gazette
G: for which a call-in request has been made by the regional council or the applicant under section 142(1)﻿(b) Gazette
H: lodged with the Environmental Protection Authority before the date of the Gazette section 147(1)﻿(c)
6: The Gazette Gazette
7: The regional council must comply with a provision specified in the Gazette
8: The Minister must notify the decision to give a direction or to decline a request for a direction to the regional council, Minister of Conservation, and the Environmental Protection Authority.
9: On and from the date of a Gazette Gazette Section 165ZFA inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Processing and hearing together of applications for coastal permits Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFB: Application of sections 165ZFC to 165ZFH
Sections 165ZFC to 165ZFH
a: a rule included in a regional coastal plan or a proposed regional coastal plan under section 165F
b: a Gazette section 165N
c: a Gazette section 165ZFA Section 165ZFB inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFC: Interpretation
In this section and sections 165ZFD to 165ZFH affected application
a: means an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and
b: includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement comes into force PHT requirement Gazette section 165ZFB Section 165ZFC inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFD: Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
1: On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 87D
2: Despite sections 87E to 87G
a: the regional council is considering a request by an applicant under section 87D in respect of an affected application, the council must not make a decision on the request, but must return the request to the applicant with a notice stating that the application is one to which a PHT requirement relates and section 165ZFE
b: the regional council has granted a request by an applicant under section 87D section 87G(2)﻿(a)
i: the regional council must continue to process the application in accordance with sections 165ZFE 165ZFF section 87F(3) to (5)
ii: the applicant may not lodge a notice of motion under section 87G(2)﻿(a) Section 165ZFD inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFE: Processing of affected applications
1: Sections 88 to 98
2: The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants—
a: of the names and contact details of the other affected applicants; and
b: that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request.
3: The applicant must make the request under subsection (2) electronically or in writing on the form prescribed for a request under section 87D
4: If the regional council receives requests under subsection (2) from all the applicants in respect of affected applications within the required period, the regional council must decide whether to grant or decline the applicants’ requests that all the affected applications be determined by the Environment Court.
4A: Despite the discretion to grant a request under subsection (4), if regulations have been made under section 360(1)﻿(hm)
a: the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
5: If subsection (4) applies and the regional council declines the requests, or if the regional council does not receive requests under subsection (2) from all applicants in respect of affected applications within the required period, the regional council must continue to process and hear together the affected applications in accordance with this section and section 165ZFF
6: If subsection (4) applies and the regional council grants the requests, the regional council must prepare a report on each of the affected applications within the period that ends 20 working days after the date on which the regional council decided to grant the requests.
7: Section 87F(4) to (6)
8: Each applicant in respect of an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (6), whether the applicant continues to want the affected application to be determined by the Environment Court instead of by the regional council.
9: If the regional council—
a: receives advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that—
i: the applicant’s affected application is to be determined by the Environment Court; and
ii: the applicant must lodge a notice of motion with the Environment Court that complies with section 87G(2)﻿(a) 15 working days
b: does not receive advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must—
i: give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and
ii: continue to process and hear together the affected applications in accordance with this section and section 165ZFF
10: Section 87G(2)﻿(b) and (c), (3), and (4)
11: If an applicant does not lodge a notice of motion with the Environment Court within 15 working days
a: give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and
b: if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion the regional council must cancel the applicant’s affected application.
12: Sections 87G(5) to (7) and 87H
13: Sections 99 100 Section 165ZFE inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165ZFE(4A) inserted 4 September 2013 section 34(1) Resource Management Amendment Act 2013 Section 165ZFE(7) amended 4 September 2013 section 34(2) Resource Management Amendment Act 2013 Section 165ZFE(9)﻿(a)﻿(ii) amended 3 March 2015 section 106(1) Resource Management Amendment Act 2013 Section 165ZFE(11) amended 3 March 2015 section 106(2) Resource Management Amendment Act 2013
165ZFF: Hearing of affected applications
The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:
a: if a hearing is to be held in respect of any affected application,—
i: a hearing must be held in respect of all affected applications; and
ii: all affected applications must be heard together; and
b: if an applicant or person who made a submission on an affected application makes a request under section 100A(2) section 34A(1)
c: for the purposes of section 101(2)
i: within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 165ZFE(2)
ii: within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 165ZFE(5) or (9)
d: despite section 115,—
i: decisions on the affected applications are, subject to section 88(4)
ii: notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)﻿(i) or (ii); and
e: paragraph (d)﻿(i) is subject to sections 124B 124C Section 165ZFF inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFG: Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
1: Despite sections 142 144
a: the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and
b: if the Minister decides to call in an affected application by making a direction under section 142(2)
c: in deciding whether to make the direction referred to in paragraph (b), the Minister—
i: may, in addition to the matters specified in section 142(3)
ii: must have regard to the capacity of the local authority to process the affected applications and the views of—
A: the applicants for all the affected applications; and
B: the regional council; and
C: if the PHT requirement was made by Gazette section 165ZFA
2: Section 165ZFF(a), (d), and (e) Part 6AA Section 165ZFG inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
165ZFH: Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
On and from the date on which the relevant PHT requirement comes into force, no affected application may be lodged with the Environmental Protection Authority under section 145 Section 165ZFH inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011
2: Privately initiated plan changes
Subpart 2 repealed 1 October 2011 section 50 Resource Management Amendment Act (No 2) 2011
3: Order in which applications by existing consent holders are to be processed
Subpart 3 inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004
165ZG: Application
1: This subpart applies—
a: only to applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities; and
b: in relation to such applications made on or after 23 August 2004.
2: However, this subpart does not apply to an application for a coastal permit to occupy space in the common marine and coastal area for an aquaculture activity if, at the time the application is made, a regional coastal plan provides for a method of allocating authorisations in respect of the space and activity. Section 165ZG inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Section 165ZG(1)﻿(a) replaced 1 October 2011 section 51(1) Resource Management Amendment Act (No 2) 2011 Section 165ZG(2) replaced 1 October 2011 section 51(2) Resource Management Amendment Act (No 2) 2011
165ZH: Processing applications for existing permit holders
1: This section applies if—
a: a person holds—
i: a deemed coastal permit under section 10 20 21
ii: a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and
b: the permit referred to in paragraph (a)﻿(i) or (ii) ( existing coastal permit
i: is in force at the time of any application under paragraph (c); and
ii: applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
c: the holder of the existing coastal permit ( existing permit holder
i: for occupation of some or all of the same space; and
ii: for the same or another aquaculture activity; and
iii: accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
d: the application and any related applications are—
i: made to the appropriate consent authority; and
ii: made—
A: at least 6 months before the expiry of the existing coastal permit; or
B: in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.
2: If this section applies, then—
a: the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
b: no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
c: the holder may continue to operate under the existing coastal permit until—
i: a new coastal permit is granted and all appeals are determined; or
ii: a new coastal permit is declined and all appeals are determined. Section 165ZH replaced 1 October 2011 section 52 Resource Management Amendment Act (No 2) 2011
165ZI: Applications for space already used for aquaculture activities
1: This section applies to an application for a coastal permit to occupy space in the common marine and coastal area for
a: the application relates to space that is subject to a permit referred to in section 165ZH
b: the application is made by a person who is not the existing permit holder.
2: The application must be held by the consent authority without processing until 3 months before the expiry of the permit.
3: While the application is being held under subsection (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy
4: After receiving an application referred to in subsection (1), the council must notify the existing permit holder—
a: of the application; and
b: that the holder can make an application in accordance with section 165ZH(1)﻿(c)
5: If an application to which section 165ZH(1)﻿(c)
6: If the application to which section 165ZH(2)
7: If no application to which section 165ZH(2)
8: However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under section 165ZH(1)﻿(c) Section 165ZI inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Section 165ZI(1) amended 1 October 2011 section 53(1) Resource Management Amendment Act (No 2) 2011 Section 165ZI(3) amended 1 October 2011 section 53(2) Resource Management Amendment Act (No 2) 2011 Section 165ZI(4)﻿(b) amended 1 October 2011 section 53(3) Resource Management Amendment Act (No 2) 2011 Section 165ZI(5) amended 1 October 2011 section 53(4)﻿(a) Resource Management Amendment Act (No 2) 2011 Section 165ZI(5) amended 1 October 2011 section 53(4)﻿(b) Resource Management Amendment Act (No 2) 2011 Section 165ZI(8) amended 1 October 2011 section 53(5) Resource Management Amendment Act (No 2) 2011
165ZJ: Additional criteria for considering applications for permits for space already used for aquaculture activities
1AA: When considering an application under section 165ZH
1: When considering an application to which section 165ZH section 165ZI(7) or (8)
a: compliance with the relevant regional coastal plan; and
b: compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant.
c:
2: In making an assessment under subsection (1)﻿(a) and (b), the council must, in relation to any successful enforcement action under Part 12
a: the number of any breaches that have occurred; and
b: the seriousness of the breach; and
c: how recently the breach occurred; and
d: the subsequent behaviour of the applicant after enforcement action. Section 165ZJ inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Section 165ZJ(1AA) inserted 1 October 2011 section 54(1) Resource Management Amendment Act (No 2) 2011 Section 165ZJ(1) amended 1 October 2011 section 54(2) Resource Management Amendment Act (No 2) 2011 Section 165ZJ(1)﻿(c) repealed 1 October 2011 section 54(3) Resource Management Amendment Act (No 2) 2011
4: Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities
Subpart 4 inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZK: Application
This subpart applies only in relation to a rule in a regional coastal plan that,—
a: at the commencement of section 55
b: is still operative when a plan change request is made. Section 165ZK inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZL: Interpretation
In this subpart, unless the context otherwise requires,— concurrent application section 165ZN plan change request
a: made under clause 21 section 165ZK
i: to provide for aquaculture activities; and
ii: to make any related changes; and
b: made in conjunction with, or in contemplation of, a concurrent application. Section 165ZL inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZM: Other provisions of Act apply subject to this subpart
1: The provisions of this Act relating to consent applications and plan change requests apply to concurrent applications and plan change requests under this subpart subject to the provisions of this subpart.
2: Subsections (3) to (4) do not limit subsection (1).
3: Section 36AA and any regulations made under section 360(1)﻿(hj)
4: The following provisions of Part 6 sections 88A to 88E 91A 95 to 95G 96(7) 97 99 to 103A 115 121(1)﻿(c) Section 165ZM inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 Section 165ZM(4) amended 3 March 2015 section 107 Resource Management Amendment Act 2013
165ZN: Application for coastal permit to undertake aquaculture activities
1: An application for a coastal permit to undertake an aquaculture activity in the common marine and coastal area that otherwise could not be made because of section 87A(6)
a: the person making the application also makes a plan change request under clause 21
b: the application for the coastal permit is made—
i: at the same time as the plan change request is made; or
ii: if the plan change request is lodged with a regional council, within 20 working days after receiving the regional council's notification of its decision under clause 25(5)
c: the plan change request is to change—
i: the regional coastal plan to make the aquaculture activity in the common marine and coastal area a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity; and
ii: related matters (if any) in the regional coastal plan; and
d: the application for the coastal permit would be consistent with the plan change if the plan change request were accepted and made.
2: For the purposes of subsection (1)﻿(d), section 165ZW(1) Section 165ZN inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZO: Identifying plan change requests and concurrent applications
1: A concurrent application must identify the plan change request it relates to.
2: A plan change request must—
a: identify the concurrent application it relates to, if the plan change request and concurrent application are made at the same time; or
b: specify that it is intended to lodge a concurrent application subsequently, if the plan change request is accepted. Section 165ZO inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZP: Incomplete concurrent application
1: This section applies if a concurrent application is returned, under section 88(3A)
2: The regional council is not required to take any further action on the plan change request unless the application is lodged again within the time specified in subsection (3).
3: If the application is not lodged again within 20 working days after the date on which the applicant receives the returned application, the application and the plan change request lapse. Section 165ZP inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 Section 165ZP(1) amended 3 March 2015 section 108 Resource Management Amendment Act 2013
165ZQ: Additional consents
1: If the regional council makes a determination under section 91(1)
a: the expiry of the 10 section 88(3)
b: the day after the application is lodged again under section 165ZP(3) section 88(3A)
2: If the regional council determines that 1 or more further consents will be required, the regional council is not required to take any further action on the plan change request until the applications for the further consents have been lodged and accepted as complete under section 88(3) Section 165ZQ inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 Section 165ZQ(1)﻿(a) amended 3 March 2015 section 109(1) Resource Management Amendment Act 2013 Section 165ZQ(1)﻿(b) amended 3 March 2015 section 109(2) Resource Management Amendment Act 2013
165ZR: Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
1: If, under clause 25(4)
2: If, under clause 25(2)﻿(b)
3: If a plan change request is withdrawn or deemed to be withdrawn under clause 28 Section 165ZR inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZS: Consideration of plan change request
1: The regional council—
a: may not adopt a plan change request under clause 25(2)﻿(a)
b: may accept a plan change request under clause 25(2)﻿(b)
2: If the regional council accepts a plan change request, the person making the plan change request may, within 20 working days after being notified of the council's decision under clause 25(5)
a: if a concurrent application has been lodged with the plan change request and the plan change request has been modified under clause 24
i: amend the concurrent application; or
ii: withdraw the concurrent application and lodge a replacement concurrent application:
b: if a concurrent application has not been lodged with the plan change request, lodge a concurrent application. Section 165ZS inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZT: Notification of accepted plan change request
1: For the purposes of publicly notifying an accepted plan change request and its concurrent application under clause 26(b)﻿(i)
2: If a concurrent application has been lodged, the period begins on the day on which the regional council receives written confirmation from the applicant that the applications will not be amended or withdrawn.
3: If a concurrent application has been lodged but has been amended, or withdrawn and a replacement application lodged, the period begins on the day on which the regional council confirms to the applicant that the application as amended or the replacement application is complete and that no other resource consents are required.
4: If a concurrent application has not been lodged but is lodged after the plan change request is accepted by the regional council, the period begins on the day on which the regional council confirms to the applicant that the application is complete and that no other resource consents are required.
5: Notification of a plan change request under subsection (1) must also include notification of the concurrent application.
6: For the purposes of subsection (5), clause 5 Section 165ZT inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZU: Submissions on plan change request and concurrent application
1: The regional council must, in addition to preparing a summary of submissions on the plan change request, prepare a summary of submissions on the concurrent application.
2: Clause 7
3: However, no person may make further submissions under clause 8 Section 165ZU inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZV: Hearing of submissions
1: The regional council must hear, under clause 8B
2: For the purposes of clause 8C Section 165ZV inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZW: Type of activity in relation to concurrent activities
1: After a plan change request has been accepted and publicly notified, the regional council must process the concurrent application that the plan change request relates to on the basis that the activities for which the application is made are non-complying activities.
2: The concurrent application must be considered and determined on the basis that the activities for which the application is made are controlled activities, restricted discretionary activities, discretionary activities, or non-complying activities in accordance with the regional council's decision on the plan change request that the concurrent application relates to. Section 165ZW inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZX: Consideration of plan change request and concurrent application
1: A regional council considering a plan change request and its concurrent application made under subpart 4
a: firstly, determine matters in relation to the plan change request; and
b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.
2: A regional council must decline a concurrent application if, as a result of the council's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity. Section 165ZX inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZY: Regional council's decision on concurrent application
The regional council must make and publicly notify its decision on the concurrent application not later than the close of the 20th working day after publicly notifying its decision on the plan change request in accordance with clause 10(4) Section 165ZY inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZZ: Appeals
1: An appeal against a decision relating to the plan change request or the concurrent application or both must be lodged within 20 working days after the day on which the regional council publicly notifies its decision on the concurrent application.
2: If appeals are lodged against both the decision on the plan change request and the concurrent application, the appeals must be heard together. Section 165ZZ inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
165ZZA: Grant of coastal permit
1: If the regional council grants a concurrent application and issues a coastal permit, the commencement of the coastal permit under section 116A
2: If the Minister of Conservation declines to approve the plan change, the regional council must cancel the coastal permit. Section 165ZZA inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011
8: Designations and heritage orders
Designations
166: Definitions
In this Act— designation section 168 or section 168A clause 4 eligible infrastructure section 8 network utility operator
a: undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel,
b: operates or proposes to operate a network for the purpose of—
i: telecommunication as defined in section 5
ii: radiocommunication as defined in section 2(1)
c: is an electricity operator or electricity distributor as defined in section 2
d: undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
e: undertakes or proposes to undertake a drainage or sewerage system; or
f: constructs, operates, or proposes to construct or operate, a road or railway line; or
g: is an airport authority as defined by the Airport Authorities Act 1966
h: is a provider of any approach control service within the meaning of the Civil Aviation Act 1990
ha: is a responsible SPV that is constructing or proposing to construct eligible infrastructure; or
i: undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act,— and the words network utility operation public work requiring authority
a: a Minister of the Crown; or
b: a local authority; or
c: a network utility operator approved as a requiring authority under section 167 responsible infrastructure authority section 7 responsible SPV section 7 SPV Infrastructure Funding and Financing Act 2020
2: In this Part, work relates to the construction of eligible infrastructure
a: involves such construction for which an SPV has financial responsibility; or
b: is work—
i: that is required to facilitate the future construction of eligible infrastructure; and
ii: for which the local authority or the territorial authority giving notice of its requirement for a designation (under section 168 168A Section 166 heading replaced 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) designation amended 7 July 1993 section 83(1) Resource Management Amendment Act 1993 Section 166(1) eligible infrastructure inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) network utility operator amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 166(1) network utility operator replaced 20 December 2001 section 158 Telecommunications Act 2001 Section 166(1) network utility operator replaced 7 July 1993 section 83(2) Resource Management Amendment Act 1993 Section 166(1) network utility operator inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) public work inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) responsible infrastructure authority inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) responsible SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(2) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
167: Application to become requiring authority
1: A network utility operator may apply to the Minister in the prescribed form for approval as a requiring authority.
2: The Minister may make such inquiry into the application and request such information as he or she considers necessary.
3: The Minister may, by notice in the Gazette
a: a particular project or work; or
b: a particular network utility operation— on such terms and conditions (including provision of a bond) as are specified in the notice.
4: The Minister shall not issue a notice under subsection (3) unless he or she is satisfied that—
a: the approval of the applicant as a requiring authority is appropriate for the purposes of carrying on the project, work, or network utility operation; and
b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and will give proper regard to the interests of those affected and to the interests of the environment.
4A: If the applicant is a network utility operator described in paragraph (ha) of the definition of that term in section 166(1)
5: Where the Minister is satisfied that—
a: a requiring authority is unlikely to undertake or complete a project, work, or network utility operation for which approval as a requiring authority was given; or
b: a requiring authority is unlikely to satisfactorily carry out any responsibility as a requiring authority under this Act; or
c: a requiring authority is no longer a network utility operator— the Minister shall, by notice in the Gazette
6: Upon the revocation of an approval under subsection (5), all functions, powers, and duties of the former requiring authority under this Act in relation to any designation, or any requirement for a designation, shall be deemed to be transferred to the Minister under section 180 Section 167 replaced 7 July 1993 section 84 Resource Management Amendment Act 1993 Section 167(4A) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
168: Notice of requirement to territorial authority
1: A Minister of the Crown who, or a local authority which, has financial responsibility for a public work, may at any time give notice in the prescribed form
a: for a public work; or
b: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
2: A requiring authority for the purposes section 167 in the prescribed form
a: for a project or work; or
b: in respect of any land, water, subsoil, or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of such a project or work.
3: In addition, a local authority may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation for a work that relates to the construction of eligible infrastructure for which the local authority is a responsible infrastructure authority.
3:
4: A requiring authority may at any time withdraw a requirement by giving notice in writing to the territorial authority affected.
5: Upon receipt of notification under subsection (4), the territorial authority shall—
a: publicly notify the withdrawal; and
b: notify all persons upon whom the requirement has been served. Section 168(1) amended 1 August 2003 section 60(1) Resource Management Amendment Act 2003 Section 168(2) amended 1 August 2003 section 60(2) Resource Management Amendment Act 2003 Section 168(2) amended 7 July 1993 section 85(a) Resource Management Amendment Act 1993 Section 168(2)﻿(a) replaced 7 July 1993 section 85(b) Resource Management Amendment Act 1993 Section 168(3) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 168(3) repealed 1 August 2003 section 60(3) Resource Management Amendment Act 2003
168A: Notice of requirement by territorial authority
1: This section applies if a territorial authority decides to issue a notice of requirement for a designation—
a: for a public work within its district and for which it has financial responsibility; or
ab: for work within its district that relates to the construction of eligible infrastructure for which the territorial authority is a responsible infrastructure authority; or
b: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
1A: The territorial authority must decide whether to notify the notice of requirement under—
a: subsection (1AA); or
b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF
i: a reference to an application or notice were a reference to the notice of requirement; and
ii: a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and
iii: a reference to an activity were a reference to the designation.
1AA: Despite section 149ZCB(1)
a: it has not already decided whether to give public or limited notification of the notice; and
b: either—
i: further information is requested from the territorial authority under section 92(1)
A: does not provide the information before the deadline concerned; or
B: refuses to provide the information; or
ii: the territorial authority is notified under section 92(2)﻿(b)
A: does not respond before the deadline concerned; or
B: refuses to agree to the commissioning of the report.
1AB: Subsection (1AA) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
1B: Section 168
2: Sections 96 97 99 to 103
a: a reference to a resource consent were a reference to the requirement; and
b: a reference to an applicant or a consent authority were a reference to the territorial authority; and
c: a reference to an application for a resource consent were a reference to the notice of requirement; and
d: a reference to an activity were a reference to the designation.
2AA: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B
2A: When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition.
3: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2
a: any relevant provisions of—
i: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement or proposed regional policy statement:
iv: a plan or proposed plan; and
b: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
i: the requiring authority does not have an interest in the land sufficient for undertaking the work; or
ii: it is likely that the work will have a significant adverse effect on the environment; and
c: whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
d: any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
3A: The effects to be considered under subsection (3) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the requirement, as long as those effects result from measures proposed or agreed to by the requiring authority.
4: The territorial authority may decide to—
a: confirm the requirement:
b: modify the requirement:
c: impose conditions:
d: withdraw the requirement.
5: Sections 173 174 175 Section 168A inserted 7 July 1993 section 86 Resource Management Amendment Act 1993 Section 168A(1) replaced 1 October 2009 section 102 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 168A(1)﻿(ab) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 168A(1A) replaced 18 October 2017 section 157(1) Resource Legislation Amendment Act 2017 Section 168A(1AA) inserted 18 October 2017 section 157(1) Resource Legislation Amendment Act 2017 Section 168A(1AB) inserted 18 October 2017 section 157(1) Resource Legislation Amendment Act 2017 Section 168A(1B) inserted 1 October 2009 section 102 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 168A(2) replaced 18 October 2017 section 157(2) Resource Legislation Amendment Act 2017 Section 168A(2AA) inserted 3 March 2015 section 110 Resource Management Amendment Act 2013 Section 168A(2A) inserted 1 October 2009 section 102 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 168A(3) replaced 1 August 2003 section 61(3) Resource Management Amendment Act 2003 Section 168A(3A) inserted 18 October 2017 section 157(3) Resource Legislation Amendment Act 2017 Section 168A(4) replaced 1 August 2003 section 61(3) Resource Management Amendment Act 2003 Section 168A(5) inserted 1 August 2003 section 61(3) Resource Management Amendment Act 2003
169: Further information, notification, submissions, and hearing for notice of requirement to territorial authority
1: If a territorial authority is given notice of a requirement under section 168
a: subsection (1A); or
b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF
i: a reference to an application or notice were a reference to the notice of requirement; and
ii: a reference to an applicant were a reference to the requiring authority; and
iii: a reference to the Minister or the EPA were a reference to the territorial authority; and
iv: a reference to an activity were a reference to the designation.
1A: Despite section 149ZCB(1)
a: it has not already decided whether to give public or limited notification of the notice; and
b: either—
i: the territorial authority requests further information from the requiring authority under section 92(1)
A: does not provide the information before the deadline concerned; or
B: refuses to provide the information; or
ii: the territorial authority notifies the requiring authority under section 92(2)﻿(b)
A: does not respond before the deadline concerned; or
B: refuses to agree to the commissioning of the report.
1B: Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
2: Unless the territorial authority applies section 170 sections 92 to 92B 96 to 103
a: a reference to a resource consent were a reference to the requirement; and
b: a reference to an applicant were a reference to the requiring authority; and
c: a reference to an application for a resource consent were a reference to the notice of requirement; and
d: a reference to a consent authority were a reference to the territorial authority; and
e: a reference to an activity were a reference to the designation; and
f: a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 171
3: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B Section 169 replaced 1 October 2009 section 103 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 169(1) replaced 18 October 2017 section 158(1) Resource Legislation Amendment Act 2017 Section 169(1A) inserted 18 October 2017 section 158(1) Resource Legislation Amendment Act 2017 Section 169(1B) inserted 18 October 2017 section 158(1) Resource Legislation Amendment Act 2017 Section 169(2) replaced 18 October 2017 section 158(2) Resource Legislation Amendment Act 2017 Section 169(3) inserted 3 March 2015 section 111(3) Resource Management Amendment Act 2013
170: Discretion to include requirement in proposed plan
1: If a territorial authority is given notice of a requirement under section 168 clause 5 section 169
2: To obtain consent for the purposes of subsection (1)
a: notify the requiring authority as to which planning process it intends to use under Schedule 1
b: seek the consent of the requiring authority to use that planning process for considering the requirement.
c: Where proposal is to use collaborative planning process
3:
4:
5:
6: Where proposal is to use streamlined planning process
7: Subsection (8) applies if a territorial authority—
a: receives a notice of requirement under section 168
b: within 40 working days of receiving that notice of requirement, proposes to apply to the responsible Minister under section 80C
8: If this subsection applies, the territorial authority may, if the requiring authority consents, include in its application to the responsible Minister the requirement as well as the matters that will be the subject of the proposed planning instrument, instead of complying with section 169 Section 170(1) amended 19 April 2017 section 97(1) Resource Legislation Amendment Act 2017 Section 170(2) inserted 19 April 2017 section 97(2) Resource Legislation Amendment Act 2017 Section 170(2) amended 1 July 2020 section 57(1) Resource Management Amendment Act 2020 Section 170(2)﻿(b) replaced 1 July 2020 section 57(2) Resource Management Amendment Act 2020 Section 170(2)﻿(c) repealed 1 July 2020 section 57(2) Resource Management Amendment Act 2020 Section 170(3) heading repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(3) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(4) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(5) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(6) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(7) inserted 19 April 2017 section 97(2) Resource Legislation Amendment Act 2017 Section 170(8) inserted 19 April 2017 section 97(2) Resource Legislation Amendment Act 2017
171: Recommendation by territorial authority
1A: When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition.
1: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2
a: any relevant provisions of—
i: a national policy statement:
ii: a New Zealand coastal policy statement:
iii: a regional policy statement or proposed regional policy statement:
iv: a plan or proposed plan; and
b: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
i: the requiring authority does not have an interest in the land sufficient for undertaking the work; or
ii: it is likely that the work will have a significant adverse effect on the environment; and
c: whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
d: any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement.
1B: The effects to be considered under subsection (1) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.
2: The territorial authority may recommend to the requiring authority that it—
a: confirm the requirement:
b: modify the requirement:
c: impose conditions:
d: withdraw the requirement.
2A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the territorial authority may not recommend imposing a condition requiring a financial contribution (as defined in section 108(9)
3: The territorial authority must give reasons for its recommendation under subsection (2). Section 171 replaced 1 August 2003 section 63 Resource Management Amendment Act 2003 Section 171(1A) inserted 1 October 2009 section 104 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 171(1B) inserted 18 October 2017 section 159 Resource Legislation Amendment Act 2017 Section 171(2A) inserted 1 July 2020 section 58 Resource Management Amendment Act 2020
172: Decision of requiring authority
1: Within 30 working days of the day on which it receives a territorial authority's recommendation under section 171
2: A requiring authority may modify a requirement if, and only if, that modification is recommended by the territorial authority or is not inconsistent with the requirement as notified.
3: Where a requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority shall give reasons for its decision.
173: Notification of decision on designation
1: A territorial authority must ensure that, within 15 working days after a decision is made by a requiring authority under section 172
a: persons who made a submission; and
b: land owners and occupiers directly affected by the decision.
2: If the territorial authority gives a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received. Section 173 replaced 1 August 2003 section 64 Resource Management Amendment Act 2003
174: Appeals
1: Any 1 or more of the following persons may appeal to the Environment Court section 172
a: the territorial authority concerned:
b: any person who made a submission on the requirement.
2: Notice of an appeal under this section shall—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required to be stated by regulations; and
c: be lodged with the Environment Court section 173
3: The appellant shall ensure that a copy of the notice of appeal is served on every person referred to in subsection (1) (other than the appellant), within 5 working days after the notice is lodged with the court
4: In determining an appeal, the Environment Court must have regard to the matters set out in section 171(1)
a: cancel a requirement; or
b: confirm a requirement; or
c: confirm a requirement, but modify it or impose conditions on it as the court thinks fit.
5: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (4)﻿(c) requiring a financial contribution (as defined in section 108(9) Section 174(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 174(2)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 174(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 174(4) replaced 1 October 2009 section 105 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 174(5) inserted 1 July 2020 section 59 Resource Management Amendment Act 2020
175: Designation to be provided for in district plan
1: Subsection (2) applies to a territorial authority if—
a: a requiring authority makes a decision under section 172
i: no appeal is lodged against the requiring authority's decision within the time permitted by section 174(2)﻿(c)
ii: an appeal is lodged against the requiring authority's decision under section 174
iii: an appeal is lodged against the requiring authority's decision and the Environment Court confirms or modifies the requirement; or
b: a board of inquiry decides to confirm a requirement with or without modifications under section 149R
c: the Environment Court decides to confirm a requirement with or without modifications under section 149U 198E 198K
2: The territorial authority must, as soon as practicable and without using Schedule 1
a: include the designation in its district plan and any proposed district plan as if it were a rule in accordance with the requirement as issued or modified in accordance with this Act; and
b: state in its district plan and in any proposed district plan the name of the requiring authority that has the benefit of the designation. Section 175 replaced 1 October 2009 section 106 Resource Management (Simplifying and Streamlining) Amendment Act 2009
176: Effect of designation
1: If a designation is included in a district plan, then—
a: section 9(3)
b: no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including—
i: undertaking any use of the land
ii: subdividing the land; and
iii: changing the character, intensity, or scale of the use of the land.
2: The provisions of a district or proposed district plan
3: This section is subject to section 177 Section 176(1) replaced 1 August 2003 section 65 Resource Management Amendment Act 2003 Section 176(1)﻿(a) amended 1 October 2009 section 107(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 176(1)﻿(b)﻿(i) amended 1 October 2009 section 107(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 176(2) amended 17 December 1997 section 37(2) Resource Management Amendment Act 1997 Section 176(2) amended 7 July 1993 section 90(2) Resource Management Amendment Act 1993
176A: Outline plan
1: Subject to subsection (2), an outline plan of the public work, project, or work to be constructed on designated land must be submitted by the requiring authority to the territorial authority to allow the territorial authority to request changes before construction is commenced.
2: An outline plan need not be submitted to the territorial authority if—
a: the proposed public work, project, or work has been otherwise approved under this Act; or
b: the details of the proposed public work, project, or work, as referred to in subsection (3), are incorporated into the designation; or
c: the territorial authority waives the requirement for an outline plan.
3: An outline plan must show—
a: the height, shape, and bulk of the public work, project, or work; and
b: the location on the site of the public work, project, or work; and
c: the likely finished contour of the site; and
d: the vehicular access, circulation, and the provision for parking; and
e: the landscaping proposed; and
f: any other matters to avoid, remedy, or mitigate any adverse effects on the environment.
4: Within 20 working days after receiving the outline plan, the territorial authority may request the requiring authority to make changes to the outline plan.
5: If the requiring authority decides not to make the changes requested under subsection (4), the territorial authority may, within 15 working days after being notified of the requiring authority's decision, appeal against the decision to the Environment Court.
6: In determining any such appeal, the Environment Court must consider whether the changes requested by the territorial authority will give effect to the purpose of this Act.
7: This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority. Section 176A inserted 17 December 1997 section 38 Resource Management Amendment Act 1997
177: Land subject to existing designation or heritage order
1: Subject to sections 9(2) 11 to 15
a: the requiring authority responsible for the later designation may do anything that is in accordance with
b: the authority responsible for the earlier designation or order may, notwithstanding section 176(1)﻿(b) in accordance with
2: The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied—
a: that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or
b: that in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order. Section 177(1) amended 1 October 2009 section 108 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 177(1) amended 7 July 1993 section 91(a) Resource Management Amendment Act 1993 Section 177(1) amended 7 July 1993 section 91(b) Resource Management Amendment Act 1993 Section 177(1)﻿(a) amended 7 July 1993 section 91(c) Resource Management Amendment Act 1993 Section 177(1)﻿(b) amended 7 July 1993 section 91(c) Resource Management Amendment Act 1993
178: Interim effect of requirements for designations
1: This section applies when—
a: a requiring authority gives notice of a requirement for a designation to the EPA under section 145
b: a requiring authority gives notice of a requirement for a designation to a territorial authority under section 168
c: a territorial authority decides to issue a notice of requirement for a designation within its own district under section 168A
d: a requiring authority gives notice of a requirement for a modified designation under clause 4
e: a territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4
2: In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would prevent or hinder the public work, project, or work to which the designation relates unless the person has the prior written consent of the requiring authority.
3: The period starts,—
a: for the purposes of subsection (1)﻿(a), on the day on which the requiring authority gives notice under section 145
b: for the purposes of subsection (1)﻿(b), on the day on which the requiring authority gives notice of the requirement under section 168
c: for the purposes of subsection (1)﻿(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 168A
d: for the purposes of subsection (1)﻿(d), on the day on which the requiring authority gives notice of the requirement for the modified designation under clause 4
e: for the purposes of subsection (1)﻿(e), on the day on which the territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4
4: The period ends on the earliest of the following days:
a: the day on which the requirement is withdrawn:
b: the day on which the requirement is cancelled:
c: the day on which the designation is included in the district plan.
5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement.
6: This section does not prevent an authority responsible for an earlier designation or heritage order from doing anything that is in accordance with the earlier designation or order. Section 178 replaced 1 October 2009 section 109 Resource Management (Simplifying and Streamlining) Amendment Act 2009
179: Appeals relating to sections 176 to 178
1: Any person who has been refused consent by a requiring authority under section 176(1)﻿(b) 177(2) 178(2) Environment Court
2: Notice of an appeal under this section shall—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required to be stated by regulations; and
c: be lodged with the Environment Court section 176(1)﻿(b) 177(2) 178(2)
3: In considering an appeal under this section, the court
a: whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
b: whether the decision appealed against would render the land which is subject to the designation or requirement incapable of reasonable use; and
c: the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation— and may confirm or reverse the decision appealed against or modify the decision in such manner as the court Section 179(1) amended 1 October 2009 section 110(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 179(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 179(2)﻿(c) amended 1 October 2009 section 110(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 179(2)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 179(3) replaced 7 July 1993 section 93 Resource Management Amendment Act 1993 Section 179(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
180: Transfer of rights and responsibilities for designations
1: Where the financial responsibility for a project or work or network utility operation is transferred from one requiring authority to another, responsibility for any relevant designation shall also be transferred.
2: The requiring authority which transfers responsibility for the designation shall advise the Minister for the Environment and the relevant territorial authority, and, for the purposes of section 175(2)﻿(b) using the process in Schedule 1 Section 180 replaced 7 July 1993 section 94 Resource Management Amendment Act 1993 Section 180(2) amended 1 October 2009 section 111 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 180(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
180A: When financial responsibility is transferred to responsible SPV
1: This section applies if—
a: a local authority or territorial authority holds a designation for work that relates to the construction of eligible infrastructure within the meaning of paragraph (b) of the definition of relates to the construction of eligible infrastructure in section 166(2)
b: a responsible SPV has taken over, or proposes to take over, the construction; and
c: a designation continues to be required for the construction; and
d: the responsible SPV is not a requiring authority; and
e: the authority is the responsible infrastructure authority in relation to the construction.
2: The designation continues to apply to the construction work.
3: The responsible infrastructure authority may, by written notice, delegate to the responsible SPV those functions, duties, and powers in relation to the designation that relate to the construction of eligible infrastructure.
4: The responsible SPV must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions attached to the designation.
5: A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority. Section 180A inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
181: Alteration of designation
1: A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation.
2: Subject to subsection (3), sections 168 to 179 and 198AA to 198AD
3: A territorial authority may at any time alter a designation in its district plan or a requirement in its proposed district plan
a: the alteration—
i: involves no more than a minor change to the effects on the environment associated with the use or proposed use of land or any water concerned; or
ii: involves only minor changes or adjustments to the boundaries of the designation or requirement
b: written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and
c: both the territorial authority and the requiring authority agree with the alteration— and sections 168 to 179 and 198AA to 198AD alteration
4: This section shall apply, with all necessary modifications, to a requirement by a territorial authority to alter its own designation or requirement Section 181(2) amended 3 March 2015 section 112 Resource Management Amendment Act 2013 Section 181(3) amended 3 March 2015 section 112 Resource Management Amendment Act 2013 Section 181(3) amended 1 August 2003 section 66(1) Resource Management Amendment Act 2003 Section 181(3) amended 1 August 2003 section 66(3) Resource Management Amendment Act 2003 Section 181(3)﻿(a)﻿(ii) amended 1 August 2003 section 66(2) Resource Management Amendment Act 2003 Section 181(4) inserted 7 July 1993 section 95 Resource Management Amendment Act 1993 Section 181(4) amended 1 August 2003 section 66(4) Resource Management Amendment Act 2003
182: Removal of designation
1: If a requiring authority no longer wants a designation or part of a designation, it shall give notice in the prescribed form to—
a: the territorial authority concerned; and
b: every person who is known by the requiring authority to be the owner or occupier of any land to which the designation relates; and
c: every other person who, in the opinion of the requiring authority, is likely to be affected by the designation.
2: As soon as reasonably practicable after receiving a notice under subsection (1), the territorial authority shall, without using the process in Schedule 1
3: The provisions of Schedule 1
4: This section shall apply, with all necessary modifications, to a notice by a territorial authority to withdraw its own designation or part of a designation within its own district.
5: Notwithstanding subsections (2) to (4), where a territorial authority considers the effect of the removal of part of a designation on the remaining designation is more than minor, it may, within 20 working days of receipt of the notice under subsection (1), decline to remove that part of the designation.
6: A requiring authority may object, under section 357 Section 182 replaced 7 July 1993 section 96 Resource Management Amendment Act 1993 Section 182(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
183: Review of designation which has not lapsed
Section 183 repealed 7 July 1993 section 97 Resource Management Amendment Act 1993
184: Lapsing of designations which have not been given effect to
1: A designation lapses on the expiry of 5 years after the date on which it is included in the district plan
a: it is given effect to before the end of that period; or
b: the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made and fixes a longer period for the purposes of this subsection; or
c: the designation specified a different period when incorporated in the plan.
2: Where paragraph (b) or paragraph (c) of subsection (1) applies in respect of a designation, the designation shall lapse on the expiry of the period referred to in that paragraph unless—
a: it is given effect to before the end of that period; or
b: the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made and fixes a longer period for the purposes of this subsection.
3: A requiring authority may object, under section 357 Section 184(1) amended 7 July 1993 section 98 Resource Management Amendment Act 1993 Section 184(3) inserted 10 August 2005 section 90 Resource Management Amendment Act 2005
184A: Lapsing of designations of territorial authority in its own district
1: Section 184
2: A designation of a territorial authority in its own district lapses on the expiry of 5 years after the date on which it is included in the district plan unless—
a: it is given effect to before the end of that period; or
b: within 3 months before the expiry of that period, the territorial authority resolves that it has made, and is continuing to make, substantial progress or effort towards giving effect to the designation and fixes a longer period for the purposes of this subsection; or
c: the designation specified a different period when incorporated in the plan.
3: Where paragraph (b) or paragraph (c) of subsection (2) applies in respect of a designation, the designation shall lapse on the expiry of the period referred to in whichever of those paragraphs is applicable, unless—
a: it is given effect to before the end of that period; or
b: within 3 months before the expiry of that period, the territorial authority resolves that it has made, and is continuing to make, substantial progress or effort towards giving effect to the designation and fixes a longer period for the purpose of this subsection. Section 184A inserted 7 July 1993 section 99 Resource Management Amendment Act 1993
185: Environment Court
1: An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or requirement under this Part may apply at any time to the Environment Court Public Works Act 1981
2: An application under subsection (1) shall be in the prescribed form and a copy of the application shall be served upon the requiring authority and the relevant territorial authority by the applicant.
3: The Environment Court
a: the owner has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the designation or requirement at a price not less than the market value that the land would have had if it had not been subject to the designation or requirement; and
b: either—
i: the designation or requirement prevents reasonable use of the owner's estate or interest in the land; or
ii: the applicant was the owner, or the spouse , civil union partner, or de facto partner
4: Before making an order under subsection (1) the court
5: If the Environment Court Public Works Act 1981 section 17
6: Where subsection (5) applies in respect of a requiring authority which is a network utility operator approved under section 167
a: any agreement shall be deemed to have been entered into with the Minister of Lands on behalf of the network utility operator as if the land were required for a government work; and
b: all costs and expenses incurred by the Minister of Lands in respect of the acquisition of the land shall be recoverable from the network utility operator as a debt due to the Crown.
7: The amount of compensation payable for an estate or interest in land ordered to be taken under this section shall be assessed as if the designation or requirement had not been created. Section 185 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 185(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 185(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 185(3)﻿(b)﻿(ii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 185(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 185(5) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
186: Compulsory acquisition powers
1: A network utility operator that is a requiring authority may apply to the Minister of Lands to have land required for a project or work acquired or taken under Part 2
2: The effect of any Proclamation taking land for the purposes of subsection (1) shall be to vest the land in the network utility operator instead of the Crown.
3: Land which is subject to a heritage order shall not be taken without the consent of the heritage protection authority.
4: Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on such terms and conditions (including price) as may be agreed, be set apart for a project or work of a network utility operator in the manner provided in sections 50 52 sections 40 41
5: Any claim for compensation under the Public Works Act 1981
6: All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) shall be recoverable from the network utility operator as a debt due to the Crown.
7: Sections 40 41
7A: This section does not apply if—
a: the network utility operator is a responsible SPV; and
b: the land is protected Māori land.
8: For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land. Section 186(1) replaced 1 August 2003 section 67 Resource Management Amendment Act 2003 Section 186(7A) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Heritage orders
187: Meaning of heritage order and heritage protection authority
In this Act— heritage order section 189 section 189A heritage protection authority
a: any Minister of the Crown including—
i: the Minister of Conservation acting either on his or her own motion or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and
ii: the Minister for Māori Development
b: a local authority acting either on its own motion or on the recommendation of an iwi authority:
c: Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 13(1)﻿(i)
d: a body corporate section 188 Section 187 heritage order amended 7 July 1993 section 100(1) Resource Management Amendment Act 1993 Section 187 heritage protection authority amended 1 July 2020 section 60 Resource Management Amendment Act 2020 Section 187 heritage protection authority replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 187 heritage protection authority amended 7 July 1993 section 100(2) Resource Management Amendment Act 1993
188: Application to become
1: Any body corporate having an interest in the protection of any place may apply to the Minister in the prescribed form for approval as a heritage protection authority for the purpose of protecting that place.
2: For the purpose of this section, and sections 189 191 place
3: The Minister may make such inquiry into the application and request such information as he or she considers necessary.
4: The Minister may, by notice in the Gazette
5: The Minister shall not issue a notice under subsection (4) unless he or she is satisfied that—
a: the approval of the applicant as a heritage protection authority is appropriate for the protection of the place that is the subject of the application; and
b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.
6: Where the Minister is satisfied that—
a: a heritage protection authority is unlikely to continue to satisfactorily protect the place for which approval as a heritage protection authority was given; or
b: a heritage protection authority is unlikely to satisfactorily carry out any responsibility as a heritage protection authority under this Act,— the Minister shall, by notice in the Gazette
7: Upon—
a: the revocation of the approval of a body corporate under subsection (6); or
b: the dissolution of any body corporate approved as a heritage protection authority under subsection (4)— all functions, powers, and duties of the body corporate under this Act in relation to any heritage order, or requirement for a heritage order, shall be deemed to be transferred to the Minister under section 192
8: Section 188 heading amended 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(3) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(4) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(5) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(6) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(7) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(8) repealed 7 July 1993 section 101 Resource Management Amendment Act 1993
189: Notice of requirement to territorial authority
1: A heritage protection authority may give notice in the prescribed form
a: any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons; and
b: such area of land (if any) surrounding that place as is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place.
1A: However, a heritage protection authority that is a body corporate approved under section 188
2: For the purposes of this section, a place may be of special interest by having special cultural, architectural, historical, scientific, ecological, or other interest.
3:
4: A heritage protection authority may withdraw a requirement under this section by giving notice in writing to the territorial authority affected.
5: Upon receipt of notification under subsection (4), the territorial authority shall—
a: publicly notify the withdrawal; and
b: notify all persons upon whom the requirement has been served.
6: In this section,— Crown
a: the Sovereign in right of New Zealand; and
b: departments of State; and
c: State enterprises named in Schedule 1
d: Crown entities within the meaning of section 7
e: the mixed ownership model companies named in Schedule 5
f: local authorities within the meaning of the Local Government Act 2002 private land
a: means any land held in fee simple by any person other than the Crown; and
b: includes—
i: Maori land within the meaning of section 4
ii: land held by a person under a lease or licence granted to the person by the Crown. Section 189(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 189(1A) inserted 19 April 2017 section 98(1) Resource Legislation Amendment Act 2017 Section 189(3) repealed 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 189(6) inserted 19 April 2017 section 98(2) Resource Legislation Amendment Act 2017
189A: Notice of requirement for heritage order by territorial authority
1: This section applies if a territorial authority decides to issue a notice of requirement for a heritage order within its own district for the purposes described in section 189(1) and (2)
2: The territorial authority must decide whether to notify the notice of requirement under—
a: subsection (2A); or
b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF
i: a reference to an application or notice were a reference to the notice of requirement; and
ii: a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and
iii: a reference to an activity were a reference to the heritage order.
2A: Despite section 149ZCB(1)
a: it has not already decided whether to give public or limited notification of the notice; and
b: either—
i: further information is requested from the territorial authority under section 92(1)
A: does not provide the information before the deadline concerned; or
B: refuses to provide the information; or
ii: the territorial authority is notified under section 92(2)﻿(b)
A: does not respond before the deadline concerned; or
B: refuses to agree to the commissioning of the report.
2B: Subsection (2A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
3: Section 189
4: If the requirement is publicly notified, any person may make a submission about it to the territorial authority.
5: If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority.
6: A submission must be in the prescribed form.
7: A submission must be served on the territorial authority within the time allowed by section 97
8: A submission may state whether—
a: it supports the requirement; or
b: it opposes the requirement; or
c: it is neutral.
9: Sections 99 to 103
a: a reference to a resource consent were a reference to the requirement; and
b: a reference to an applicant or a consent authority were a reference to the territorial authority; and
c: a reference to an application for a resource consent were a reference to the notice of requirement; and
d: a reference to an activity were a reference to the heritage order.
9A: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B
10: In considering the requirement, the territorial authority must have regard to—
a: the matters set out in section 191
b: all submissions.
11: The territorial authority may—
a: confirm the requirement, with or without conditions; or
b: modify the requirement, with or without conditions; or
c: withdraw the requirement. Section 189A replaced 1 October 2009 section 112 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 189A(2) replaced 18 October 2017 section 160(1) Resource Legislation Amendment Act 2017 Section 189A(2A) inserted 18 October 2017 section 160(1) Resource Legislation Amendment Act 2017 Section 189A(2B) inserted 18 October 2017 section 160(1) Resource Legislation Amendment Act 2017 Section 189A(9) replaced 18 October 2017 section 160(2) Resource Legislation Amendment Act 2017 Section 189A(9A) inserted 3 March 2015 section 113 Resource Management Amendment Act 2013
190: Further information, notification, submissions, and hearing for notice of requirement to territorial authority
1: If a territorial authority is given a notice of requirement under section 189
a: subsection (1A); or
b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF
i: a reference to an application or notice were a reference to the notice of requirement; and
ii: a reference to an applicant were a reference to the heritage protection authority; and
iii: a reference to the Minister or the EPA were a reference to the territorial authority; and
iv: a reference to an activity were a reference to the heritage order.
1A: Despite section 149ZCB(1)
a: it has not already decided whether to give public or limited notification of the notice; and
b: either—
i: the territorial authority requests further information from the heritage protection authority under section 92(1), but the heritage protection authority—
A: does not provide the information before the deadline concerned; or
B: refuses to provide the information; or
ii: the territorial authority notifies the heritage protection authority under section 92(2)﻿(b)
A: does not respond before the deadline concerned; or
B: refuses to agree to the commissioning of the report.
1B: Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.
2: If the requirement is publicly notified, any person may make a submission about it to the territorial authority.
3: If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority.
4: A submission must be in the prescribed form.
5: A submission must be served on the territorial authority within the time allowed by section 97
6: A submission may state whether—
a: it supports the requirement; or
b: it opposes the requirement; or
c: it is neutral.
7: Sections 92 to 92B 98 to 103
a: a reference to a resource consent were a reference to the requirement; and
b: a reference to an applicant were a reference to the heritage protection authority; and
c: a reference to an application for a resource consent were a reference to the notice of requirement; and
d: a reference to a consent authority were a reference to the territorial authority; and
e: a reference to an activity were a reference to the heritage order; and
f: a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 191
8: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B Section 190 replaced 1 October 2009 section 113 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 190(1) replaced 18 October 2017 section 161(1) Resource Legislation Amendment Act 2017 Section 190(1A) inserted 18 October 2017 section 161(1) Resource Legislation Amendment Act 2017 Section 190(1B) inserted 18 October 2017 section 161(1) Resource Legislation Amendment Act 2017 Section 190(7) replaced 18 October 2017 section 161(2) Resource Legislation Amendment Act 2017 Section 190(8) inserted 3 March 2015 section 114(3) Resource Management Amendment Act 2013
191: Recommendation by territorial authority
1: Subject to Part 2 section 189 section 189 and reports with which the authority is supplied
a: whether the place merits protection; and
b: whether the requirement is reasonably necessary for protecting the place to which the requirement relates; and
c: whether the inclusion in the requirement of any area of land surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place; and
d: all relevant provisions of any national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, or district plan; and
e: section 189(1)
f: as appropriate, management plans or strategies approved under any other Act which relate to the place.
2: After considering a requirement made under section 189
a: that the requirement be confirmed, with or without modifications; or
b: that the requirement be withdrawn.
3: In recommending the confirmation of a requirement under subsection (2)﻿(a), the territorial authority may recommend the imposition of—
a: a condition that the heritage protection authority reimburse the owner of the place for any additional costs of upkeep of the place required as a result of the making of the heritage order:
b: such other conditions as the territorial authority considers appropriate.
4: The territorial authority shall give reasons for a recommendation made under subsection (2). Section 191(1) amended 1 October 2009 section 114 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 191(1) amended 7 July 1993 section 104(a) Resource Management Amendment Act 1993 Section 191(1)﻿(e) amended 7 July 1993 section 104(b) Resource Management Amendment Act 1993
192: Application of other sections
The following sections shall, with all necessary modifications, apply in respect of a requirement under section 189 189A section 171 section 191
a: section 172
aa: section 170
b: section 173
c: section 174
d: section 175
e: section 180
f: Section 192 amended 7 July 1993 section 105(1) Resource Management Amendment Act 1993 Section 192(aa) inserted 7 July 1993 section 105(2) Resource Management Amendment Act 1993 Section 192(f) repealed 1 October 2009 section 115 Resource Management (Simplifying and Streamlining) Amendment Act 2009
193: Effect of heritage order
Where a heritage order is included in a district plan then, regardless of the provisions of any plan or resource consent, no person may, without the prior written consent of the relevant heritage protection authority named in the plan in respect of the order, do anything including—
a: undertaking any use of land
b: subdividing any land; and
c: changing the character, intensity, or scale of the use of any land— that would wholly or partly nullify the effect of the heritage order. Section 193(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
193A: Land subject to existing heritage order or designation
1: Subject to sections 9(2) 11 to 15
a: the heritage protection authority responsible for the later heritage order may do anything that is in accordance with that heritage order only if that authority has first obtained the written consent of the authority responsible for the earlier order or designation; and
b: the authority responsible for the earlier order or designation may, notwithstanding section 193
2: The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied—
a: that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or
b: that in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order. Section 193A inserted 7 July 1993 section 106 Resource Management Amendment Act 1993 Section 193A(1) amended 1 October 2009 section 116 Resource Management (Simplifying and Streamlining) Amendment Act 2009
194: Interim effect of requirement
1: This section applies when—
a: a heritage protection authority gives notice of a requirement for a heritage order to the EPA under section 145
b: a heritage protection authority gives notice of a requirement for a heritage order to a territorial authority under section 189
c: a territorial authority decides to issue a notice of requirement for a heritage order within its own district under section 189A
d: a territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4
2: In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would wholly or partly nullify the effect of the heritage order unless the person has the prior written consent of the heritage protection authority.
3: The period starts,—
a: for the purposes of subsection (1)﻿(a), on the day on which the heritage protection authority gives notice under section 145
b: for the purposes of subsection (1)﻿(b), on the day on which the heritage protection authority gives notice of the requirement under section 189
c: for the purposes of subsection (1)﻿(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 189A
d: for the purposes of subsection (1)﻿(d), on the day on which the territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4
4: The period ends on the earliest of the following days:
a: the day on which the requirement is withdrawn:
b: the day on which the requirement is cancelled:
c: the day on which the heritage order is included in the district plan.
5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement. Section 194 replaced 1 October 2009 section 117 Resource Management (Simplifying and Streamlining) Amendment Act 2009
195: Appeals relating to sections 193 and 194
1: Any person who—
a: proposes to do anything in relation to land that is subject to a heritage order or requirement for a purpose which, but for the heritage order or requirement, would be lawful; and
b: has been refused consent to undertake that use by a heritage protection authority under section 193 section 194 may appeal to the Environment Court
2: Notice of an appeal under this section shall—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required to be stated by regulations; and
c: be lodged with the Environment Court section 193 section 194
3: In considering an appeal under this section, the court
a: whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
b: whether the decision appealed against would render the land which is subject to the heritage order or requirement incapable of reasonable use; and
c: the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or heritage order— and may confirm or reverse the decision appealed against or modify the decision in such manner as the court Section 195(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 195(2)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 195(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
195A: Alteration of heritage order
1: A heritage protection authority that is responsible for a heritage order may at any time give notice to the territorial authority of its requirement to alter the heritage order.
2: Sections 189 to 195 and 198AA to 198AD
3: However, a territorial authority may at any time alter a heritage order in its district plan or a requirement in its proposed district plan if—
a: the alteration—
i: involves no more than a minor change to the effects on the environment associated with the heritage order concerned; or
ii: involves only minor changes or adjustments to the boundaries of the heritage order or requirement; and
b: written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and
c: the territorial authority and the heritage protection authority agree with the alteration.
4: Sections 189 to 195 and 198AA to 198AD
5: This section applies, with all necessary modifications, to a requirement by a territorial authority to alter its own heritage order or requirement within its own district. Section 195A inserted 1 October 2009 section 118 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 195A(2) amended 3 March 2015 section 115 Resource Management Amendment Act 2013 Section 195A(4) amended 3 March 2015 section 115 Resource Management Amendment Act 2013
195B: Transfer of heritage order
1: The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage order to another heritage protection authority.
2: However, the Minister must not exercise the power under subsection (1) if—
a: the heritage order relates to private land; and
b: the transfer of the order is to a body corporate approved under section 188
3: In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—
a: the heritage values of the place or area subject to the heritage order; and
b: the reasonable use of the place or area despite it being subject to a heritage order; and
c: any other matters that the Minister considers relevant, such as—
i: the effect of the heritage order on the property rights of the owner and occupier (if any) of the place or area:
ii: the ability of the heritage protection authority to whom the Minister proposes to transfer the heritage order to protect the place or area.
4: Before the Minister may make a determination to transfer responsibility for a heritage order under this section, the Minister must serve written notice of the Minister’s intention to do so on—
a: the heritage protection authority currently responsible for the heritage order; and
b: the heritage protection authority to whom the Minister proposes to transfer that responsibility; and
c: the owner and occupier (if any) of the place or area subject to the heritage order and any other person with a registered interest in that place or area; and
d: the territorial authority in whose district the place or area subject to the order is located.
5: The persons or organisations served with a notice under subsection (4) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.
6: The Minister must take into account all objections and submissions received within the specified time before making a final determination.
7: In subsection (2), private land section 189(6) Section 195B inserted 19 April 2017 section 99 Resource Legislation Amendment Act 2017
195C: Notice of determination
1: The Minister must publish a notice in the Gazette section 195B
2: The territorial authority in whose district the place or area subject to an order under section 195B Schedule 1 Section 195C inserted 19 April 2017 section 99 Resource Legislation Amendment Act 2017
196: Removal of heritage order
Section 182
a: a heritage protection authority was a requiring authority; and
b: a heritage order was a designation, except that the removal of a heritage order from a district plan shall not take effect until 10 working days after notice of removal is received by the territorial authority or after the territorial authority gives notice of the removal of its heritage order in its own district Section 196(b) amended 7 July 1993 section 108 Resource Management Amendment Act 1993
197: Compulsory acquisition powers
1: The acquisition of land by a heritage protection authority for the purposes of giving effect to a heritage order shall be deemed to be an acquisition of land, or an interest in land, for a public work for the purposes of the Public Works Act 1981
2: Where a heritage protection authority is neither the Crown nor a local authority, section 186
198: Environment Court
1: Upon application made to the Environment Court section 189 or section 189A court
a: the applicant was the owner or spouse , civil union partner, or de facto partner
b: the applicant has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the heritage order or requirement at a price not less than the market value the land would have had if it were not subject to the heritage order or requirement; and
c: the heritage order or requirement renders or will render the land in respect of which it applies, incapable of reasonable use,— the Environment Court Public Works Act 1981
2: Before making an order under subsection (1), the court
3: If the court Public Works Act 1981 section 17
4: Where subsection (3) applies in respect of a heritage protection authority that is neither the Crown nor a local authority—
a: any agreement shall be deemed to have been entered into with the Minister for Land Information
b: all costs and expenses incurred by the Minister for Land Information
5: The amount of compensation payable for an estate or interest in land ordered to be taken under this section shall be assessed as if the heritage order or requirement had not been made. Section 198 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 198(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 198(1) amended 7 July 1993 section 109 Resource Management Amendment Act 1993 Section 198(1)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 198(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 198(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 198(4)﻿(a) amended 1 July 1996 Survey Amendment Act 1996 Section 198(4)﻿(b) amended 1 July 1996 Survey Amendment Act 1996 Time limits from which time periods are excluded in relation to designations and heritage orders Heading inserted 3 March 2015 section 116 Resource Management Amendment Act 2013
198AA: Time limits from which time periods are excluded in relation to designations and heritage orders
1: This section provides for the deferral of certain time limits relating to designations and heritage orders.
2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.
3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded. Provisions specifying time limits Provisions describing time periods to be excluded Section 95 section 169(1) 190(1) Section 198AB(2), (4), or (6) Section 198AD(2) Section 198D(3) Section 198AB(2), (4), or (6) Section 198AD(4) Section 198J(2) Section 198AD(4) Section 168A(2AA)﻿(a) 189A(9A)﻿(a) Section 198AD(2) Section 168A(2AA)﻿(b) or (c) 189A(9A)﻿(b) or (c) Section 198AC(8) Section 198AD(4) Section 169(3)﻿(a) 190(8)﻿(a) Section 198AB(2), (4), or (6) Section 198AD(2) Section 169(3)﻿(b) or (c) 190(8)﻿(b) or (c) Section 198AB(2), (4), or (6) Section 198AC(2), (4), or (6) Section 198AD(4) Section 198AA inserted 3 March 2015 section 116 Resource Management Amendment Act 2013
198AB: Excluded time periods relating to provision of further information
Request for further information
1: Subsection (2) applies when—
a: a territorial authority has requested a requiring authority or heritage protection authority, under section 92(1)
b: the request is the first request made by the territorial authority to the requiring authority or heritage protection authority under that provision—
i: at all; or
ii: after the closing date for submissions.
2: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the request under section 92(1)
b: ending as follows:
i: if the requiring authority or heritage protection authority provides the information within 15 working days, the date on which it provides the information:
ii: if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information:
iii: if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)﻿(a)
iv: if the requiring authority or heritage protection authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
v: if the requiring authority or heritage protection authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information. Commissioning of report—other authority agrees
3: Subsection (4) applies when—
a: a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)﻿(b)
b: the requiring authority or heritage protection authority agrees, under section 92B(1)
4: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the notification under section 92(2)﻿(b)
b: ending with the date on which the territorial authority receives the report. Commissioning of report—other authority disagrees
5: Subsection (6) applies when—
a: a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)﻿(b)
b: the requiring authority or heritage protection authority does not agree, under section 92B(1)
6: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the notification under section 92(2)﻿(b)
b: ending with the earlier of the following:
i: the date on which the period of 15 working days ends; and
ii: the date on which the territorial authority receives the requiring authority's or heritage protection authority's refusal, under section 92B(1) Section 198AB inserted 3 March 2015 section 116 Resource Management Amendment Act 2013
198AC: Excluded time periods relating to direct referral
Request for direct referral declined and no objection
1: Subsection (2) applies when—
a: a requiring authority or heritage protection authority makes a request under section 198B(1)
b: the territorial authority declines the request under section 198C(4) to (5A)
c: the requiring authority or heritage protection authority does not object under section 357(8)
2: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority receives the request; and
b: ending with the date on which the 15 working days referred to in section 357C(1) Request for direct referral declined and objection dismissed
3: Subsection (4) applies when—
a: a requiring authority or heritage protection authority makes a request under section 198B(1)
b: the territorial authority declines the request under section 198C(4) to (5A)
c: the territorial authority dismisses the requiring authority's or heritage protection authority's objection under section 357D
4: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority receives the request; and
b: ending with the date on which the territorial authority notifies the requiring authority or heritage protection authority of its decision to dismiss the objection. Request for direct referral granted or objection upheld
5: Subsection (6) applies when—
a: a requiring authority or heritage protection authority makes a request under section 198B(1)
b: either—
i: the territorial authority grants the request under section 198C(4) to (5A)
ii: the territorial authority declines the request under section 198C(4) to (5A) section 357D
6: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority receives the request; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 198E(2)﻿(a)
ii: the date on which the requiring authority or heritage protection authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 198E(2) Decision to make direct referral to Environment Court
7: Subsection (8) applies when a territorial authority makes a decision under section 198H(1)
8: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority makes the decision; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 198K(1)﻿(a)
ii: the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 198K(1) Section 198AC inserted 3 March 2015 section 116 Resource Management Amendment Act 2013
198AD: Excluded time periods relating to other matters
Approval sought from affected persons or groups
1: Subsection (2) applies when a requiring authority or heritage protection authority tries, for the purposes of section 149ZCF(3) 95F 95G
2: The period that must be excluded from every applicable time limit under section 198AA Referral to mediation
3: Subsection (4) applies when a territorial authority refers persons to mediation under section 99A
4: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the reference; and
b: ending with the earlier of the following:
i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
ii: the date on which the mediator reports the outcome of the mediation to the territorial authority. Section 198AD inserted 3 March 2015 section 116 Resource Management Amendment Act 2013 Section 198AD(1) amended 18 October 2017 section 162 Resource Legislation Amendment Act 2017 Streamlining decision-making on designations and heritage orders Heading inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198A: Sections 198B to 198G apply to requirements under section 168 or 189
1: Sections 198B to 198G
a: a requirement for a designation under section 168
b: a requirement for a heritage order under section 189
c: a requirement under section 181 section 168
d: a requirement under section 195A section 189
2: If the notice of requirement is called in under section 142(2) sections 198B to 198G Section 198A inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198B: Requiring authority or heritage protection authority's request
1: The requiring authority or heritage protection authority must request the relevant territorial authority to allow the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority.
2: The requiring authority or heritage protection authority must make the request in the period—
a: starting on the date on which the requiring authority or heritage protection authority gives notice under section 168 189
b: ending 5 working days after the date on which the period for submissions on the requirement closes.
3: The requiring authority or heritage protection authority must make the request electronically or in writing on the prescribed form. Section 198B inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198C: Territorial authority’s decision on request
1: If the territorial authority receives the request after it has determined that the requirement will not be notified, it must return the request.
2: If the territorial authority receives the request before it has determined whether the requirement will be notified, it must defer its decision on the request until after it has decided whether to notify the requirement and then apply either subsection (3) or (4).
3: If the territorial authority decides not to notify the requirement, it must return the request.
4: If the territorial authority decides to notify the requirement, it must give the requiring authority or heritage protection authority its decision on the request within 15 working days after the date of the decision on notification.
5: In any other case, the territorial authority must give the requiring authority or heritage protection authority its decision on the request within 15 working days after receiving the request.
5A: Despite the discretion to grant a request under subsection (4) or (5), if regulations have been made under section 360(1)﻿(hm)
a: the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
6: No submitter has a right to be heard by the territorial authority on a request.
7: If the territorial authority returns or declines the request, it must give the requiring authority or heritage protection authority its reasons, in writing or electronically, at the same time as it gives the authority its decision.
8: If the territorial authority declines the request under subsections (4) to (5A) section 357 Section 198C inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198C(5A) inserted 4 September 2013 section 39(1) Resource Management Amendment Act 2013 Section 198C(8) amended 4 September 2013 section 39(2) Resource Management Amendment Act 2013
198D: Territorial authority's subsequent processing
1: If the territorial authority does not grant the request under section 198B
2: If the territorial authority decides to grant the request under section 198B (7)
3: The territorial authority must prepare a report on the requirement within the longer of the following periods:
a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
b: the period that ends 20 working days after the date on which the territorial authority decides to grant the request.
4: In the report, the territorial authority must
a: address issues that are set out in section 171 191
b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications) ; and
c: provide a summary of submissions received.
5: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to—
a: the requiring authority or heritage protection authority; and
b: every person who made a submission on the requirement.
6: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
7: In providing that assistance, the territorial authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court. Section 198D inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198D(2) amended 4 September 2013 section 40(1) Resource Management Amendment Act 2013 Section 198D(4) amended 4 September 2013 section 40(2) Resource Management Amendment Act 2013 Section 198D(4)﻿(b) amended 4 September 2013 section 40(3) Resource Management Amendment Act 2013 Section 198D(4)﻿(c) inserted 4 September 2013 section 40(4) Resource Management Amendment Act 2013 Section 198D(6) inserted 4 September 2013 section 40(5) Resource Management Amendment Act 2013 Section 198D(7) inserted 4 September 2013 section 40(5) Resource Management Amendment Act 2013
198E: Environment Court decides
1: Subsection (2) applies to a requiring authority or heritage protection authority who—
a: receives a report under section 198D(5)
b: continues to want the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority.
2: The requirement is referred to the Environment Court by the requiring authority or heritage protection authority,—
a: within 15 working days
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
i: the territorial authority that granted the requiring authority's or heritage protection authority's request under section 198B
ii: every person who made a submission to the territorial authority on the requirement; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
3: A territorial authority served under subsection (2)﻿(b)﻿(i) must, without delay, provide the Environment Court with—
a: the requirement to which the notice of motion relates; and
b: the authority's report on the requirement; and
c: all the submissions on the requirement that the authority received; and
d: all the information and reports on the requirement that the authority was supplied with.
4: Section 274 , and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section
5: Parts 11 11A
6: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
a: must have regard to the matters set out in section 171(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
c: may waive the requirement for an outline plan to be submitted under section 176A
6A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (6)﻿(b)﻿(iii) requiring a financial contribution (as defined in section 108(9)
7: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court—
a: must have regard to the matters set out in section 191(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). Section 198E inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198E(2) replaced 4 September 2013 section 41(1) Resource Management Amendment Act 2013 Section 198E(2)﻿(a) amended 3 March 2015 section 117 Resource Management Amendment Act 2013 Section 198E(4) amended 4 September 2013 section 41(2) Resource Management Amendment Act 2013 Section 198E(5) amended 4 September 2013 section 41(3) Resource Management Amendment Act 2013 Section 198E(6A) inserted 1 July 2020 section 61 Resource Management Amendment Act 2020
198F: Residual powers of territorial authority
The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198E Section 198F inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198G: When territorial authority must deal with requirement
(1): This section applies when—
a: a requiring authority or heritage protection authority receives a report under section 198D(5)
b: either—
i: the requiring authority or heritage protection authority advises the territorial authority that it section 198E(2)
ii: the requiring authority or heritage protection authority does not lodge a notice of motion with the Environment Court under section 198E(2)
c:
2: The territorial authority must deal with the requirement. Section 198G inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198G(1)﻿(b)﻿(i) amended 3 March 2015 section 118(1) Resource Management Amendment Act 2013 Section 198G(1)﻿(b)﻿(ii) amended 3 March 2015 section 118(2) Resource Management Amendment Act 2013 Section 198G(1)﻿(c) repealed 3 March 2015 section 118(3) Resource Management Amendment Act 2013
198H: Sections 198I to 198M apply to requirements under section 168A or 189A
1: Sections 198I to 198M
a: a requirement for a designation under section 168A
b: a requirement for a heritage order under section 189A
c: a requirement under section 181 section 168A
d: a requirement under section 195A section 189A
2: If the notice of requirement is called in under section 142(2) sections 198I to 198M Section 198H inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198I: Territorial authority's decision
1: The territorial authority must make its decision in the period—
a: starting on the date on which the territorial authority decides to notify the requirement under section 168A(1A) 189A(2)
b: ending 5 working days after the date on which the period for submissions on the requirement closes.
2: No submitter has a right to be heard by the territorial authority on a decision under section 198H Section 198I inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198J: Territorial authority's subsequent processing
1: The territorial authority must continue to process the requirement and must comply with subsections (2) to (6)
2: The territorial authority must prepare a report on the requirement within the longer of the following periods:
a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
b: the period that ends 20 working days after the date on which the territorial authority makes its decision under section 198H(1)
3: In the report, the territorial authority must
a: address issues that are set out in section 168A(3) 189A(10)
b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications) ; and
c: provide a summary of submissions received.
4: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to every person who made a submission on the requirement.
5: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
6: In providing that assistance, the territorial authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court. Section 198J inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198J(1) amended 4 September 2013 section 42(1) Resource Management Amendment Act 2013 Section 198J(3) amended 4 September 2013 section 42(2) Resource Management Amendment Act 2013 Section 198J(3)﻿(b) amended 4 September 2013 section 42(3) Resource Management Amendment Act 2013 Section 198J(3)﻿(c) inserted 4 September 2013 section 42(4) Resource Management Amendment Act 2013 Section 198J(5) inserted 4 September 2013 section 42(5) Resource Management Amendment Act 2013 Section 198J(6) inserted 4 September 2013 section 42(5) Resource Management Amendment Act 2013
198K: Environment Court decides
1: If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority,—
a: within 15 working days
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
2: The territorial authority must, without delay, provide the Environment Court with—
a: the requirement to which the notice of motion relates; and
b: the territorial authority's report on the requirement; and
c: all the submissions on the requirement that the territorial authority received; and
d: all the information and reports on the requirement that the territorial authority was supplied with.
3: Section 274 , and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section
4: Parts 11 11A
5: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
a: must have regard to the matters set out in section 171(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
c: may waive the requirement for an outline plan to be submitted under section 176A
5A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)﻿(b)﻿(iii) requiring a financial contribution (as defined in section 108(9)
6: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court—
a: must have regard to the matters set out in section 191(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). Section 198K inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198K(1) replaced 4 September 2013 section 43(1) Resource Management Amendment Act 2013 Section 198K(1)﻿(a) amended 3 March 2015 section 119 Resource Management Amendment Act 2013 Section 198K(3) amended 4 September 2013 section 43(2) Resource Management Amendment Act 2013 Section 198K(4) amended 4 September 2013 section 43(3) Resource Management Amendment Act 2013 Section 198K(5A) inserted 1 July 2020 section 62 Resource Management Amendment Act 2020
198L: Residual powers of territorial authority
The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198K Section 198L inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009
198M: When territorial authority must deal with requirement
1: This section applies when—
a: a territorial authority prepares a report under section 198J
b: the territorial authority does not lodge a notice of motion with the Environment Court under section 198K(1)
c:
2: The territorial authority must deal with the requirement. Section 198M inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198M(1)﻿(b) amended 3 March 2015 section 120(1) Resource Management Amendment Act 2013 Section 198M(1)﻿(c) repealed 3 March 2015 section 120(2) Resource Management Amendment Act 2013
9: Water conservation orders
199: Purpose of water conservation orders
1: Notwithstanding anything to the contrary in Part 2
a: outstanding amenity or intrinsic values which are afforded by waters in their natural state:
b: where waters are no longer in their natural state, the amenity or intrinsic values of those waters which in themselves warrant protection because they are considered outstanding.
2: A water conservation order may provide for any of the following:
a: the preservation as far as possible in its natural state of any water body that is considered to be outstanding:
b: the protection of characteristics which any water body has or contributes to, and which are considered to be outstanding,—
i: as a habitat for terrestrial or aquatic organisms:
ii: as a fishery:
iii: for its wild, scenic, or other natural characteristics:
iv: for scientific and ecological values:
v: for recreational, historical, spiritual, or cultural purposes:
c: the protection of characteristics which any water body has or contributes to, and which are considered to be of outstanding significance in accordance with tikanga Maori.
200: Meaning of water conservation order
In this Act, the term water conservation order section 214 section 199 section 30(1)
a: the quantity, quality, rate of flow, or level of the water body; and
b: the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for the water body; and
c: the maximum allocation for abstraction or maximum contaminant loading consistent with the purposes of the order; and
d: the ranges of temperature and pressure in a water body.
201: Application for water conservation order
1: Any person may, upon payment of any prescribed fee, apply to the Minister for the making of a water conservation order in respect of any water body.
2: An application under subsection (1) shall—
a: identify the water body concerned; and
b: state the reasons for the application with reference, where practicable, to the matters set out in sections 199 200 207
c: describe the provisions which, in the applicant's opinion, should be included in a water conservation order and the effect that such provisions would have on the water body.
3: The Minister may by notice in writing require the applicant to supply such further information in respect of the application as the Minister considers necessary.
202: Minister's obligations upon receipt of application
1: After receipt of an application (and any further information required by the Minister) under section 201
a: appoint a special tribunal to hear and report on the application; or
b: reject the application— and notify the applicant of his or her decision, and where the application is rejected, of his or her reasons for the rejection.
2: Before appointing a special tribunal under subsection (1)﻿(a), the Minister shall, where appropriate, consult with the Minister for Māori Development Section 202(2) amended 1 July 2020 section 63 Resource Management Amendment Act 2020
203: Special tribunal
1: A special tribunal appointed under section 202
a: comprise no fewer than 3, and no more than 5, members; and
b: have a chairperson appointed either by the Minister or, if the Minister declines to do so, by the members.
2: Every special tribunal shall be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951
a: remuneration by way of fees, salary, or allowances in accordance with that Act; and
b: travelling allowances and travelling expenses in accordance with that Act in respect of time spent travelling in the service of the tribunal— and the provisions of that Act apply accordingly.
3: A member of a special tribunal is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the tribunal. Section 203(3) inserted 1 October 2009 section 120 Resource Management (Simplifying and Streamlining) Amendment Act 2009
204: Public notification of application
1: As soon as practicable after its appointment, a special tribunal shall ensure that—
a: public notice of the application is given; and
ab: a copy of the short summary of the notice referred to in section 2AB(1)﻿(b)
b: such other public notification of the application as the tribunal considers appropriate is given; and
c: notice of the application is served on—
i: the applicant; and
ii: the relevant regional council; and
iii: the relevant territorial authorities; and
iv: the relevant iwi authorities; and
v: such persons as the tribunal considers appropriate.
2: Every notice for the purposes of this section shall be in the prescribed form and shall state—
a: a description of the application, and where the application and any relevant information held by the special tribunal may be viewed; and
b: that submissions on the application may be made in writing by any person; and
c: the effect of section 205(3)
d: that the matters to be considered by the tribunal may be wider than the matters raised in the application; and
e: the closing date for the receipt by the tribunal of such submissions; and
f: the address for service of the tribunal and each applicant.
3: Section 92
a: every reference therein to a consent authority were a reference to the special tribunal; and
b: every reference therein to a consent were a reference to the order. Section 204(1)﻿(a) replaced 18 October 2017 section 163 Resource Legislation Amendment Act 2017 Section 204(1)﻿(ab) inserted 18 October 2017 section 163 Resource Legislation Amendment Act 2017
205: Submissions to special tribunal
1: Any person may make submissions to the special tribunal about an application which is notified in accordance with section 204
2: Sections 37 96(5) and (6) 98
a: every reference therein to a consent authority were a reference to the tribunal; and
b: every reference therein to a consent were a reference to an order ; and
c: the reference in section 96(6)﻿(a) to section 97
3: Any person who supports the making of a water conservation order but who would prefer—
a: that the order instead preserve a different but related water body in the same catchment; or
b: that different features and qualities of the water body be preserved,— shall endeavour, in his or her submission,—
c: to make that preference known to the tribunal; and
d: to specify the reasons for the preference, referring, where practicable, to the matters set out in sections 199 200 207
e: to describe the provisions which, in the person's opinion, should be included in the water conservation order and the effect that those provisions would have on the water body.
4: Any submission that does not contain all the matters referred to in subsection (3) may nevertheless be considered by the tribunal.
5: Any person who makes a submission opposing the making of an order shall specify the reasons why he or she considers the proposed order is not justified in terms of section 199 section 207
6: The special tribunal may, by notice in writing, require any person making a submission to supply such further information in respect of the submission as the special tribunal considers necessary.
7: The closing date for serving submissions on a special tribunal is the 20th working day after notification of the application under section 204 section 37 Section 205(2) amended 1 October 2009 section 121(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 205(2)﻿(b) amended 1 October 2009 section 121(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 205(2)﻿(c) inserted 1 October 2009 section 121(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
206: Conduct of hearing
1: The Minister shall, without delay, provide a special tribunal with the application in respect of which it has been appointed and any other relevant information received or held by the Minister.
2:
3: Sections 39 40 to 42 99 to 100 101
a: every reference in those sections to a consent authority were a reference to the special tribunal; and
b: every reference in those sections to a resource consent were a reference to a water conservation order.
3A: However, section 101(2)
a: if the special tribunal gives a direction under section 41B
b: if the special tribunal does not give a direction under section 41B
4: In addition, any hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates. Section 206(2) repealed 1 October 2009 section 122(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 206(3) amended 3 March 2015 section 121(1) Resource Management Amendment Act 2013 Section 206(3A) inserted 3 March 2015 section 121(2) Resource Management Amendment Act 2013 Section 206(4) replaced 3 March 2015 section 121(3) Resource Management Amendment Act 2013
207: Matters to be considered
In considering an application for a water conservation order, a special tribunal shall have particular regard to the purpose of a water conservation order and the other section 199
a: the application and all submissions; and
b: the needs of primary and secondary industry, and of the community; and
c: the relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, and any proposed plan Section 207 amended 7 July 1993 section 110(1) Resource Management Amendment Act 1993 Section 207(c) amended 7 July 1993 section 110(2) Resource Management Amendment Act 1993
208: Special tribunal to report on application
1: As soon as reasonably practicable, a special tribunal shall prepare a report on the application for a water conservation order and give notice in accordance with subsection (2).
2: A notice for the purposes of subsection (1) shall—
a: either include a draft water conservation order, or state that the tribunal recommends that the application be declined; and
b: state the reasons for the tribunal's conclusion; and
c: be sent to the applicant, the Minister, the regional council, the relevant territorial authorities, the relevant iwi authorities, and every person who made a submission on the application.
209: Right to make submissions to
Environment Court
1: Any of the following persons may make a submission to the Environment Court section 208
a: the applicant for the proposed water conservation order to which the report relates:
b: any person who made a submission to the special tribunal under section 205
c: any other person to whom the Environment Court
2: A submission shall be lodged with the Environment Court section 208(2)
3: A person who makes a submission shall, within 5 working days of the submission being lodged with the Environment Court Environment Court Section 209 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 209(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 209(1)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 209(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 209(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
210: Environment Court If 1 or more submissions are lodged with the Environment Court section 209 court Section 210 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 210 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
211: Who may be heard at inquiry
The following persons have the right to be heard in person or be represented by another person at an inquiry conducted by the Environment Court section 210
a: the applicant for the proposed water conservation order to which the inquiry relates:
b: the Minister:
c: the regional council or territorial authority whose region or district may be affected by the proposed water conservation order:
d: every person who made a submission to the special tribunal under section 205
e: any person who is granted leave to make a submission to the Environment Court section 209(1)﻿(c) Section 211 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 211(e) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
212: Matters to be considered by
Environment Court In conducting its inquiry, the Environment Court section 199
a: the needs of primary and secondary industry, and of the community; and
b: the relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, and any proposed plan; and
c: the report of the special tribunal and any draft water conservation order; and
d: the application and all submissions lodged with the Environment Court
e: such other matters as the Environment Court Section 212 replaced 7 July 1993 section 111 Resource Management Amendment Act 1993 Section 212 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 212 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 212(d) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 212(e) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
213: Court's report
1: On completion of its inquiry, the Environment Court
a: include a draft water conservation order; or
b: recommend that the application for a water conservation order be declined.
2: The Environment Court Environment Court Section 213 replaced 7 July 1993 section 112 Resource Management Amendment Act 1993 Section 213 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 213(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 213(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
214: Making of water conservation order
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order in respect of any water body.
2: The Minister shall not make a recommendation for the purposes of subsection (1) except in accordance with—
a: the report of the special tribunal under section 208 Environment Court
b: where the Environment Court Environment Court section 213
3: A water conservation order 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 214(2)﻿(a) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 214(2)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 214(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
215: Minister's obligation to state reasons for not accepting recommendation
If a special tribunal reports under section 208 Environment Court section 213
a: within 20 sitting days after making his or her decision, lay before the House of Representatives a written statement setting out the reasons for his or her decision; and
b: within 20 working days after making his or her decision, serve on the applicant and every person who made a submission to the special tribunal or the Environment Court Section 215 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 215(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
216: Revocation or variation of order
1: Until the expiration of 2 years after the date a water conservation order is made under section 214
a: no application shall be made to the Minister to revoke any such order; and
b: the Minister shall reject any application made under subsection (2) to amend any such order unless, after having regard to the purposes of the order and the restrictions and prohibitions imposed by the order, the Minister is satisfied that the amendment to which the application relates—
i: will have no more than a minor effect; or
ii: is of a technical nature and would enable the order to better achieve any purpose for which it was made; and
c: no recommendation shall be made to the Governor-General—
i: to revoke any such order; or
ii: to amend any such order unless the Minister is satisfied that the amendment is of a minor nature or of a technical nature which would enable the order to better achieve any purpose for which it was made.
2: Except as provided in subsection (1), any person may at any time apply to the Minister for the revocation or amendment of any water conservation order, and every such application shall state the reasons for the application.
3: Upon receipt of an application made under subsection (2), if—
a: the Minister is of the opinion that the application should not be rejected but that, by reason of the minor effect of the amendment, it is unnecessary to hold an inquiry; and
b: the original applicant for the order (if that person can be located) and the regional council agree to the amendment— the Minister may recommend that the order be amended, and the Governor-General may, by Order in Council made on the recommendation of the Minister, amend the order accordingly.
4: Except as provided in subsection (3), an application made under subsection (2) for the revocation or amendment of a water conservation order shall be dealt with in the same manner as an application for such an order, and sections 201 to 215
5: An order under subsection (3) 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 216(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
217: Effect of water conservation order
1: No water conservation order shall affect or restrict any resource consent granted or any lawful use established in respect of the water body before the order is made.
2: Where a water conservation order is operative, the relevant consent authority—
a: shall not grant a water permit , coastal permit,
b: shall not grant a water permit, a coastal permit, the grant of any such permit or
c: shall, in granting any water permit , coastal permit, Section 217(2)﻿(a) amended 7 July 1993 section 113(1) Resource Management Amendment Act 1993 Section 217(2)﻿(b) amended 7 July 1993 section 113(2)﻿(a) Resource Management Amendment Act 1993 Section 217(2)﻿(b) amended 7 July 1993 section 113(2)﻿(b) Resource Management Amendment Act 1993 Section 217(2)﻿(c) amended 7 July 1993 section 113(3) Resource Management Amendment Act 1993
9A: Freshwater farm plans
Part 9A inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217A: Purpose
The purpose of this Part is to better control the adverse effects of farming on freshwater and freshwater ecosystems within specified districts, regions, or parts of New Zealand through the use of certified freshwater farm plans. Section 217A inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217B: Interpretation
In this Part, unless the context otherwise requires,— arable land use
a: grain cereal, legumes, or pulse grain:
b: herbage seed:
c: oilseed:
d: maize grain, maize silage, cereal silage, or mangels:
e: crops grown for seed multiplication:
f: a crop prescribed in regulations made under section 217M(1)﻿(a) auditor
a: is appointed under section 217K
b: meets the criteria prescribed in regulations made under section 217M(1)﻿(h) certified freshwater farm plan section 217G section 217E(2) or (3) certifier
a: is appointed under section 217K
b: meets the criteria prescribed in regulations made under section 217M(1)﻿(h) farm
a: arable land use; or
b: horticultural land use; or
c: pastoral land use; or
d: other agricultural land use prescribed in regulations made under section 217M(1)﻿(b)
e: any combination of the above farm operator horticultural land use pastoral land use regulations section 217M relevant regional council section 2 specified instrument Part 14 Section 217B inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217C: Application of this Part
1: This Part applies only—
a: to a region, district, or part of New Zealand specified in an Order in Council under this section; and
b: on and from the date specified in the Order in Council.
2: The Governor-General may, by Order in Council, on the recommendation of the Minister, determine—
a: that this Part applies to a specified district, region, or part of New Zealand; and
b: the date on which this Part applies to that district, region, or part of New Zealand.
3: Before making a recommendation under subsection (2), the Minister must—
a: be satisfied that regulations are necessary to achieve the purpose of this Part in the specified district, region, or part of New Zealand; and
b: consult the Minister of Agriculture.
4: 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 217C inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 Section 217C(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
217D: Farm must have certified freshwater farm plan if it meets land use threshold
1: A farm must have a certified freshwater farm plan if—
a: 20 or more hectares of the farm is arable land use; or
b: 5 or more hectares of the farm is horticultural land use; or
c: 20 or more hectares of the farm is pastoral land use; or
d: a prescribed area of the farm is other agricultural land use prescribed in regulations made under section 217M(1)﻿(b)
e: 20 or more hectares of the farm is a combination of any 2 or more of the land uses described above.
2: A certified freshwater farm plan applies to the entire farm. Section 217D inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217E: Main duties of farm operators
1: A farm operator of a farm that is required to have a certified freshwater farm plan must—
a: prepare a freshwater farm plan in accordance with this Part and regulations; and
b: submit the plan to a certifier for certification; and
c: ensure that the farm operates in compliance with the certified freshwater farm plan; and
d: arrange for the farm to be audited in accordance with this Part and regulations for compliance with the certified freshwater farm plan.
2: A farm operator must keep the certified freshwater farm plan fit for purpose by—
a: amending the plan as necessary to reflect any changes in the farm; and
b: amending the plan as necessary to comply with this Part and regulations.
3: A farm operator must amend and recertify a certified freshwater farm plan if any circumstances prescribed by regulations apply. Section 217E inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217F: Contents of freshwater farm plan
A freshwater farm plan must—
a: identify any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
b: specify requirements that—
i: are appropriate for the purpose of avoiding, remedying, or mitigating the adverse effects of those activities on freshwater and freshwater ecosystems; and
ii: are clear and measurable; and
c: demonstrate how any outcomes prescribed in regulations are to be achieved; and
d: comply with any other requirements in regulations; and
e: comply with section 217L Section 217F inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217G: Certification of freshwater farm plan
1: The farm operator must, within the prescribed time frame, submit a freshwater farm plan to a certifier.
2: The certifier must certify a freshwater farm plan if the certifier is satisfied that the plan complies with the requirements in section 217F
3: The certifier must, as soon as practicable, notify the relevant regional council—
a: that the freshwater farm plan has been certified; and
b: the date on which it was certified.
4: This section applies, with any necessary modifications, to a certified freshwater farm plan that is required by regulations to be amended and recertified. Section 217G inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217H: Audit of farm for compliance with certified freshwater farm plan
1: A farm operator must—
a: arrange, within the prescribed time frame, for an auditor to audit the farm for compliance with the certified freshwater farm plan; and
b: arrange for further audits to be carried out at the frequency required by regulations.
2: The audit must be completed in the manner prescribed in regulations.
3: The farm operator must provide the auditor with—
a: an up-to-date copy of the certified freshwater farm plan and any relevant information; and
b: any further information that the auditor reasonably requests for the purpose of the audit; and
c: reasonable access to the farm (or any part of it) for the purpose of any audit inspection.
4: After completing the audit, the auditor must—
a: provide the farm operator with a report of the auditor’s findings on whether the farm achieves compliance with the certified freshwater farm plan; and
b: if the auditor finds that the farm achieves compliance, provide that report to the relevant regional council.
5: If the auditor finds that the farm fails to achieve compliance with the certified freshwater farm plan,—
a: the auditor’s report—
i: must include reasons why the farm failed to achieve compliance; and
ii: specify reasonable time frames by which compliance must be achieved; and
iii: may include recommendations on how compliance may be achieved; and
b: the auditor must give the farm operator a reasonable opportunity to respond to the report; and
c: the auditor must, after the prescribed period has expired, provide the farm operator and the relevant regional council with a final report—
i: setting out the auditor’s findings (including the findings of the first report); and
ii: stating whether compliance was achieved; and
iii: including any recommendations from the auditor. Section 217H inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217I: Functions of regional councils
1: For the purposes of this Part, a regional council has the following functions:
a: to enforce the observance of the requirements of this Part and regulations to the extent that their powers under this Act enable them to do so; and
b: to monitor compliance by farm operators with their duties under this Part and with any requirements in regulations; and
c: to receive notifications of freshwater farm plans that have been certified; and
d: to receive audit reports and related notifications from auditors.
2: A regional council may require a farm operator to produce a certified freshwater farm plan for inspection. Section 217I inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217J: Records that must be kept by regional council
A regional council must keep and maintain, in relation to each farm in its jurisdiction, a record of—
a: whether the farm has a certified freshwater farm plan; and
b: the date the plan was last certified; and
c: the date the farm was last audited for compliance with the plan; and
d: any other information required by regulations. Section 217J inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217K: Regional council must appoint certifiers and auditors
1: A regional council must—
a: appoint 1 or more certifiers; and
b: appoint 1 or more auditors.
2: A regional council may make an appointment under this section only if satisfied that criteria prescribed in regulations have been met. Section 217K inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217L: Relationship between certified freshwater farm plan and specified instruments
1: A certified freshwater farm plan may contain a requirement that—
a: relates to an activity carried out on the farm (an activity
b: restricts an activity more than a provision of a specified instrument.
2: However, if a provision of a specified instrument restricts an activity more than a requirement of a freshwater farm plan, the provision of the specified instrument prevails.
3: To avoid doubt, compliance with a requirement of a certified freshwater farm plan—
a: does not of itself authorise a person to undertake an activity:
b: may be specified or included as a requirement or condition in any specified instrument relating to an activity. Section 217L inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217M: Regulations relating to freshwater farm plans
1: The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—
a: prescribe crops for the purpose of the definition of arable land use in section 217B
b: prescribe agricultural land uses for the purpose of the definition of farm in section 217B
c: prescribe the area of land described in section 217D(1)﻿(d)
d: provide for the content of a freshwater farm plan, including (without limitation) specifying—
i: any requirements, including any actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, remedying, or mitigating any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
ii: outcomes that must be achieved for the purpose of avoiding, remedying, or mitigating those adverse effects on freshwater and freshwater ecosystems; and
iii: any other information that must be included in the plan for the purpose of this Part:
e: provide for the form and manner in which a freshwater farm plan must be certified, including (without limitation) prescribing—
i: time frames that must be complied with by the farm operator and certifier; and
ii: any fees payable by the farm operator or the manner of calculating those fees:
f: prescribe the circumstances in which a certified freshwater farm plan must be amended and recertified:
g: for the purpose of audits of farms for compliance with certified freshwater farm plans, prescribe—
i: the time frame by which a farm must be audited; and
ii: the frequency at which those audits must be carried out; and
iii: the manner in which an audit must be completed; and
iv: the period after which the auditor must provide their final report under section 217H(5)﻿(c)
v: any matters that an auditor must take into account when considering whether the farm achieves compliance with the certified freshwater farm plan; and
vi: any fees payable by the farm operator or the manner of calculating those fees:
h: prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role:
i: require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of section 217I
j: prescribe information that a regional council must keep in relation to farms in its jurisdiction:
k: prescribe infringement offences for the contravention of, or non-compliance with, a provision of this Part or of any regulations made under this section:
l: provide for any other matters that are contemplated by, or necessary for giving full effect to, this Part and for its due administration.
2: Regulations under this section may apply generally or to specified districts, regions, or parts of New Zealand.
3: Regulations under this section may incorporate material by reference under Schedule 1AA
4: Regulations under this section 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 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 217M inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 Section 217M(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9B: Effect of nitrogenous fertiliser on freshwater quality and freshwater ecosystems
Part 9B inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217N: Purpose of this Part
The purpose of this Part is to enable better monitoring of the actions being taken to improve freshwater quality and freshwater ecosystems, through the collection of sales information on nitrogenous fertiliser to inform freshwater management and planning under this Act. Section 217N inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217O: Nitrogenous fertiliser defined
In this Part, nitrogenous fertiliser Section 217O inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217P: Obligation to comply with regulations
If regulations made under section 217Q
a: the collection of information relating to or arising from the sale and purchase of nitrogenous fertiliser; and
b: the provision of that information to the EPA, a regional council, a specified agency, or a specified person or class of persons. Section 217P inserted 1 July 2020 section 64 Resource Management Amendment Act 2020
217Q: Regulations relating to sales information on nitrogenous fertiliser
1: The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—
a: require persons of a specified class to collect any of the following information relating to or arising from the sale and purchase of nitrogenous fertiliser:
i: the date of purchase:
ii: where the purchase took place:
iii: the name of the seller:
iv: the name of the purchaser:
v: the type of fertiliser purchased:
vi: the volume of fertiliser purchased:
vii: where the fertiliser is intended to be applied; and
b: prescribe how the information is to be collected; and
c: require persons who are required under paragraph (a) to collect the information to provide it to any 1 or more of the following:
i: the EPA:
ii: a regional council:
iii: a specified person or class of persons:
iv: a specified agency; and
d: specify the manner in which, and the frequency at which, that information is to be provided; and
e: allow the collection of personal information of a purchaser only if their purchase exceeds a prescribed volume of nitrogenous fertiliser.
2: Regulations under this section 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 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 217Q inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 Section 217Q(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Subdivision and reclamations
218: Meaning of subdivision of land
1: In this Act, the term subdivision of land
a: the division of an allotment—
i: by an application to the Registrar-General of Land record of title
ii: by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or
iii: by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or
iv: by the grant of a company lease or cross lease in respect of any part of the allotment; or
v: by the deposit of a unit plan, or the Registrar-General of Land record of title
b: an application to the Registrar-General of Land record of title record of title section 226 and the term subdivide land
2: In this Act, the term allotment
a: any parcel of land under the Land Transfer Act 2017
i: the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
ii: a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or
b: any parcel of land or building or part of a building that is shown or identified separately—
i: on a survey plan; or
ii: on a licence within the meaning of subpart 6 of Part 3
c: any unit on a unit plan; or
d: any parcel of land not subject to the Land Transfer Act 2017
3: For the purposes of subsection (2), an allotment that is—
a: subject to the Land Transfer Act 2017
b: not subject to that Act and was acquired by its owner under 1 instrument of conveyance— shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under this Act or by a subdivisional approval under any former enactment relating to the subdivision of land.
4: For the purposes of subsection (2), the balance of any land from which any allotment is being or has been subdivided is deemed to be an allotment. Section 218(1)﻿(a)﻿(i) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(1)﻿(a)﻿(i) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 218(1)﻿(a)﻿(iii) replaced 1 August 2003 section 69 Resource Management Amendment Act 2003 Section 218(1)﻿(a)﻿(v) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(1)﻿(a)﻿(v) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 218(1)﻿(a)﻿(v) amended 7 July 1993 section 114(2) Resource Management Amendment Act 1993 Section 218(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(1)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 218(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(2)﻿(b)﻿(ii) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(2)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(3)﻿(a) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 218(4) inserted 17 December 1997 section 39 Resource Management Amendment Act 1997
219: Information to accompany applications for subdivision consents
Section 219 repealed 1 August 2003 section 70 Resource Management Amendment Act 2003
220: Condition of subdivision consents
1: Without limiting section 108
a: where an esplanade strip is required under section 230 section 232
aa: a condition requiring an esplanade reserve to be set aside in accordance with section 236
ab: a condition requiring the vesting of ownership of land in the coastal marine area or the bed of a lake or river in accordance with section 237A
ac: a condition waiving the requirement for, or reducing the width of, an esplanade reserve or esplanade strip in accordance with section 230 section 405A
b: subject to subsection (2), a condition that any specified part or parts of the land being subdivided or any other adjoining land of the subdividing owner be—
i: transferred to the owner of any other adjoining land and amalgamated with that land or any part thereof; or
ii: amalgamated, where the specified parts are adjoining; or
iii: amalgamated, whether the specified parts are adjoining or not, for any purpose specified in a district plan or necessary to comply with any requirement of the district plan; or
iv: held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotment or allotments in the subdivision:
c: a condition that any allotment be subject to a requirement as to the bulk, height, location, foundations, or height of floor levels of any structure on the allotments:
d: a condition that provision be made to the satisfaction of the territorial authority for the protection of the land or any part thereof, or of any land not forming part of the subdivision, against natural hazards natural hazards
e: a condition that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority:
f: a condition requiring that any easements be duly granted or reserved:
g: a condition requiring that any existing easements in respect of which the land is the dominant tenement and which the territorial authority considers to be redundant, be extinguished, or be extinguished in relation to any specified allotment or allotments.
2: For the purposes of subsection (1)﻿(b)—
a: where any condition requires land to be amalgamated, the territorial authority shall, subject to subsection (3), specify (as part of that condition) that such land be held in 1 record of title
b: land shall be regarded as adjoining other land notwithstanding that it is separated from the other land only by a road, railway, drain, water race, river, or stream.
3: Before deciding to grant a subdivision consent on a condition described in subsection (1)﻿(b), the territorial authority shall consult with the Registrar-General of Land Registrar-General of Land Registrar-General of Land Section 220(1)﻿(a) replaced 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)﻿(aa) inserted 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)﻿(ab) inserted 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)﻿(ac) inserted 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)﻿(d) amended 18 October 2017 section 164(a) Resource Legislation Amendment Act 2017 Section 220(1)﻿(d) amended 18 October 2017 section 164(b) Resource Legislation Amendment Act 2017 Section 220(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
221: Territorial authority to issue a consent notice
1: Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan (not being a condition in respect of which a bond is required to be entered into by the subdividing owner, or a completion certificate is capable of being or has been issued), the territorial authority shall, for the purposes of section 224
2: Every consent notice must be signed by a person authorised by the territorial authority to sign consent notices.
3: At any time after the deposit of the survey plan,—
a: the owner may apply to a territorial authority to vary or cancel any condition specified in a consent notice:
b: the territorial authority may review any condition specified in a consent notice and vary or cancel the condition.
3A: Sections 88 to 121 127(4) to 132
4: Every consent notice shall be deemed—
a: to be an instrument creating an interest in the land within the meaning of section 51
b: to be a covenant running with the land when registered under the Land Transfer Act 2017 section 103
5: Where a consent notice has been registered under the Land Transfer Act 2017 after an application or review Registrar-General of Land Section 221(2) replaced 1 October 2009 section 123 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 221(3) replaced 10 August 2005 section 92(1) Resource Management Amendment Act 2005 Section 221(3A) inserted 10 August 2005 section 92(1) Resource Management Amendment Act 2005 Section 221(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(4)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(5) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 221(5) amended 10 August 2005 section 92(2) Resource Management Amendment Act 2005
222: Completion certificates
1: Where under this Part, compliance with a condition of a subdivision consent is dependent on the completion by the owner of any work required by the territorial authority or on the making of a financial contribution (as defined in section 108(9) section 224 or make the financial contribution (as the case may be)
2: The territorial authority may from time to time extend any period specified by it under subsection (1), but any such extension shall not affect any security given for the performance of the bond.
3: The territorial authority may exercise all of the powers conferred upon a consent authority by section 108A
4: The provisions of section 109
5: In this section, the term work contributions of money or land (including esplanade reserves and esplanade strips) Section 222(1) amended 17 December 1997 section 40(a) Resource Management Amendment Act 1997 Section 222(1) amended 17 December 1997 section 40(b) Resource Management Amendment Act 1997 Section 222(3) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 222(5) amended 7 July 1993 section 117 Resource Management Amendment Act 1993 Approval and deposit of survey plans
223: Approval of survey plan by territorial authority
1: An owner of any land may submit to a territorial authority for its approval, a survey plan in respect of that land if—
a: a subdivision consent has been obtained for the subdivision to which the survey plan relates, and that consent has not lapsed; or
b: a certificate of compliance has been obtained, and that certificate has not lapsed.
1A: Within 10 working days after receiving a survey plan submitted to it under subsection (1), a territorial authority must either—
a: approve the survey plan; or
b: decline the survey plan.
2: Subject to sections 237 237A 240 241 243
a: where a subdivision consent has been obtained, the survey plan conforms with the subdivision consent; or
b: where a certificate of compliance has been obtained, the survey plan conforms with the certificate of compliance.
3: The chief executive
4: A certification under subsection (3) may be made either—
a: by signing the plan or a copy of it; or
b: by any other means that—
i: identifies the person giving the certification and links the certificate to the survey plan; and
ii: is as reliable as is appropriate to the purposes of this section.
5: A certificate under subsection (3) is conclusive evidence that all roads, private roads, reserves, land vested in the authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974
6: Nothing in subsection (3) affects any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision. Section 223(1A) inserted 1 August 2003 section 71 Resource Management Amendment Act 2003 Section 223(2) amended 7 July 1993 section 118 Resource Management Amendment Act 1993 Section 223(3) replaced 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 223(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 223(4) replaced 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 223(5) inserted 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 223(6) inserted 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
224: Restrictions upon deposit of survey plan
No survey plan shall be deposited for the purposes of section 11(1)﻿(a)﻿(i) or (iii)
a:
b: where land shown on the survey plan will vest in the Crown or a territorial authority, there is endorsed on the survey plan or deposited with the Registrar-General of Land
i: in the case of land subject to the Land Transfer Act 2017
ii: in the case of land not subject to that Act, every person having an interest , including any encumbrance, in Deeds Registration Act 1908
c: there is lodged with the Registrar-General of Land chief executive or other authorised officer it has approved the survey plan under section 223
i: a completion certificate has been issued in relation to such of the conditions to which section 222
ii: a consent notice has been issued in relation to such of the conditions to which section 221
iii: a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)﻿(b)
d: there is lodged for registration with the Registrar-General of Land ; and
e: in relation to any unit plan, the requirements of the Unit Titles Act 2010 ; and
f: in the case of a subdivision of land to be effected by the grant of a cross lease or company lease, or by the deposit of a unit plan, the territorial authority is satisfied on reasonable grounds that every existing building or part of an existing building (including any building or part thereof under construction) described in section 116A signed by a person authorised by the territorial authority to sign such certificates is lodged with the Registrar-General of Land
g: where land is shown upon the survey plan to be subject to an esplanade strip, there is lodged for registration with the Registrar-General of Land ; and
h: less than 3 years has elapsed since the territorial authority approved the plan under section 223 Section 224 amended 21 December 2021 section 14 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 224 amended 1 October 2009 section 124(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(a) repealed 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 224(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(b)﻿(i) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 224(b)﻿(ii) amended 7 July 1993 section 119(1)﻿(b) Resource Management Amendment Act 1993 Section 224(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(c) amended 1 July 2003 section 262 Local Government Act 2002 Section 224(c) amended 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 224(c) amended 7 July 1993 section 119(2)﻿(a) Resource Management Amendment Act 1993 Section 224(c)﻿(iii) amended 17 December 1997 section 42(1) Resource Management Amendment Act 1997 Section 224(d) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(d) amended 7 July 1993 section 119(2)﻿(b) Resource Management Amendment Act 1993 Section 224(e) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 224(e) amended 7 July 1993 section 119(2)﻿(b) Resource Management Amendment Act 1993 Section 224(f) replaced 7 July 1993 section 119(3) Resource Management Amendment Act 1993 Section 224(f) amended 1 October 2009 section 124(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(f) amended 14 April 2005 section 14(2) Building Amendment Act 2005 Section 224(f) amended 31 March 2005 section 414 Building Act 2004 Section 224(f) amended 17 December 1997 section 42(2) Resource Management Amendment Act 1997 Section 224(g) inserted 7 July 1993 section 119(3) Resource Management Amendment Act 1993 Section 224(g) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(g) amended 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 224(h) inserted 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
225: Agreement to sell land or building before deposit of plan
1: Any agreement to sell any land or any building or part of any building that constitutes a subdivision and is made before the appropriate survey plan is approved under section 223 Land Transfer Act 2017
2: Subject to subsection (1), any agreement to sell any allotment in a proposed subdivision made before the appropriate survey plan is approved under section 223
a: that the purchaser may, by notice in writing to the vendor, cancel the agreement at any time before the end of 14 days after the date of the making of the agreement:
b: that the purchaser may, at any time after the expiration of 2 years after the date of granting of the resource consent or 1 year after the date of the agreement, whichever is the later, by notice in writing to the vendor, rescind the contract if the vendor has not made reasonable progress towards submitting a survey plan to the territorial authority for its approval or has not deposited the survey plan within a reasonable time after the date of its approval.
3: An agreement may be rescinded under subsection (2) notwithstanding that the parties cannot be restored to the position that they were in immediately before the agreement was made, and in any such case the rights and obligations of each party shall, in the absence of agreement between the parties, be as determined by a court of competent jurisdiction. Section 225(1) amended 12 November 2018 section 250 Land Transfer Act 2017
226: Restrictions upon issue of certificates of title for subdivision
1: The Registrar-General of Land record of title record of title issued
a: the plan has been deposited in accordance with section 224 section 228
b: the plan has been deposited in accordance with section 306 section 306(7)
ba: the plan has been approved under Part 25 of the Municipal Corporations Act 1954
bb: the plan has been approved under Part 2 of the Counties Amendment Act 1961
bc: the plan did not require the approval of the Council under Part 2 of the Counties Amendment Act 1961 Land Transfer Act 2017
c: the plan has been deposited in accordance with the Unit Titles Act 2010
d: the record of title
e: the territorial authority has given a certificate signed by the principal administrative officer or other authorised officer to the effect
i: that there is no district plan for the area to which the survey plan relates, and that the allotment is in accordance with the requirements and provisions of the proposed district plan; or
ii: that the allotment is in accordance with the requirements and provisions of the district plan and the proposed district plan (if any) for the area to which the survey plan relates; or
iii: that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977
2: Nothing in section 11 record of title Section 226 heading amended 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 226(1)﻿(ba) inserted 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1)﻿(bb) inserted 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1)﻿(bc) inserted 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1)﻿(bc) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226(1)﻿(c) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 226(1)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226(1)﻿(e) amended 1 August 2003 section 72 Resource Management Amendment Act 2003 Section 226(2) amended 12 November 2018 section 250 Land Transfer Act 2017
226A: Savings in respect of cross leases, company leases, and retirement village leases
1: Nothing in section 11
a: to the registration of a memorandum of cross lease or company lease, in renewal or in substitution for a cross lease or company lease, and the issue of a record of title
i: deposited or lodged in the land registry office for cross lease or company lease purposes before the commencement of this Act; or
ii: to which paragraph (b) or paragraph (c) of section 408(1) applies; or
b: to the registration of a lease of a residence within retirement village premises shown on a plan deposited before the commencement of this Act or the issue of a certificate of title therefor ; or
c: to the renewal or substitution of a company lease in respect of a building or part of a building if the original company lease was in existence before the commencement of this Act (whether or not the renewal or substitution is part of the original company lease or a subsequent company lease).
2: The Registrar-General of Land record of title lease instrument
3: For the purposes of this section, retirement village premises Section 226A inserted 7 July 1993 section 121 Resource Management Amendment Act 1993 Section 226A(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226A(1)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 226A(1)﻿(c) inserted 1 August 2003 section 73 Resource Management Amendment Act 2003 Section 226A(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226A(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
227: Cancellation of prior approvals
1: Where—
a: before or after the date of commencement of this Act, a survey plan has been deposited under the Land Transfer Act 2017
b: a survey plan of the same land is deposited in accordance with section 224 the approval given to the first-mentioned survey plan on or before the date of deposit of the second-mentioned survey plan shall, except as to conditions to which sections 221 243
c: be deemed to be cancelled; or
d: where the land in the second-mentioned survey plan is part only of the land in the first-mentioned survey plan, be deemed to be cancelled so far as it relates to the land in the second-mentioned survey plan.
2: Subsection (1) does not apply to the deposit of a unit plan, or to a survey plan which gives effect to the grant of a lease to which section 218(1)﻿(a)﻿(iii) Section 227(1) amended 17 December 1997 section 43 Resource Management Amendment Act 1997 Section 227(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 227(2) inserted 7 July 1993 section 122 Resource Management Amendment Act 1993
228: Subdivision by the Crown
1: Where a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 section 223
a: subject to subsection (2), the approval by the Chief Surveyor of the land district in which the land is situated of the survey plan of the subdivision has legal section 224
b: the land is then deemed to be subject to the Land Transfer Act 2017 record of title Registrar-General of Land
i: the Director-General of Conservation if the land is a conservation area within the meaning of the Conservation Act 1987 , or a reserve under the Reserves Act 1977 National Parks Act 1980 Wildlife Act 1953
ii: the Surveyor-General or other officer authorised in writing by the Surveyor-General
2: Section 224 Registrar-General of Land record of title section 224 Section 228(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 228(1) amended 7 July 1993 section 123(1) Resource Management Amendment Act 1993 Section 228(1)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 228(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 228(1)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 228(1)﻿(b)﻿(i) amended 7 July 1993 section 123(2) Resource Management Amendment Act 1993 Section 228(1)﻿(b)﻿(ii) amended 7 July 1993 section 123(3) Resource Management Amendment Act 1993 Section 228(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 228(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Esplanade reserves
229: Purposes of esplanade reserves and esplanade strips
An esplanade reserve or an esplanade strip has 1 or more of the following purposes:
a: to contribute to the protection of conservation values by, in particular,—
i: maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or
ii: maintaining or enhancing water quality; or
iii: maintaining or enhancing aquatic habitats; or
iv: protecting the natural values associated with the esplanade reserve or esplanade strip; or
v: mitigating natural hazards; or
b: to enable public access to or along any sea, river, or lake; or
c: to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values. Section 229 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993
230: Requirement for esplanade reserves or esplanade strips
1: For the purposes of sections 77 229 to 237H and 405A
2: The provisions of sections 229 to 237H section 11(1)﻿(a)
3: Except as provided by any rule in a district plan made under section 77(1) section 231
4: For the purposes of subsection (3), a river lake
5: If any rule made under section 77(2) section 231 section 232 Section 230 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 230(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
231: Esplanade reserves to vest on subdivision
1: An esplanade reserve required under section 230 section 236
a: shall be set aside as a local purpose reserve for esplanade purposes under the Reserves Act 1977
b: shall vest in and be administered by the territorial authority.
2: Nothing in this Part shall prevent the change of classification or purpose of an esplanade reserve in accordance with the Reserves Act 1977
3: Every survey plan submitted to the territorial authority under section 223 Section 231 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993
232: Creation of esplanade strips
1: An esplanade strip of the width specified in a rule in a district plan made under section 77 section 229
2: Every such instrument shall—
a: be in accordance with Schedule 10
b: be in the prescribed form; and
c: be created in favour of the territorial authority; and
d: create an interest in land, and may be registered under the Land Transfer Act 2017
e: when registered with the Registrar-General of Land
f: bind every mortgagee or other person having an interest in the land, without that person's consent.
3: Where an esplanade strip is created, that strip may be closed to public entry under section 237C
4: When deciding under section 220(1)﻿(a)
a: which provisions in clauses 2 3 7
b: any other matters that the territorial authority considers appropriate to include in the instrument.
5: When deciding under subsection (4) which provisions (if any) to modify or exclude or what other matters to include, the territorial authority shall consider—
a: any relevant rules in the district plan; and
b: the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
c: the purpose or purposes of the strip, including the needs of potential users of the strip; and
d: the use of the strip and adjoining land by the owner and occupier; and
e: the use of the river, lake, or coastal marine area within or adjacent to the strip; and
f: the management of any reserve in the vicinity. Section 232 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 232(2)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 232(2)﻿(e) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
233: Effect of change to boundary of esplanade strip
1: Where, for any reason, the mark of any mean high water springs or the bank of any river or the margin of any lake alters, and the alteration affects an existing esplanade strip within an allotment, a new esplanade strip coinciding with such alteration shall be deemed to have been created simultaneously with each and every such alteration within the allotment.
2: Any instrument creating any existing esplanade strip shall continue in existence and shall apply to a new esplanade strip created under subsection (1) without alteration, except as to location of the strip.
3: Every esplanade strip created by subsection (1) shall be of such dimensions and be situated and subject to the same conditions as if it had been created by an instrument continued under subsection (2) and shall extinguish in whole or in part, as the case may require, the existing esplanade strip which would have continued but for the alterations referred to in subsection (1).
4: Subject to this section, the provisions of this Act shall apply to every esplanade strip created by subsection (1).
5: Any person having an interest in land affected by the new esplanade strip created under subsection (1) shall be bound by the instrument applying to that strip. Section 233 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993
234: Variation or cancellation of esplanade strips
1: The registered owner
2: The application shall include—
a: a description of the strip and its location; and
b: an assessment of the effects of varying or cancelling the strip.
3: The territorial authority may at any time initiate a proposal to vary or cancel the instrument creating an esplanade strip by preparing a statement covering the matters specified in subsection (2); and references to an application in this section shall include a statement made under this subsection.
4: Upon receipt of an application under subsection (1) by the territorial authority, or after the preparation of a statement by the territorial authority under subsection (3), the provisions of sections 127 to 132
5: The territorial authority, when considering an application to vary or cancel any instrument creating an esplanade strip shall have regard to—
a: those matters set out in section 104(1)
b: the purpose or purposes, as set out in section 229
c: any change in circumstances which has made the strip or any of the conditions in the instrument creating the strip inappropriate or unnecessary.
6: After considering the application for variation or cancellation of an instrument creating an esplanade strip, the territorial authority—
a: may grant the application, with or without modifications; or
b: may decline the application.
7: When all the appeals (if any) are finally determined, the territorial authority shall lodge for registration with the Registrar-General of Land chief executive
8: The Registrar-General of Land Section 234 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 234(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 234(7) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 234(7) amended 1 July 2003 section 262 Local Government Act 2002 Section 234(8) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
235: Creation of esplanade strips by agreement
1: An esplanade strip may at any time be created for any of the purposes specified in section 229 registered owner sections 229 232 233 234 237(2) 237C
2: No instrument for an esplanade strip by agreement may be registered with the Registrar-General of Land Section 235 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 235(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 235(1) amended 1 August 2003 section 74 Resource Management Amendment Act 2003 Section 235(1) amended 17 December 1997 section 44 Resource Management Amendment Act 1997 Section 235(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
236: Where land previously set aside or reserved
Where—
a: land along the mean high water mark or the mark of mean high water springs of the sea, or along the bank of any river, or along the margin of any lake, has—
i: been set aside as an esplanade reserve under this Part, or has been reserved for the purpose specified in section 289 section 29(1) of the Counties Amendment Act 1961 section 11 of the Land Subdivision in Counties Act 1946
ii: been set aside or reserved for public recreation purposes pursuant to any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or
iii: been reserved from sale or other disposition pursuant to section 24 section 58
b: a survey plan of land adjoining that land previously set aside or reserved is submitted to the territorial authority under section 223 then, notwithstanding that any land of the kind referred to in paragraph (a) has been previously reserved or set aside but subject to any rule in a district plan or any resource consent, there may, as a condition of consent under section 220(1)﻿(aa)
c: be of a width that is the difference between the width of the land previously set aside or reserved and—
i: the width required by a rule in a district plan under section 77
ii: the width required by a rule in a district plan under section 77
iii: where any allotment less than 4 hectares is created when land is subdivided, and there is no rule in a district plan under section 77 section 230 Section 236 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 236 amended 17 December 1997 section 45 Resource Management Amendment Act 1997
237: Approval of survey plans where esplanade reserve or esplanade strips required
1: Subject to subsection (3), the territorial authority shall not approve a survey plan unless any esplanade reserve or esplanade strip required under this Part is shown on the survey plan.
2: Notwithstanding anything in the Land Transfer Act 2017
3: Where—
a: an esplanade reserve or esplanade strip is required under this Part in respect of a subdivision which is to be effected by the grant of a cross lease or company lease or by the deposit of a unit plan; and
b: it is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under section 223 primary survey plan the territorial authority, after consultation with the Registrar-General of Land
4: Where the territorial authority approves a separate survey plan under subsection (3)—
a: a memorandum to that effect shall be endorsed on the primary survey plan and the separate survey plan; and
b: the Registrar-General of Land the Registrar-General of Land record of title section 228
5: Subject to this section, nothing in section 11 Section 237 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 237(4)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237(4)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
237A: Vesting of land in common marine and coastal area or bed of lake or river
1: Where a survey plan is submitted to a territorial authority in accordance with section 223
a: show as vesting in the territorial authority—
i: such part of the allotment as forms part of the bed of a river or lake and adjoins an esplanade reserve shown as vesting in the territorial authority; or
ii: such part of the allotment as forms part of the bed of a river or lake and is required to be so vested as a condition of a resource consent:
b: show any part of the allotment that is in the coastal marine area as part of the common marine and coastal area.
2: Any requirement to vest the bed under subsection (1)﻿(a)﻿(i) Section 237A inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237A heading replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 237A(1)﻿(b) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 237A(2) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
237B: Access strips
1: A local authority may agree with the registered owner
2: Any such easement shall—
a: be executed by the local authority and the registered owner
b: be in the prescribed form; and
c: contain the relevant provisions in accordance with Schedule 10
3: When deciding which matters shall be provided for in the easement, the parties shall consider—
a: which provisions in clauses 2 3 7
b: any other matters that the local authority and registered proprietor consider appropriate to include in the easement.
4: When deciding under subsection (3) which provisions (if any) to modify or exclude or what other matters to include, the parties shall consider—
a: any relevant rules in the district plan; and
b: the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
c: the purpose of the strip, including the needs of potential users of the strip; and
d: the use of the strip and adjoining land by the owner and occupier; and
e: where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and
f: the management of any reserve in the vicinity.
5: Any such easement shall take effect when registered at the office of the Registrar-General of Land
6: An access strip may be closed to public entry under section 237C
7: No easement for an access strip may be registered with the Registrar-General of Land
8: The registered owner section 234(7) and (8) Section 237B inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237B(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237B(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237B(5) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 237B(7) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 237B(8) amended 12 November 2018 section 250 Land Transfer Act 2017
237C: Closure of strips to public
1: An esplanade strip or access strip may be closed to the public for the times and periods specified in the instrument or easement under Schedule 10
2: The local authority shall ensure, where practicable, that any closure specified in the instrument or easement, or any closure for safety or emergency reasons, is adequately notified (including notification that it is an offence to enter the strip during the period of closure) to the public by signs erected at all entry points to the strip, unless the instrument or easement provides that another person is responsible for such notification. Section 237C inserted 7 July 1993 section 124 Resource Management Amendment Act 1993
237D: Transfers to the Crown or regional council
1: Notwithstanding the provisions of the Reserves Act 1977 Gazette
a: shall cease to be vested in and administered by the territorial authority but instead shall vest in the Crown or the regional council; and
b: shall have such classification under the Reserves Act 1977 Gazette and, subject to the provisions of the Reserves Act 1977
2: The Minister of Conservation or a regional council may, with the prior written agreement of the territorial authority, declare by notice in the Gazette
3: The notice shall be registered in the office of the Registrar-General of Land Section 237D inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237D(1) amended 10 August 2005 section 94 Resource Management Amendment Act 2005 Section 237D(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
237E: Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares
1: Where an allotment of less than 4 hectares is created when land is subdivided, no compensation for esplanade reserves or esplanade strips shall be payable for any area of land within 20 metres from the mark of mean high water springs of the sea or from the bank of any river or from the margin of any lake, as the case may be.
2: Where an esplanade reserve or esplanade strip of a width greater than 20 metres is required to be set aside on an allotment of less than 4 hectares created when land is subdivided, the territorial authority shall pay compensation for the area of the esplanade reserve or esplanade strip above 20 metres, to the registered owner registered owner Section 237E inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237E(2) amended 12 November 2018 section 250 Land Transfer Act 2017
237F: Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more
Where any esplanade reserve or esplanade strip of any width is required to be set aside or created on an allotment of 4 hectares or more created when land is subdivided, the territorial authority shall pay to the registered owner registered owner Section 237F inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237F amended 12 November 2018 section 250 Land Transfer Act 2017
237G: Compensation
1: This section applies if—
a: the bed of a river or lake—
i: is vested in the Crown in accordance with section 237A(1)﻿(a)
ii: adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more when land is subdivided; or
b: land that is within the coastal marine area—
i: becomes part of the common marine and coastal area in accordance with section 237A(1)﻿(b)
ii: adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more created when land is subdivided.
2: In the case of land referred to in subsection (1)﻿(a), the Crown or territorial authority, as the case may be, must pay compensation to the registered owner registered owner
3: In the case of land referred to in subsection (1)﻿(b), the Crown must pay compensation to the registered owner registered owner Section 237G replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 237G(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237G(3) amended 12 November 2018 section 250 Land Transfer Act 2017
237H: Valuation
1: If the territorial authority or Crown, as the case may be, and the registered owner section 237E section 237F section 237G a registered valuer agreed on by the parties (or, failing agreement, nominated by the President of the New Zealand Institute of Valuers)
2: The territorial authority or Crown, as the case may be, or the registered owner
3: Sections 34 35 36 38
a: the registered valuer had been appointed by a territorial authority to review the objection; and
b: the review had been made under section 34
c: the references to a territorial authority in sections 34(4) 35 36
4: For the purposes of this section and of sections 237E to 237G
a: in the case of an esplanade reserve, the value of the land set aside:
b: in the case of an esplanade strip, the value of the interest in land created— and any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan. Section 237H inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237H(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237H(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 237H(2) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 237H(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237H(3) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Vesting of roads and reserves
238: Vesting of roads
1: When the Registrar-General of Land section 228 all interests in land including any
a: in the case of a regional road, in the territorial authority or regional council, as the case may be:
b: in the case of a Government road declared as such under any Act, in the Crown:
c: in the case of a State highway, in the Crown or the territorial authority, as the case may be:
d: in the case of any other road, in the territorial authority.
2: Section 238 amended 7 July 1993 section 125 Resource Management Amendment Act 1993 Section 238(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 238(2) repealed 12 November 2018 section 250 Land Transfer Act 2017
239: Vesting of reserves or other land
1: When the Registrar-General of Land section 228
a: any land shown on the survey plan as reserve to be vested in the territorial authority or the Crown, vests in the territorial authority or the Crown, as the case may be, free from all interests in land, including any Reserves Act 1977
b: any land shown on the survey plan as land to be vested in the territorial authority or in the Crown in lieu of reserves, shall vest in the territorial authority or in the Crown, as the case may be, free from all interests in land, including any ; and
c: any land or any part of the bed of a river (not being part of the coastal marine area) or lake, shown on the survey plan as land to be vested in the territorial authority or the Crown, shall vest in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and
d: to avoid doubt, any land shown on the survey plan as land in the coastal marine area becomes part of the marine and coastal area.
2: Notwithstanding subsection (1), the land may be vested subject to any specified interest which the territorial authority has certified, on the survey plan, shall remain with the land.
3: Any land vested in the Crown vests under the Land Act 1948 Section 239(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 239(1)﻿(a) amended 7 July 1993 section 126(1)﻿(a) Resource Management Amendment Act 1993 Section 239(1)﻿(b) amended 7 July 1993 section 126(1)﻿(b) Resource Management Amendment Act 1993 Section 239(1)﻿(b) amended 7 July 1993 section 126(1)﻿(c) Resource Management Amendment Act 1993 Section 239(1)﻿(c) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 239(1)﻿(d) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 239(2) inserted 7 July 1993 section 126(3) Resource Management Amendment Act 1993 Section 239(3) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Conditions as to amalgamation of land
240: Covenant against transfer of allotments
1: Where a subdivision consent includes a condition under section 220(1)﻿(b) section 220(2)﻿(a)
a: shall not approve the survey plan unless the owner has entered into such a covenant; and
b: when the covenant has been entered into, shall endorse on the survey plan a certificate to this effect.
2: Where a survey plan is endorsed with a certificate of the kind referred to in subsection (1)﻿(b),—
a: the Registrar-General of Land Land Transfer Act 2017 record of title section 228
b: the Registrar-General of Land unless the covenant referred to in the certificate has been lodged for registration.
3: Every covenant referred to in subsection (1) shall be in writing, be signed by the owner, be signed by the chief executive
a: to be an instrument capable of registration under the Land Transfer Act 2017 section 51
b: to run with the land and bind subsequent owners.
4: The territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, cancel, in whole or in part, any covenant imposed under this section or under the corresponding provision of any former enactment.
5: When a territorial authority cancels a covenant in whole or in part, then—
a: where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan:
b: where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land chief executive Registrar-General of Land Section 240(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 240(2)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 240(2)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 240(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 240(3) amended 17 December 1997 section 46(1) Resource Management Amendment Act 1997 Section 240(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 240(4) inserted 7 July 1993 section 127 Resource Management Amendment Act 1993 Section 240(5) inserted 7 July 1993 section 127 Resource Management Amendment Act 1993 Section 240(5)﻿(b) replaced 17 December 1997 section 46(2) Resource Management Amendment Act 1997 Section 240(5)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 240(5)﻿(b) amended 1 July 2003 section 262 Local Government Act 2002
241: Amalgamation of allotments
1: Where a subdivision consent includes a condition under section 220(1)﻿(b) section 220(2)﻿(a) record of title
a: the condition shall be endorsed on the survey plan; and
b: the Registrar-General of Land Land Transfer Act 2017
c: in respect of a subdivision of the Crown, the Registrar-General of Land record of title section 228 until he or she is satisfied that the condition has been complied with as fully as may be possible in the office of the Registrar-General
2: When a condition of the kind referred to in subsection (1) , or a similar condition under the corresponding provision of any previous enactment,
a: the separate parcels of land included in the record of title records of title
b: on the issue of the record of title Registrar-General of Land record of title
3: The territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, cancel, in whole or in part, any condition described in subsection (2).
4: When a territorial authority cancels a condition in whole or in part, then—
a: where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan:
b: where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land chief executive Registrar-General of Land Section 241(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(1)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(1)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(1)﻿(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(2) amended 7 July 1993 section 128(1) Resource Management Amendment Act 1993 Section 241(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(2)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(2)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(3) inserted 7 July 1993 section 128(2) Resource Management Amendment Act 1993 Section 241(4) inserted 7 July 1993 section 128(2) Resource Management Amendment Act 1993 Section 241(4)﻿(b) replaced 17 December 1997 section 47 Resource Management Amendment Act 1997 Section 241(4)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(4)﻿(b) amended 1 July 2003 section 262 Local Government Act 2002
242: Prior registered instruments protected
1: Where—
a: for the purpose of complying with a condition of a kind referred to in section 220(1)﻿(b)
i: a covenant is registered in accordance with section 240
ii: specified land is amalgamated in 1 record of title section 241
b: that other land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
c: that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of section 240(2) section 241(2) the specified land shall be deemed to be and always to have been part of the other land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on, that other land shall be deemed also to be rights and obligations in respect of, or encumbrances on, the specified land; and the Registrar-General of Land records of title
2: Where any instrument to which subsection (1) applies is a mortgage, charge, or lien, it shall be deemed to have priority over any mortgage, charge, or lien against the specified land which is registered subsequent to the issue of the record of title section 241 section 240 Registrar-General of Land records of title
3: Where a memorandum has been entered on a record of title Registrar-General of Land section 240(5) section 241(4) Registrar-General of Land Section 242(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 242(1)﻿(a)﻿(ii) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 242(3) inserted 7 July 1993 section 129 Resource Management Amendment Act 1993 Section 242(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Conditions as to easements
243: Survey plan approved subject to grant or reservation of easements
Where a subdivision consent is granted or any record of title
a: no such easement shall—
i: be surrendered by the owner of the dominant tenement; or
ii: in the case of an easement in gross, be surrendered by the grantee of the easement; or
iii: be merged by transfer to the owner of the dominant or
iv: be varied— except with the written consent of the territorial authority:
b: the territorial authority shall not approve the survey plan unless there is endorsed on the survey plan a memorandum showing, with respect to each such easement, which is the dominant tenement and which is the servient tenement or, in the case of an easement in gross, the name of the proposed grantee and which is the servient tenement:
c: the Registrar-General of Land
d: the Registrar-General of Land must endorse on any relevant records of title, a memorial that the easement is subject to the provisions of this section:
e: the territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, revoke the condition in whole or part:
f: when a territorial authority cancels a condition in whole or in part, then—
i: where the survey plan has not been approved by the Surveyor-General, a memorandum of the cancellation must be endorsed on the survey plan or notice of the cancellation must be forwarded by that authority to the Surveyor-General, who must update his or her records accordingly:
ii: where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land chief executive Registrar-General of Land Section 243 amended 12 November 2018 section 250 Land Transfer Act 2017 Section 243 amended 7 July 1993 section 130(1) Resource Management Amendment Act 1993 Section 243(a)﻿(iii) amended 7 July 1993 section 130(2) Resource Management Amendment Act 1993 Section 243(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 243(d) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 243(f) replaced 7 July 1993 section 130(3) Resource Management Amendment Act 1993 Section 243(f)﻿(i) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 243(f)﻿(ii) replaced 17 December 1997 section 48 Resource Management Amendment Act 1997 Section 243(f)﻿(ii) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 243(f)﻿(ii) amended 1 July 2003 section 262 Local Government Act 2002 Company leases and cross leases Heading repealed 1 July 1992 Building Act 1991
244: Company leases and cross leases
Section 244 repealed 1 July 1992 Building Act 1991 Reclamations
245: Consent authority approval of a plan of survey of a reclamation
1: The holder of every resource consent granted for a reclamation shall as soon as reasonably practicable after completion of the reclamation, submit to the consent authority for its approval a plan of survey in respect of the land that has been reclaimed.
2: The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Cadastral Survey Act 2002
a: the area reclaimed, including its location and the position of all new boundaries; and
b: the location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip.
3:
4: A consent authority shall approve a plan of survey submitted to it under subsection (1) if, and only if, it is satisfied that—
a: the reclamation conforms with the resource consent and any relevant provisions of any regional plan; and
b: the plan of survey conforms with subsections (2) and (3) and the resource consent; and
c: in respect of any condition of the resource consent that has not been complied with—
i: a bond has been given under section 108(2)﻿(b)
ii: a covenant has been entered into under section 108(2)﻿(d)
5: A regional council (as the consent authority) approves a plan of survey by—
a: affixing its common seal to the plan of survey (or a copy of it); and
b: having its chief executive sign and date a certificate stating that—
i: the reclamation conforms with the resource consent and the relevant provisions of any regional plan; and
ii: in respect of any condition of the resource consent that has not been complied with, a bond has been given under section 108(2)﻿(b)
6: After signing the certificate referred to in subsection (5)﻿(b) Section 245(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 245(2)﻿(b) replaced 7 July 1993 section 131(1) Resource Management Amendment Act 1993 Section 245(3) repealed 7 July 1993 section 131(2) Resource Management Amendment Act 1993 Section 245(4)﻿(c)﻿(i) amended 17 December 1997 section 49(a) Resource Management Amendment Act 1997 Section 245(4)﻿(c)﻿(ii) amended 17 December 1997 section 49(b) Resource Management Amendment Act 1997 Section 245(5) replaced 1 October 2009 section 125(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 245(6) amended 1 October 2009 section 125(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
246: Restrictions on deposit of plan of survey for reclamation
1: The holder of every resource consent granted for a reclamation shall take all steps necessary to ensure that the plan of survey is deposited under the Land Transfer Act 2017 Registrar-General of Land section 245
2: No plan of survey of a reclamation shall be deposited under the Land Transfer Act 2017 Registrar-General of Land
a: within the preceding 3 years the relevant consent authority has approved the plan of survey under section 245
b: there is lodged with the Registrar-General of Land section 245(5)﻿(b)
3: On the deposit of a plan of survey under the Land Transfer Act 2017 Registrar-General of Land section 23 section 229
4: Subsection (3) shall apply notwithstanding section 167 Section 246(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 246(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 246(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(2)﻿(b) amended 1 October 2009 section 126 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(2)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 246(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(3) amended 7 July 1993 section 132 Resource Management Amendment Act 1993
11: Environment Court
Part 11 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
247: Planning Tribunal re-named Environment Court
There shall continue to be a court of record called the Environment Court which shall be the same court as the court called the Planning Tribunal immediately before the commencement of this section and which, in addition to the jurisdiction and powers conferred on it by or pursuant to this Act or any other Act, shall continue to have all the powers inherent in a court of record. Section 247 replaced 2 September 1996 section 6(1) Resource Management Amendment Act 1996
248: Membership of
Environment Court The Environment Court
a: Environment Judges sections 249 250
b: Environment Commissioners section 254 Section 248 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 248 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 248(a) amended 1 July 2020 section 65 Resource Management Amendment Act 2020 Section 248(a) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 248(b) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Environment Judges Environment Judges Heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996
249: Eligibility for appointment as an
Environment Judge Environment Judge
1: A person shall not be appointed or hold office as an Environment Judge Environment Judge
2: A person may not be appointed or hold office as an alternate Environment Judge unless—
a: the person is a District Court Judge, an acting District Court Judge, a Maori Land Court Judge, or an acting Maori Land Court Judge; or
b: the person is a retired Environment Judge under the age of 75 years and the Chief Environment Court Judge certifies to the Attorney-General that the appointment is necessary for the proper conduct of the Environment Court. Section 249 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 249(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 249(2) replaced 1 July 2020 section 66 Resource Management Amendment Act 2020
250: Appointment of
Environment Judges
1: The Governor-General may, on the recommendation of the Attorney-General, after consulting the Minister for the Environment and the Minister for Māori Development,—
a: appoint a person as an Environment Judge in accordance with section 249(1)
b: appoint a person as an alternate Environment Judge—
i: in accordance with section 249(2)﻿(a)
ii: in accordance with section 249(2)﻿(b)
2: A person appointed under subsection (1)﻿(a) or (b)﻿(i) holds office as an Environment Judge or as an alternate Environment Judge for the term that the person holds office as a District Court Judge, an acting District Court Judge, a Maori Land Court Judge, or an acting Maori Land Court Judge, unless the person sooner resigns or is removed from office under this Act.
2A: When acting as an Environment Judge, an alternate Environment Judge appointed under subsection (1)﻿(b)﻿(ii) has the jurisdiction, powers, protections, privileges, and immunities of a District Court Judge under the District Court Act 2016
2B: A retired Environment Judge—
a: may be appointed as an alternate Environment Judge for a term of not more than 2 years and may be reappointed for 1 or more terms; but
b: must not be appointed—
i: for a term that extends beyond the date on which the Judge reaches the age of 75 years; or
ii: for multiple terms collectively totalling more than 5 years.
3: At any one time—
a: no more than 10 Environment Judge
b: any number of alternate Environment Judge
4: For the purposes of subsection (3)﻿(a),—
a: an Environment Judge who is acting on a full-time basis counts as 1:
b: an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is for the time being permitted.
5: The Attorney-General must publish information explaining his or her process for—
a: seeking expressions of interest for the appointment of Environment Judges and alternate Environment Judges; and
b: nominating a person for appointment as an Environment Judge or an alternate Environment Judge.
6: Environment Judges and alternate Environment Judges must not practise as lawyers. Section 250 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 250(1) replaced 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(2) replaced 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(2A) inserted 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(2B) inserted 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(3)﻿(a) amended 1 October 2009 section 127 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 250(3)﻿(a) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 250(3)﻿(b) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 250(4) inserted 20 May 2004 section 3(2) Resource Management Amendment Act 2004 Section 250(5) inserted 1 March 2017 section 5 Resource Management Amendment Act 2016 Section 250(6) inserted 1 March 2017 section 5 Resource Management Amendment Act 2016
250A: Judge not to undertake other employment or hold other office
1: Environment Judges and alternate Environment Judges must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Environment Court Judge
2: An approval under subsection (1) may be given only if the Chief Environment Court Judge
3: However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge. Section 250A inserted 1 March 2017 section 6 Resource Management Amendment Act 2016 Section 250A(1) amended 1 July 2020 section 68 Resource Management Amendment Act 2020 Section 250A(2) amended 1 July 2020 section 68 Resource Management Amendment Act 2020
250B: Protocol relating to activities of Judges
1: The Chief Justice must develop and publish a protocol containing guidance on—
a: the employment, or types of employment, that he or she considers may be undertaken consistent with being an Environment Judge or alternate Environment Judge; and
b: the offices, or types of offices, that he or she considers may be held consistent with being an Environment Judge or alternate Environment Judge.
2: The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Environment Court Judge Section 250B inserted 1 March 2017 section 6 Resource Management Amendment Act 2016 Section 250B(2) amended 1 July 2020 section 69 Resource Management Amendment Act 2020
251: Chief Environment Court Judge
1: The Governor-General may, on the recommendation of the Attorney-General Environment Judge Chief Environment Court Judge
2: The Chief Environment Court Judge court Environment Judges Environment Judge court's Section 251 heading replaced 1 July 2020 section 70(1) Resource Management Amendment Act 2020 Section 251(1) amended 1 July 2020 section 70(2) Resource Management Amendment Act 2020 Section 251(1) amended 20 May 2004 section 4 Resource Management Amendment Act 2004 Section 251(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 251(2) amended 1 July 2020 section 70(2) Resource Management Amendment Act 2020 Section 251(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 251(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996
251A: Appointment of acting
Chief Environment Court Judge
1: This section applies if—
a: the Chief Environment Court Judge
b: the office of Chief Environment Court Judge
2: The Governor-General may appoint another Environment Judge to act in place of the Chief Environment Court Judge Chief Environment Court Judge
3: While acting in place of the Chief Environment Court Judge Chief Environment Court Judge
a: may perform the functions and duties of the Chief Environment Court Judge
b: may for that purpose exercise all the powers of the Chief Environment Court Judge Section 251A inserted 10 August 2005 section 95 Resource Management Amendment Act 2005 Section 251A heading amended 1 July 2020 section 71(1) Resource Management Amendment Act 2020 Section 251A(1)﻿(a) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(1)﻿(b) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(2) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(3) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(3)﻿(a) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(3)﻿(b) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020
252: When an alternate
Environment Judge
1: An alternate Environment Judge Environment Judge Chief Environment Court Judge Environment Judge
2: When an alternate Environment Judge Environment Judge Environment Court Section 252 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 252(1) amended 1 July 2020 section 72 Resource Management Amendment Act 2020 Section 252(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 252(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 252(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Environment Commissioners Deputy Environment Commissioners Heading amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996
253: Eligibility for appointment as
Environment Commissioner Deputy Environment Commissioner When considering whether a person is suitable to be appointed as an Environment Commissioner Deputy Environment Commissioner Environment Court Attorney-General court court
a: economic, commercial, and business affairs, local government, and community affairs:
b: planning, resource management, and heritage protection:
c: environmental science, including the physical and social sciences:
d: architecture, engineering, surveying, minerals technology, and building construction:
da: alternative dispute resolution processes:
e: matters relating to the Treaty of Waitangi Section 253 heading amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 253 amended 20 September 2007 section 4 Resource Management Amendment Act 2007 Section 253 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 253 amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 253(da) inserted 2 September 1996 section 8 Resource Management Amendment Act 1996
254: Appointment of
Environment Commissioner Deputy Environment Commissioner
1: The Governor-General may, on the recommendation of the Attorney-General for Māori Development Environment Commissioner Deputy Environment Commissioner Environment Court
2: A person may be reappointed as an Environment Commissioner Deputy Environment Commissioner
3: At any one time any number of Environment Commissioners or Deputy Environment Commissioners may hold office.
4: If an Environment Commissioner or Deputy Environment Commissioner is not reappointed, he or she may continue in office until his or her successor comes into office, notwithstanding that the term for which he or she was appointed may have expired. Section 254 heading amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 254(1) amended 1 July 2020 section 73 Resource Management Amendment Act 2020 Section 254(1) amended 20 May 2004 section 5 Resource Management Amendment Act 2004 Section 254(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 254(1) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 254(2) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 254(3) replaced 2 September 1996 section 9 Resource Management Amendment Act 1996 Section 254(4) inserted 2 September 1996 section 9 Resource Management Amendment Act 1996
255: When a
Deputy Environment Commissioner
1: A Deputy Environment Commissioner Environment Commissioner
a: the Environment Commissioner or
b: the Chief Environment Court Judge Deputy Environment Commissioner
2: When a Deputy Environment Commissioner Environment Commissioner Deputy Environment Commissioner Environment Commissioner Environment Court Section 255 heading amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 255(1) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 255(1)﻿(a) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 255(1)﻿(a) amended 2 September 1996 section 10 Resource Management Amendment Act 1996 Section 255(1)﻿(b) amended 1 July 2020 section 74 Resource Management Amendment Act 2020 Section 255(1)﻿(b) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 255(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 255(2) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996
256: Oath of office
A person appointed as an Environment Commissioner Deputy Environment Commissioner Environment Court Section 256 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 256 amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Removal and resignation of members
257: Resignation
An Environment Judge Environment Judge Environment Commissioner Deputy Environment Commissioner Attorney-General Section 257 amended 20 May 2004 section 6 Resource Management Amendment Act 2004 Section 257 amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 257 amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996
258: Removal of members
1: The Governor-General may, if he or she thinks fit, remove an Environment Judge Environment Judge Environment Commissioner Deputy Environment Commissioner
2: The removal under subsection (1) of a District Court Judge from office as an Environment Judge Environment Judge Section 258(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 258(1) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 258(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Special advisors
259: Special advisors
1: The Chief Environment Court Judge Environment Court
2: A special advisor is not a member of the court court Section 259(1) amended 1 July 2020 section 75 Resource Management Amendment Act 2020 Section 259(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 259(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Officers of court Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
260: Registrar and other officers
1: The Environment Court
a: shall have a Registrar; and
aa: may have 1 or more Deputy Registrars; and
b: may have other persons to assist it in an administrative capacity.
2: The Registrar , a Deputy Registrar, court
a: be appointed under the Public Service Act 2020
b: be officers of the court
2A: A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar subject to the control of the Registrar.
3: An officer of the court public service Section 260(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 260(1)﻿(aa) inserted 10 August 2005 section 96(1) Resource Management Amendment Act 2005 Section 260(2) amended 10 August 2005 section 96(2) Resource Management Amendment Act 2005 Section 260(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 260(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 260(2)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 260(2A) inserted 10 August 2005 section 96(3) Resource Management Amendment Act 2005 Section 260(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 260(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Miscellaneous provisions relating to court Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
261: Protection from legal proceedings
1: No action lies against any member of the Environment Court
2: In addition, a member of the Environment Court who is a District Court Judge also has the immunities conferred by section 23
3: No action lies against the Registrar for anything the Registrar says or does, or omits to say or do, while acting in good faith under section 278(3) section 281(5) section 281A
4: No action lies against a special advisor appointed under section 259 Section 261(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 261(2) inserted 20 May 2004 section 7 Resource Management Amendment Act 2004 Section 261(2) amended 1 March 2017 section 261 District Court Act 2016 Section 261(3) inserted 10 August 2005 section 97 Resource Management Amendment Act 2005 Section 261(4) inserted 1 July 2020 section 76 Resource Management Amendment Act 2020
262: Environment Court A member of the Environment Court court Section 262 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 262 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
263: Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors
1: Each Environment Commissioner and Deputy Environment Commissioner—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)﻿(a).
3: Each special advisor must be paid, out of money appropriated by Parliament for the purpose, remuneration by way of a salary, a fee, or an allowance, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951
4: For the purposes of subsections (1)﻿(b) and (3), the Fees and Travelling Allowances Act 1951 section 2 Section 263 replaced 1 December 2022 section 28 Remuneration Authority Legislation Act 2022
264: Annual report of Registrar
1: The Registrar shall no later than 31 August in each year, deliver to the Minister of the Crown who is responsible for the Ministry of Justice Environment Court Minister of the Crown who is responsible for the Ministry of Justice
2: The Minister of the Crown who is responsible for the Ministry of Justice Section 264(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 264(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 264(1) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 264(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 264(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Constitution of court Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
265: Environment Court
1: The quorum for the Environment Court
a: 1 Environment Judge Environment Commissioner
b: 1 Environment Judge section 279 Part 12
c: 1 Environment Commissioner Chief Environment Court Judge or an Environment Judge section 280
2: When an Environment Judge Environment Commissioner Environment Judge
3: A decision of a majority of the members of the Environment Court court court Section 265 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 265(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 265(1)﻿(a) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 265(1)﻿(a) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 265(1)﻿(b) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 265(1)﻿(b) amended 7 July 1993 section 133 Resource Management Amendment Act 1993 Section 265(1)﻿(c) amended 1 July 2020 section 77 Resource Management Amendment Act 2020 Section 265(1)﻿(c) amended 19 April 2017 section 100 Resource Legislation Amendment Act 2017 Section 265(1)﻿(c) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 265(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 265(2) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 265(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
266: Constitution of the
Environment Court
1: It is in the sole discretion of the member of the Environment Court court court
2: The exercise of discretion under subsection (1) may not be questioned in proceedings before the court Section 266 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 266(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 266(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Conferences and additional dispute resolution
267: Conferences
1: An Environment Judge—
a: must, as soon as practicable after the lodging of proceedings, consider whether to convene a conference presided over by a member of the court; and
b: may, at any time after the lodging of proceedings, require the parties, or any Minister, local authority, or other person that or who has given notice of intention to appear under section 274
1A: Each person required to be present at a conference must—
a: be present in person; or
b: have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise at the conference.
2: Any party may request an Environment Judge
3: The member of the court
a: direct that such amendments to pleadings be made as appear to the member to be necessary:
b: direct that any admissions which have been made by any party and which do not appear in the pleadings, be recorded in such a manner as the member thinks fit:
c: define the issues to be tried:
d: direct that any issue, whether of fact or of law or of both, be tried before any other issue:
e: fix the dates by which the respective parties shall deliver to the court
f: direct the order in which the parties shall present their respective cases:
g: direct the order in which a party may cross-examine witnesses called on behalf of any other party:
h: limit the number of addresses and cross-examinations of witnesses by parties having the same interest:
i: direct that the evidence, or the evidence of any particular witness or witnesses, shall be given orally in open hearing, or by affidavit, or by pre-recorded statement or report duly sworn by the witness before or at the hearing, or partly by one and partly by another or other of such modes of testifying; except that in every case any opposite party shall (if that party so requires) have the opportunity of cross-examining any witness:
j: determine any question of admissibility of any evidence proposed to be tendered at the hearing by any party:
k: require further or better particulars of any matters connected with the proceedings:
l: adjourn the conference to allow for consultations among the parties:
m: give such further or other directions as he or she considers necessary.
4: The member of the court
a: shall ensure that the parties are given an opportunity to make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them; and
b: with a view to such special order (if any) as to costs as may be just being made at the hearing, may cause a record to be made, in such form as the member may direct, of any refusal to make any admission or agreement. Section 267(1) replaced 19 April 2017 section 101 Resource Legislation Amendment Act 2017 Section 267(1A) inserted 19 April 2017 section 101 Resource Legislation Amendment Act 2017 Section 267(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 267(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 267(3)﻿(e) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 267(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
268: Alternative dispute resolution
1: At any time after proceedings are lodged, the Environment Court may, for the purpose of facilitating the resolution of any matter, ask a member of the Environment Court or another person to conduct an ADR process before or at any time during the course of a hearing.
2: The Environment Court may act under this section on its own motion or on request.
3: A member of the Environment Court who conducts an ADR process is not disqualified from resuming his or her role to decide a matter if—
a: the parties agree that the member should resume his or her role and decide the matter; and
b: the member concerned and the court are satisfied that it is appropriate for him or her to do so.
4: In this section and section 268A ADR process Section 268 replaced 19 April 2017 section 102 Resource Legislation Amendment Act 2017
268A: Mandatory participation in alternative dispute resolution processes
1: This section applies to an ADR process conducted under section 268
2: Each party to the proceedings must participate in the ADR process in person or by a representative, unless leave is granted under this section.
3: Each person required to participate in an ADR process must—
a: be present in person; or
b: have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process.
4: A party to the proceedings may apply to the Environment Court for leave not to participate in the ADR process.
5: The Environment Court may grant leave if it considers that it is not appropriate for the party to participate in the ADR process. Section 268A inserted 19 April 2017 section 102 Resource Legislation Amendment Act 2017 Procedure and powers
269: Court
1: Except as expressly provided in this Act, the Environment Court
1A: However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution.
2: Environment Court
3: The Environment Court
4: The Environment Court section 267 Section 269 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 269(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 269(1A) inserted 4 September 2013 section 44 Resource Management Amendment Act 2013 Section 269(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 269(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 269(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
270: Hearing matters together
1: The Environment Court court's
2: Subsection (1) applies whenever the Environment Court Section 270(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 270(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
271: Local hearings
The Environment Court court Section 271 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
271A: Submitter may be party to proceedings
Section 271A repealed 1 August 2003 section 75 Resource Management Amendment Act 2003
272: Hearing of proceedings
1: The Environment Court
2: The time and place of hearing of proceedings before the court
3: The Registrar shall give not less than 15 working days notice of the time and place fixed for a hearing to every party to the proceedings concerned, except that an Environment Judge
4: If a person who has initiated proceedings before the court court court Section 272(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 272(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 272(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 272(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
273: Successors to parties to proceedings
1: Proceedings brought before the Environment Court
2: Every party appearing in proceedings before the Environment Court Section 273(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 273(1) amended 2 September 1996 section 12 Resource Management Amendment Act 1996 Section 273(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 273(2) amended 2 September 1996 section 12 Resource Management Amendment Act 1996
274: Representation at proceedings
1: The following persons may be a party to any proceedings before the Environment Court:
a: the Minister:
b: a local authority:
c: the Attorney-General representing a relevant aspect of the public interest:
d: a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person's right to be a party is limited by section 308C section 308A
da: a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person’s right to be a party is limited by section 308CA section 308A
e: a person who made a submission to which the following apply:
i: it was made about the subject matter of the proceedings; and
ii: section 308B(2) clauses 6(4) 29(1B)
f: a person who made a submission to which the following apply:
i: it was made about the subject matter of the proceedings; and
ii: section 308B(2) clauses 6(4) 29(1B)
iii: it was made in compliance with whichever of section 308B(2) clauses 6(4) 29(1B)
2: A person described in subsection (1) may become a party to the proceedings by giving notice
a: the period for lodging a notice of appeal ends, if the proceedings are an appeal:
b: the decision to hold an inquiry, if the proceedings are an inquiry:
c: the proceedings are commenced, in any other case.
2A: A notice given under subsection (2) must be given to—
a: the Environment Court; and
b: the relevant local authority; and
c: the appellant, in the case of an appeal, or the person who commenced proceedings, in any other case.
2B: The person giving notice under subsection (2) must, no later than 5 working days after the deadline for giving that notice, give the same notice to all other parties.
3: The notice given under subsection (2) must state—
a: the proceedings in which the person has an interest; and
b: whether the person supports or opposes the proceedings
c: if applicable, the grounds for seeking representation under subsection (1)﻿(c) or (d); and
d: an address for service.
4: A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsections (4A) and, if relevant, (4B).
4A: Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal, inquiry, or other proceeding.
4B: However, in the case of a person described in subsection (1)﻿(e) or (f), evidence may be called only
a: within the scope of the appeal, inquiry, or other proceeding; and
b: on matters arising out of that person's submissions in the previous related proceedings or on any matter on which that person could have appealed.
5: A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.
6: For the purposes of determining whether a person has an interest in proceedings greater than the interest that the general public has Schedule 11
7: Subsections (2) to (2B) are subject to section 281 Section 274 replaced 1 August 2003 section 76 Resource Management Amendment Act 2003 Section 274(1) replaced 1 October 2009 section 128(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(1)﻿(da) inserted 4 September 2013 section 45(1) Resource Management Amendment Act 2013 Section 274(2) replaced 1 October 2009 section 128(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(2) amended 4 September 2013 section 45(2) Resource Management Amendment Act 2013 Section 274(2A) inserted 4 September 2013 section 45(3) Resource Management Amendment Act 2013 Section 274(2B) inserted 4 September 2013 section 45(3) Resource Management Amendment Act 2013 Section 274(3)﻿(b) amended 1 October 2009 section 128(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(4) replaced 10 August 2005 section 99 Resource Management Amendment Act 2005 Section 274(4A) inserted 10 August 2005 section 99 Resource Management Amendment Act 2005 Section 274(4B) inserted 10 August 2005 section 99 Resource Management Amendment Act 2005 Section 274(4B) amended 1 October 2009 section 128(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(6) amended 1 October 2009 section 128(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(7) replaced 4 September 2013 section 45(4) Resource Management Amendment Act 2013
275: Personal appearance or by representative
A person who has a right to appear or is allowed to appear before the Environment Court Section 275 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
276: Evidence
1: The Environment Court
a: receive anything in evidence that it considers appropriate to receive; and
b: call for anything to be provided in evidence which it considers will assist it to make a decision or recommendation; and
c: call before it a person to give evidence who, in its opinion, will assist it in making a decision or recommendation.
1A: The court may, whether or not the parties consent,—
a: accept evidence that was presented at a hearing held by the consent authority under section 39
b: direct how evidence is to be given to the court.
2: The Environment Court
3: The Environment Court Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
4: This section applies subject to section 277A Section 276(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 276(1A) inserted 10 August 2005 section 100 Resource Management Amendment Act 2005 Section 276(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 276(3) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Section 276(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 276(4) inserted 19 April 2017 section 103 Resource Legislation Amendment Act 2017
276A: Evidence of documents
A copy of, or extract from, a policy statement or plan, certified to be a true copy by the principal administrative officer or by any other authorised officer of the relevant local authority, is admissible in evidence in legal proceedings to the same extent as the original document. Section 276A inserted 1 August 2003 section 77 Resource Management Amendment Act 2003
277: Hearings and evidence generally to be public
1: All hearings of the Environment Court
2: The Environment Court
a: order that any evidence be heard in private:
b: prohibit or restrict the publication of any evidence— if it considers that the reasons for doing so outweigh the public interest in a public hearing and publication of evidence. Section 277(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 277(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
277A: Powers of Environment Court in relation to evidence heard on appeal by way of rehearing
Section 277A repealed 30 November 2022 section 110 Statutes Amendment Act 2022
278: Environment Court has powers of
1: The Environment Court and Environment Judges have the same powers that the District Court , including, without limitation, the power to commission a report from an independent expert on any matter raised in an appeal, as provided for by subpart 4
1A: Despite rule 9.31
2: An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge
3: If the Registrar is directed to do so by an Environment Judge, the Registrar may act on behalf of the Environment Court or an Environment Judge in doing any act preliminary or incidental to any proceedings, including—
a: the issuing of summonses requiring the attendance of witnesses; and
b: the making of an order for the production of documents; and
c: the convening of a conference under section 267
4: An order made by the Registrar under subsection (3) or an application granted under section 281
5: The Registrar may take a statutory declaration or an affidavit. Section 278 heading amended 1 March 2017 section 261 District Court Act 2016 Section 278 heading amended 2 September 1996 section 14 Resource Management Amendment Act 1996 Section 278(1) replaced 2 September 1996 section 14 Resource Management Amendment Act 1996 Section 278(1) amended 1 March 2017 section 261 District Court Act 2016 Section 278(1) amended 10 August 2005 section 101(1) Resource Management Amendment Act 2005 Section 278(1A) inserted 10 August 2005 section 101(2) Resource Management Amendment Act 2005 Section 278(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 278(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 278(3) replaced 10 August 2005 section 101(3) Resource Management Amendment Act 2005 Section 278(4) inserted 10 August 2005 section 101(3) Resource Management Amendment Act 2005 Section 278(5) inserted 10 August 2005 section 101(3) Resource Management Amendment Act 2005
279: Powers of
Environment Judge
1: An Environment Judge
a: an order in the course of proceedings:
b: an order that is not opposed:
c: an order in respect of a matter which the parties to the proceedings agree should be heard and decided by an Environment Judge
d: an order giving directions as to service of anything:
e: an order in any proceedings when the matter at issue is substantially a question of law only:
f: an order made on the application of a party to proceedings directing that any proceedings should be heard and decided by an Environment Judge
fa: an order, in any proceedings where questions of law and other matters are raised, directing that any proceedings should be heard and decided by 1 Environment Judge Environment Commissioner
g: an order as to costs:
h: an order made on an application for a rehearing:
i: an order on any appeal against any requirement to pay an administrative charge:
j: a declaration relating to any inconsistency between a plan and a policy statement:
k: an order directing that any determination under section 91
2: An Environment Judge
a: exercise any powers conferred by the Chief Environment Court Judge Environment Commissioner section 280
b: waive a requirement or give a direction under section 281
3: An Environment Judge section 42 Environment Judge
a: on an application made under section 42(4)
b: on an application made under section 42(5) section 42(2) section 42
c: on an application made at any stage of proceedings before the Environment Court section 42(2) section 42 or may decline to make any such order.
4: An Environment Judge
a: that it is frivolous or vexatious; or
b: that it discloses no reasonable or relevant case in respect of the proceedings; or
c: that it would otherwise be an abuse of the process of the Environment Court
5: In the case of an appeal under section 120
a: exercise any other powers of the Environment Court that may be conferred by the Chief Environment Court Judge
b: exercise those powers on any terms and conditions that the Chief Environment Court Judge Section 279 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279 heading amended 7 July 1993 section 134 Resource Management Amendment Act 1993 Section 279(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(1)﻿(c) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(1)﻿(f) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(1)﻿(fa) inserted 7 July 1993 section 134 Resource Management Amendment Act 1993 Section 279(1)﻿(fa) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(1)﻿(fa) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 279(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(2)﻿(a) amended 1 July 2020 section 78 Resource Management Amendment Act 2020 Section 279(2)﻿(a) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 279(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(3)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 279(4) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 279(4)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 279(5) inserted 19 April 2017 section 105 Resource Legislation Amendment Act 2017 Section 279(5)﻿(a) amended 1 July 2020 section 78 Resource Management Amendment Act 2020 Section 279(5)﻿(b) amended 1 July 2020 section 78 Resource Management Amendment Act 2020
280: Powers of
Environment Commissioner Environment Judge
1: An Environment Commissioner or Environment Commissioners sitting without an Environment Judge may exercise such powers as may be conferred by the Chief Environment Court Judge Chief Environment Court Judge
a: issue summonses requiring the attendance of witnesses; and
b: convene a conference under section 267
1AA: If proceedings relate to an appeal under section 120
a: in relation to a particular matter, exercise any of the powers conferred by section 279(1) to (4) section 267
b: exercise the powers referred to in paragraph (a) on any terms and conditions that the Environment Judge may think fit.
1A:
1B: An Environment Commissioner may take a declaration or an affidavit.
2: Any party may, within 15 working days of the exercise of any power under this section, apply in writing to an Environment Judge Environment Court
3: If leave is granted by an Environment Judge Environment Court
4: The Environment Court Environment Commissioner's Section 280 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 280 heading amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 280(1) replaced 10 August 2005 section 102 Resource Management Amendment Act 2005 Section 280(1) amended 1 July 2020 section 79 Resource Management Amendment Act 2020 Section 280(1AA) inserted 19 April 2017 section 106(1) Resource Legislation Amendment Act 2017 Section 280(1A) repealed 19 April 2017 section 106(2) Resource Legislation Amendment Act 2017 Section 280(1B) inserted 10 August 2005 section 102 Resource Management Amendment Act 2005 Section 280(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 280(2) amended 2 September 1996 section 15(3) Resource Management Amendment Act 1996 Section 280(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 280(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 280(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 280(4) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996
281: Waivers and directions
1: A person may apply to the Environment Court
a: waive a requirement of this Act or another Act or a regulation about—
i: the time within which anything shall be served; or
ii: the time within which an appeal or submission to the Environment Court must be lodged; or
iia: the time within which a person must give notice under section 274
iii: the method of service; or
iv: the documents that shall be served; or
v: the persons on whom anything shall be served; or
vi: the information, or the accuracy of information, that shall be supplied; or
b: give a direction about—
i: the time within which or the method by which anything is to be served; or
ii: what shall be served, whether or not the direction complies with this Act or any other Act or a regulation; or
iii: the terms, including terms as to adjournment, costs, or other things, on which any information shall be supplied.
2: The Environment Court
3: Without limiting subsection (2), the Environment Court court
a: the appellant or applicant and the respondent consent to that waiver; or
b: any of those parties who have not so consented will not be unduly prejudiced.
4: Without limiting subsections (2) and (3), the Environment Court
5: A Registrar may exercise a power in this section if conferred by the Chief Environment Court Judge Chief Environment Court Judge Section 281(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 281(1)﻿(a)﻿(ii) replaced 1 August 2003 section 79 Resource Management Amendment Act 2003 Section 281(1)﻿(a)﻿(iia) inserted 1 August 2003 section 79 Resource Management Amendment Act 2003 Section 281(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 281(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 281(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 281(5) inserted 10 August 2005 section 103 Resource Management Amendment Act 2005 Section 281(5) amended 1 July 2020 section 80 Resource Management Amendment Act 2020
281A: Registrar may waive, reduce, or postpone payment of fee
1: A person may apply to the Registrar for a waiver, reduction, or postponement of the payment to the court of any fee prescribed by regulations made under this Act.
2: The application must be made in the prescribed form (if any).
3: The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any prescribed criteria, that—
a: the person responsible for paying the fee is unable to pay the fee in whole or in part; or
b: in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised. Section 281A replaced 19 April 2017 section 107 Resource Legislation Amendment Act 2017
281B: Review of exercise of power by Registrar
1: A person directly affected by the exercise of a power by a Registrar may apply to an Environment Judge to reconsider the matter.
2: The application must be by notice to the Registrar and other persons affected, within 10
3: The Environment Judge may confirm, modify, or reverse the decision of the Registrar. Section 281B inserted 10 August 2005 section 104 Resource Management Amendment Act 2005 Section 281B(2) amended 4 September 2013 section 46 Resource Management Amendment Act 2013
282: Application of Contempt of Court Act 2019
1: Subparts 2 4 sections 25 26(1) and (2)
2: Those provisions apply to proceedings of the Environment Court as if—
a: references to a court include the Environment Court; and
b: references to a Judge include an Environment Judge and an Alternate Environment Judge; and
c: references to a judicial officer include an Environment Commissioner and a Deputy Environment Commissioner; and
d: references to an officer of the court include an officer of the Environment Court. Section 282 replaced 26 August 2020 section 29 Contempt of Court Act 2019
283: Non-attendance or refusal to co-operate
1: Except as provided in subsection (2), no person shall, without reasonable cause—
a: fail to appear in accordance with a summons issued by an Environment Judge Environment Commissioner
b: refuse to be sworn or give evidence at proceedings before the court
c: refuse to answer any questions put by a member of the court court
2: A person need not comply with subsection (1) if he or she was not given travelling expenses in accordance with the scale for witnesses in civil cases under the District Court Act 2016
a: at the time the summons was served; or
b: at some reasonable time before the hearing. Section 283(1)﻿(a) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 283(1)﻿(a) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996 Section 283(1)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 283(1)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 283(2) amended 1 March 2017 section 261 District Court Act 2016
284: Witnesses' allowances
1: A witness attending the Environment Court
2: Payment of expenses shall be made in accordance with the scale of allowances for witnesses in civil cases under the District Court Act 2016
3: When a witness is called or evidence is obtained by the court court
a: form part of the costs of the proceedings; or
b: be paid from money appropriated by Parliament for the purpose. Section 284(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 284(2) amended 1 March 2017 section 261 District Court Act 2016 Section 284(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
284A: Security for costs
Section 284A repealed 1 October 2009 section 129 Resource Management (Simplifying and Streamlining) Amendment Act 2009
285: Awarding costs
1: The Environment Court may order any party to proceedings before it to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the court considers reasonable.
2: Subsection (1) does not apply if the Environment Court makes an order under section 308H(2)
3: The Environment Court may order any party to proceedings before it to pay to the Crown all or any part of the court's costs and expenses.
4: Subsection (3) does not apply if the Environment Court makes an order under section 308H(3)
5: In proceedings under section 87G 149T 198E 198K
a: when deciding whether to make an order under subsection (1) or (3),—
i: apply a presumption that costs under subsections (1) and (3) are not to be ordered against a person who is a party under section 274(1)
ii: apply a presumption that costs under subsection (3) are to be ordered against the applicant; and
b: when deciding on the amount of any order it decides to make, have regard to the fact that the proceedings are at first instance.
6: The Environment Court may order a party who fails to proceed with a hearing at the time the court arranges, or who fails to give adequate notice of the abandonment of the proceedings, to pay to any other party or to the Crown any of the costs and expenses incurred by the other party or the Crown.
7: The Environment Court may order an applicant to pay the costs and expenses that a consent authority or a territorial authority incurred in assisting the court in relation to a report provided by the authority under section 87F 165ZFE(6) 198D 198J
8: In deciding whether to make an order under subsection (7), the court must apply a presumption that such costs are to be ordered against the applicant. Section 285 replaced 1 October 2009 section 130 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 285(7) inserted 4 September 2013 section 47 Resource Management Amendment Act 2013 Section 285(8) inserted 4 September 2013 section 47 Resource Management Amendment Act 2013
286: Enforcing orders for costs
An order for costs made by the Environment Court at the office of the court named in the order Section 286 amended 1 March 2017 section 261 District Court Act 2016 Section 286 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
287: Reference of questions of law to High Court
1: The Environment Court question
2: The case shall be settled and signed by an Environment Judge at the appropriate registry of the High Court
3: The settling and signing of the case by an Environment Judge court
4: The Environment Court at the appropriate registry of the High Court
5: For the purposes of this section, the appropriate registry of the High Court Section 287(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 287(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 287(2) amended 10 August 2005 section 105(1) Resource Management Amendment Act 2005 Section 287(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 287(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 287(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 287(4) amended 10 August 2005 section 105(2) Resource Management Amendment Act 2005 Section 287(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 287(5) replaced 10 August 2005 section 105(3) Resource Management Amendment Act 2005
288: Privileges and immunities
Witnesses and counsel appearing before the Environment Court the District Court Section 288 amended 1 March 2017 section 261 District Court Act 2016 Section 288 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
288A: Information regarding reserved judgments
The Chief Environment Court Judge
a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and
b: periodically publish information about the number of judgments of the court that he or she considers are outstanding beyond a reasonable time for delivery; and
c: publish information about reserved judgments that he or she considers is useful. Section 288A inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 Section 288A amended 1 July 2020 section 81 Resource Management Amendment Act 2020
288B: Recusal guidelines
The Chief Environment Court Judge Section 288B inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 Section 288B amended 1 July 2020 section 82 Resource Management Amendment Act 2020
288C: Judge may make order restricting commencement or continuation of proceeding
1: A Judge may make an order restricting a person from commencing or continuing civil proceedings in the Environment Court.
2: The order may have—
a: a limited effect (a limited order
b: an extended effect (an extended order
3: A limited order restrains a party from continuing or commencing civil proceedings on a particular matter in the Environment Court.
4: An extended order restrains a party from continuing or commencing civil proceedings on a particular or related matter in the Environment Court.
5: Nothing in this section limits the court’s inherent power to control its own proceedings. Section 288C inserted 1 March 2017 section 8 Resource Management Amendment Act 2016
288D: Grounds for making section 288C order
1: A Judge may make a limited order under section 288C
2: A Judge may make an extended order under section 288C
3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.
4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
5: For the purpose of this section and sections 288E 288F Section 288D inserted 1 March 2017 section 8 Resource Management Amendment Act 2016
288E: Terms of section 288C order
1: An order made under section 288C
2: An order made under section 288C Section 288E inserted 1 March 2017 section 8 Resource Management Amendment Act 2016
288F: Procedure and appeals relating to section 288C orders
1: A party to any proceeding may apply for a limited order or an extended order.
2: A Judge may make an order under section 288C section 288C order
3: An application for leave to continue or commence a civil proceeding by a party subject to a section 288C
4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
5: A Judge’s determination of an application for leave is final.
6: A section 288C
7: The party against whom a section 288C
8: The appellant in an appeal under subsection (7) or the applicant for the section 288C
9: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be. Section 288F inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 Appeals, inquiries, and other proceedings before Environment Court Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
289: Reply to appeal or request for inquiry
Section 289 repealed 1 October 2009 section 131 Resource Management (Simplifying and Streamlining) Amendment Act 2009
290: Powers of
court
1: The Environment Court
2: The Environment Court
3: The Environment Court
4: Nothing in this section affects any specific power or duty the Environment Court Section 290 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 290(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 290(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 290(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 290(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
290AA: Powers of court in regard to certain appeals under clause 14 of Schedule 1
The Environment Court, when hearing an appeal under clause 14(1) section 55(2B) Section 290AA inserted 1 October 2009 section 132 Resource Management (Simplifying and Streamlining) Amendment Act 2009
290A: Environment Court to have regard to decision that is subject of appeal or inquiry
In determining an appeal or inquiry, the Environment Court must have regard to the decision that is the subject of the appeal or inquiry. Section 290A inserted 10 August 2005 section 106 Resource Management Amendment Act 2005
291: Other proceedings before
court
1: Except as otherwise provided in this Act, or any other Act, or regulation, every originating application to the Environment Court
2: The applicant shall as soon as reasonably practicable after lodging a notice of motion with the Registrar, serve copies of the notice and affidavit upon such persons, if any, as are parties to the application and advise the Registrar accordingly.
3: An Environment Judge
4: Every person upon whom a notice of motion has been served shall, if he or she desires to be heard on the application, within 15 working days after the date of service upon him or her, give written notice in the prescribed form to the Registrar and the applicant of his or her desire to be heard and of the matters he or she wishes to advance. Section 291 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 291(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 291(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Court's Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
292: Remedying defects in plans
1: The Environment Court
a: remedying any mistake, defect, or uncertainty; or
b: giving full effect to the plan.
2: The local authority to whom a direction is made under subsection (1) shall comply with the direction without using the process in Schedule 1 Section 292(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 292(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
293: Environment Court may order change to
proposed
1: After hearing an appeal against, or an inquiry into, the provisions of any proposed policy statement or plan
a: prepare changes to the proposed policy statement or plan
b: consult the parties and other persons that the court directs about the changes:
c: submit the changes to the court for confirmation.
2: The court—
a: must state its reasons for giving a direction under subsection (1); and
b: may give directions under subsection (1) relating to a matter that it directs to be addressed.
3: Subsection (4) applies if the Environment Court finds that a proposed policy statement or plan
a: a national policy statement:
b: a
ba: a national planning standard:
c: a relevant regional policy statement:
d: a relevant regional plan:
e: a water conservation order.
4: The Environment Court may allow a departure to remain if it considers that it is of minor significance and does not affect the general intent and purpose of the proposed policy statement or plan
5: In subsections (3) and (4), departs departure proposed policy statement or plan
a: does not give effect to a national policy statement, a New Zealand coastal policy statement, a national planning standard,
b: is inconsistent with a relevant regional plan or water conservation order. Section 293 replaced 10 August 2005 section 107 Resource Management Amendment Act 2005 Section 293 heading amended 1 October 2009 section 133(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(1) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(1)﻿(a) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(3) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(3)﻿(b) amended 19 April 2017 section 108(1) Resource Legislation Amendment Act 2017 Section 293(3)﻿(ba) inserted 19 April 2017 section 108(2) Resource Legislation Amendment Act 2017 Section 293(4) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(5) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(5)﻿(a) amended 19 April 2017 section 108(3) Resource Legislation Amendment Act 2017
293A: Determinations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011
1: This section applies to a determination made by the Environment Court on—
a: an appeal relating to—
i: a submission made in reliance on section 85B(1)﻿(a)
ii: a request made in reliance on section 85B(1)﻿(b)
b: an application made under section 85B(1)﻿(c)
2: The Environment Court must—
a: determine the matters referred to in subsection (1) in accordance with clause 15
b: consider the matters set out in section 85B(2)
3: An application made under section 85B(1)﻿(c)
a: made in accordance with section 291
b: without limiting the discretion as to service under section 291 Section 293A inserted 17 January 2005 section 29 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 293A heading replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
294: Review of decision by
court
1: Where, after any decision has been given by the Environment Court court
2: Any party may apply to the court court
3: The decision of the court court Section 294 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 294(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 294(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 294(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Decisions of Environment Court Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
295: Environment Court A decision of the Environment Court section 294 section 299 Section 295 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 295 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
296: No review of decisions unless right of appeal or reference to inquiry exercised
If there is a right to refer any matter for inquiry to the Environment Court court
a: no application for review under the Judicial Review Procedure Act 2016
b: no proceedings seeking a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision, may be heard by the High Court— unless the right has been exercised by the applicant in the proceedings and the court Section 296 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 296(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
297: Decisions of
court Every decision, determination, or order of the Environment Court court court court Section 297 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 297 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
298: Documents judicially noticed
The Environment Court court Section 298 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Appeals from Environment Court Heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
299: Appeal to High Court on question of law
1: A party to a proceeding before the Environment Court under this Act or any other enactment may appeal on a question
2: The appeal must be made in accordance with the High Court Rules 2016 sections 300 to 307 Section 299 replaced 1 January 2004 section 48(1) Supreme Court Act 2003 Section 299(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 299(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
300: Notice of appeal
1: An appellant shall file a notice of appeal within 15 working days after the date on which the appellant is notified of the Environment Court
2: The appeal shall be filed with the Registrar of the High Court
3: Within the time specified in subsection (1) the appellant shall serve a copy of the notice on the authority whose decision was the subject of the Environment Court
4: Before or within 5 working days after the appeal is filed the appellant shall serve a copy of the notice on—
a: every other party to the proceedings or any person who appeared before the Environment Court
b: the Registrar of the Environment Court
5: The notice of appeal shall specify—
a: the decision or report and recommendation, or part of the decision or report and recommendation, appealed against; and
b: the error of law alleged by the appellant; and
c: the question of law to be resolved; and
d: the grounds of appeal with sufficient particularity for the court and other parties to understand them ; and
e: the relief sought.
6: The Registrar of the Environment Court Section 300(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 300(2) amended 10 August 2005 section 109(1) Resource Management Amendment Act 2005 Section 300(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 300(4)﻿(a) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 300(4)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 300(5)﻿(d) amended 2 September 1996 section 17(a) Resource Management Amendment Act 1996 Section 300(5)﻿(e) inserted 2 September 1996 section 17(b) Resource Management Amendment Act 1996 Section 300(6) amended 10 August 2005 section 109(2) Resource Management Amendment Act 2005 Section 300(6) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
301: Right to appear and be heard on appeal
1: A party to any proceedings or any person who appeared before the Environment Court
a: the appellant; and
b: the Registrar of the High Court
c: the Registrar of the court
d: when the decision or report and recommendation was made by the court
2: The notice to appear under subsection (1) shall be served within 10 working days after the party was served with the notice of appeal. Section 301(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 301(1)﻿(b) amended 10 August 2005 section 110 Resource Management Amendment Act 2005 Section 301(1)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 301(1)﻿(d) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
302: Parties to the appeal before the High Court
1: The parties to an appeal before the High Court are the appellant and any person who gives notice of intention to appear under section 301
2: The Registrar of the High Court shall ensure that the parties to an appeal before the High Court are served with—
a: every document which is filed or lodged with the Registrar of the High Court
b: notice of the date set down for hearing the appeal. Section 302(2)﻿(a) amended 10 August 2005 section 111 Resource Management Amendment Act 2005
303: Orders of the High Court
1: The High Court may, on application to it or on its own motion, make an order directing the Environment Court
a: anything in the possession of the court
b: a report recording, in respect of any matter or issue the High Court court
c: a report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may specify, any reasons or considerations to which the court
2: An application under subsection (1) shall be made—
a: in the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or
b: in the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal.
3: The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of a question Section 303(1) amended 10 August 2005 section 112 Resource Management Amendment Act 2005 Section 303(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 303(1)﻿(a) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 303(1)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 303(1)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 303(1)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 303(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
304: Dismissal of appeal
The High Court may dismiss an appeal if—
a: the appellant does not appear at the hearing of the appeal; or
b: the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal.
305: Additional appeals on
questions
1: When a party to an appeal other than the appellant wishes to contend that the decision or report and recommendation of the Environment Court questions
2: The notice under subsection (1) shall be lodged within 20 working days of the date on which the respondent is served with a copy of the notice of appeal.
3: Sections 299 300(3) and (4) 303 304 Section 305 heading amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 305(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 305(1) amended 10 August 2005 section 113 Resource Management Amendment Act 2005 Section 305(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
306: Extension of time
On the application of a party to an appeal, the High Court may extend any period of time stated in sections 299 to 301 303 305
307: Date of hearing
When a party to an appeal notifies the Registrar of the High Court
a: that the notice of appeal has been served on all parties to the proceedings; and
b: either—
i: that no application has been lodged under section 303
ii: that any application lodged under section 303 the appeal is ready for hearing and the Registrar shall arrange a hearing date as soon as practicable. Section 307 amended 10 August 2005 section 114 Resource Management Amendment Act 2005
308: Appeals to the Court of Appeal
1: Subpart 8 section 299 section 300
2: Subsection (1) does not apply to appeals against a determination of the High Court under section 299 section 149U section 149V(3) to (7) Section 308(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 308(2) inserted 1 October 2009 section 134 Resource Management (Simplifying and Streamlining) Amendment Act 2009
11A: Act not to be used to oppose trade competitors
Part 11A inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009
308A: Identification of trade competitors and surrogates
In this Part,—
a: person A
b: person B
c: person C
i: to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:
ii: to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)﻿(a)﻿(ii) 198E 198K Section 308A inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308A(c) replaced 4 September 2013 section 48 Resource Management Amendment Act 2013
308B: Limit on making submissions
1: Subsection (2) applies when person A wants to make a submission under section 96
2: Person A may make the submission only if directly affected by an effect of the activity to which the application relates, that—
a: adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition.
3: Failure to comply with the limits on submissions set in section 149E 149O Schedule 1 Section 308B inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308B(3) amended 19 April 2017 section 109 Resource Legislation Amendment Act 2017
308C: Limit on representation at appeals
1: This section applies when person A wants to be a party under section 274
2: Person A may be a party to the appeal only if directly affected by an effect of the subject matter of the appeal that—
a: adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition. Section 308C inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009
308CA: Limit on representation at proceedings as party under section 274
1: This section applies when person A wants to be a party under section 274 section 87G 149T 165ZFE(9)﻿(a)﻿(ii) 198E 198K
2: Person A may be a party to the proceeding only if directly affected by an effect of the subject matter of the proceeding that—
a: adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition. Section 308CA inserted 4 September 2013 section 49 Resource Management Amendment Act 2013
308D: Limit on appealing under this Act
Person A must not bring an appeal, or be a party to an appeal, under this Act , or become a party to a proceeding under section 87G 149T 165ZFE(9)﻿(a)﻿(ii) 198E 198K
a: protecting person A from trade competition:
b: preventing person B from engaging in trade competition:
c: deterring person B from engaging in trade competition. Section 308D inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308D amended 4 September 2013 section 50 Resource Management Amendment Act 2013
308E: Prohibition on using surrogate
Person A must not, for any of the purposes in section 308D
a: to bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B:
b: to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)﻿(a)﻿(ii) 198E 198K Section 308E replaced 4 September 2013 section 51 Resource Management Amendment Act 2013
308F: Surrogate must disclose status
Person C must tell the court if person C—
a: appears before the court—
i: as the appellant, or as a party to an appeal, against a decision under this Act in favour of person B:
ii: as a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)﻿(a)﻿(ii) 198E 198K
b: has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A to bring the appeal or be a party to the appeal , or to be a party to the proceeding, section 308D Section 308F inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308F(a) replaced 4 September 2013 section 52(1) Resource Management Amendment Act 2013 Section 308F(b) amended 4 September 2013 section 52(2) Resource Management Amendment Act 2013
308G: Declaration that Part contravened
1: Proceedings may be brought in the Environment Court for a declaration that person A or person C—
a: contravened any of the provisions in this Part:
b: aided, abetted, counselled, induced, or procured the contravention of any of the provisions in this Part:
c: conspired with any other person in the contravention of any of the provisions in this Part:
d: was in any other way knowingly concerned in the contravention of any of the provisions in this Part.
2: The proceedings may be brought by any person (other than person A or person C) who was—
a: a party to an appeal against a decision under this Act in favour of person B; or
b: a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)﻿(a)﻿(ii) 198E 198K
3: The proceedings must not be commenced until the appeal or proceedings referred to in subsection (2) are determined.
4: The proceedings must be commenced within 6 years after the contravention.
5: The Environment Court may make the declaration. Section 308G inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308G(2) replaced 4 September 2013 section 53 Resource Management Amendment Act 2013 Section 308G(3) replaced 4 September 2013 section 53 Resource Management Amendment Act 2013
308H: Costs orders if declaration made
1: This section applies if the Environment Court makes a declaration under section 308G
2: The Environment Court must make an order that the party against whom it makes the declaration pay to any other party an amount for costs and expenses that the court must calculate by—
a: totalling all the costs and expenses (including witness expenses) that the other party incurred because the party against whom the declaration is made contravened the provision in this Part; and
b: deducting from the total any amount for costs and expenses (including witness expenses) that the party against whom the declaration is made has paid to the other party in previous proceedings on the same matter.
3: The Environment Court must make an order that the party against whom it makes the declaration pay to the Crown an amount for costs and expenses that the court must calculate by—
a: totalling all the costs and expenses incurred by the court because the party against whom the declaration is made contravened the provision in this Part; and
b: deducting from the total any amount for costs and expenses that the party against whom the declaration is made has paid to the Crown in previous proceedings on the same matter.
4: The court may decline to make an order under subsection (2) or (3) only if the court considers that the order should not be made because the circumstances are exceptional. If the court declines to make an order under subsection (2) or (3), it may make an order under section 285(1) or (3)
5: If the court makes a declaration against person C, it must also make an order that person A not directly or indirectly reimburse person C for the costs and expenses that the court has ordered person C to pay. Section 308H inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009
308I: Proceedings for damages in High Court
1: A person who obtains a declaration under section 308G
2: The proceedings must be brought in accordance with the High Court Rules 2016
3: The proceedings must be commenced within 6 years after the declaration is made.
4: The High Court must order the payment of damages for loss suffered by the plaintiff because of the conduct of the defendant that gave rise to the making of the declaration. Section 308I inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308I(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
12: Declarations, enforcement, and ancillary powers
309: Proceedings to be heard by an
Environment Judge
1: All proceedings under sections 310 to 319 321 to 325 Environment Judge Environment Court
2: Proceedings under section 320 Environment Judge
a: in the District Court; and
b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge
3: All proceedings under section 338
a: in the District Court; and
b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge
4: This Part does not apply to a protected customary right
5: However, sections 310 to 313 sections 330 to 331 protected customary right Section 309 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 309(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 309(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 309(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 309(2)﻿(b) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 309(3)﻿(b) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 309(4) inserted 17 January 2005 section 30 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 309(4) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 309(5) inserted 17 January 2005 section 30 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 309(5) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Declarations
310: Scope and effect of declaration
A declaration may declare—
a: the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation)—
i: any duty under this Act to prepare and have particular regard to an evaluation report or to undertake and have particular regard to a further evaluation or imposed by section 32 32AA
ii: any duty imposed by section 55 ; or
b: whether, contrary to section 62(3)
i: does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement or New Zealand coastal policy statement or a national planning standard
ii: is, or is likely to be, inconsistent with a water conservation order; or
ba: whether a provision or proposed provision of a regional plan,—
i: contrary to section 67(3) or a relevant provision or proposed provision of a national planning standard
ii: contrary to section 67(4) section 186E
bb: whether a provision or proposed provision of a district plan,—
i: contrary to section 75(3) or a relevant provision or proposed provision of a national planning standard
ii: contrary to section 75(4) section 30(1)
c: whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act , regulations made under this Act,
d: whether or not an act or omission, or a proposed act or omission, is a permitted activity, controlled activity, discretionary activity, non-complying activity, or prohibited activity, or breaches section 10 section 20A
e: the point at which the landward boundary of the coastal marine area crosses any river ; or
f: whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 184A
g: the matters provided for in section 379 ; or
h: any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 95 to 95G Section 310(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 310(a)﻿(i) amended 3 December 2013 section 81 Resource Management Amendment Act 2013 Section 310(b) replaced 10 August 2005 section 115(1) Resource Management Amendment Act 2005 Section 310(b)﻿(i) amended 19 April 2017 section 110(1) Resource Legislation Amendment Act 2017 Section 310(ba) inserted 10 August 2005 section 115(1) Resource Management Amendment Act 2005 Section 310(ba)﻿(i) amended 19 April 2017 section 110(2) Resource Legislation Amendment Act 2017 Section 310(bb) inserted 10 August 2005 section 115(1) Resource Management Amendment Act 2005 Section 310(bb)﻿(i) amended 19 April 2017 section 110(3) Resource Legislation Amendment Act 2017 Section 310(c) amended 1 August 2003 section 82(2) Resource Management Amendment Act 2003 Section 310(d) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 310(e) amended 7 July 1993 section 138(1) Resource Management Amendment Act 1993 Section 310(f) inserted 7 July 1993 section 138(2) Resource Management Amendment Act 1993 Section 310(g) inserted 7 July 1993 section 138(2) Resource Management Amendment Act 1993 Section 310(g) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 310(h) inserted 1 August 2003 section 82(3) Resource Management Amendment Act 2003 Section 310(h) amended 4 September 2013 section 54 Resource Management Amendment Act 2013
311: Application for declaration
1: Subject to subsections (2) and (3), any person may at any time apply to the Environment Court
2: No person (other than the consent authority , the EPA, Environment Court
3: No person (other than a local authority, consent authority, or the Minister of Conservation Environment Court section 310(e) Section 311(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 311(2) amended 1 July 2020 section 83 Resource Management Amendment Act 2020 Section 311(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 311(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 311(3) amended 7 July 1993 section 139 Resource Management Amendment Act 1993
312: Notification of application
1: The applicant for a declaration shall serve notice of the application in the prescribed form
2: Every notice required to be served under this section shall be served within 5 working days after the application is made to the court Section 312(1) amended 10 August 2005 section 116(1) Resource Management Amendment Act 2005 Section 312(1) amended 7 July 1993 section 140 Resource Management Amendment Act 1993 Section 312(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
313: Decision on application
After hearing the applicant, and any person served with notice of the application , and any other person who has the right to be represented at proceedings under section 274 court
a: make the declaration sought by an application under section 311
b: make any other declaration that it considers necessary or desirable; or
c: decline to make a declaration. Section 313 amended 17 December 1997 section 50 Resource Management Amendment Act 1997 Section 313 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Enforcement orders
314: Scope of enforcement order
1: An enforcement order is an order made under section 319 Environment Court
a: require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court
i: contravenes or is likely to contravene this Act, any regulations, a rule in a plan, a rule in a proposed plan, section 10 section 20A
ii: is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
b: require a person to do something that, in the opinion of the court
i: ensure compliance by or on behalf of that person with this Act, any regulations, a rule in a plan, a rule in a proposed plan,
ii: avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by or on behalf of that person:
c: require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person:
d: require a person to pay money to or reimburse any other person for any actual and on the environment, where the person against whom the order is sought
i: an order under any other paragraph of this subsection; or
ii: an abatement notice; or
iii: a rule in a plan or a proposed plan
iv: any of that person's other obligations under this Act:
da: require a person to do something that, in the opinion of the court
e: change or cancel a resource consent if, in the opinion of the court
f: where the court Schedule 1
i: grant a dispensation from the need to comply with those requirements:
ii: direct compliance with any of those requirements:
iii: suspend the whole or any part of the policy statement or plan from a particular date (which may be on or after the date of the order, but no such suspension shall affect any court order made before the date of the suspension order).
2: For the purposes of subsection (1)﻿(d), actual and reasonable costs
3: Except as provided in section 319(2) Environment Court section 36
4: Without limiting the provisions of subsections (1) to (3), an order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation).
5: An enforcement order shall, if the court Section 314(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(1)﻿(a) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(1)﻿(a)﻿(i) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 314(1)﻿(a)﻿(i) amended 7 July 1993 section 141(1) Resource Management Amendment Act 1993 Section 314(1)﻿(b) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(1)﻿(b)﻿(i) amended 7 July 1993 section 141(2) Resource Management Amendment Act 1993 Section 314(1)﻿(d) amended 7 July 1993 section 141(3)﻿(a) Resource Management Amendment Act 1993 Section 314(1)﻿(d) amended 7 July 1993 section 141(3)﻿(b) Resource Management Amendment Act 1993 Section 314(1)﻿(d)﻿(iii) amended 7 July 1993 section 141(3)﻿(c) Resource Management Amendment Act 1993 Section 314(1)﻿(da) inserted 7 July 1993 section 141(4) Resource Management Amendment Act 1993 Section 314(1)﻿(da) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(1)﻿(e) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(1)﻿(f) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(2) replaced 7 July 1993 section 141(5) Resource Management Amendment Act 1993 Section 314(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 314(5) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
315: Compliance with enforcement order
1: Where an enforcement order is made against a person, and that enforcement order is served on that person, that person shall—
a: comply with the order; and
b: unless the order directs otherwise, pay all the costs and expenses of complying with the order.
2: If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court
a: comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and
b: sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
c: after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.
3: Any costs or expenses which remain unpaid under subsection (2)﻿(c) may be registered under subpart 5 of Part 3
4: Failure to comply with an enforcement order is an offence under section 338 Section 315(1) replaced 7 July 1993 section 142 Resource Management Amendment Act 1993 Section 315(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 315(3) amended 12 November 2018 section 250 Land Transfer Act 2017
316: Application for enforcement order
1: Any person may at any time apply to the Environment Court paragraphs (a) to (d) of section 314(1) section 314(2)
2: An application may at any time be made in the prescribed form to the Environment Court by—
a: a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 314(1)﻿(da)
b: a local authority or consent authority for an enforcement order of the kind specified in section 314(1)﻿(e)
3: An application for an enforcement order under section 314(1)﻿(f)
a: by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or
b: by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.
4: Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 314(3) section 314(4)
5: No person (other than the consent authority , the EPA, Environment Court Section 316(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 316(2) replaced 1 July 2020 section 84(1) Resource Management Amendment Act 2020 Section 316(5) amended 1 July 2020 section 84(2) Resource Management Amendment Act 2020 Section 316(5) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
317: Notification of application
1: Except as provided in section 320
2: Every notice required to be served under this section shall be served within 5 working days after the application is made to the Environment Court Section 317(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
318: Right to be heard
Except as provided in section 320 Environment Court
a: hear the applicant; and
b: hear any person against whom the order is sought who wishes to be heard , but only if that person notifies the Registrar that he or she wishes to be heard within 15 working days after the date on which he or she was notified of the application Section 318 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 318(b) amended 4 September 2013 section 55 Resource Management Amendment Act 2013
319: Decision on application
1: After considering an application for an enforcement order, the Environment Court
a: except as provided in subsection (2), make any appropriate order under section 314
b: refuse the application.
2: Except as provided in subsection (3), the Environment Court must not make an enforcement order under section 314(1)﻿(a)﻿(ii), (b)﻿(ii), (c), (d)﻿(iv), or (da)
a: that person is acting in accordance with—
i: a rule in a plan; or
ii: a resource consent; or
iii: a designation; and
b: the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be.
3: The Environment Court may make an enforcement order if—
a: the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
b: the person was acting in accordance with a resource consent that has been changed or cancelled under section 314(1)﻿(e) Section 319(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 319(2) replaced 1 August 2003 section 83 Resource Management Amendment Act 2003 Section 319(3) inserted 1 August 2003 section 83 Resource Management Amendment Act 2003
320: Interim enforcement order
1: Except as provided in this section, the provisions of sections 314 to 319
2: If an Environment Judge
a: without requiring service of notice in accordance with section 317
b: without holding a hearing.
3: Before making an interim enforcement order, the Environment Judge
a: what the effect of not making the order would be on the environment; and
b: whether the applicant has given an appropriate undertaking as to damages; and
c: whether the Judge should hear the applicant or any person against whom the interim order is sought; and
d: such other matters as the Judge thinks fit.
4: The Judge shall direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order shall take effect from when it is served or such later date as the order directs.
5: A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge Environment Judge
6: An interim enforcement order stays in force until an application for an enforcement order under section 316 Environment Judge Environment Court section 321 Section 320 replaced 7 July 1993 section 145 Resource Management Amendment Act 1993 Section 320(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 320(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 320(5) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 320(6) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 320(6) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996
321: Change or cancellation of enforcement order
1: Without limiting section 320(5) Environment Court
2: Sections 317 to 319 Section 321(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Abatement notices
322: Scope of abatement notice
1: An abatement notice may be served on any person by an enforcement officer—
a: requiring that person to cease, or prohibiting that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
i: contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a resource consent; or
ii: is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
b: requiring that person to do something that, in the opinion of the enforcement officer, is necessary to ensure compliance by or on behalf of that person with this Act, any regulations, a rule in a plan or a proposed plan, or a resource consent, and also necessary to avoid, remedy, or mitigate any actual or likely adverse effect on the environment—
i: caused by or on behalf of the person; or
ii: relating to any land of which the person is the owner or occupier:
c: requiring that person, being—
i: an occupier of any land; or
ii: a person carrying out any activity in, on, under, or over a water body or the water within who is contravening section 16
2: Where any person is under a duty not to contravene a rule in a proposed plan under sections 9 12(3) 14(2) 15(2)
a: to cease, or prohibit that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or
b: to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan.
3: An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit.
4: An abatement notice shall not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or subsection (2) exist. Section 322(1)﻿(b) replaced 7 July 1993 section 146(1) Resource Management Amendment Act 1993 Section 322(1)﻿(c)﻿(ii) amended 7 July 1993 section 146(2) Resource Management Amendment Act 1993
323: Compliance with abatement notice
1: Subject to the rights of appeal in section 325
a: comply with the notice within the period specified in the notice; and
b: unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.
2: If a person against whom an abatement notice is made under section 322(1)﻿(c)
a: take all such reasonable steps as he or she considers necessary to cause the noise to be reduced to a reasonable level; and
b: when accompanied by a constable, seize and impound the noise source.
324: Form and content of abatement notice
Every abatement notice shall be in the prescribed form and shall state—
a: the name of the person to whom it is addressed; and
b: the reasons for the notice; and
c: the action required to be taken or ceased or not undertaken; and
d: the period within which the action must be taken or cease, having regard to the circumstances giving rise to the abatement notice, being a reasonable period to take the action required or cease the action; but must not be less than 7 days after the date on which the notice is served if the abatement notice is within the scope of section 322(1)﻿(a)﻿(ii)
e: the consequences of not complying with the notice or lodging a notice of appeal; and
f: the rights of appeal under section 325
g: in the case of a notice under section 322(1)﻿(c) an enforcement officer section 323(2)
h: the name and address of the local authority or consent authority whose enforcement officer issued the notice or the address of the EPA, if the notice is issued by an enforcement officer appointed by the EPA Section 324(d) replaced 17 December 1997 section 51(1) Resource Management Amendment Act 1997 Section 324(f) amended 17 December 1997 section 51(2) Resource Management Amendment Act 1997 Section 324(g) amended 1 July 2020 section 85(1) Resource Management Amendment Act 2020 Section 324(h) amended 1 July 2020 section 85(2) Resource Management Amendment Act 2020
325: Appeals
1: Any person on whom an abatement notice is served may appeal to the Environment Court
2: Notice of an appeal under subsection (1) shall be in the prescribed form and shall—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required by regulations; and
c: be lodged with the Environment Court relevant authority (whose abatement notice is appealed against) 15 working
3: An appeal against an abatement notice does not operate as a stay of the notice unless—
a: the abatement notice is within the scope of section 322(1)﻿(a)﻿(ii)
b: a stay is granted by an Environment Judge under subsection (3D).
3A: Any person who appeals under subsection (1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court's decision on the appeal
3B: An application for a stay must be in the prescribed form and must—
a: state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
b: state the likely effect on the environment if the stay is granted; and
c: be lodged with the Environment Court and served immediately on the relevant authority
3C: Where a person applies for a stay under subsection (3A), an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.
3D: Before granting a stay, an Environment Judge must consider—
a: what the likely effect of granting a stay would be on the environment; and
b: whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
c: whether to hear—
i: the applicant:
ii: the relevant authority
d: such other matters as the Judge thinks fit.
3E: An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.
3F: Any person to whom a stay is granted under subsection (3E) must serve a copy of it on the relevant authority legal
3G: Any stay granted under subsection (3E) remains in force until an order is made otherwise by the Environment Court.
3H: Notwithstanding section 309
4:
5: Except as provided in subsection (6), the Environment Court must not confirm an abatement notice that is the subject of an appeal if—
a: the person served with the abatement notice was acting in accordance with—
i: a rule in a plan; or
ii: a resource consent; or
iii: a designation; and
b: the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, or notified the proposed plan, or granted the resource consent, or approved the designation, at the time of the approval, notification, or granting, as the case may be.
6: The Environment Court may confirm an abatement notice, that is the subject of an appeal, if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be.
7: In this section, relevant authority Section 325(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 325(2)﻿(c) amended 1 July 2020 section 86(1) Resource Management Amendment Act 2020 Section 325(2)﻿(c) amended 17 December 1997 section 52(1) Resource Management Amendment Act 1997 Section 325(2)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 325(3) replaced 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3A) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3B) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3B)﻿(c) amended 1 July 2020 section 86(2) Resource Management Amendment Act 2020 Section 325(3C) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3D) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3D)﻿(c)﻿(ii) amended 1 July 2020 section 86(3) Resource Management Amendment Act 2020 Section 325(3E) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3F) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3F) amended 1 July 2020 section 86(4) Resource Management Amendment Act 2020 Section 325(3F) amended 1 October 2009 section 136(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 325(3G) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3H) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(4) repealed 1 October 2009 section 136(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 325(5) replaced 1 August 2003 section 84 Resource Management Amendment Act 2003 Section 325(6) inserted 1 August 2003 section 84 Resource Management Amendment Act 2003 Section 325(7) inserted 1 July 2020 section 86(5) Resource Management Amendment Act 2020
325A: Cancellation of abatement notice
1: In this section, relevant authority
a: the local authority:
b: the Minister of Conservation:
c: the EPA.
2: Where a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time.
3: The relevant authority shall give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice.
4: Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice.
5: The relevant authority shall, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice.
6: The relevant authority shall give written notice of its decision to the person who applied under subsection (4).
7: Where the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court section 325(2) Section 325A inserted 7 July 1993 section 148 Resource Management Amendment Act 1993 Section 325A(1) replaced 1 July 2020 section 87 Resource Management Amendment Act 2020 Section 325A(7) amended 10 August 2005 section 118 Resource Management Amendment Act 2005 Section 325A(7) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
325B: Restrictions on certain applications for enforcement orders and abatement notices
1: No person may apply to the Environment Court paragraphs (a) to (d) of section 314(1)
a: by or on behalf of the Director of Maritime New Zealand section 248 section 249
b: by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
c: by or on behalf of any on-scene commander under section 305 section 311 section 310
d: by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 section 311
2: No person (other than the Minister, the Director of Maritime New Zealand a consent authority, or the EPA Environment Court section 15B
3: No person may apply for an enforcement order of a kind specified in section 314(1)﻿(d) section 342 Part 25 Section 325B inserted 20 August 1998 section 17 Resource Management Amendment Act 1994 Section 325B(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 325B(1)﻿(a) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 325B(2) amended 1 July 2020 section 88 Resource Management Amendment Act 2020 Section 325B(2) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 325B(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 325B(3) replaced 17 December 1997 section 53 Resource Management Amendment Act 1997 Excessive noise
326: Meaning of excessive noise
1: In this Act, the term excessive noise
a: aircraft being operated during, or immediately before or after, flight; or
b: vehicle being driven on a road (within the meaning of section 2(1) Land Transport Act 1998
c: train, other than when being tested (when stationary), maintained, loaded, or unloaded.
2: Without limiting subsection (1), excessive noise
a: includes noise that exceeds a standard for noise prescribed by a national environmental standard
b: may include noise emitted by—
i: a musical instrument; or
ii: an electrical appliance; or
iii: a machine, however powered; or
iv: a person or group of persons; or
v: an explosion or vibration. Section 326(1)﻿(b) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 326(1)﻿(c) replaced 17 December 1997 section 54 Resource Management Amendment Act 1997 Section 326(2) replaced 1 August 2003 section 85 Resource Management Amendment Act 2003 Section 326(2)﻿(a) amended 10 August 2005 section 119 Resource Management Amendment Act 2005
327: Issue and effect of excessive noise direction
1: Any enforcement officer, or any constable acting upon the request of an enforcement officer, who—
a: has received a complaint that excessive noise is being emitted from any place; and
b: upon investigation of the complaint, is of the opinion that the noise is excessive,— may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level.
2: A direction under subsection (1) may be given in writing or orally.
3: Every direction under subsection (1) shall prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 72 hours or such shorter period as the enforcement officer or constable specifies, commencing at the time the direction is given.
4: The powers under this section are in addition to the powers under sections 322 to 325 section 316
328: Compliance with an excessive noise direction
1: Every person who is given a direction under section 327
2: Every person who knows or ought to know that a direction under section 327
3: If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable), or a constable may enter the place without further notice and—
a: seize and remove from the place; or
b: render inoperable by the removal of any part from; or
c: lock or seal so as to make unusable— any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise.
4: Where a direction under section 327
a: seize and remove from the place; or
b: render inoperable by the removal of any part from; or
c: lock or seal so as to make unusable— any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise.
5: Where any enforcement officer or constable enters any place under subsection (4), he or she must leave in that place, in a prominent position,—
a: a copy of the relevant written excessive noise direction issued under section 327
b: a written notice stating—
i: the date and time of the entry:
ii: the name of the person in charge of the entry:
iii: the actions taken to ensure compliance with the excessive noise direction:
iv: the address of the office at which inquiries may be made in relation to the entry.
6: Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.
7: Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances. Section 328 heading amended 7 July 1993 section 149 Resource Management Amendment Act 1993 Section 328(4) replaced 17 December 1997 section 55 Resource Management Amendment Act 1997 Section 328(5) replaced 17 December 1997 section 55 Resource Management Amendment Act 1997 Section 328(6) inserted 7 July 1993 section 149 Resource Management Amendment Act 1993 Section 328(7) inserted 7 July 1993 section 149 Resource Management Amendment Act 1993 Water shortage
329: Water shortage direction
1: Where a regional council considers that at any time there is a serious temporary shortage of water in its region or any part of its region, the regional council may issue a direction for either or both of the following:
a: that the taking, use, damming, or diversion of water:
b: that the discharge of any contaminant into water,— is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction.
2: A direction may relate to any specified water, to water in any specified area, or to water in any specified water body.
3: A direction may not last for more than 14 days but may be amended, revoked, or renewed by the regional council by a subsequent direction.
4: A direction comes into force on its issue and continues in force until it expires or is revoked.
5: A direction may be issued by any means the regional council thinks appropriate, but notice of the particulars of the direction shall be given to all persons required to apportion, restrict, or suspend—
a: the taking, use, damming, or diversion of water; or
b: the discharge of any contaminant into water,— as far as they can be ascertained, as soon as practicable after its issue.
6: For the purpose of this section, notice may be given to a person by serving it on the person or by publishing the notice in 1 or more daily newspapers circulating in the area where the person takes, uses, dams, or diverts the water, or discharges a contaminant into water. Emergency works
329A: Interpretation
1: In sections 330AAA 330AA 330C affected area area
a: the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
b: the districts of Tararua, Manawatū, Rangitikei, severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023.
2: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 329A(2): This section is repealed on the close of 1 October 2024. Section 329A inserted 21 March 2023 section 17 Severe Weather Emergency Legislation Act 2023 Section 329A(1) area amended 13 April 2023 section 31(1) Severe Weather Emergency Recovery Legislation Act 2023
330: Emergency works and power to take preventive or remedial action
1: Where—
a: any public work for which any person has financial responsibility; or
b: any natural and physical resource or area for which a local authority or consent authority has jurisdiction under this Act; or
c: any project or work or network utility operation section 167 ; or
ca: any service or system that any lifeline utility operates or provides— is, in the opinion of the person , authority, network utility operator, or lifeline utility,
d: an adverse effect on the environment which requires immediate preventive measures; or
e: an adverse effect on the environment which requires immediate remedial measures; or
f: any sudden event the provisions of sections 9 12 13 14 15 network utility operator, or lifeline utility
1A: Subsection (1) applies whether or not the adverse effect or sudden event was foreseeable.
2: Where a local authority or consent authority—
a: has financial responsibility for any public work; or
b: has jurisdiction under this Act in respect of any natural and physical resource or area— which is, in the reasonable opinion of that local authority or consent authority, likely to be affected by any of the conditions described in paragraphs (d) to (f) of subsection (1), the local authority or consent authority by its employees or agents may, without prior notice, enter any place (including a dwellinghouse when accompanied by a constable) and may take such action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.
2A: Sections 9 12 13 14 15
3: As soon as practicable after entering any place under this section, every person must identify himself or herself and inform the occupier of the place of the entry and the reasons for it.
4: Nothing in this section shall authorise any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281
5: In this section and section 330A lifeline utility section 4 Section 330 heading amended 20 August 1998 section 18 Resource Management Amendment Act 1994 Section 330(1) amended 4 September 2013 section 56(3) Resource Management Amendment Act 2013 Section 330(1) amended 4 September 2013 section 56(4) Resource Management Amendment Act 2013 Section 330(1)﻿(c) amended 4 September 2013 section 56(1) Resource Management Amendment Act 2013 Section 330(1)﻿(c) amended 7 July 1993 section 150(1) Resource Management Amendment Act 1993 Section 330(1)﻿(ca) inserted 4 September 2013 section 56(2) Resource Management Amendment Act 2013 Section 330(1)﻿(f) amended 7 July 1993 section 150(2) Resource Management Amendment Act 1993 Section 330(1A) inserted 10 August 2005 section 120(1) Resource Management Amendment Act 2005 Section 330(2A) inserted 10 August 2005 section 120(2) Resource Management Amendment Act 2005 Section 330(4) inserted 20 August 1998 section 18 Resource Management Amendment Act 1994 Section 330(5) inserted 4 September 2013 section 56(5) Resource Management Amendment Act 2013
330AAA: Modification of requirements in section 330(3) for authorities in affected areas
1: This section applies if, because of or in connection with the impacts of a severe weather event, a local authority or consent authority acting under section 330(2)
2: Section 330(3)
a: there is displayed in a prominent place on the land a notice that gives the date of entry, the reasons for entry, and the contact details of a person who can provide further information; and
b: as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002
3: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 330AAA(3): This section is repealed on the close of 1 October 2024. Section 330AAA inserted 21 March 2023 section 18 Severe Weather Emergency Legislation Act 2023
330A: Resource consents for emergency works
1: Where an activity is undertaken under section 330 (other than the occupier) network utility operator, or lifeline utility
2: Where such an activity, but for section 330 sections 9 12 13 14 15 (other than the occupier) network utility operator, or lifeline utility
3: If the application is made within the time stated in subsection (2), the activity may continue until the application for a resource consent and any appeals have been finally determined. Section 330A inserted 7 July 1993 section 151 Resource Management Amendment Act 1993 Section 330A(1) amended 4 September 2013 section 57 Resource Management Amendment Act 2013 Section 330A(1) amended 10 August 2005 section 121(1)﻿(a) Resource Management Amendment Act 2005 Section 330A(1) amended 10 August 2005 section 121(1)﻿(b) Resource Management Amendment Act 2005 Section 330A(2) amended 4 September 2013 section 57 Resource Management Amendment Act 2013 Section 330A(2) amended 10 August 2005 section 121(2)﻿(a) Resource Management Amendment Act 2005 Section 330A(2) amended 10 August 2005 section 121(2)﻿(b) Resource Management Amendment Act 2005
330AA: Modification of requirements in section 330A for activities undertaken in affected areas
1: This section applies if, because of or in connection with the impacts of a severe weather event, a person, local authority, consent authority, network utility operator, or lifeline utility (or a person acting on their behalf) undertakes an activity in an affected area under section 330
2: The time within which advice of the activity must be given under section 330A(1)
3: The time within which any application for a resource consent must be lodged under section 330A(2)
4: Section 330A(3)
5: In this section, lifeline utility section 330(5)
6: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 330AA(6). This section is repealed on the close of 1 October 2024. Section 330AA inserted 21 March 2023 section 19 Severe Weather Emergency Legislation Act 2023
330B: Emergency works under Civil Defence Emergency Management Act 2002
1: If any activity is undertaken by any person exercising emergency powers during a state of emergency declared , or transition period notified, Civil Defence Emergency Management Act 2002 sections 9 12 13 14 15
2: If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must advise the appropriate consent authority, within 7 days, that the activity has been undertaken.
3: If such an activity, but for this section, would contravene any of sections 9 12 13 14 15 60 working days
4: If the application is made within the time stated in subsection (3), the activity may continue until the application for a resource consent and any appeals have been finally determined.
5: A person does not commit an offence under section 338(1)﻿(a) Section 330B inserted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 330B(1) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 330B(3) amended 1 July 2020 section 89 Resource Management Amendment Act 2020
330C: Modification of requirements in section 330B for activities undertaken in affected areas
1: This section applies if, because of or in connection with the impacts of a severe weather event, a person (or a person acting on their behalf) undertakes an activity to which section 330B Civil Defence Emergency Management Act 2002
2: The time within which advice of the activity must be given under section 330B(2)
3: The time within which any application for a resource consent must be lodged under section 330B(3)
4: Section 330B(4) and (5)
5: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 330C(5): this section is repealed on the close of 1 October 2024. Section 330C inserted 21 March 2023 section 20 Severe Weather Emergency Legislation Act 2023
331: Reimbursement or compensation for emergency works
1: Where the local authority or consent authority takes action under section 330(2) require actual and reasonable costs (as defined in section 314(2)
1A: Where the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 314(1)﻿(d)
2: Every—
a: person having an estate or interest in land that is injuriously affected by the exercise of any power under section 330(2)
b: other person suffering any damage as a result of the exercise of that power— shall be entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by his or her duties under the Act.
3: Any compensation under subsection (2) shall be claimed and determined in accordance with Part 5 Section 331(1) amended 7 July 1993 section 152(1)﻿(a) Resource Management Amendment Act 1993 Section 331(1) amended 7 July 1993 section 152(1)﻿(b) Resource Management Amendment Act 1993 Section 331(1A) inserted 7 July 1993 section 152(2) Resource Management Amendment Act 1993 Emergency activities undertaken by certain rural landowners and occupiers Heading inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023
331A: Application of sections 331B to 331E
1: Sections 331B to 331E
2: In this section and sections 331B 331C 331E rural land
a: has a general rural, rural production, or Māori purpose zoning status (or the nearest equivalent zone) in the relevant district or combined plan; or
b: has located on it any marae, papakāinga, or urupā; or
c: is used for the primary purpose of livestock or horticultural farming.
3: In this section, affected area section 329A Section 331A inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023
331B: Owner or occupier of rural land may take emergency preventive or remedial measures
1: Subsection (2) applies if,—
a: because of or in connection with the impacts of a severe weather event, a sudden event or an adverse effect on the environment has caused, is causing, or is likely to cause loss of life or injury to humans, loss of life or serious detriment to the health or well-being of animals, or serious damage to land or property; and
b: the owner or occupier of rural land—
i: considers, on reasonable grounds, that preventive or remedial measures are required to avoid, remedy, or mitigate the loss, injury, detriment, or damage; and
ii: considers that, in the circumstances, the measures are proportionate to the loss, injury, detriment, or damage or the risk of the loss, injury, detriment, or damage; and
iii: undertakes 1 or more activities to implement the measures in a manner that,—
A: so far as is reasonably practicable, avoids, remedies, or mitigates the adverse environmental effects; and
B: will not cause significant adverse effects beyond the boundaries of the owner’s or occupier’s rural land.
2: An activity undertaken under subsection (1)﻿(b)﻿(iii) is deemed to be a permitted activity for the purposes of any or all of the following:
a: any relevant plan or proposed plan:
b: any applicable regulations:
c: any applicable national environmental standards.
3: However, an activity is not deemed a permitted activity under subsection (2) if it—
a: is classified as a prohibited activity in any of the following:
i: any relevant plan or proposed plan:
ii: any applicable regulations:
iii: any applicable national environmental standard; or
b: is an activity referred to in section 12
c: is undertaken on culturally significant land, or will impact on culturally significant land, without the written permission of the relevant iwi or hapū given following notice to the relevant iwi or hapū by the owner or occupier of the rural land in accordance with subsection (4).
4: The notice referred to in subsection (3)﻿(c) must be given to the relevant iwi or hapū at least 20 working days before the activity is undertaken and must include—
a: details of the proposed activity to be undertaken; and
b: the proximity of the proposed activity to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement or specified statutory overlay
c: the anticipated effect of the proposed activity on the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement or specified statutory overlay
d: a request for permission from the relevant iwi or hapū to undertake the proposed activity; and
e: a request for protocols or management plans in relation to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement or specified statutory overlay
5: If an activity undertaken under subsection (1)﻿(b)﻿(iii) is not deemed a permitted activity, the relevant provisions of any relevant plan or proposed plan, any applicable regulations, and any applicable national environmental standards apply.
6: Subsection (2) applies whether or not the sudden event or adverse effect was foreseeable.
7: In this section,— culturally significant land
a: is on, or adjoins, a wāhi tapu or a site of cultural significance; or
b: is on or adjoins
c: is within, is adjacent to, or directly affects the statutory overlay of ngā rohe moana and ngā rohe moana o ngā hapū o Ngāti Porou, as described in section 11 Schedule 3 severe weather event section 329A specified statutory overlay section 11 Schedule 3 statutory acknowledgement wāhi tapu site of cultural significance
a: a relevant plan or proposed plan:
b: the New Zealand Archaeological Association’s site recording scheme:
c: a list maintained under section 65 81
ca: section 11 Schedule 3
d: the records of the Maori Land Court as a site set apart as a Maori reservation under Part 17 Section 331B inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 Section 331B(4)﻿(b) amended 13 April 2023 section 32(1) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(4)﻿(c) amended 13 April 2023 section 32(2) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(4)﻿(e) amended 13 April 2023 section 32(3) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) culturally significant land amended 13 April 2023 section 32(4) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) culturally significant land inserted 13 April 2023 section 32(5) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) specified statutory overlay inserted 13 April 2023 section 32(6) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) wāhi tapu inserted 13 April 2023 section 32(7) Severe Weather Emergency Recovery Legislation Act 2023
331C: Requirement for owner or occupier to give notice to relevant consent authority
1: An owner or occupier of rural land who has acted under section 331B
2: Notice must be given within 60 working days after the activity begins, or such extended period that the consent authority may allow by written notice.
3: If the owner or occupier fails to comply with the specified or extended notice period in subsection (2), the permitted activity status of the activity is revoked as from the date on which the notice period in that subsection ends. Section 331C inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023
331D: Duty to gather information, monitor, and keep records
Nothing in section 331B 331C section 35 Section 331D inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023
331E: Enforcement proceedings
For the purposes of activities undertaken under section 331B Part 12 section 16 17 Section 331E inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023
331F: Repeal of this section and sections 331A to 331E
1: This section and sections 331A to 331E
2: The repeal of section 331B
3: However, subsection (2) does not limit or affect the operation of this Act (including the ability to change the status of the permitted activity in a district or regional plan) after the repeal of section 331B 2024-04-02 Resource Management Act 1991 see section 331F(1): This section and sections 331A to 331E and the cross-heading above section 331A are repealed on the close of 1 April 2024. Section 331F inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 Powers of entry and search
332: Power of entry for inspection
1: Any enforcement officer, specifically authorised in writing by any local authority , consent authority, or by the EPA
a: this Act, any regulations, a rule of a plan, a resource consent, section 10 or section 10A section 20A
b: an enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or
c: any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 9 12(3) 14(1) 15(2), and 15(2A)
d:
2: For the purposes of subsection (1), an enforcement officer may take samples of water, air, soil, or organic matter
2A: Where a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.
3: Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
4: If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer shall leave in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
5: An enforcement officer may not enter, unless the permission of the landowner is obtained, any land which any other Act states may not be entered without that permission.
6: Any enforcement officer exercising any power under this section may use such assistance as is reasonably necessary. Section 332(1) amended 1 July 2020 section 90 Resource Management Amendment Act 2020 Section 332(1)﻿(a) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 332(1)﻿(a) amended 7 July 1993 section 153(1) Resource Management Amendment Act 1993 Section 332(1)﻿(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 332(1)﻿(c) amended 1 October 2009 section 137 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 332(1)﻿(d) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 332(2) amended 7 July 1993 section 153(2) Resource Management Amendment Act 1993 Section 332(2A) inserted 7 July 1993 section 153(3) Resource Management Amendment Act 1993
333: Power of entry for survey
1: For any purpose connected with the preparation, change, or review of a policy statement or plan, any enforcement officer specifically authorised in writing by any local authority or consent authority to do so, may do all or any of the following:
a: carry out surveys, investigations, tests, or measurements:
b: take samples of any water, air, soil, or vegetation:
c: enter or re-enter land (except a dwellinghouse),— at any reasonable time, with or without such assistance, vehicles, appliances, machinery, and equipment as is reasonably necessary for that purpose.
1A:
2: Reasonable written notice shall be given to the occupier of land to be entered under subsection (1)—
a: that entry on to the land is authorised under this section:
b: of the purpose for which entry is required:
c: how and when entry is to be made.
3: Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request. Section 333(1A) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
334: Application for warrant for entry for search
1: An issuing officer (within the meaning of section 3 subpart 3
a: in respect of which an offence has been or is suspected of having been committed against this Act or regulations that is punishable by imprisonment; or
b: which there is reasonable grounds to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
c: anything which there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment— may issue a warrant authorising the entry and search of any place or vehicle
2: The provisions of Part 4
3: Despite subsection (2), sections 118 119 Section 334(1) amended 1 October 2012 section 300(2)﻿(a) Search and Surveillance Act 2012 Section 334(1) amended 1 October 2012 section 300(2)﻿(b) Search and Surveillance Act 2012 Section 334(2) replaced 1 October 2012 section 300(3) Search and Surveillance Act 2012 Section 334(3) replaced 1 October 2012 section 300(3) Search and Surveillance Act 2012
335: Direction and execution
1: Every warrant under section 334
a: any specified constable; or
b: any specified enforcement officer when accompanied by a constable; or
c: generally, every constable; or
d: generally, every enforcement officer when accompanied by a constable.
2:
3:
4:
5: Section 335 heading amended 1 October 2012 section 300(4) Search and Surveillance Act 2012 Section 335(2) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Section 335(3) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Section 335(4) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Section 335(5) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Return of property Heading replaced 4 September 2013 section 58 Resource Management Amendment Act 2013
336: Return of property seized under sections 323 and 328
1: Where any property is seized and impounded under section 323 328 relevant authority
2: Where an application is made under subsection (1), the relevant authority
a: satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and
b: the applicant has paid all costs incurred by the relevant authority
3: Where the relevant authority section 325(2)
a: the reference to service of the abatement notice on the appellant were reference to any refusal under this section; and
b: the time limit for lodging the application were 6 months from the date of seizure.
4: The Environment Court, on an application under subsection (3), may—
a: order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or
b: refuse the application for the return of the property.
5: Where—
a: any property seized under section 323 328
b: the return of the property has been refused under subsection (3) and no application has been lodged within 6 months of the date of seizure; or
c: the Environment Court has refused the return of the property under subsection (4)﻿(b),— the relevant authority
6: Any local authority, consent authority, or constable wishing to dispose of property under subsection (5)—
a: must give written notice to the person from whom the property was seized, where the person's address is known; and
b: may sell or cause the property to be otherwise disposed of; and
c: may, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and
d: must, on demand, pay the remainder of the proceeds to the person from whom the property was seized.
7: In this section, relevant authority Section 336 replaced 4 September 2013 section 58 Resource Management Amendment Act 2013 Section 336(1) amended 1 July 2020 section 91(1) Resource Management Amendment Act 2020 Section 336(2) amended 1 July 2020 section 91(2) Resource Management Amendment Act 2020 Section 336(2)﻿(b) amended 1 July 2020 section 91(3) Resource Management Amendment Act 2020 Section 336(3) amended 1 July 2020 section 91(4) Resource Management Amendment Act 2020 Section 336(5) amended 1 July 2020 section 91(5) Resource Management Amendment Act 2020 Section 336(7) inserted 1 July 2020 section 91(6) Resource Management Amendment Act 2020
337: Return of property seized under warrant
Section 337 repealed 1 October 2012 section 300(6) Search and Surveillance Act 2012 Offences
338: Offences against this Act
1: Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:
a: sections 9 11 12 13 14 15
b: any enforcement order:
c: any abatement notice, other than a notice under section 322(1)﻿(c)
d: any water shortage direction under section 329
1A: Every person commits an offence against this Act who contravenes or permits a contravention of section 15A section 15C
1B: Where any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 15B
a: if the discharge is from a ship, the master and the owner of the ship:
b: if the discharge is from an offshore installation, the owner of the installation.
2: Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:
a: section 22
b: section 42
c: any excessive noise direction under section 327
d: any abatement notice for unreasonable noise under section 322(1)﻿(c)
e: any order (other than an enforcement order) made by the Environment Court
3: Every person commits an offence against this Act who—
a: wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act:
b: contravenes, or permits a contravention of, any of the following:
i: section 283 Environment Court
ii: any summons or order to give evidence issued or made pursuant to section 41
c: contravenes, or permits a contravention of, any provision (as provided in Schedule 10 section 237C
4: Despite anything to the contrary in section 25 12 months Section 338(1A) inserted 20 August 1998 section 19 Resource Management Amendment Act 1994 Section 338(1B) inserted 20 August 1998 section 19 Resource Management Amendment Act 1994 Section 338(2)﻿(e) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 338(3)﻿(b)﻿(i) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 338(3)﻿(c) inserted 7 July 1993 section 155 Resource Management Amendment Act 1993 Section 338(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 338(4) amended 1 July 2020 section 92 Resource Management Amendment Act 2020
339: Penalties
1: Every person who commits an offence against section 338(1), (1A), or (1B)
a: in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000:
b: in the case of a person other than a natural person, to a fine not exceeding $600,000.
1A: Every person who commits an offence against section 338(1), (1A), or (1B)
2: Every person who commits an offence against section 338(2)
3: Every person who commits an offence against section 338(3)
4: A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2
5: If a person is convicted of an offence against section 338
a: the orders specified in section 314
b: an order requiring a consent authority to serve notice, under section 128(2)
6: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence. Section 339(1) replaced 1 October 2009 section 139(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 339(1A) inserted 1 October 2009 section 139(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 339(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 339(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 339(4) replaced 30 June 2002 section 186 Sentencing Act 2002 Section 339(5) replaced 1 October 2009 section 139(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
339A: Protection against imprisonment for dumping and discharge offences involving foreign ships
1: No person shall be imprisoned for any offence of contravening or permitting a contravention of section 15A section 15B
a: either—
i: the person intended to commit the offence; or
ii: the offence occurred as a consequence of any reckless act or omission by that person with the knowledge that that act or omission would or would be likely to cause a significant or irreversible adverse effect on the coastal marine area; and
b: the commission of the offence has had or is likely to have a significant or irreversible adverse effect on the coastal marine area.
2: In this section, foreign ship section 2(1) Section 339A inserted 20 August 1998 section 21 Resource Management Amendment Act 1994
339B: Additional penalty for certain offences for commercial gain
1: Where a person is convicted of an offence against section 338(1A) or (1B) section 339
2: For the purposes of subsection (1), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine. Section 339B inserted 20 August 1998 section 21 Resource Management Amendment Act 1994
339C: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
1: Where—
a: the master or owner of a ship is convicted of an offence against section 338 section 15A section 15B section 15C
b: any fine or other monetary penalty imposed by a court under section 339 section 339B the court may order that the amount of the fine so unpaid be levied by distress and sale of the ship and its equipment.
2: Without limiting subsection (1), where any master or owner of a ship—
a: is convicted of an offence against section 338 section 15A section 15B section 15C
b: fails to pay the full amount of any fine or other monetary penalty imposed by the court under section 339 section 339B the agent of the ship shall be civilly liable to pay to the Crown or, if the proceedings in relation to the offence were commenced by or on behalf of a local authority
2A: For the purpose of subsection (2), any proceedings in relation to the offence that were commenced by or on behalf of a local authority include any proceedings in which the EPA was assisting the local authority ( see section 343F(b)
3: Every agent of a ship who, under this section, pays the whole or part of any fine or other monetary penalty imposed on the master or owner of the ship shall be entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money which is or becomes payable by that agent to that master or owner; and any amount so paid by the agent shall, for the purposes of section 4(1)﻿(p)
4: The District Court has
5: This section shall apply notwithstanding any enactment or rule of law. Section 339C inserted 20 August 1998 section 21 Resource Management Amendment Act 1994 Section 339C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 339C(2A) inserted 1 July 2020 section 93 Resource Management Amendment Act 2020 Section 339C(4) amended 1 March 2017 section 261 District Court Act 2016
340: Liability of principal for acts of agents
1: Where an offence is committed against this Act—
a: by any person acting as the agent (including any contractor)
b: by any person while in charge of a ship, the owner of the ship shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence.
2: Despite anything in subsection (1), if proceedings are brought under that subsection, it is a good defence if—
a: the defendant proves,—
i: in the case of a natural person (including a partner in a firm),—
A: that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
B: that he or she took all reasonable steps to prevent the commission of the offence; or
ii: in the case of a person other than a natural person,—
A: that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
B: that the defendant took all reasonable steps to prevent the commission of the offence; and
b: the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
3: If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved—
a: that the act or omission that constituted the offence took place with his or her authority, permission, or consent; and
b: that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. Section 340(1) replaced 20 August 1998 section 22 Resource Management Amendment Act 1994 Section 340(1)﻿(a) amended 17 December 1997 section 57(1) Resource Management Amendment Act 1997 Section 340(2) replaced 1 October 2009 section 140 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 340(3) replaced 1 October 2009 section 140 Resource Management (Simplifying and Streamlining) Amendment Act 2009
341: Strict liability and defences
1: In any prosecution for an offence of contravening or permitting a contravention of any of sections 9 11 12 13 14 15
2: Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves—
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
b: that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—
a: stating that he or she intends to rely on subsection (2); and
b: specifying the facts that support his or her reliance on subsection (2). Section 341(2)﻿(b) amended 7 July 1993 section 156 Resource Management Amendment Act 1993
341A: Liability and defences for dumping and storage of waste or other matter
It is a defence to prosecution for an offence of contravening or permitting a contravention of section 15A
a: was necessary—
i: to save or prevent danger to human life; or
ii: to avert a serious threat to any ship, aircraft, or offshore installation; or
iii: in the case of force majeure caused by stress of weather, to secure the safety of any ship, aircraft, or offshore installation; and
b: was a reasonable step to take in all the circumstances; and
c: was likely to result in less damage than would otherwise have occurred; and
d: was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. Section 341A inserted 20 August 1998 section 23 Resource Management Amendment Act 1994
341B: Liability and defences for discharging harmful substances
1: In any prosecution for an offence against section 338(1B) section 15B
2: It is a defence to prosecution for an offence against section 338(1B)
a: the harmful substance or contaminant or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or
b: the harmful substance or contaminant or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment; and—
i: such damage occurred without the negligence or deliberate act of the defendant; and
ii: as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or contaminant or water or, if any such escape could not be prevented, to minimise any escape. Section 341B inserted 20 August 1998 section 23 Resource Management Amendment Act 1994
342: Fines to be paid to local authority instituting prosecution
1: Subject to subsection (2), where a person is convicted of an offence under section 338 proceedings in relation to the offence were commenced by or
2: There shall be deducted from every amount payable to a local authority under subsection (1), a sum equal to 10% thereof, and this sum shall be credited to a
3: Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a local authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money.
4: Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the local authority entitled to it under the order.
5: Nothing in section 73
6: If the court orders the payment of a fine for an offence prosecuted by the EPA acting under section 343F(b)
a: 10% of the fine must be credited to a Crown Bank Account; and
b: the balance of the fine must be credited to the local authority that the EPA was assisting. Section 342(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 342(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 342(6) inserted 1 July 2020 section 94 Resource Management Amendment Act 2020
343: Discharges from ships
Section 343 repealed 20 August 1998 section 24 Resource Management Amendment Act 1994 Infringement offences Heading inserted 2 September 1996 section 18 Resource Management Amendment Act 1996
343A: Infringement offences
In sections 343B to 343D infringement fee section 360(1)﻿(bb) infringement offence section 360(1)﻿(ba) Section 343A inserted 2 September 1996 section 18 Resource Management Amendment Act 1996
343B: Commission of infringement offence
Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided for in section 343C Section 343B inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 Section 343B(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
343C: Infringement notices
1: Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
2: Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case,
3: Every infringement notice shall be in the prescribed form and shall contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee specified for that offence; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: such other particulars as are prescribed.
4: If an infringement notice has been issued under this section,—
a: a reminder notice must be in the form prescribed under this Act; and
b: proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 Section 343C inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 Section 343C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 343C(4) replaced 9 October 2006 section 36(1) Summary Proceedings Amendment Act 2006
343D: Entitlement to infringement fees
1: A local authority shall be entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that authority.
2: However, any infringement fee relating to an infringement notice issued by an enforcement officer appointed by the EPA must be paid into a Crown Bank Account. Section 343D(1) inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 Section 343D(2) inserted 1 July 2020 section 95 Resource Management Amendment Act 2020
12A: Enforcement functions of EPA
Part 12A inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343E: Terms used in this Part
1: In this Part,— enforcement action
a: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
i: a contravention of a provision of this Act, any regulations, a rule in a plan, a rule in a proposed plan that has legal effect, a national environmental standard, or a resource consent; or
ii: a failure to comply with a requirement of an enforcement order or abatement notice; or
b: an application for an enforcement order under section 316
c: an application for an interim enforcement order under section 320
d: the service of an abatement notice under section 322
e: the filing of a charging document relating to an offence described in section 338
f: the issuing of an infringement notice under section 343C
g: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f) enforcement function section 343F incident
a: a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national environmental standard, or a resource consent; or
b: a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice subsequent action
a: means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
b: includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).
2: In paragraph (a) of the definition of enforcement action in subsection (1), other activity section 311
3: In this Part, an enforcement action is executed Section 343E inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343F: Enforcement functions of EPA
The EPA may perform any of the following enforcement functions if satisfied that the performance of the function is necessary or desirable to promote the purpose of this Act:
a: the EPA may take an enforcement action and any subsequent action in relation to an incident if the local authority has not commenced taking any enforcement action in relation to the same incident:
b: the EPA may, with the agreement of a local authority, assist the local authority with an enforcement action in relation to an incident and any subsequent action:
c: the EPA may intervene in an enforcement action of a local authority in relation to an incident by taking over the enforcement action and taking any subsequent action. Section 343F inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343G: Intervention by EPA
1: If the EPA intervenes in an enforcement action of a local authority in relation to an incident,—
a: the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and
b: the local authority must,—
i: on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 343E(1)
ii: from the date specified in the notice, cease all enforcement action in relation to the incident; and
c: the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
d: only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.
2: When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person.
3: If the EPA decides to cease its intervention,—
a: it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
b: it must specify in the notice the date on which the intervention will cease; and
c: the local authority may, from the date referred to in paragraph (b),—
i: take an enforcement action or subsequent action in relation to the incident; or
ii: resume any enforcement action that it had commenced before the intervention.
4: To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person. Section 343G inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343H: EPA may change enforcement functions
1: The EPA may change its enforcement function in relation to an incident to another function described in section 343F
2: If the EPA decides to change to an intervention function described in section 343F(c) section 343G(1) Section 343H inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343I: EPA enforcement officers
1: The EPA may authorise a person described in subsection (2) to be an enforcement officer for the purpose of carrying out its enforcement functions under this Act.
2: A person may be authorised as an enforcement officer if the person—
a: has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to the person; or
b: is an employee of the EPA who is suitably qualified and trained.
3: The EPA must supply each enforcement officer with a warrant that—
a: states the full name of the person; and
b: includes a summary of the powers conferred on the person under this Act.
4: An enforcement officer may exercise the powers under this Act, in accordance with his or her warrant, only for the purposes for which he or she was appointed.
5: An enforcement officer exercising a power under this Act must have with him or her, and must produce if required to do so, his or her warrant and evidence of his or her identity.
6: An enforcement officer who holds a warrant issued under this section must, on the termination of the officer’s appointment, surrender the warrant to the EPA. 2012 No 72 ss 138 139 Section 343I inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343J: EPA may require information from local authority
1: The EPA may require a local authority to provide information that the EPA requires for taking an enforcement action in relation to an incident.
2: The EPA must notify the chief executive of the local authority in writing and specify the incident for which information is required.
3: A local authority must provide the required information to the EPA as soon as is reasonably practicable, but no later than 10 working days after the chief executive is notified. Section 343J inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343K: Additional reporting requirements
1: The annual report of the EPA under section 150
2: The EPA is not required to provide information under subsection (1) that would prejudice the maintenance of law, including the prevention, investigation, or detection of offences, or the right to a fair trial. Section 343K inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
343L: Order for payment of EPA’s costs in bringing a prosecution
1: On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs).
2: If the court makes an order under subsection (1), it must not make an order under section 4
3: If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation. 2015 No 70 s 152 Section 343L inserted 1 July 2020 section 96 Resource Management Amendment Act 2020
13: Hazards Control Commission
Part 13 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
344: Interpretation
Section 344 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
345: Purpose and principles
Section 345 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
346: Establishment of Commission
Section 346 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
347: Functions of Commission
Section 347 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
348: Membership of Commission
Section 348 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
349: Compliance with policy directions
Section 349 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
350: Further provisions applying in respect of Commission
Section 350 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
351: Regulations
Section 351 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
14: Miscellaneous provisions
352: Service of documents
1: Where a notice or other document is to be served on a person for the purposes of this Act,—
a: if the person has specified an electronic address as an address for service for the matter to which the document relates, and has not requested a method of service listed in paragraph (b), the document must be served by sending it to the electronic address:
b: if the person has not specified an electronic or other address as an address for service or if the person has requested any of the following methods of service, the document may be served by the requested method or any of the following methods:
i: delivering it personally to the person (other than a Minister of the Crown):
ii: delivering it at the usual or last known place of residence or business of the person:
iii: sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the person:
iv: posting it to the PO box address that the person has specified as an address for service:
v: leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service:
vi: sending it to the fax number that the person has specified as an address for service.
1AA: However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service.
1A: Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016
2: Where a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service
3: Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) shall be deemed to be service on the body.
4: Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (3) shall be deemed to be service on the partnership.
4A: Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—
a: by delivering it at the organisation's head office or principal place of business; or
b: by sending it to the fax number or electronic address
c: by a method agreed between the organisation and the person serving the notice or document.
5: Where a notice or other document is sent by post to a person in accordance with subsection (1)﻿(b)﻿(iii) or (iv) Section 352(1) replaced 18 October 2017 section 165(1) Resource Legislation Amendment Act 2017 Section 352(1AA) inserted 18 October 2017 section 165(1) Resource Legislation Amendment Act 2017 Section 352(1A) inserted 1 March 2017 section 36(2) Electronic Courts and Tribunals Act 2016 Section 352(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 352(4A) inserted 1 October 2009 section 141(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 352(4A)﻿(b) amended 18 October 2017 section 165(2) Resource Legislation Amendment Act 2017 Section 352(5) amended 18 October 2017 section 165(3) Resource Legislation Amendment Act 2017
352A: Mode of service of summons on master or owner of ship
1: If the master or owner of a ship is a defendant in a prosecution for an offence against section 338 sections 15A 15B 15C Criminal Procedure Act 2011
a: if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
b: if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or the agent's place of business.
1A: Subsection (1) applies despite any other enactment.
2: However, or Community Magistrate rules made under the Criminal Procedure Act 2011
3: Unless the contrary is shown, the time at which service shall be deemed to have been effected on the defendant shall be,—
a: where service is effected in accordance with subsection (1)﻿(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent's attention, as the case may be; or
b: where service is effected in accordance with subsection (1)﻿(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post.
4: In this section,— District Court Judge the District Court Act 2016 Justice section 2 of the Justice of the Peace Act 1957 Registrar section 5 Criminal Procedure Act 2011 Section 352A inserted 20 August 1998 section 25 Resource Management Amendment Act 1994 Section 352A(1) replaced 10 August 2005 section 122(1) Resource Management Amendment Act 2005 Section 352A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 352A(1A) inserted 10 August 2005 section 122(1) Resource Management Amendment Act 2005 Section 352A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 352A(2) amended 10 August 2005 section 122(2) Resource Management Amendment Act 2005 Section 352A(2) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 352A(4) replaced 10 August 2005 section 122(3) Resource Management Amendment Act 2005 Section 352A(4) District Court Judge amended 1 March 2017 section 261 District Court Act 2016 Section 352A(4) Registrar amended 19 April 2017 section 111 Resource Legislation Amendment Act 2017 Section 352A(4) Registrar amended 1 July 2013 section 413 Criminal Procedure Act 2011
353: Notices and consents in relation to Maori land
Part 10 section 181(4) or the EPA Section 353 replaced 7 July 1993 section 158 Resource Management Amendment Act 1993 Section 353 amended 1 July 2020 section 97 Resource Management Amendment Act 2020
354: Crown's existing rights to resources to continue
1: Without limiting the Interpretation Act 1999 Crown Minerals Act 1991
a: section 3 of the Geothermal Energy Act 1953
b: section 21 of the Water and Soil Conservation Act 1967
c: section 261 of the Coal Mines Act 1979 shall not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title shall continue after that date as if those enactments had not been repealed.
2: Any person may take, use, dam, divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations.
3: Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under—
a: this Act; or
b: any other enactment; or
c: any instrument or order made under an enactment. Section 354(1) amended 1 November 1999 section 38(1) Interpretation Act 1999 Section 354(2) replaced 7 July 1993 section 159 Resource Management Amendment Act 1993 Section 354(3) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
355: Vesting of reclaimed land
1:
2: Any person may apply to the Minister of Lands for any right, title, or interest in any land—
a: which forms part of a riverbed or lakebed which is land of the Crown; and
b: which has been reclaimed or is proposed to be reclaimed— to be vested in that person.
3: The Minister of Lands Gazette that forms part of a riverbed or lakebed that is not within the coastal marine area and
a: determining an appropriate price (if any) to be paid by the applicant in respect thereof; and
b: ensuring that the consent authority has issued a certificate under section 245(5)﻿(a)﻿(ii) or (5)﻿(b)﻿(ii)
4: Every Gazette
a: shall state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and
ab: must describe the right, title, or interest vested; and
b: shall refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and
c: shall be sent by the relevant Minister to the Registrar-General of Land record of title
d: shall be registered, without fee, by the Registrar-General of Land
5: The Registrar-General of Land record of title Gazette
6: For the purposes of this section, references to land that forms part of a riverbed or lakebed include land which was part of that bed before it was reclaimed. Section 355(1) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 355(3) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 355(3) amended 25 November 2004 section 34(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 355(4)﻿(ab) inserted 25 November 2004 section 34(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 355(4)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 355(4)﻿(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 355(4)﻿(d) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 355(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 355(5) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 355(6) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
355AA: Effect of Foreshore and Seabed Act 2004 on vesting of reclamations
Section 355AA repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
355AB: Application for renewals
Section 355AB repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
355A: Application for consent to unlawful reclamation
1: Where land has at any time (whether before or after the date of commencement of this Act) been reclaimed from the coastal marine area unlawfully, any person may apply under section 88
2: The provisions of Part 6 Section 355A inserted 17 December 1997 section 58 Resource Management Amendment Act 1997
355B: Enforcement powers against unlawful reclamations
1: Where, since the date of commencement of this Act, any land has been unlawfully reclaimed from the coastal marine area, the powers of the Minister of Conservation , a regional council, and the EPA Part 12
2: Where any land has been unlawfully reclaimed from the coastal marine area before the commencement of this Act, the Minister of Conservation , a regional council, or the EPA Part 12
3: Whether or not an enforcement order has been sought or granted under subsection (2), the Minister of Conservation , a regional council, and the EPA
4: For the avoidance of doubt, any action taken under subsection (3) to remove any reclaimed land requires a resource consent unless expressly allowed by a rule in a regional coastal plan and any relevant proposed regional coastal plan. Section 355B inserted 17 December 1997 section 58 Resource Management Amendment Act 1997 Section 355B(1) amended 1 July 2020 section 98(1) Resource Management Amendment Act 2020 Section 355B(2) amended 1 July 2020 section 98(2) Resource Management Amendment Act 2020 Section 355B(3) amended 1 July 2020 section 98(3) Resource Management Amendment Act 2020
356: Matters may be determined by arbitration
1: Except as provided in subsection (2), where—
a: any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and
b: every person who has such a right of appeal agrees— any of those persons may apply to the Environment Court Arbitration Act 1908 court
2: No person may apply to the Environment Court
a: any matter relating to a requirement, designation, or heritage order:
b: any matter relating to an application for a resource consent in respect of which the Minister has made a direction under section 141C
c: any matter relating to a proposed regional policy statement or proposed regional coastal plan.
3: Where an order under subsection (1) is made no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal court
4: Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision; and may, in his or her award, confirm, amend, or cancel any such decision accordingly.
5: Except as otherwise expressly provided, nothing in this section shall limit the right of any persons to refer to arbitration any disputed matter arising under this Act.
6: Section 356(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 356(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 356(2)﻿(b) amended 10 August 2005 section 123 Resource Management Amendment Act 2005 Section 356(3) amended 1 August 2003 section 86(1) Resource Management Amendment Act 2003 Section 356(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 356(6) repealed 1 August 2003 section 86(2) Resource Management Amendment Act 2003 Rights of objection Heading inserted 10 August 2005 section 124 Resource Management Amendment Act 2005
357: Right of objection against certain decisions
1: A person whose application to a territorial authority is not granted under section 10(2)
2: A person whose submission to an authority is struck out under section 41D
3: A person whose application to a consent authority is determined to be incomplete under section 88(3)
3A: A person has a right of objection to a consent authority that decides to return the person's application under section 91C(2) 91F(2)
4: A person whose application or submission is declined to be processed or considered by a board of inquiry exercising the powers of a consent authority under section 99(8)
5: A person who requests a certificate of compliance from the EPA under section 139(13)
6: A requiring authority whose notice to a territorial authority is declined under section 182(5)
7: A requiring authority whose application to a territorial authority is not granted under section 184
8: A requiring authority or heritage protection authority whose request to a territorial authority is not granted under section 198C(4) to (5A)
9: A person has a right of objection to a regional council about a public notice given by the council under section 369(11) Section 357 replaced 1 October 2009 section 142 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357(2) amended 18 October 2017 section 166 Resource Legislation Amendment Act 2017 Section 357(3A) inserted 3 March 2015 section 122 Resource Management Amendment Act 2013 Section 357(3A) amended 30 September 2020 section 99 Resource Management Amendment Act 2020 Section 357(8) amended 4 September 2013 section 59 Resource Management Amendment Act 2013
357A: Right of objection to consent authority against certain decisions or requirements
1: There is a right of objection to a consent authority,—
a: in respect of a decision of that authority, for any person who has made an application under—
i: section 124(2)
ii: section 125(1A)﻿(b)
iii: section 126(2)﻿(b)
iv: section 139
v: section 139A
b:
c:
d: in respect of an application or a submission that a consent authority declines to process or to consider, as provided for by section 99(8)
e: in respect of a decision of the authority under section 87E(5) to (6A) section 87D
f: in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if—
i: the application or review was notified; and
ii: either no submissions were received or any submissions received were withdrawn:
g: in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if the application or review was not notified.
2: Subsection (1)﻿(f) and (g) apply to an application made under section 88 sections 104B 104C section 34A
3: Subsection (1)﻿(f) and (g) apply to an application made under section 127
4: Subsection (1)﻿(f) and (g) apply to a review of the conditions of a resource consent under sections 128 to 132
5: Subsection (1)﻿(f) and (g) apply to an application made under section 221 Section 357A inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357A(1)﻿(a)﻿(ii) amended 1 October 2011 section 56 Resource Management Amendment Act (No 2) 2011 Section 357A(1)﻿(b) repealed 1 October 2009 section 143(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)﻿(c) repealed 1 October 2009 section 143(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)﻿(e) replaced 1 October 2009 section 143(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)﻿(e) amended 4 September 2013 section 60 Resource Management Amendment Act 2013 Section 357A(1)﻿(f) inserted 1 October 2009 section 143(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)﻿(g) inserted 1 October 2009 section 143(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(2) replaced 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(3) replaced 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(4) inserted 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(5) inserted 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009
357AB: Objection under section 357A(1)﻿(f) or (g) may be considered by hearings commissioner
1: An applicant for a resource consent who has a right of objection under section 357A(1)﻿(f) or (g)
2: If a consent authority receives a request under this section, the authority must, under section 34A(1) sections 357C 357D Section 357AB inserted 18 October 2017 section 167 Resource Legislation Amendment Act 2017
357B: Right of objection in relation to imposition of additional charges or recovery of costs
There is a right of objection,—
a: for a person required by a local authority to pay an additional charge under section 36(5) section 149ZD(1)
ab: for a person required by the EPA to pay costs under section 149ZD(2) or (3)
b: for a person required by the Minister to pay costs under section 149ZD(4) Section 357B inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357B(a) amended 19 April 2017 section 112 Resource Legislation Amendment Act 2017 Section 357B(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357B(ab) inserted 1 July 2011 section 13(1) Resource Management Amendment Act 2011 Section 357B(b) amended 1 July 2011 section 13(2) Resource Management Amendment Act 2011
357C: Procedure for making and hearing objection under sections 357 to 357B
1: An objection under section 357 357A 357B
2: A notice of objection must set out the reasons for the objection.
2A: A notice of an objection made under section 357A(1)﻿(f) or (g)
3: In the case of an objection made under section 357 357A person or body to which the objection is made
a: consider the objection within 20 working days; and
b: if the objection has not been resolved,
4: In the case of an objection made under section 357B person or body to which the objection is made
a: consider the objection as soon as reasonably practicable; and
b: if the objection has not been resolved, Section 357C inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357C(1) replaced 1 October 2009 section 144(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357C(2A) inserted 18 October 2017 section 168 Resource Legislation Amendment Act 2017 Section 357C(3) amended 1 October 2009 section 144(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357C(3)﻿(b) amended 4 September 2013 section 61 Resource Management Amendment Act 2013 Section 357C(4) amended 1 October 2009 section 144(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357C(4)﻿(b) amended 4 September 2013 section 61 Resource Management Amendment Act 2013
357CA: Powers of hearings commissioner considering objection under section 357A(1)﻿(f) or (g)
1: This section applies if a hearings commissioner is considering an objection made under section 357A(1)﻿(f) or (g) see section 357AB
2: The hearings commissioner may do 1 or more of the following:
a: require the person or body making the objection to provide further information:
b: require the consent authority to provide further information:
c: commission a report on any matter raised in the objection.
3: However, the hearings commissioner must not require further information or commission a report unless he or she considers that the information or report will assist the hearings commissioner to make a decision on the objection. Section 357CA inserted 18 October 2017 section 169 Resource Legislation Amendment Act 2017
357D: Decision on objections made under sections 357 to 357B
1: The person or body to which an objection is made under sections 357 to 357B
a: dismiss the objection; or
b: uphold the objection in whole or in part; or
c: in the case of an objection under section 357B(a) section 36(5)
2: The person or body to which the objection is made must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the person or body considers appropriate, notice in writing of its decision on the objection and the reasons for it.
3: In the case of an objection made under section 357A(1)﻿(e) Section 357D inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357D(1) amended 1 October 2009 section 145(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357D(1)﻿(c) amended 19 April 2017 section 113 Resource Legislation Amendment Act 2017 Section 357D(2) replaced 1 October 2009 section 145(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009
358: Appeals against certain decisions or objections
1: Any person who has made an objection under section 357 or section 357A(1)﻿(a), (d), (f), or (g) section 357B Environment Court
1A: However, appeals from the following objections are excluded:
a: an objection under section 357A(1)﻿(f) or (g) to (4) section 120(1A)
b: an objection to an authority under section 357(2)
c: an objection to an authority under section 357(3A) or (8)
d: an objection to a board of inquiry under section 357(2) or (4)
2: Notice of an appeal under this section shall be in the prescribed form, stating the reasons for the appeal, and shall be lodged with the court section 357D(2) Environment Court
3: Any person lodging an appeal under this section shall ensure that a copy of the notice of appeal is served on the consent authority or local authority at the same time as the notice is lodged with the Environment Court
4: This section shall not apply to any person who has already exercised a right of appeal in respect of the same matter under section 120 Section 358(1) replaced 7 July 1993 section 162 Resource Management Amendment Act 1993 Section 358(1) amended 18 October 2017 section 170(1) Resource Legislation Amendment Act 2017 Section 358(1) amended 1 October 2009 section 146(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 358(1) amended 10 August 2005 section 125(1) Resource Management Amendment Act 2005 Section 358(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 358(1A) inserted 18 October 2017 section 170(2) Resource Legislation Amendment Act 2017 Section 358(1A)﻿(a) amended 30 September 2020 section 100 Resource Management Amendment Act 2020 Section 358(2) amended 10 August 2005 section 125(2) Resource Management Amendment Act 2005 Section 358(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 358(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
359: Regional councils to pay rents, royalties, and other money received into Crown Bank Account
All rents, royalties, and other sums of money which the holders of resource consents are, by virtue of any authorisation granted under section 161 section 360(1)﻿(c)
a: collect and receive from the holders of such resource consents in its region, all such rents, royalties, and other sums of money on behalf of the Crown; and
b: pay that money into a Public Finance Act 1989 Section 359(b) amended 25 January 2005 section 65R(3) Public Finance Act 1989
360: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the manner or content of applications, notices, or any other documentation or information as may be required under this Act:
aa: prescribing the manner and content of forms for esplanade strips and access strips:
ab:
ac: prescribing the methods of making an application or requirement for a designation, the persons to be served, the times of service, and the form of application and notice required:
b: prescribing the fees payable or the methods for calculating fees and recovering costs in respect of consent applications, tenders, and operations, or other matters under this Act:
baa: prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under section 281A
i: assess a person’s ability to pay a fee; and
ii: identify proceedings that concern matters of public interest:
ba: prescribing those offences under this Act (including offences prescribed under paragraph (ho) or section 217M(1)﻿(k)
bb: prescribing infringement fees (which may be different fees for different offences)—
i: not exceeding $2,000, in the case of a natural person, for an infringement offence prescribed under this subsection:
ii: not exceeding $4,000, in the case of a person other than a natural person, for an infringement offence prescribed under this subsection:
iii: not exceeding $100 per stock unit for each infringement offence prescribed under paragraph (ho) that is differentiated on the basis of the number of stock units, to a maximum fee of—
A: $2,000 for each infringement offence in the case of a natural person; and
B: $4,000 for each infringement offence in the case of a person other than a natural person:
bc: prescribing, in relation to infringement offences against this Act, the form and content of infringement notices and reminder notices:
c: prescribing the amount, methods for calculating the amount, and circumstances and manner in which holders of resource consents are liable to pay for—
i: the occupation of the coastal marine area, to the extent that it is within the common marine and coastal area; and
ii: the occupation of the bed of any river or lake that is land of the Crown; and
iii: the extraction of any sand, shingle, shell, and other natural materials from an area described in subparagraph (i) or (ii); and
iv: the use of geothermal energy:
d: requiring the holders of water permits, discharge permits, coastal permits, or land use consents granted for any activity that would otherwise contravene section 13
da: prescribing the form and content (including conditions) of water permits and discharge permits:
e: providing for any project or work to be a network utility operation for the purpose of section 166
f: prescribing the practice and procedure of the Environment Court court
g: prescribing transitional and savings provisions relating to the coming into force of this Act, which may be in addition to or in place of any of the provisions of Part 15
h: prescribing exemptions from any provision of section 15 , air,
ha: deeming to be included in any regional coastal plan or proposed regional coastal plan rules that may apply generally or specifically and that may do all or any of the following:
i: specify as controlled activities, restricted discretionary activities, section 15A
ii: specify criteria to be considered in considering any application under section 88 section 15A section 127 section 128
hb: prescribing any substance to be a harmful substance for the purposes of section 2(1)
hc: prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 15C
hd:
he: without limiting paragraph (d), in relation to any coastal permit to do something that otherwise would contravene section 15A Maritime New Zealand
hf: prohibiting or permitting a discharge to which section 15B
hg: prohibiting or permitting with or without conditions the making of a rule or the granting of a resource consent for a discharge to which section 15B
hh: prescribing any operations of a ship, aircraft, or offshore installation as a normal operation:
hi: prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in sections 41B to 41D
hj: providing for discounts on administrative charges imposed under section 36 section 127 , or for decisions on activities permitted under section 87BA(1)﻿(c)
hk: prescribing, for the purposes of section 35(2) and (2AA)
i: indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district:
ia: matters by reference to which monitoring must be carried out:
ii: standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:
hl: requiring local authorities to provide information gathered under sections 35 35A
hm: prescribing, for the purposes of sections 87E 165ZFE 198C
i: threshold amounts, which may differ for proposals of different types or in different locations; and
ii: matters to which an authority is required to have regard in determining whether exceptional circumstances exist:
hn: prescribing measures for the purpose of excluding stock from water bodies, estuaries, coastal lakes and lagoons, and the margins of those water bodies, estuaries, and coastal lakes and lagoons
i: apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):
ii: apply generally in relation to water bodies, estuaries, coastal lakes and lagoons, and their margins coastal lakes and lagoons, and their margins
iii: apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins
iv: prescribe technical requirements for the purposes of the regulations (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):
ho: prescribing infringement offences for the contravention of, or non-compliance with, any regulations made under paragraph (hn):
hp: prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—
i: local authorities:
ii: the holders of resource consents:
iii: other persons:
hq: provide that, despite sections 68(2) 76(2)
i: providing for any other such matters as are contemplated by, or necessary for giving full effect to, this Act and for its due administration.
2: Any regulations may apply generally or may apply or be applied from time to time by the Minister by notice
2AA:
2A: No regulation shall be made under any of paragraphs (ha) to (he) of subsection (1) except on the recommendation of the Minister after consultation with the Minister of Transport and the Minister of Conservation.
2B: The Minister shall not recommend the making of any regulation under any of paragraphs (ha) to (hd) of subsection (1) unless, after having consulted with the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that—
a: it is necessary or desirable to do so for all or any of the following purposes:
i: to implement New Zealand's obligations under any international convention, protocol, or agreement, relating to the protection of the marine environment and to which New Zealand is a party:
ii: to enable New Zealand to become a party to any international convention, protocol, or agreement, relating to the protection of the marine environment:
iii: to implement such international practices or standards relating to the protection of the marine environment as may, from time to time, be recommended by the International Maritime Organization; or
b: it is not inconsistent with any such purpose to do so.
2C: The Minister may section 360(1)﻿(hb) or (hc)
2D: Regulations made under subsection (1)﻿(hf) and (hg) may apply—
a: generally within New Zealand or to those areas of New Zealand specified in the regulations:
b: generally to rules or resource consents, or to rules or resource consents made by the consent authorities specified in the regulations.
2E: Regulations may be made under section 360(1)﻿(hm)
2F: Regulations made under subsection (1)﻿(hn) or (ho) may specify—
a: that rules inconsistent with those regulations be withdrawn or amended—
i: to the extent necessary to remove the inconsistency; and
ii: as soon as practicable after the date on which the regulations come into force; but
iii: without using any of the processes under Schedule 1
b: in relation to a rule made before the commencement of the regulations,—
i: the extent to which a matter that the regulations apply to continues to have effect; or
ii: the period for which a matter that the regulations apply to continues to have effect.
2G: If regulations specify a matter under subsection (2F), the local authorities concerned must publicly notify that the rules have been withdrawn or amended not later than 5 working days after they are withdrawn or amended.
3: All regulations made under subsection (1)﻿(g) that are still in force on the day that is 5 years after the date of commencement of this Act shall expire at the close of that day.
4: Regulations made under this section may incorporate material by reference. Schedule 1AA section 360
5: The following are secondary legislation ( see Part 3
a: regulations under subsection (1):
b: a notice under subsection (2):
c: an amendment under subsection (2C). 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) or (2C). Legislation Act 2019 requirements for secondary legislation made under subsection (1) or (2C) 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. 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 (2). Legislation Act 2019 requirements for secondary legislation made under subsection (2) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 360(1)﻿(aa) inserted 7 July 1993 section 163(1) Resource Management Amendment Act 1993 Section 360(1)﻿(ab) repealed 1 October 2009 section 147(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 360(1)﻿(ac) inserted 1 August 2003 section 88(1) Resource Management Amendment Act 2003 Section 360(1)﻿(baa) inserted 19 April 2017 section 114(1) Resource Legislation Amendment Act 2017 Section 360(1)﻿(ba) inserted 2 September 1996 section 19 Resource Management Amendment Act 1996 Section 360(1)﻿(ba) amended 1 July 2020 section 101(1) Resource Management Amendment Act 2020 Section 360(1)﻿(ba) amended 19 April 2017 section 114(2) Resource Legislation Amendment Act 2017 Section 360(1)﻿(bb) replaced 1 July 2020 section 101(2) Resource Management Amendment Act 2020 Section 360(1)﻿(bc) replaced 1 July 2020 section 101(2) Resource Management Amendment Act 2020 Section 360(1)﻿(c) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 360(1)﻿(da) inserted 19 April 2017 section 114(4) Resource Legislation Amendment Act 2017 Section 360(1)﻿(f) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 360(1)﻿(h) amended 7 July 1993 section 163(3)﻿(a) Resource Management Amendment Act 1993 Section 360(1)﻿(h) amended 7 July 1993 section 163(3)﻿(b) Resource Management Amendment Act 1993 Section 360(1)﻿(ha) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)﻿(ha)﻿(i) amended 1 August 2003 section 88(2) Resource Management Amendment Act 2003 Section 360(1)﻿(hb) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)﻿(hc) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)﻿(hd) repealed 17 December 1997 section 60(1) Resource Management Amendment Act 1997 Section 360(1)﻿(he) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)﻿(he) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 360(1)﻿(hf) inserted 17 December 1997 section 60(2) Resource Management Amendment Act 1997 Section 360(1)﻿(hg) inserted 17 December 1997 section 60(2) Resource Management Amendment Act 1997 Section 360(1)﻿(hh) inserted 17 December 1997 section 60(2) Resource Management Amendment Act 1997 Section 360(1)﻿(hi) inserted 10 August 2005 section 127 Resource Management Amendment Act 2005 Section 360(1)﻿(hi) amended 18 October 2017 section 171(1) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hj) inserted 1 October 2009 section 147(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 360(1)﻿(hj) amended 18 October 2017 section 171(2) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hk) replaced 4 September 2013 section 62(1) Resource Management Amendment Act 2013 Section 360(1)﻿(hk) amended 19 April 2017 section 114(5) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hk)﻿(ia) inserted 19 April 2017 section 114(6) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hl) inserted 4 September 2013 section 62(1) Resource Management Amendment Act 2013 Section 360(1)﻿(hm) inserted 4 September 2013 section 62(1) Resource Management Amendment Act 2013 Section 360(1)﻿(hn) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hn) amended 1 July 2020 section 101(3) Resource Management Amendment Act 2020 Section 360(1)﻿(hn)﻿(ii) amended 1 July 2020 section 101(4) Resource Management Amendment Act 2020 Section 360(1)﻿(hn)﻿(iii) amended 1 July 2020 section 101(4) Resource Management Amendment Act 2020 Section 360(1)﻿(ho) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hp) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(1)﻿(hq) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 360(2A) inserted 1 February 1995 section 26(3) Resource Management Amendment Act 1994 Section 360(2AA) repealed 24 October 2019 section 130 Statutes Amendment Act 2019 Section 360(2B) inserted 1 February 1995 section 26(3) Resource Management Amendment Act 1994 Section 360(2C) inserted 17 December 1997 section 60(3) Resource Management Amendment Act 1997 Section 360(2C) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 360(2D) inserted 17 December 1997 section 60(3) Resource Management Amendment Act 1997 Section 360(2E) inserted 4 September 2013 section 62(2) Resource Management Amendment Act 2013 Section 360(2F) inserted 19 April 2017 section 114(9) Resource Legislation Amendment Act 2017 Section 360(2G) inserted 19 April 2017 section 114(9) Resource Legislation Amendment Act 2017 Section 360(4) inserted 1 October 2009 section 147(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 360(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
360A: Regulations amending regional coastal plans in relation to aquaculture activities
1: The Governor-General may, by Order in Council, amend provisions in a regional coastal plan that relate to the management of aquaculture activities in the coastal marine area.
2: An amendment made under subsection (1)—
a: becomes part of the operative plan as if it had been notified under clause 20
b: must not be inconsistent with, and is subject to, the other provisions of this Act (for example, subpart 1
c: may be amended—
i: under this section; or
ii: in accordance with Schedule 1
iii: under any other provision of this Act.
3: In this section and sections 360B 360C amend provisions
a: omitting provisions (whether other provisions are substituted or not):
b: adding provisions.
4: 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 360A inserted 1 October 2011 section 57 Resource Management Amendment Act (No 2) 2011 Section 360A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
360B: Conditions to be satisfied before regulations made under section 360A
1: Regulations must not be made under section 360A(1)
2: The Minister of Aquaculture must not make a recommendation unless the Minister—
a: has first had regard to the provisions of the regional coastal plan that will be affected by the proposed regulations; and
b: has consulted—
i: the Minister of Conservation; and
ii: other Ministers that the Minister of Aquaculture considers relevant to the proposed regulations; and
iii: any regional council that will be affected by the proposed regulations; and
iv: the public and iwi authorities in accordance with subsection (3); and
c: is satisfied that—
i: the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and
ii: the matters to be addressed by the proposed regulations are of regional or national significance; and
iii: the regional coastal plan to be amended by the proposed regulations will continue to give effect to—
A: any national policy statement; and
B: any New Zealand coastal policy statement; and
BA: a national planning standard; and
C: any regional policy statement; and
iv: the regional coastal plan as amended by the proposed regulations will not duplicate or conflict with any national environmental standard ; and
d: has prepared an evaluation report for the proposed regulations in accordance with section 32
3: For the purposes of subsection (2)﻿(b)﻿(iv), the Minister of Aquaculture must—
a: notify the public and iwi authorities of the proposed regulations; and
b: establish a process that—
i: the Minister of Aquaculture considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed regulations; and
ii: requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
c: publicly notify the report and recommendation.
4: For the purposes of subsection (2)﻿(b)﻿(iv), the Minister is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations. Section 360B inserted 1 October 2011 section 57 Resource Management Amendment Act (No 2) 2011 Section 360B(2)﻿(c)﻿(iii)﻿(BA) inserted 19 April 2017 section 115 Resource Legislation Amendment Act 2017 Section 360B(2)﻿(c)﻿(iv) amended 3 December 2013 section 82(1) Resource Management Amendment Act 2013 Section 360B(2)﻿(d) inserted 3 December 2013 section 82(2) Resource Management Amendment Act 2013
360C: Regional council's obligations
As soon as practicable after regulations are made under section 360A(1)
a: give public notice that the regulations have been made, of the date on which the regulations come into force, and that provides a general description of the nature and effect of the regulations; and
b: amend the plan in accordance with the regulations—
i: without using the process in Schedule 1
ii: by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force. Section 360C inserted 1 October 2011 section 57 Resource Management Amendment Act (No 2) 2011
360D: Regulations that prohibit or remove certain rules
Section 360D repealed 1 July 2020 section 102 Resource Management Amendment Act 2020
360E: Procedures relevant to making rules under section 360D
Section 360E repealed 1 July 2020 section 102 Resource Management Amendment Act 2020
360F: Regulations relating to administrative charges and other amounts
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of specifying the charges that a local authority is required to fix under section 36(1) see section 36(4)
2: Regulations made under this section—
a: must not fix the amount to be charged by local authorities under section 36(1)
b: may require local authorities—
i: to fix charges for hearings commissioners determining plan changes or resource consent applications, in accordance with a delegation from the local authority under section 34A(1)
ii: before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing:
c: may require local authorities to fix charges for the functions referred to in section 36(1)﻿(b)
d: may require local authorities to fix charges listed in section 36(1) section 87BA 87BB
3: Regulations that relate to a function referred to in section 36(1)﻿(b)
a: must specify the class or classes of application in respect of which each charge is to be fixed; and
b: must include a schedule of charges to be applied by local authorities, fixed on the basis of—
i: the class of application; and
ii: the complexity of the class of application to which the charges apply; and
c: may specify a class or classes of additional charges that may apply.
4: Regulations under this section 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 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 360F inserted 19 April 2017 section 116 Resource Legislation Amendment Act 2017 Section 360F(2)﻿(d) inserted 18 October 2017 section 172 Resource Legislation Amendment Act 2017 Section 360F(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
360G: Regulations relating to fast-track applications
Section 360G repealed 1 July 2020 section 102 Resource Management Amendment Act 2020
360H: Regulations relating to notification of consent applications
Section 360H repealed 1 July 2020 section 102 Resource Management Amendment Act 2020
361: Repeals and revocations
1: The enactments specified in Schedule 6
2: The regulations and orders specified in Schedule 7
3: Every Order in Council made under section 8A section 165 of the Harbours Act 1950
4: Every Proclamation made under section 132 of the Mining Act 1926
362: Consequential amendments
The enactments specified in Schedule 8
363: Conflicts with special Acts
Every local authority or other public body shall be guided, in the exercise of any function, power, or duty in relation to natural or physical resources imposed or conferred by any of the enactments specified in Schedule 9
15: Transitional provisions
364: Application of this Part
This Part shall have effect notwithstanding the repeal of the enactments specified in Schedule 6 Schedule 7 Schedule 8
365: Meaning of permission
In this Part, the term permission
a: a consent within the meaning of the Town and Country Planning Act 1977
b: a licence under the Geothermal Energy Act 1953 section 9(1) of that Act section 11 of that Act
c: a licence within the meaning of the Clean Air Act 1972 section 31 of that Act
d: any of the following:
i: a right in respect of water granted under section 21(3) of the Water and Soil Conservation Act 1967 section 58(2) of the Water and Soil Conservation Amendment Act 1988
ii: any authorisation in respect of water under section 21(2) section 21(2A) of that Act
iii: any right referred to in section 21(1) of that Act
iv: any right as expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954 Water and Soil Conservation Act 1967
v:
vi: any damming of a river or stream, and diversion or taking of natural water, and any discharge of natural water into any other natural water, and any use of natural water referred to in section 31 of the Water and Soil Conservation Amendment Act 1973
vii: any right to dam, divert, take, discharge into, or use water granted under section 3 of the Clutha Development (Clyde Dam) Empowering Act 1982
viii: any right to take or use water granted under sections 4 or 5 of the Whakatane Paper Mills, Limited, Water Supply Empowering Act 1936 Whakatane Board Mills Limited Water Supply Act 1961
e: an approval by a territorial authority, under section 279 section 270 Section 365(d)﻿(v) repealed 7 July 1993 section 164 Resource Management Amendment Act 1993
366: Effect of this Act on existing schemes, consents, etc
Except as otherwise provided in this Part or in any regulations, from the date of commencement of this Act each of the following shall cease to have any effect:
a: every proposed or operative regional planning scheme, maritime planning scheme, district scheme, and combined scheme under the Town and Country Planning Act 1977
b: every instrument referred to in section 368(2) section 370(2)
c: every permission referred to in any of sections 383 to 387 402
d: every bylaw referred to in section 424(2) , (3), (4), or (8)
e: every designation or requirement under the Town and Country Planning Act 1977 section 36 of the Historic Places Act 1980
f: every notice or direction under any of the following provisions:
i: section 24D section 24G of the Water and Soil Conservation Act 1967
ii: section 35
g: every—
i: current mining privilege within the meaning of section 2 of the Water and Soil Conservation Amendment Act 1971
ii: right granted under the Water and Soil Conservation Act 1967 section 18 of the Water and Soil Conservation Amendment Act 1971 Section 366(d) amended 7 July 1993 section 165 Resource Management Amendment Act 1993
367: Effect of regional planning schemes
1: Except as provided in subsection (2), every regional council and territorial authority, in carrying out any of its functions described in sections 30 31 section 24 of the Town and Country Planning Act 1977 Part 2
2: Subsection (1) shall cease to apply to a regional council or territorial authority once there is, in respect of the relevant region or district,—
a: a proposed regional policy statement; and
b: in the case of a region which includes a coastal marine area, an operative regional coastal plan (other than a regional coastal plan deemed to be constituted under section 370(1) Transitional regional plans
368: Existing notices, bylaws, etc, to become regional plans
1: Where 1 or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region except in the coastal marine area immediately before the date of commencement of this Act, a regional plan (not being a regional coastal plan) shall be deemed to be constituted for that region, which plan shall—
a: include as provisions of the plan such of those instruments as applied to that part of the region except in the coastal marine area (whether or not those instruments have been repealed or revoked by this Act); and
b: be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Part.
2: The instruments to which subsection (1) applies are as follows:
a: local water conservation notices published in the Gazette section 20H of the Water and Soil Conservation Act 1967
b: final water classifications notified under section 26F of the Water and Soil Conservation Act 1967 section 26E of that Act section 25(2)﻿(b) of the Water and Soil Conservation Amendment Act (No 2) 1971
c: maximum and minimum levels, minimum standards of quality, minimum acceptable flow, or maximum range of flow of any water, fixed under section 20J of the Water and Soil Conservation Act 1967
d: authorisations that have been notified under section 22 of the Water and Soil Conservation Act 1967
e: any bylaw made under—
i: section 149 section 150
ii: section 34A of the Water and Soil Conservation Act 1967 section 4 of the Water and Soil Conservation Amendment Act 1973
iii: section 50
iv: section 24(2) section 55A of the Clean Air Act 1972 to the extent that the subject matter of the bylaw could be the subject matter of a regional rule:
f: notices under section 34(2)
g: the Clean Air Zone (Christchurch) Order 1977 clause 5G Clean Air Zones (Canterbury Region) Order 1984 clause 5 sections 2, 7, 8, 10, 15, 16(1), 16(2), 17, 19, and 20 1 and 2 of, the Clean Air Act 1972 Clean Air (Smoke) Regulations 1975
369: Provisions deemed to be regional rules
1: A provision that is deemed by section 368(1)
a: authorises anything without further consent or approval being required from any person under any enactment, regulation, or order referred to in Schedules 6 7 8
b: authorises anything if the consent or approval of any person is obtained from any person under any enactment, regulation, or order referred to in Schedules 6 7 8
c: prohibits anything, or provides that it is an offence to do or omit to do anything, is deemed to be a regional rule having the effect of making an activity to which that act or omission relates a non-complying activity— and the provisions of this Act shall apply accordingly.
2: Notwithstanding subsection (1), a bylaw shall be deemed by subsection (1) to be a regional rule only if the regional council for the region concerned has publicly notified the relevant plan in accordance with section 376
3: Where provisions of a final water classification of the kind referred to in section 368(2)﻿(b) section 368(1)
4: A consent authority may grant a discharge permit , or a coastal permit to do something that would otherwise contravene section 15
a: that exceptional circumstances justify the granting of the permit; or
b: the discharge is of a temporary nature; or
c: the discharge is associated with necessary maintenance work— and that it is consistent with the purpose of this Act to do so.
5: Without limiting section 113
6: In addition to any other conditions imposed under this Act, a permit granted pursuant to subsection (4)﻿(a) or (b) shall include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of section 107(1)
7: Where provisions of an authorisation of the kind referred to in section 368(2)﻿(d) section 368(1)
8: Where any provision of a bylaw of the kind referred to in section 368(2)﻿(e)﻿(i) section 368(2)﻿(f) section 368(1) provided that, if the regional council considers special circumstances exist, it may, in its discretion, require any such application to be notified.
9: Where provisions of a notice of the kind referred to in section 368(2)﻿(f) section 368(1) section 34(2)
10: Where the maximum and minimum levels, minimum standards of quality, minimum acceptable flow, or maximum range of flow of any water fixed under section 20J of the Water and Soil Conservation Act 1967 section 368(1)
a: a rule to the effect that no permit shall be granted in contravention of such provisions; and
b: a rule to the effect that the exercise of existing consents shall be affected in accordance with section 68(7)
11: Where an order of the kind referred to in section 368(2)﻿(g) section 368(1)
a: authorise or prohibit the use, in a clean air zone, of any class of fuel specified in the notice; and
b: authorise or prohibit the installation or use, in a clean air zone, of any class of fuel-burning equipment specified in the notice.
12: A regional plan deemed to be constituted under section 368 Schedule 1
13: Sections 357 to Section 369(4) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(4) amended 17 December 1997 section 61 Resource Management Amendment Act 1997 Section 369(5) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(6) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(7) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(8) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(9) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(10) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(11) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(12) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(13) inserted 1 August 2003 section 89 Resource Management Amendment Act 2003 Section 369(13) amended 10 August 2005 section 126 Resource Management Amendment Act 2005 Transitional regional coastal plans
370: Existing notices, bylaws, etc, to become regional coastal plans
1: Where 1 or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region within the coastal marine area immediately before the date of commencement of this Act, a regional coastal plan shall be deemed to be constituted for that region, which plan shall—
a: include as provisions of the plan such of those instruments as applied to that part of the region within the coastal marine area (whether or not those instruments have been repealed or revoked by this Act); and
b: be deemed to be operative from the date of commencement of this Act; and
c: cease to be operative on the date upon which a regional coastal plan prepared in the manner set out in Schedule 1
2: The instruments to which subsection (1) applies are as follows:
a: operative district schemes, combined schemes, and maritime planning schemes under the Town and Country Planning Act 1977
b: determinations of the Minister of Fisheries under section 4(2) of the Marine Farming Act 1971 Gazette section 4(4) of that Act
c: instruments of the kinds referred to in section 368(2)
d: declarations notified in the Gazette section 14E of the Marine Farming Act 1971
3: Where, in respect of the whole or any part of the coastal marine area of a region, any provision of a proposed district scheme, maritime planning scheme, or combined scheme, or any proposed change or variation or review Town and Country Planning Act 1977
4: Notwithstanding section 64(4) clause 21
a: the Minister of Conservation:
b: the territorial authority for any district that is within or adjoins the relevant region.
5: However, subsection (4) does not apply to a plan change request made under subpart 4 Section 370(2)﻿(d) inserted 7 July 1993 section 167(1) Resource Management Amendment Act 1993 Section 370(3) amended 7 July 1993 section 167(2) Resource Management Amendment Act 1993 Section 370(4) replaced 7 July 1993 section 167(3) Resource Management Amendment Act 1993 Section 370(5) inserted 1 October 2011 section 58 Resource Management Amendment Act (No 2) 2011
371: Provisions deemed to be regional rules
1: A provision of a district scheme or a combined scheme under the Town and Country Planning Act 1977 section 370
a: a regional rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977
b: a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977
c: a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977 and the provisions of this Act shall apply accordingly.
2: Any determination by the Minister of Fisheries described in section 370(2)﻿(b) Marine Farming Act 1971
2A: Any declaration by the Minister of Fisheries described in section 370(2)﻿(d)
a: a controlled activity, when the person carrying on the activity requires exclusive occupation of the area specified in the determination; or
b: a permitted activity, in every other case.
3: Except as provided in subsections (1) and (2), sections 368 369
a: a regional plan, were a reference to a regional coastal plan; and
b: section 368(1) section 370(1)
c: subject to section 370(4) section 65 section 64
d: a discharge permit, were a reference to a coastal permit to do something that would otherwise contravene section 15
4: Where any former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977
5: Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 section 378(1) Section 371 heading amended 7 July 1993 section 168 Resource Management Amendment Act 1993 Section 371(1)﻿(c) replaced 7 July 1993 section 168(1) Resource Management Amendment Act 1993 Section 371(2A) inserted 7 July 1993 section 168(2) Resource Management Amendment Act 1993 Section 371(3)﻿(c) replaced 7 July 1993 section 168(3) Resource Management Amendment Act 1993 Section 371(3)﻿(d) inserted 7 July 1993 section 168(3) Resource Management Amendment Act 1993 Section 371(5) inserted 7 July 1993 section 168(4) Resource Management Amendment Act 1993
372: Power of Minister of Conservation to give directions relating to restricted coastal activities
1: Subject to subsection (3), the Minister of Conservation may, from time to time, having regard to the matters set out in paragraphs (a) and (b) of section 68(4) and such other matters as the Minister considers appropriate, direct a regional council, in accordance with subsection (2), to—
a: treat any specified activity in the coastal marine area as a restricted coastal activity for the purposes of this Act, whether or not any regional coastal plan is deemed to be operative in that region under section 370
b: make any specified change to a regional coastal plan deemed to be operative under section 370
c: deal with any specified application for permission or for a coastal permit in respect of any activity in the coastal marine area as an application for a restricted coastal activity,— and the regional council shall forthwith comply with that direction accordingly.
2: A direction under subsection (1) shall be in writing, and shall be served on the relevant regional council.
3: A direction under subsection (1)—
a: shall not affect any application for a permission or a coastal permit in respect of which the regional council has notified its decision; and
b: shall not affect any other application for a permission or a coastal permit in respect of which the regional council has, before the date upon which the direction is served, fixed a commencement date for a hearing, which date is less than 6 working days after the date upon which the direction is served; and
c: shall cease to have effect upon the date that a proposed regional coastal plan is made operative under clause 20
4: Upon receipt of a direction under subsection (1), the regional council so directed shall, as soon as reasonably practicable,—
a: without using the process in Schedule 1
b: where the direction specifies that an application for a permission or for a coastal permit in respect of any activity in the coastal marine area shall be dealt with as an application for a restricted coastal activity, serve a copy of the direction on every applicant for that permission or coastal permit and every person who has made a submission in respect of that application; and
c: give public notice of the direction, including a description of—
i: any change to be made to any regional coastal plan; and
ii: any application for permission or for a coastal permit specified in the direction.
5: Other provisions of this Act relating to the changing of a regional coastal plan do not apply to a change made in accordance with a direction given under subsection (1).
6: Subject to subsection (3), a direction given under this section shall take effect on the date that it is served, regardless of when the regional council makes any change to any regional coastal plan specified in the direction.
7: Until such time as a proposed regional coastal plan is notified in respect of a region, the Minister of Conservation may, from time to time, direct the relevant regional council as to—
a: matters which the regional council shall have regard to in considering any application or class of applications for a coastal permit; and
b: the conditions that should or should not be included in any coastal permit or class of coastal permits; and
c: such other matters as the Minister thinks fit.
8: Subsections (2) and (3) shall apply to any directions given under subsection (7), except that those directions shall cease to have effect on the date that a proposed regional coastal plan is notified under clause 5 Section 372(3)﻿(c) amended 1 August 2003 section 90 Resource Management Amendment Act 2003 Section 372(4)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Transitional district plans
373: Existing district and maritime schemes to become district plans
1: Where any operative district scheme or combined scheme or maritime planning scheme under the Town and Country Planning Act 1977
a: include as provisions of the plan such of the provisions of those schemes as apply to the district; and
b: be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Act.
2: Where any proposed district scheme, combined scheme, or maritime planning scheme, or any change, review, or variation under the Town and Country Planning Act 1977 section 378
3:
4: Where, immediately before the date of commencement of this Act,—
a: no operative district scheme, combined scheme, or maritime planning scheme under the Town and Country Planning Act 1977
b: no proposed district scheme, combined scheme, or maritime planning scheme, or proposed change or variation, under that Act has been publicly notified— in respect of any district, then, for the purposes of this Act every use of land Section 373(2) replaced 7 July 1993 section 169(1) Resource Management Amendment Act 1993 Section 373(3) repealed 7 July 1993 section 169(2) Resource Management Amendment Act 1993 Section 373(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 373(4) amended 7 July 1993 section 169(3) Resource Management Amendment Act 1993
374: Provisions deemed to be district rules
1: A provision of a district scheme or combined scheme that is deemed by section 373
a: a district rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977
b: a district rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977
c: a district rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977 and the provisions of this Act shall apply accordingly.
2: Where a former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977
3: Except as otherwise provided in subsection (1), a provision that is deemed by section 373
a: authorised anything without further consent or approval from the former consent authority being required, is deemed to be a district rule in respect of a permitted activity; or
b: authorised anything if the consent or approval of the former consent authority was obtained, is deemed to be a district rule in respect of a discretionary activity; or
c: prohibited anything, or provided that it was an offence to do or not to do anything, is deemed to be a district rule having the effect of making an activity to which the act or omission relates a non-complying activity,— and the provisions of this Act shall apply accordingly.
4: Where a plan or proposed plan or change is deemed to be constituted under section 373
a: is not specifically referred to in the plan; and
b: immediately before the commencement of this Act, was subject to—
i: controls, restrictions, or prohibitions and required the consent or approval of any person or body under any enactment or regulation referred to in Schedules 6 7 8
ii: any order, bylaw, or scheme or any other exercise of delegated authority (however described) and made or exercisable under any such enactment or regulation— which, because of the coming into force of this Act, can no longer be exercised or enforced— is a non-complying activity.
5: Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 section 378(1) Section 374(1)﻿(c) replaced 7 July 1993 section 170(1) Resource Management Amendment Act 1993 Section 374(4) replaced 7 July 1993 section 170(2) Resource Management Amendment Act 1993 Section 374(5) inserted 7 July 1993 section 170(2) Resource Management Amendment Act 1993
375: Transitional provisions for public utilities
1: Subject to subsection (2), every district plan or any proposed district plan section 373
a: a rule that each of the following is a permitted activity throughout the district:
i: transformers and lines for conveying electricity at a voltage up to and including 110 KV with a capacity up to and including 100 MVA:
ii: household, commercial, and industrial connections to gas, water, drainage, and sewer pipes:
iii: water and irrigation races, drains, channels, and pipes and necessary incidental equipment:
iv: lines as defined by section 5
v: pipes for the distribution (but not transmission) of natural or manufactured gas at a gauge pressure not exceeding 2 000 kilopascals and necessary incidental equipment, including household connections and compressor stations:
vi: pipes for the conveyance or drainage of water or sewage, and necessary incidental equipment including household connections:
vii: lighthouses, navigational aids, and beacons; and
b: a rule that each of the following is a discretionary activity throughout the district and shall be allowed upon the condition that the territorial authority is satisfied that the proposed location is suitable, namely:
i: transformers and lines for conveying electricity at a voltage exceeding 110 KV and a capacity exceeding 100 MVA:
ii: pipes for the transmission of natural or manufactured gas at a gauge pressure exceeding 2 000 kilopascals and necessary incidental equipment, including compressor stations.
2: The application of this section may be excluded or modified at any time in accordance with Schedule 1
3: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 375(1) amended 7 July 1993 section 171(1) Resource Management Amendment Act 1993 Section 375(1)﻿(a)﻿(iv) replaced 10 August 2005 section 128 Resource Management Amendment Act 2005 Section 375(2) replaced 7 July 1993 section 171(2) Resource Management Amendment Act 1993 Section 375(3) replaced 7 July 1993 section 171(2) Resource Management Amendment Act 1993 Provisions relating to all plans
376: Transitional plans to be notified and available
The regional council or territorial authority of a region or district for which there is deemed to be a plan by virtue of any of sections 368 370 373 section 378
a: as soon as reasonably practicable, publicly notify the fact that as from the date of commencement of this Act the plan became operative and a description of the instruments or schemes whose provisions are included as provisions of that plan, and send a copy of the notice to every person and authority referred to in clause 5
b: keep in accordance with section 35
377: Obligation to review transitional plans
1: A local authority shall review a plan constituted under this Part and, subject to subsection (2), section 79
2: Where the plan includes any provisions of—
a: a district scheme or combined scheme or a maritime planning scheme, section 79 section 79(1) and (2) section 59 or section 109(3) of the Town and Country Planning Act 1977
b: 2 or more district schemes or combined schemes or maritime planning schemes, section 79 section 79(1) and (2) section 59 or section 109(3) of the Town and Country Planning Act 1977
3: Where the plan includes any provisions of a district scheme, combined scheme, maritime planning scheme, or instrument that is deemed to have been completed and made operative under section 378 section 79 section 79(1) and (2) section 378
4: Subsections (1) and (2) are subject to subsection (3).
378: Proceedings in relation to plans
1: Subject to subsection (3), all proposed district schemes, combined schemes, and maritime planning schemes, and all changes and reviews, under the Town and Country Planning Act 1977 Town and Country Planning Act 1977
1A: Notwithstanding subsection (1), any local authority shall take into account the provisions of this Act in relation to any variation publicly notified on or after 28 May 1992.
1B: All variations to which subsection (1) applies, whether or not completed before the commencement of this subsection, are hereby validated and declared to have been lawfully commenced, notwithstanding that they may have been held invalid in any judicial proceedings before the commencement of this subsection.
1C: For the purposes of section 294 Environment Court
2: All proceedings relating to the preparation, amendment, review, or revocation of any instrument referred to in section 368(2)
a: in cases where they have been wholly or partly heard, as if the enactments repealed by this Act continued in force; and
b: in all other cases, as if they had been commenced under this Act which shall apply accordingly,— and all such proceedings, when completed, shall have effect under this Part after they have been completed as if they had been completed before the date of commencement of this Act.
3: Subject to section 427(7) Town and Country Planning Act 1977
4: Any person, who if this Act had not been enacted, had—
a: a right of appeal to the High Court on a question of law; or
b: a right to make any application for review— in respect of any proceedings to which subsection (1) or (2) applies shall continue to have that right, and that right may be exercised as if the enactments repealed by this Act continued in force. Section 378(1) replaced 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1A) inserted 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1B) inserted 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1C) inserted 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1C) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
379: Declarations
Section 310
g: whether provisions of any instrument of a kind referred to in section 368(2) are deemed to constitute provisions of a plan under any of sections 368 and 370, and whether any such provision or any provision of a plan under section 373 is deemed by this Part to be a rule in respect of a permitted activity, a controlled activity, a discretionary activity, or a non-complying activity. Section 379 amended 7 July 1993 section 173 Resource Management Amendment Act 1993 Transitional notices, directions, etc
380: Existing notices which continue in effect
Every notice given under any of the following enactments and that is in force immediately before the date of commencement of this Act shall continue to have effect, and the enactment under which it was given shall continue to apply, as if this Act had not been enacted:
a: section 6 of the Noise Control Act 1982
b: section 77 of the Town and Country Planning Act 1977
c: section 94 of the Town and Country Planning Act 1977
d: section 177 of the Harbours Act 1950
e: section 29A of the Clean Air Act 1972 section 42 of that Act
381: Existing notices deemed to be abatement notices
1: Subject to subsection (2), every notice given under any of the following enactments that is in force (whether or not subject to any appeal) immediately before the date on which this Act commences shall be deemed to be an abatement notice served on a person under section 322
a: sections 24D and 24G of the Water and Soil Conservation Act 1967
b: section 35
2: Any right of appeal against a notice of a kind referred to in subsection (1) that exists at the date of commencement of this Act shall continue after that date as if the enactment giving that right continued in force.
382: Existing direction deemed to be excessive noise direction
Every direction given under section 9(3) of the Noise Control Act 1982 section 327
382A: Return of property seized under Noise Control Act 1982
Any property seized and impounded under the provisions of section 7 or section 11 of the Noise Control Act 1982 section 328 Section 382A inserted 7 July 1993 section 174 Resource Management Amendment Act 1993 Transitional resource consents
383: Existing permissions to become land use consents
Every permission—
a: granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977
b: in force immediately before the date of commencement of this Act— shall be deemed to be a land use consent granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate territorial authority; and the provisions of this Act shall apply accordingly.
383A: Existing permissions to allow use of beds of lakes and rivers
1: Every Order in Council made under section 175 of the Harbours Act 1950 section 178(1)﻿(b) or (2) of that Act section 13
2: Notwithstanding section 13 section 418(3), (3A), (3B), and (3C) section 13
3: Notwithstanding subsection (2), every resource consent deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the consent, at any time within 3 years after the date of commencement of this Act, to apply to the relevant regional council under section 127(1) Section 383A inserted 7 July 1993 section 175 Resource Management Amendment Act 1993
384: Existing permissions to become coastal permits
1: Every—
a: permission granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977
b: licence or permit granted under section 146A or section 156 or section 162 or section 165 of the Harbours Act 1950 section 175 of that Act section 178(1)﻿(b) or (2) of that Act
c: licence, permit, or authority granted under any Act that was, at the time of its enactment, a special Act within the meaning of the Harbours Act 1950 in respect of any area in the coastal marine area, being a permission, licence, permit, or authority in force immediately before the date of commencement of this Act, shall be deemed to be a coastal permit granted under this Act on the same conditions (including those set out in any enactment, whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly.
2: Notwithstanding section 12
a: a permission referred to in subsection (1)﻿(a); or
b: a licence, permit, or approval referred to in subsection (1)﻿(b); or
c: a licence, permit, or authority referred to in subsection (1)﻿(c); or
d: a coastal permit granted by virtue of the operation of any of the provisions of sections 390 390A 390C 393 shall not thereby be authorised to carry out any activity referred to in section 12
3: Notwithstanding subsection (2), every coastal permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time until the proposed regional coastal plan is notified, to apply to the relevant regional council under section 127(1)
4: Notwithstanding section 127
5: This section applies subject to section 12 Section 384 replaced 7 July 1993 section 176 Resource Management Amendment Act 1993 Section 384(5) inserted 1 January 2005 section 21 Resource Management Amendment Act (No 2) 2004
384A: Right of port companies to occupy coastal marine area
1: Every port company which considers that—
a: it had, on 30 September 1991, a right to occupy the coastal marine area adjacent to any port related commercial undertaking; and
b: such occupation is required for any purpose associated with the operation and management of that undertaking— may, in consultation with the appropriate regional council, prepare a draft coastal permit to authorise that occupation.
2: Every such draft coastal permit shall state that it is to expire on the 30 September 2026 or such earlier date as the port company specifies.
3: Every such draft coastal permit shall identify the location to which it relates; and may identify the location by a plan attached to the draft permit.
4: The draft permit and any plan shall be forwarded to the Minister of Transport, along with written notice of any disagreements between the port company and regional council, and submissions by the port company and regional council on the disagreements, before 30 November 1993.
5: The Minister of Transport shall consider—
a: the draft permit; and
b: any disagreements; and
c: the port company plan approved or determined under section 22
d: any other matter the Minister considers appropriate— to determine the extent to which a coastal permit authorising occupation is required to enable the port company to manage and operate the port related commercial undertakings acquired under the Port Companies Act 1988
6: Before making any determination under subsection (5), the Minister of Transport shall consult with the Minister of Conservation, the appropriate regional council, any territorial authority having jurisdiction in the area adjacent to the coastal marine area concerned, and the port company.
7: The Minister of Transport shall approve the draft coastal permit and any plan, with or without modification, but the proposed expiry date shall not be altered.
8: The Minister of Transport's decision, which shall be a coastal permit, shall be sent to the Minister of Conservation, the appropriate regional council, territorial authority, and port company before 31 March 1994; and that decision shall be final unless an application for review under the Judicial Review Procedure Act 2016
9: The appropriate regional council shall ensure that a record of the coastal permit, as decided by the Minister of Transport, is available to the public as required under section 35
10: Where—
a: a regional council receives an application from any person, except a port company; and
b: that application is for a coastal permit to occupy part of the coastal marine area which may be all or part of any area which a port company may have a right to occupy; and
c: the written consent of the port company to the granting of the permit has not been obtained; and
d: the Minister of Transport has not sent the regional council a decision on a coastal permit under subsection (8) relating to all or part of the area to which the application relates— the consent authority shall, notwithstanding any other provision, adjourn any consideration or hearing of the application until the Minister of Transport has sent his or her decision: provided that, where the application is made by a person who owns or has an interest in land immediately adjacent to the coastal marine area sought to be occupied, the application shall not be adjourned but shall in all cases be publicly notified.
11: For the purposes of this section— port company port related commercial undertaking section 2(1)
12: For the purposes of this Act, the consent authority for any coastal permit approved under this section is the regional council whose consent, but for this section, would normally be required. Section 384A inserted 7 July 1993 section 177 Resource Management Amendment Act 1993 Section 384A(8) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 384A(11) occupy repealed 1 January 2005 section 22 Resource Management Amendment Act (No 2) 2004 Section 384A(12) inserted 2 September 1996 section 20 Resource Management Amendment Act 1996
385: Existing clean air permissions to become discharge permits
1: Every permission granted under—
a: section 25 of the Clean Air Act 1972
b: section 31 of that Act (or the corresponding provisions of any former enactment) that is in force immediately before the date of commencement of this Act shall be deemed to be a discharge permit granted under this Act on the same conditions (including those set in any enactment whether or not repealed by this Act) by the appropriate consent authority, and the provisions of this Act shall apply accordingly.
2: Without limiting subsection (1), every permission to which subsection (1) applies shall be deemed to include, as conditions of the permission, sections 25(7), 26(8), and 31 of the Clean Air Act 1972
3: Notwithstanding section 15
a: subsection (1)﻿(a) does not authorise any person to do anything referred to in section 15
i: is also authorised by a discharge permit deemed to be granted by subsection (1)﻿(b) or by virtue of the operation of section 391 or section 391A
ii: immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)﻿(b):
b: subsection (1)﻿(b) does not authorise any person to do anything referred to in section 15
i: is also authorised by a discharge permit deemed to be granted by subsection (1)﻿(a) or by virtue of the operation of section 391 section 391A
ii: immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)﻿(a).
4: Notwithstanding subsection (2), every discharge permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act or until the date of expiry of the permit, whichever first occurs, to apply to the relevant regional council under section 127(1)
5: The date of expiry of any discharge permit deemed to be granted by subsection (1) shall be 1 year after the date on which the permission would have expired if this Act had not been passed. Section 385(2) replaced 7 July 1993 section 178(1) Resource Management Amendment Act 1993 Section 385(3)﻿(a)﻿(i) amended 7 July 1993 section 178(2) Resource Management Amendment Act 1993 Section 385(3)﻿(b)﻿(i) amended 7 July 1993 section 178(2) Resource Management Amendment Act 1993
386: Existing rights and authorities under Water and Soil Conservation Act 1967
1: Except as provided in subsections (2) to (7),—
a: every right—
i: granted under section 21(3) of the Water and Soil Conservation Act 1967
ii: deemed to be so granted by virtue of section 58(1) of the Water and Soil Conservation Amendment Act 1988
iii: referred to in subparagraph (vii) (in this section called an existing right
b: every authority under section 21(2) or section 21(2A) of the Water and Soil Conservation Act 1967 existing authority
c: every right—
i: referred to in section 21(1) of that Act
ii: expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954
iii: referred to in subparagraphs (vi) or (viii) of section 365(d) ; or
iv: deemed to be granted under section 21(3) of the Water and Soil Conservation Act 1967 section 25(2)﻿(d) of the Water and Soil Conservation Amendment Act (No 2) 1971 (in this section called an existing authority that is in force immediately before the date of commencement of this Act shall be deemed to be—
d: a coastal permit, where it relates to a coastal marine area; or
e: where it does not relate to a coastal marine area—
i: a water permit, if it authorises something that would otherwise contravene section 14
ii: a discharge permit, if it authorises something that would otherwise contravene section 15 granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly.
2: Where a permit resulting from an existing right would, but for this subsection, not expire by the 35th anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the 35th anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.
3: Where a permit resulting from an existing authority would, but for this subsection, not expire by the tenth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the tenth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.
4: No enforcement order may be made under section 319 section 316
5: No permit resulting from an existing authority shall be transferable from site to site.
6: The holder of a permit resulting from an existing authority may, in order to replace that permit, apply at any time under Part 6
7: Notwithstanding section 14(3)﻿(a)
a: does not authorise any person to take or use such geothermal water except where such taking or use is also authorised by—
i: a water permit or coastal permit deemed to be granted by virtue of section 387
ii: a water permit or coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953 section 389
b: notwithstanding paragraph (a), shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act, to apply to the consent authority under section 127(1) Geothermal Energy Act 1953
8: Nothing in this section applies in respect of any mining privilege within the meaning of section 413(1) Section 386(1)﻿(a)﻿(iii) amended 7 July 1993 section 179(1) Resource Management Amendment Act 1993 Section 386(1)﻿(c)﻿(iii) amended 7 July 1993 section 179(2) Resource Management Amendment Act 1993 Section 386(1)﻿(c)﻿(iv) inserted 7 July 1993 section 179(3) Resource Management Amendment Act 1993 Section 386(2) replaced 7 July 1993 section 179(4) Resource Management Amendment Act 1993 Section 386(3) replaced 7 July 1993 section 179(4) Resource Management Amendment Act 1993
387: Existing geothermal licences and authorisations deemed to be water permits
1: Every licence under the Geothermal Energy Act 1953 section 11 of that Act Geothermal Energy Act 1953
a: within the coastal marine area, be deemed to be a coastal permit; and
b: in every other case, be deemed to be a water permit— granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked) by the appropriate consent authority, and the provisions of this Act shall apply accordingly.
2: Notwithstanding section 14(3)﻿(a) Part 6 section 386
3: Subject to subsection (2), where, for the purpose of taking or using geothermal water, a person holds—
a: a permit referred to in subsection (1) or a water permit or a coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953 section 389
b: a water permit or coastal permit granted under Part 6 section 386 then the total amount of geothermal water which the holder of those permits shall be entitled to take or use pursuant to those permits shall be the lesser of the amounts specified in the respective permits.
4: From the date of commencement of this Act, the persons specified below shall be responsible for exercising any functions, powers, and duties in respect of the following conditions of, or provisions of the Geothermal Energy Act 1953 section 389 Geothermal Energy Act 1953 section 386(7)﻿(b)
a: conditions or provisions concerning occupational safety or health, the Minister of Energy:
aa: refund or remission of rentals, the Minister:
b: all other conditions and provisions, the consent authority concerned.
5: Clause 15(2) to (6) of Schedule 1
6: Where a permit resulting from a licence under the Geothermal Energy Act 1953
7: Where a permit resulting from a power or authorisation under section 11 of the Geothermal Energy Act 1953 Section 387(1) amended 7 July 1993 section 180(1) Resource Management Amendment Act 1993 Section 387(4)﻿(aa) inserted 2 September 1996 section 21 Resource Management Amendment Act 1996 Section 387(5) replaced 1 October 1991 Crown Minerals Amendment Act 1991 Section 387(5) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 387(6) inserted 7 July 1993 section 180(2) Resource Management Amendment Act 1993 Section 387(7) inserted 7 July 1993 section 180(2) Resource Management Amendment Act 1993
388: Requirement to supply information
1: Every person who exercises a resource consent that is deemed to be granted under any of sections 384(1)﻿(b) 385 386 387 413
2: The purpose for which information may be required under subsection (1) is to enable the consent authority to properly manage the resource affected by any such activity.
389: Existing applications
1: Where—
a: an application had been made, before the date of commencement of this Act, for—
i: a permission (other than a permission referred to in subsection (2)); or
ii: a licence or permit under any of sections 146A, 156, 162, and section 165 of the Harbours Act 1950
b: the application had not been granted, declined, or withdrawn before the date of commencement of this Act; and
c: if the permission, licence, or permit had been granted before the date of commencement of this Act it would have become a resource consent under any of sections 383 to 387 the application shall be deemed, for the purposes of section 88 sections 390 390A 390B 390C
2: This section shall not apply to any of the following:
a: an application for approval of a scheme plan of subdivision (to which section 404
b: an application for an Order in Council to reclaim land or to carry out harbour works (to which section 393
c: an application for an approval or a licence within the meaning of the Clean Air Act 1972 sections 391 391A
d: an application for a lease or licence Marine Farming Act 1971 section 397 Section 389 replaced 7 July 1993 section 181 Resource Management Amendment Act 1993
390: Application being heard
1: In any case where, in accordance with the enactment under which the application for a permission under section 389(1)
2: Where the effect of any determination under this section is that the permission, licence, or permit is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly. Section 390 replaced 7 July 1993 section 181 Resource Management Amendment Act 1993
390A: Appeals
1: All appeals to the Environment Court section 389(1)﻿(a)﻿(i) Environment Court
2: Where any applicant or other person had a right of appeal to the Environment Court
a: in any case where a determination of an application for a permission of a kind described in section 389(1)﻿(a)﻿(i)
b: in respect of a determination made under section 390 section 389(1)﻿(a)﻿(i) the applicant or other person may, notwithstanding the repeal or amendment of any enactment by this Act, continue to exercise that right; and any such appeal shall be continued and completed as if the relevant enactment so repealed or amended continued in force or continued in force without amendment, as the case may be.
3: Any person who, if this Act had not been enacted, had—
a: a right of appeal on any question of law; or
b: a right to make an application for review— in respect of any determination of any application or of the determination of any appeal, to which this section or section 389(1)﻿(a)﻿(i)
4: Where the effect of any determination made under this section is that the permission is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly.
5: For the purposes of this section, the term right of appeal Section 390A inserted 7 July 1993 section 181 Resource Management Amendment Act 1993 Section 390A(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 390A(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
390B: Date on which application deemed to be made
1: Except as provided in section 390 section 389 section 390A
a: on the date of commencement of this Act, where the person who is empowered to decide the application by the enactment under which the application was made remains the relevant consent authority; or
b: without limiting section 399
2: Where, in respect of any application to which section 389(1) Section 390B inserted 7 July 1993 section 181 Resource Management Amendment Act 1993
390C: Dealing with applications for permissions
1: Where an application to which section 389(1)
a: the application shall not be notified under sections 95 to 95G
b: any objection or submission in respect of the application that has been or is made in accordance with that public notification or advertisement, and which has not been withdrawn, shall be deemed to be a submission made under section 96 but otherwise the provisions of this Act shall apply in respect of the application.
2: Where the enactment under which the application to which section 389(1) notified under sections 95 to 95G
3: The granting or declining of an application to which section 389(1)
a: constitutes the granting or declining of a resource consent of the appropriate kind under this Act, notwithstanding that all the requirements of this Act in relation to the application for, and determination of, resource consents may not have been complied with; and
b: may be appealed against in accordance with this Act. Section 390C inserted 7 July 1993 section 181 Resource Management Amendment Act 1993 Section 390C(1)﻿(a) amended 4 September 2013 section 63 Resource Management Amendment Act 2013 Section 390C(1)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 390C(2) amended 4 September 2013 section 63 Resource Management Amendment Act 2013 Section 390C(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
390D: Timing for renewals
1: Where the holder of a permission, licence, permit, or order referred to in either section 389(1) section 389(2) approval section 124
2: Notwithstanding any other provision of this Act, for the purposes of subsection (1) the date of application shall be the date on which the application was lodged with the then appropriate consent authority, and not the date on which it was received by the relevant consent authority under this Act. Section 390D inserted 7 July 1993 section 181 Resource Management Amendment Act 1993
391: Applications for licences and approvals under Clean Air Act 1972
1: Where, before the date of commencement of this Act, an application has been made for—
a: a licence within the meaning of the Clean Air Act 1972
b: an approval under section 31 of that Act and the application has not been granted, declined, or withdrawn before that date, the licensing authority shall, as soon as reasonably practicable, decide whether the application is to be dealt with after that date—
c: by the licensing authority, in accordance with the Clean Air Act 1972
d: by the licensing authority, in accordance with the Clean Air Act 1972 section 104
e: by the appropriate consent authority, in accordance with this Act, as if the application had been made under this Act— and any such decision shall be final and not subject to appeal to, or review by, any court or the Environment Court
2: When making a decision for the purposes of subsection (1), the licensing authority shall have regard to—
a: the progress made in consideration of the application; and
b: any representations (whether written or not) made to the authority by the applicant and any other person as to the appropriate manner of dealing with the application— and shall also ensure that written notice of the decision and anything that the applicant is required to do as a result of the decision is served, as soon as reasonably practicable after the decision is made, on every person (including the applicant) whom the licensing authority considers should receive notice.
3: Where the licensing authority decides that the application should be dealt with in accordance with subsection (1)﻿(e), the licensing authority shall as soon as reasonably practicable refer the application, and all information relevant to it, to the relevant consent authority and, for the purposes of section 88
4: The granting of an application to which subsection (1) applies in accordance with this section—
a: constitutes the granting of a discharge permit under this Act, notwithstanding that all requirements of this Act in relation to applications for, and granting of, discharge permits may not have been complied with; and
b: may be appealed against in accordance with this Act accordingly.
5: A person who, if this Act had not been enacted, had—
a: a right of appeal; or
b: a right to make any application for review— in respect of any application to which subsection (1) applies or any decision thereon may continue to exercise that right.
6: In this section, licensing authority section 2(1) of the Clean Air Act 1972 Section 391(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
391A: Resource consents following approval under Clean Air Act 1972
1: Where—
a: before the date of commencement of this Act, any person has obtained an approval under section 31 of the Clean Air Act 1972 section 25 of the Clean Air Act 1972
b: that person makes an application for a resource consent to discharge any contaminant into air from those premises— then the consent authority may grant a discharge permit to the approval holder under the provisions of subsection (2) if the consent authority is satisfied that—
c: the plant and equipment has been installed within the scheduled premises in accordance with the approval; and
d: the conditions proposed in the approval as to the construction of the plant and equipment have all been met by the applicant; and
e: the approval is subject to conditions of operation; and
f: every local authority affected by an application to which subsection (2) applies has received at least 10 working days' opportunity to comment on or seek variation to any of those conditions, and that such local authorities have not sought any variation to the conditions of approval within that time; and
g: the conditions of operation contained in the approval are appropriate and adequate.
2: Where the provisions of subsection (1) are satisfied, the consent authority shall determine the application in accordance with the following provisions:
a: the application shall not be notified under sections 95 to 95G
b: the consent authority shall not hold a hearing in terms of section 100
c: any discharge permit granted under this section shall expire 1 year after the date on which it commences; and
d: in all other respects the application shall be determined by the consent authority in accordance with the provisions of this Act. Section 391A inserted 7 July 1993 section 182 Resource Management Amendment Act 1993 Section 391A(2)﻿(a) amended 4 September 2013 section 64 Resource Management Amendment Act 2013 Section 391A(2)﻿(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
392: Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
Section 392 expired 1 October 1994
393: Applications for Orders in Council to reclaim land and approval for harbour works
1: Where, before the date of commencement of this Act, an application has been made under the Harbours Act 1950
a: for an Order in Council under section 175(2) or section 175(3) of that Act section 175 of that Act
b: for approval under section 178(1)﻿(b) or (2) then the application shall be deemed to be an application for a coastal permit for such reclamation or harbour works and—
c: the Minister or Ministers shall as soon as practicable—
i: endorse on every such application the date on which it was made; and
ii: refer every such application and all information relevant to it to the relevant regional council; and
d: for the purposes of this Act (but without limiting section 399
e: in the case of an application for approval to carry out harbour works in respect of which—
i: an Order in Council under section 175(2) or section 175(3) of the Harbours Act 1950
ii: before the date of commencement of this Act, under section 33 or section 102A or section 110 of the Town and Country Planning Act 1977
iii: the harbour works the subject of the application are, at the date of commencement of this Act, a permitted use under the provisions of any operative maritime planning scheme under the Town and Country Planning Act 1977 the application shall not be notified under sections 95 to 95G
f: notwithstanding paragraph (e), where the harbour works the subject of any such application are a restricted coastal activity (including a restricted coastal activity the subject of a direction in accordance with section 372 sections 117 to 119A
2: The granting of an application to which subsection (1) applies in accordance with this section—
a: constitutes the granting of a resource consent of the appropriate kind under this Act notwithstanding that all requirements of this Act in relation to applications for, and the granting of, resource consents may not have been complied with; and
b: may be appealed against in accordance with this Act accordingly.
3: A person who, if this Act had not been enacted, had—
a: a right of appeal; or
b: a right to make any application for review— in respect of any application to which subsection (1) applies or any decision thereon may continue to exercise that right.
4: Where, before the date of commencement of this Act,—
a: the Governor-General had authorised the reclamation of land by Order in Council under section 175(2) or (3) of the Harbours Act 1950
b: the Chief Surveyor had approved the survey plan as referred to in section 175B(4) of the Harbours Act 1950 then, notwithstanding anything in this Act, the Governor-General may vest the land in the grantee of the authority to reclaim (or any successor), by Order in Council under the Harbours Act 1950 Section 393(1)﻿(b) amended 7 July 1993 section 184(1) Resource Management Amendment Act 1993 Section 393(1)﻿(e) replaced 7 July 1993 section 184(2) Resource Management Amendment Act 1993 Section 393(1)﻿(e) amended 4 September 2013 section 65 Resource Management Amendment Act 2013 Section 393(1)﻿(e) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 393(1)﻿(f) inserted 7 July 1993 section 184(2) Resource Management Amendment Act 1993 Section 393(4) inserted 7 July 1993 section 184(3) Resource Management Amendment Act 1993
394: Transitional provisions relating to setting aside of esplanade reserves on reclamation
Section 394 repealed 7 July 1993 section 185 Resource Management Amendment Act 1993
395: Applications for works, etc, in coastal marine area
Section 395 repealed 1 October 2009 section 148 Resource Management (Simplifying and Streamlining) Amendment Act 2009
396: Applications for marine farming in coastal marine area
Section 396 repealed 1 January 2005 section 23 Resource Management Amendment Act (No 2) 2004
396A: Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
Section 396A repealed 1 January 2005 section 24 Resource Management Amendment Act (No 2) 2004
396B: Notification of rule change affecting marine farming
Section 396B repealed 1 January 2005 section 25 Resource Management Amendment Act (No 2) 2004
397: Existing applications for marine farming leases
Section 397 repealed 1 January 2005 section 26 Resource Management Amendment Act (No 2) 2004
398: Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries
Section 398 repealed 1 January 2005 section 27 Resource Management Amendment Act (No 2) 2004
399: Applications received on same day
Where—
a: in accordance with section 390B(2) section 393(1)﻿(c)﻿(ii) section 397(2)﻿(b)
b: those applications do not relate to the same proposal and were not made by the same person; and
c: the granting of one of those applications would mean that it would be likely that any other of those applications would not be granted or, if granted, would be granted on conditions that would not otherwise be imposed and which would be less favourable to the interests of the relevant applicant— the consent authority shall process and determine those applications under this Act in a sequence commencing with the application which, in accordance with any of those provisions, is endorsed with the earliest date, and ending with the application so endorsed with the latest date, and this Act shall apply accordingly. Section 399(a) amended 7 July 1993 section 190 Resource Management Amendment Act 1993
400: Applications under Marine Farming Act 1971 for prohibited anchorages, etc
1: Where, immediately before the date of commencement of this Act, an application has been made under section 28(1) of the Marine Farming Act 1971
a: the application shall be determined under the Marine Farming Act 1971
b: if the controlling authority grants the application, then notwithstanding the repeal of section 28 of that Act
2: Where, immediately before the date of commencement of this Act, any part of a lease or licence under the Marine Farming Act 1971 section 28(4) of that Act section 28 of that Act section 28
3: After the date of commencement of this Act, those functions that were exercisable by a controlling authority under section 28(5) of the Marine Farming Act 1971
401: Conditions of deemed resource consents
Where the conditions of any permission that is deemed to be a resource consent by virtue of any of sections 383 to 387 section 413
401A: Transitional coastal occupation charges
1: Where a person is occupying the coastal marine area, either as a holder of a resource consent or as a result of permitted activity in a plan, there is implied a condition that that person must, from the commencement of this section until a regional coastal plan or plan change is operative which contains either a charging regime or a statement to the effect that no regime may be introduced or 30 June 2007 section 360(1)﻿(c)
2: Any money received by the regional council under subsection (1) may be used only for the purpose of promoting the sustainable management of the coastal marine area.
3: Where a regional council prepares or changes a regional coastal plan or proposed regional coastal plan in the period from the commencement of this section until the expiry date section 64A
4: Where no provision for coastal occupation charges has been made in a regional coastal plan or proposed regional coastal plan by the expiry date on or after the expiry date section 64A
5: In this section, expiry date section 59 Section 401A inserted 17 December 1997 section 62 Resource Management Amendment Act 1997 Section 401A(1) amended 1 January 2005 section 28(1) Resource Management Amendment Act (No 2) 2004 Section 401A(3) amended 1 October 2011 section 59(1) Resource Management Amendment Act (No 2) 2011 Section 401A(4) amended 1 October 2011 section 59(2)﻿(a) Resource Management Amendment Act (No 2) 2011 Section 401A(4) amended 1 October 2011 section 59(2)﻿(b) Resource Management Amendment Act (No 2) 2011 Section 401A(5) inserted 1 October 2011 section 59(3) Resource Management Amendment Act (No 2) 2011
401B: Obligation to pay coastal occupation charge deemed condition of consent
In every coastal permit that—
a: authorises the holder to occupy any part of the common marine and coastal area; and
b: was granted in the period commencing on 1 October 1991 and ending on the date a regional coastal plan containing provisions in accordance with section 64A there is implied a condition that the holder must at all times throughout the period of the permit pay to the relevant regional council any sum of money required to be paid (if any) by that regional coastal plan. Section 401B inserted 17 December 1997 section 62 Resource Management Amendment Act 1997 Section 401B(a) replaced 19 April 2017 section 117 Resource Legislation Amendment Act 2017 Subdivision and development
402: Existing subdivision approvals
1: Nothing in section 11 Part 10
a: an approval under section 279
b: an approval under section 305
2: Parts 20 21
3: For the purposes of subsection (1), an approval under section 279
a: that there exists a right of objection under section 299 section 300 section 301
b: that any such right of objection or that any such right of appeal has been exercised by any person.
403: Existing objections and appeals in relation to subdivisions
1: Nothing in section 11 Part 10
a: the territorial authority has refused to approve a scheme plan of subdivision under sections 274 279(1)﻿(f)
b: a right of objection under section 299 section 300
2: Parts 20 21
404: Existing applications for approval
Where an application for approval of a scheme plan of subdivision has been made under section 275 section 279
a: to be an application for a subdivision consent under this Act and shall be dealt with accordingly; and
b: to have been received by the territorial authority on the date of commencement of this Act.
405: Transitional provisions for subdivisions
1: For the purpose of subsections (2) and (3), the term district plan section 373 Town and Country Planning Act 1977
2: Notwithstanding anything in section 374(3) or (4)
a: every subdivision of land that is contrary to the provisions of the district plan shall be deemed to be a non-complying activity in respect of that plan; and
b: every subdivision of land which is subject to a discretion contained in the provisions of that district plan relating to the approval or refusal of a subdivision of land is deemed to be a discretionary activity in respect of that plan; and
c: every other subdivision of land shall be deemed to be a controlled activity in respect of that plan.
3: Notwithstanding the provisions of subsection (2) or any provisions in a district plan, a subdivision of land to be effected by a grant of a cross lease or a company lease, or by the deposit of a unit plan, is deemed—
a: to be a controlled activity in respect of a district plan—
i: if the building or part of a building in respect of which the cross lease or company lease is to be granted; or
ii: if the units on the unit plan to be deposited— is or are intended to be used solely or principally for residential or commercial or industrial purposes, or any 2 or more such purposes; and
b: to be a non-complying activity in respect of a district plan in every other case.
4: The application of this section may be excluded or modified at any time in accordance with Schedule 1
5: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 405 replaced 7 July 1993 section 191 Resource Management Amendment Act 1993
405A: Transitional provisions for esplanade reserves where land subdivided or road stopped
1: Subject to subsections (3) and (4) and with the consent of the Minister of Conservation, on any road stopped under the Local Government Act 1974 in respect of any allotment of less than 4 hectares, a territorial authority may impose a condition
a: the esplanade reserve required to be set aside under section 230 section 345(3)
b: section 230 section 345(3)
c: that, instead of an esplanade reserve, an esplanade strip of any width specified may be created under section 232
2: On every application for a subdivision consent, a territorial authority shall consider the purposes of esplanade reserves and esplanade strips in section 229 section 230
3: Before including a condition described in subsection (1)﻿(a) for a reduction in width in a subdivision consent, the territorial authority shall be satisfied that the value of the esplanade reserve, in terms of the purposes specified in section 229
4: Before including a condition described in subsection (1)﻿(b) in a subdivision consent, the territorial authority shall be satisfied that—
a: notwithstanding section 229
b: the land has little or no value in terms of the purposes specified in section 229
c: any value the land has in terms of the purposes specified in section 229
5: The provisions of Part 10
6: Any declaration or decision under section 289(7) section 77
7: Where any action taken pursuant to a declaration or decision which is deemed to be a district rule under subsection (6) was taken before the commencement of this subsection, that action is hereby validated and declared to have been lawfully carried out.
8: The application of this section may be excluded or modified at any time in accordance with Schedule 1
9: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 405A inserted 7 July 1993 section 191 Resource Management Amendment Act 1993 Section 405A(1) amended 17 December 1997 section 63 Resource Management Amendment Act 1997
406: Grounds of refusal of subdivision consent
1: Notwithstanding anything to the contrary in Parts 6 10
a: may refuse to grant
i: the land in respect of which the subdivision is proposed is not suitable; or
ii: the proposed subdivision would not be in the public interest:
b: may refuse to grant a subdivision consent if in the case of any allotment in respect of which a subdivision consent is sought, adequate provision has not been made or is not practicable—
i: for stormwater drainage; or
ii: for the disposal of sewage; or
iii: except in the case of any allotment to be used solely or principally for rural purposes, for the supply of water or electricity.
2: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 406(1)﻿(a) amended 1 August 2003 section 91 Resource Management Amendment Act 2003 Section 406(2) inserted 7 July 1993 section 192 Resource Management Amendment Act 1993
407: Subdivision consent conditions
1: Where an application for a subdivision consent is made in respect of land for which there is no district plan, or where the district plan does not include relevant provisions of the kind contemplated by section 108(2)﻿(a) 220(1)﻿(a) sections 283 285 286 291 321A 322
2: For the purposes of subsection (1), every reference in sections 283 285 286 291 321A 322
a: to an application for the approval of a scheme plan, shall be deemed to be a reference to an application for a resource consent; and
b: to an allotment on a scheme plan, shall be deemed to be a reference to the allotments in respect of which a subdivision consent is sought.
3: Notwithstanding the limitation on the imposition of conditions in section 105(1) section 405 sections 108 220
4: This section applies to applications for subdivision consent in respect of every kind of subdivision of land within the meaning of section 218(1)
5: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 407(1) amended 17 December 1997 section 64 Resource Management Amendment Act 1997 Section 407(3) inserted 7 July 1993 section 193 Resource Management Amendment Act 1993 Section 407(4) inserted 7 July 1993 section 193 Resource Management Amendment Act 1993 Section 407(5) inserted 7 July 1993 section 193 Resource Management Amendment Act 1993
408: Existing approvals for unit plans, cross lease plans, and company lease plans
1: Nothing in section 11 Part 10
a: to the deposit of a unit plan, or to the issue of a record of title section 32(2)﻿(a)
b: to the deposit of a plan to give effect to the registration of a cross lease, or to the issue of a record of title section 314
c: to the deposit of a plan to give effect to the grant of a company lease, or to the registration or issue of a record of title
2: Nothing in section 224(f) Section 408(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 408(1)﻿(a) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 408(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 408(1)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 408(2) inserted 1 July 1992 Building Act 1991
409: Financial contributions for developments
1: Subject to section 410 section 108(2)﻿(a)
a: any condition described in any of sections 283 289 291 292 321A 322 section 281 section 294B
b: any requirement that could have been imposed in respect of a development under section 294
2: For the purposes of subsection (1)—
a: every reference in sections 283 289 291 292 321A 322
i: to an application for the approval of a scheme plan, shall be deemed to be a reference to an application for a resource consent; and
ii: to the approval of a scheme plan, shall be deemed to be a reference to a grant of a resource consent; and
b: every reference in section 294 section 293
2A: For the purposes of subsection (1)﻿(b), section 294 section 294(1) of that Act and the assessed value of the development is not in excess of $50 million
3: For the purposes of this section and sections 410 411 development section 271A
4: Where a district plan or proposed district plan has been deemed to be constituted by section 373 section 374(3)﻿(a) notified under sections 95 to 95G
5: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 409(1) amended 17 December 1997 section 65 Resource Management Amendment Act 1997 Section 409(2A) inserted 7 July 1993 section 194(1) Resource Management Amendment Act 1993 Section 409(4) inserted 7 July 1993 section 194(2) Resource Management Amendment Act 1993 Section 409(4) amended 4 September 2013 section 66 Resource Management Amendment Act 2013 Section 409(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 409(5) inserted 7 July 1993 section 194(2) Resource Management Amendment Act 1993
410: Existing developments
Parts 20 21 section 293(1)
411: Restriction on imposition of conditions as to financial contributions
1: A consent authority shall not impose a condition of the type contemplated by section 108(2)﻿(a) section 270
2: Where financial contributions under Part 20 21 section 223F Section 411(1) amended 17 December 1997 section 66 Resource Management Amendment Act 1997 Section 411(2) inserted 7 July 1993 section 195 Resource Management Amendment Act 1993
412: Expiry of certain sections
Section 412 repealed 7 July 1993 section 196 Resource Management Amendment Act 1993 Current mining privileges relating to water
413: Current mining privileges to become deemed permits
1: Except as provided in subsections (2) to (10), every—
a: current mining privilege within the meaning of section 2 of the Water and Soil Conservation Amendment Act 1971
b: right granted or authorised under the Water and Soil Conservation Act 1967 that is in force immediately before the date of commencement of this Act (in this section and in sections 414 to 417 mining privilege
c: a water permit, if it authorises something that would otherwise contravene section 14
d: a discharge permit, if it authorises something that would otherwise contravene section 15 or
e: a permit that confers on its holder rights over land in respect of which the holder is not the owner,— granted by the appropriate consent authority under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act) and the provisions of this Act (other than sections 128 to 133 deemed permit sections 414 to 417
2: Without limiting subsection (1), every deemed permit resulting from a mining privilege shall be deemed to include, as conditions of the permit, such of the provisions of sections 4 to 19(1) and (5)
3: Every deemed permit resulting from a mining privilege under subsection (1)﻿(c) or (d)
3A: Subject to subsection (3), sections 19(4) and 23(1)﻿(b) of the Water and Soil Conservation Amendment Act 1971
4: Sections 12 and 30 to 32 of the Water and Soil Conservation Amendment Act 1971
a: that Act had not been repealed; and
b: those permits were still current mining privileges under that Act; and
c: every reference to the Board were a reference to the appropriate regional council.
5: Notwithstanding section 122
a: subject to sections 136 137
b: no dealing or disposition of a kind referred to in paragraph (a) shall have effect until written notice of the dealing or disposition is received by the appropriate regional council.
6: No enforcement order may be made under section 319 section 316
a: the relevant regional council; or
b: a Minister of the Crown.
7: The holder of a deemed permit may, in order to replace that permit, apply at any time under Part 6
8: Subject to subsection (9), the holder of a deemed permit may transfer the holder's interest in the permit in accordance with sections 136 137
9: The following provisions apply to a permit that is deemed by subsection (1)﻿(c) to be a water permit:
a: notwithstanding section 136(2)﻿(b)﻿(i) section 136(4)
b: notwithstanding anything to the contrary in section 136(5)
i: shall be subject to section 122
ii: shall be subject to sections 128 to 132
iii: shall only be transferable in accordance with section 136
c: in addition to the matters set out in section 136(4)﻿(b)
d: for the purposes of this subsection, the term transfer section 136 transferred transferable
10: Section 18 of the Water and Soil Conservation Amendment Act 1971 Section 413(1)﻿(d) amended 7 July 1993 section 197(1) Resource Management Amendment Act 1993 Section 413(1)﻿(e) inserted 7 July 1993 section 197(2) Resource Management Amendment Act 1993 Section 413(2) amended 7 July 1993 section 197(3)﻿(a) Resource Management Amendment Act 1993 Section 413(2) amended 7 July 1993 section 197(3)﻿(b) Resource Management Amendment Act 1993 Section 413(3) amended 7 July 1993 section 197(4) Resource Management Amendment Act 1993 Section 413(3A) inserted 7 July 1993 section 197(5) Resource Management Amendment Act 1993 Section 413(9)﻿(c) replaced 7 July 1993 section 197(6) Resource Management Amendment Act 1993 Section 413(9)﻿(d) inserted 7 July 1993 section 197(6) Resource Management Amendment Act 1993
414: Deemed permits to be subject to regional rules
1: A regional council may, in accordance with section 65
a: restricting the amount of water which the holder of a particular deemed permit may—
i: take, use, dam, or divert; or
ii: discharge, or discharge a contaminant into; or
b: prohibiting the holder of a particular deemed permit from—
i: taking, using, damming, or diverting water; or
ii: discharging water, or a contaminant into water,— if—
c: the holder of that deemed permit is—
i: the relevant regional council; or
ii: a person who requests the regional council to include such a rule in a plan; and
d: that deemed permit is to be surrendered when the plan including the rule becomes operative; and
e: the regional council is satisfied that the effect of the rule on the exercise of the rights given by every other deemed permit will not exceed the effect that exercising to the full the rights given by the particular deemed permit that is to be surrendered would otherwise have had.
2: Subsection (1) applies—
a: notwithstanding any other provisions of this Act; and
b: notwithstanding the conditions of the deemed permit which will be surrendered once the plan including the rule becomes operative.
3: If a rule of the kind referred to in subsection (1) is included in a plan, the deemed permit shall be deemed to have been surrendered on the day on which the rule becomes operative, notwithstanding any other enactment or rule of law.
4: Notwithstanding sections 65(5) 79(3)
5: For the purposes of subsection (4), the period commences on the date on which the plan including the rule becomes operative and ends with the date on which the deemed permit would have expired if it were not surrendered, which end date shall be specified in the plan.
6: Every regional council shall—
a: when giving public notice, in accordance with Schedule 1
b: serve on each holder of a deemed permit which will be affected by the rule if it becomes operative, a notice—
i: identifying the deemed permit which will be surrendered once the plan including the rule becomes operative; and
ii: stating the proposed rule and the effect of the rule and this section on the holder's permit; and
iii: stating the effect of section 416
7: In this section, deemed permit
415: Acquisition of deemed permits
1: Notwithstanding sections 136 137
a: as a public work under the Public Works Act 1981
b: by agreement or otherwise.
2: Notwithstanding section 413(9)﻿(b)﻿(i) Public Works Act 1981 section 416(4)
416: Compensation
1: No compensation may be claimed for any loss, damage, or injurious affection resulting from the operation of any of subsections (1) to (7) of section 413
2: Notwithstanding section 85
a: taken or acquired in whole or in part under section 415
b: whose estate or interest in land is injuriously affected by, or who suffers any damage resulting from, a regional rule of the kind referred to in section 414 shall be entitled to compensation from the regional council for such taking, acquisition, injurious affection, or damage.
3: When determining for the purposes of subsection (2)﻿(b) the amount of any loss, damage, or injurious affection suffered by a holder of a deemed permit, the entitlement of a holder of any other deemed permit that is surrendered at the time the rule becomes operative shall be regarded as being used in full throughout the remainder of the duration of the first-mentioned permit.
4: Except as provided in subsection (3),—
a: claims for compensation under this section or under section 415 Public Works Act 1981
b: when determining the amount of compensation payable under the Public Works Act 1981
i: for the purposes of section 62 section 414
ii: for the purposes of that Act, the deemed permit shall be deemed to be due to expire on the 30th anniversary of the specified date.
417: Permits over land other than that of holders to be produced in Land Transfer Office
1: Where, immediately before the date of commencement of this Act, a mining privilege that is deemed to be a permit under section 413(1)﻿(e)
a: may continue to exercise those rights, and the provisions of this section shall apply accordingly; and
b: may, at any time, obtain from the relevant regional council, for the purpose of registration against any record of title under the Land Transfer Act 2017
2: Every such certificate shall be in writing and—
a: have affixed to it the common seal of the consent authority; and
b: specify the rights which the holder of the permit has by virtue of subsection (1)﻿(a) and the parcel or parcels of land affected (including the file reference); and
c: have endorsed on the certificate or refer to a diagram or plan attached to the certificate (which need not be a survey plan), showing the course of any race and, as the case may be, the site of any dam and the boundaries of any part of the land which the permit specifies as being affected except that, where it is not practicable to show the true course or site or part of the land, it shall be indicated as nearly as possible, and, until the contrary is proved, the course or site or part of the land so indicated shall be deemed to be the true course, site, or boundaries, as the case may be.
3: No action shall lie against the Crown under subpart 3 of Part 2
4: Every such certificate shall be deemed—
a: to be an instrument capable of registration under the Land Transfer Act 2017 section 51
b: when so registered, to be binding on any registered owner
5: Without limiting subsection (1), any certificate registered under this section may be transferred by the holder of the deemed permit, or any permit issued in substitution for it, to the person to whom such permit is transferred, by means of a transfer instrument Land Transfer Act 2017
6: Where any certificate is produced to the Registrar-General of Land Registrar-General of Land record of title Registrar-General of Land's
7: Nothing in the Land Transfer Act 2017 Registrar-General of Land
8: If the land affected by subsection (1) or any part of it is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908 Section 417(1) amended 7 July 1993 section 198(1) Resource Management Amendment Act 1993 Section 417(1)﻿(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 417(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(4)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(5) replaced 7 July 1993 section 198(2) Resource Management Amendment Act 1993 Section 417(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(6) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(7) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417(8) inserted 7 July 1993 section 198(3) Resource Management Amendment Act 1993 Section 417(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Existing uses
417A: Uses of lakes and rivers not restricted by section 9
1: Notwithstanding section 374(4) section 9(3) and (4)
a: unless the activity is specifically referred to, and is controlled or restricted or prohibited by a rule, in a district plan or proposed district plan deemed to be constituted under section 373
b: until a district plan or proposed district plan prepared under Schedule 1
1A: Nothing in subsection (1) shall apply to any commercial activity (being an activity that has, or has the potential to have, as its sole purpose or a related purpose the production of assessable income) carried out in the district of the Queenstown-Lakes District Council.
1B: The application of subsection (1) or subsection (1A) may be excluded or modified at any time in accordance with Schedule 1
2: Where any activity is lawfully carried out in any lake or river or on the surface of any lake or river in accordance with a licence or other authorisation granted pursuant to an application made before 1 October 1991 under any Act, regulation, or bylaw, including an Act, regulation, or bylaw amended, repealed, or revoked by this Act, section 9(3) and (4)
3: Where any activity undertaken in any lake or river or on the surface of any lake or river—
a: is authorised by a licence, permit, or authorisation granted pursuant to an application made under any bylaw continued in force by any provision of subsections (1) to (9) of section 424; or
b: is, by virtue of section 424(10) section 9(3) and (4) Section 417A inserted 7 July 1993 section 199 Resource Management Amendment Act 1993 Section 417A(1) replaced 2 September 1996 section 22(1) Resource Management Amendment Act 1996 Section 417A(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417A(1A) inserted 2 September 1996 section 22(1) Resource Management Amendment Act 1996 Section 417A(1B) inserted 2 September 1996 section 22(1) Resource Management Amendment Act 1996 Section 417A(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417A(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
418: Certain existing permitted uses may continue
1: For the purposes of this Act, section 15(1)﻿(c) Clean Air Act 1972
1A: Notwithstanding subsection (1), for the purposes of this Act, section 15(1)﻿(c)
1B: For the purposes of this Act, section 15(1)﻿(d)
1C: Notwithstanding subsection (1B), for the purposes of this Act, section 15(1)﻿(d)
a: the discharge is expressly allowed by a rule in a proposed regional plan; or
b: an application for a permit to discharge the contaminant has been lodged with the regional council.
2: For the purposes of this Act, section 14(2)﻿(b) and (c) section 6 or section 9(1)﻿(b) or section 9(1)﻿(c) of the Geothermal Energy Act 1953
3: For the purposes of this Act, section 13(1)
3A: For the purposes of this Act (except where section 383A section 13(1)
3B: Notwithstanding section 13(1)﻿(a)
3C: For the purposes of this Act, each regional plan under section 368 section 13(1)﻿(a) or (b) section 2(1A) of the Telecommunications Act 1987
a: will not cause or contribute to the occurrence of—
i: any significant change to the movement of water or sediment in the river or lake; or
ii: any erosion or natural hazard; or
iii: any adverse effect to the bed of the river or lake; and
b: will not adversely affect the carrying out of any other lawful activity in respect of the river or lake.
3D: Every rule deemed to be included in a regional plan by subsection (3C) shall apply until a regional plan provides otherwise.
4: Without limiting subsection (2), where, immediately before the date of commencement of this Act,—
a: heat or energy from geothermal water; or
b: heat or energy from the material surrounding any geothermal water— was being lawfully taken or used, and such taking or use did not require any licence, permit, or other authorisation under the Geothermal Energy Act 1953 section 14(2)﻿(b) and (c)
5: For the purposes of this Act, where, immediately before the date of commencement of this Act, any person holds any permit or dispensation granted under—
a: a bylaw made under section 149 section 150
b: a bylaw made under section 34A
c: a bylaw made under section 4 of the Water and Soil Conservation Amendment Act 1973 that permit or authorisation shall not be deemed to be a resource consent but that person may, subject to its conditions, continue to undertake the activity authorised by that permit or authorisation within a region until whichever is the sooner of—
d: the date on which a regional plan for that region provides otherwise; or
e: the date on which the permit or authorisation expires.
6: Notwithstanding section 12
a: there is in force—
i: any licence, permit, Order in Council, or approval which is deemed by section 384(1)
ii: any lease described in section 425(1)
b: any activity was or was proposed to be carried out by or on behalf of the holder of that coastal permit, lease, or licence and such activity could have been lawfully commenced and continued in the coastal marine area under section 90 or section 102A(1) or section 108 of the Town and Country Planning Act 1977 such activity may be continued or commenced at any time after the date of commencement of this Act and continued until—
c: the expiry of the coastal permit, lease, or licence; or
d: where section 124
e: a rule is included in a regional coastal plan prepared under this Act which provides that the activity is a controlled activity, a restricted discretionary activity, whichever occurs last.
6A: For the purposes of this Act, where, in respect of any mooring existing before 1 October 1991, no licence or permit was held which could be deemed to be a coastal permit under section 384(1) section 12(2)﻿(a)
6B: For the purposes of this Act, section 12(1) and (2)
6C: For the purposes of this Act, section 12(2)﻿(a) section 173(f) of the Harbours Act 1950
7: Except as provided in subsection (6), section 12 section 90 or section 102A(1) or section 108 of the Town and Country Planning Act 1977 a restricted discretionary activity,
8: For the purposes of this Act, section 14(2)﻿(a)
9: For the purposes of this Act, section 14(2)﻿(a) Section 418(1) replaced 2 September 1996 section 23(1) Resource Management Amendment Act 1996 Section 418(1A) replaced 2 September 1996 section 23(1) Resource Management Amendment Act 1996 Section 418(1B) replaced 17 December 1997 section 67(1) Resource Management Amendment Act 1997 Section 418(1C) replaced 2 September 1996 section 23(1) Resource Management Amendment Act 1996 Section 418(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 418(3) replaced 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3A) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3B) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3C) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3C) amended 20 December 2001 section 159(8) Telecommunications Act 2001 Section 418(3D) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 418(4) amended 7 July 1993 section 200(3) Resource Management Amendment Act 1993 Section 418(5)﻿(b) amended 7 July 1993 section 200(4) Resource Management Amendment Act 1993 Section 418(6)﻿(a)﻿(ii) amended 1 January 2005 section 30(1) Resource Management Amendment Act (No 2) 2004 Section 418(6)﻿(e) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 418(6A) inserted 7 July 1993 section 200(5) Resource Management Amendment Act 1993 Section 418(6A) amended 2 September 1996 section 23(3) Resource Management Amendment Act 1996 Section 418(6B) inserted 7 July 1993 section 200(5) Resource Management Amendment Act 1993 Section 418(6C) inserted 7 July 1993 section 200(5) Resource Management Amendment Act 1993 Section 418(7) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 418(8) inserted 7 July 1993 section 200(6) Resource Management Amendment Act 1993 Section 418(8) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 418(9) inserted 7 July 1993 section 200(6) Resource Management Amendment Act 1993 Section 418(9) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009
419: Certain discharges affected by water classifications
1: Where—
a: provisions of a final water classification of the kind referred to in section 368(2)﻿(b) section 368(1) section 370(1)
b: immediately before the date of commencement of this Act, in respect of any receiving water to which those provisions apply, any discharge of waste within the meaning of the Water and Soil Conservation Act 1967 section 26K(2) of that Act any person so authorised shall, subject to subsection (2), continue to be so authorised for the same period, to the same extent, and subject to the same conditions, pending that person's application for a resource consent to discharge such waste into the receiving water and the determination of any appeals in respect of that application.
2: Any person authorised under subsection (1) to continue any discharge of waste shall cease to be so authorised upon the second anniversary of the date of commencement of this Act unless by that anniversary that person has made an application under this Act to the relevant regional council for a resource consent to discharge such waste.
3: This section shall apply notwithstanding anything to the contrary in this Act.
420: Designations and requirements continued
1: Where, immediately before the date of commencement of this Act,—
a: a designation is included in an operative district scheme or combined scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977
b: a requirement has been made under section 118 of that Act the designation or requirement shall, to the extent that it has effect within a coastal marine area, cease to have such effect but shall be deemed to be a coastal permit for the public work or project or work to which the designation or requirement relates which takes effect on the date of commencement of this Act, and the provisions of this Act shall apply accordingly.
2: Except as provided in subsection (1), where, immediately before the date of commencement of this Act,—
a: a designation is included in an operative district scheme or combined scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977 section 175
b: a requirement has been made under section 118 of that Act using the process in Schedule 1 section 175 and the person responsible for the designation shall be deemed to be a requiring authority for that designation;
3: For the purposes of section 184 and section 184A
4:
5: Where a designation is included in a district plan under subsection (2)﻿(a) or (2)﻿(b) in respect of a project or work that is not a work of a local authority or Minister of the Crown, the designation shall remain in force until the plan is made operative, and shall then lapse unless the person responsible for the project or work has been approved as a requiring authority in respect of that project or work under section 167
5A: All notices given, before the commencement of this subsection, under section 183
6: The person responsible for a project or work referred to in subsection (5) may, in accordance with section 167
7: Except as provided in subsection (1), every requirement made under section 43 or section 118 of the Town and Country Planning Act 1977
a: to the extent that the requirement has effect within the coastal marine area, shall be deemed to be withdrawn:
b: except as provided in paragraph (a), shall be deemed to be a requirement that has been notified under section 168 section 422
8: Subsection (7) applies whether or not the requirement is the subject of any proceedings before a territorial authority, the Environment Court Section 420(2) amended 7 July 1993 section 201(1) Resource Management Amendment Act 1993 Section 420(2)﻿(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 420(3) amended 17 December 1997 section 68(1) Resource Management Amendment Act 1997 Section 420(4) repealed 17 December 1997 section 68(2) Resource Management Amendment Act 1997 Section 420(5) replaced 7 July 1993 section 201(3) Resource Management Amendment Act 1993 Section 420(5A) inserted 7 July 1993 section 201(3) Resource Management Amendment Act 1993 Section 420(8) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
421: Protection notices to become heritage orders
1: The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 section 125B(10) of the Town and Country Planning Act 1977
a: to the extent that the notice has effect within the coastal marine area, the notice shall be deemed to be cancelled:
b: except as provided in paragraph (a), the notice shall be deemed to be a heritage order included in the relevant district plan, and the provisions of this Act shall apply accordingly.
2: The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 section 125B(10) of the Town and Country Planning Act 1977
a: to the extent that the notice has effect within a coastal marine area, the notice shall be deemed to be withdrawn:
b: except as provided in paragraph (a),—
i: in a case where a territorial authority has an obligation under section 125B(10) of that Act using the process in Schedule 1 section 192
ii: in any other case, the notice shall be deemed to be a requirement for a heritage order that has been notified under section 189 section 422
3: Subsection (2)﻿(a) shall apply whether or not the notice is the subject of any proceedings before a territorial authority, the Environment Court Section 421(2)﻿(b)﻿(i) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 421(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
422: Procedure for requirements for designations and protection notices
1: This section applies to requirements and notices of the kinds referred to in sections 420(7)﻿(b) 421(2)﻿(b)﻿(ii)
2: Where, before the date of commencement of this Act, a local authority has been notified of or served with a requirement or notice to which this section applies, and on the date of commencement of this Act, any hearing involved in the territorial authority's consideration of the requirement or notice—
a: has commenced, the territorial authority shall proceed with that consideration and make its recommendation accordingly as if this Act had not been enacted:
b: has not commenced, the territorial authority shall deal with the requirement or notice as if it were a requirement for a designation or heritage order, as the case may be, and the provisions of this Act shall apply accordingly.
3: Except as provided in subsection (2), a territorial authority that has been notified of or served with a requirement or notice to which this section applies shall, as soon as reasonably practicable after the date of commencement of this Act, decide whether the requirement or notice is to be dealt with after that date—
a: in accordance with the Town and Country Planning Act 1977
b: in accordance with this Act as if the requirement or notice were a requirement for a designation or heritage order, as the case may be; or
c: partly in accordance with that Act and otherwise in accordance with this Act,— and any such decision shall be final and not subject to appeal to or review by any court or the Environment Court
4: When making a decision for the purposes of subsection (3), the territorial authority shall comply with any regulations and also shall have regard to any representations made to it by the person who made the requirement or gave the notice, or any other person, as to the appropriate manner of dealing with the requirement or notice.
5: Every territorial authority that makes a decision under subsection (3) shall ensure that written notice of—
a: the decision; and
b: anything that the person who made the requirement or gave the notice is required to do as a result of the decision— is served as soon as reasonably practicable after the decision is made on every person (including the person who made the requirement or gave the notice) whom the territorial authority considers should receive notice.
6: Any territorial authority's recommendation in respect of a requirement or a notice to which this section applies, made in accordance with this section, and any decision by—
a: a Minister of the Crown or a local authority; or
b: the New Zealand Historic Places Trust constituted under the Historic Places Act 1993 in respect of that recommendation, shall have effect according to its tenor notwithstanding that all requirements of this Act in relation to designations and heritage orders and requirements therefor may not have been complied with, and any such decision may be appealed against in accordance with this Act accordingly.
7: A person who, if this Act had not been enacted, has a right of appeal under section 118(7) or section 125B(8) of the Town and Country Planning Act 1977
8: Any appeal to the Environment Court
a: under section 118(7) of the Town and Country Planning Act 1977
b: under section 125B(8) of that Act
c: under subsection (7)— shall be continued and completed—
d: where the appeal has been wholly or partly heard, as if the enactments repealed by this Act continued in force; and
e: in every other case, as if the appeal had been commenced under this Act, which shall apply accordingly. Section 422(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 422(6)﻿(b) amended 1 July 1993 section 118(1) Historic Places Act 1993 Section 422(8) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
423: National water conservation orders
1: A national water conservation order made under section 20D of the Water and Soil Conservation Act 1967 section 214
2: Where, before the date of commencement of this Act, an application for a water conservation order has been made under section 20A of the Water and Soil Conservation Act 1967
a: the application has not been publicly notified under section 20B of that Act section 201
b: the application has been publicly notified under section 20B of that Act
i: the provisions of the Water and Soil Conservation Act 1967
ii: the provisions of that Act as if this Act had not been enacted, but having regard to the matters set out in sections 199 207
iii: this Act as if the application had been made under this Act,— and shall ensure that written notice of the decision is served as soon as reasonably practicable on every person (including the applicant) whom the Minister considers should receive notice. Any such decision by the Minister shall be final and not subject to appeal to, or review by, any court or the Environment Court
3: Any person who, if this Act had not been enacted, would have had a right under section 20C(1) of the Water and Soil Conservation Act 1967 section 20B(7)﻿(a) section 20B(7)﻿(c) of that Act
4: All inquiries by the Environment Court section 20C of the Water and Soil Conservation Act 1967 Water and Soil Conservation Act 1967 Section 423(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 423(4) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Miscellaneous provisions
424: Savings as to bylaws
1: Every bylaw described in section 368(2)﻿(e)
a: the bylaw is publicly notified as a provision of a regional plan for the purposes of section 369(2) section 376
b: the expiry of 3 years whichever is the earlier, and shall then expire.
2: Every bylaw made under the Harbours Act 1950
a: any Harbour Board (within the meaning of that Act) paragraphs (4), (7), (34), (34A), (36), (37), (38), (41), (42), and (44) of section 232 of that Act
b: any public body (within the meaning of that Act) under section 8A of that Act and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the regional council for the region to which the bylaw relates and shall continue in force within that area until the expiry of 8 years
3: Every bylaw made under the Harbours Act 1950
a: any Harbour Board (within the meaning of that Act) paragraphs (4), (7), (34), (37), (38), (41), (42), and (44) of section 232 of that Act
b: any public body (within the meaning of that Act) under section 8A or section 165(2) of that Act and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the territorial authority for the area to which the bylaw relates and shall continue in force within that area until the expiry of 8 years
4: Except as provided in subsection (3), every bylaw made under section 165 or section 232(36) of the Harbours Act 1950 8 years
5: Subject to subsection (6)—
a: every bylaw referred to in subsections (2) and (4) may from time to time be altered or revoked by the regional council; and
b: every bylaw referred to in subsection (3) may from time to time be altered or revoked by the territorial authority— for the region or area to which the bylaw relates, in the manner provided in section 681
6: The alteration under subsection (5) of any bylaw referred to in subsections (2), (3), and (4) shall not come into force until the alteration has been approved by the Minister of Conservation and the Minister of Transport, jointly, by notice in the Gazette
7: Sections 233, 234(2), 235, 236, 237, and 239 of the Harbours Act 1950
8: Where, immediately before the date of commencement of this Act, there was in force any bylaw (in this subsection called a former bylaw section 3 of the Lakes District Waterways (Shotover River) Empowering Act 1985 section 427 Harbours Act 1950 Harbours Act 1950
9: A local authority that has functions, powers, and duties under any bylaw referred to in any of subsections (2), (3), (4), and (8) may, while the bylaw is in existence, transfer any 1 or more of those functions, powers, or duties to another public authority in accordance with section 33
10: The Water Recreation Regulations 1979 section 232(42) of the Harbours Act 1950
11: Where a proposed regional coastal plan has been notified and any inconsistencies arise between the provisions of that proposed plan and the bylaws under subsection (2) or subsection (4) Section 424(1)﻿(b) amended 7 July 1993 section 202(1) Resource Management Amendment Act 1993 Section 424(2) amended 2 September 1996 section 24(1) Resource Management Amendment Act 1996 Section 424(3) amended 2 September 1996 section 24(1) Resource Management Amendment Act 1996 Section 424(4) amended 2 September 1996 section 24(1) Resource Management Amendment Act 1996 Section 424(8) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(9) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(10) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(11) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(11) amended 2 September 1996 section 24(2) Resource Management Amendment Act 1996
425: Leases, licences, and other authorities under Harbours Act 1950
1: Every lease made under section 154 of the Harbours Act 1950
2: Notwithstanding anything to the contrary in this Act, section 124
3: Except as provided in section 384(1)
a: every licence or permit granted under section 146A or section 156 or section 162 or section 165 of the Harbours Act 1950
b: every Order in Council made under section 175 of that Act
c: every approval granted under section 178(1)﻿(b) or (2) shall, notwithstanding the amendment of that Act by this Act, continue in force after the date of commencement of this Act on the same conditions and with the same effect as if that Act had not been so amended.
4: This section applies subject to section 12 Section 425(3)﻿(c) amended 7 July 1993 section 203 Resource Management Amendment Act 1993 Section 425(4) inserted 1 January 2005 section 31 Resource Management Amendment Act (No 2) 2004
425A: Functions and powers in respect of activities on or in Lake Taupo
1: Nothing in this Act shall have the effect of giving any local authority any power, duty, function, or control in respect of any activity on or in Lake Taupo where that power, duty, function, or control was exercised, at the date of commencement of this Act, by—
a: the Minister of Internal Affairs; or
b: the Minister of Transport; or
c: the Lake Taupo Harbourmaster; or
d: the Secretary for Local Government; or
e: the Secretary for Internal Affairs— under any of the enactments referred to in subsection (2).
2: The enactments to which subsection (1) applies are as follows:
a: the Maori Land Amendment and Maori Land Claims Adjustment Act 1926
b: the Harbours Act 1950
c: the Shipping and Seamen Act 1952
d: the General Harbour (Nautical and Miscellaneous) Regulations 1968
e: the Lake Taupo Regulations 1976
f: the Water Recreation Regulations 1979
g: the Shipping (Distress Signals and Prevention of Collisions) Regulations 1988
h: the Water Recreation (Waikato River Outlet, Lake Taupo) Notice 1983 ( Gazette
i: the Water Recreation (Waikato River Outlet, Lake Taupo) Notice 1983, No 2 ( Gazette
j: any other regulation or notice made under the Harbours Act 1950
3: For the purposes of this section, Lake Taupo lake in the Lake Taupo Regulations 1976 Section 425A inserted 7 July 1993 section 204 Resource Management Amendment Act 1993
426: Leases and licences executed under Marine Farming Act 1971
Section 426 repealed 1 January 2005 section 32 Resource Management Amendment Act (No 2) 2004
427: Deemed transfer of powers to former public bodies
1: This section shall apply notwithstanding anything to the contrary in section 33
2: Where, before the date of commencement of this Act,—
a: any public body, or any 2 or more public bodies acting jointly, or any Harbour Board, were exercising any current function, power, or duty in respect of any bylaws conferred by the Harbours Act 1950 section 8A or section 165 of that Act
b: the public body or public bodies or Harbour Board (as the case may be) were administering any bylaw in force under either of those sections— then, on the date of commencement of this Act, the relevant regional council shall be deemed to have transferred those functions, powers, and duties that are described in subsection (4) to the public body or public bodies or Harbour Board (as the case may be) for a period commencing on the date of commencement of this Act and ending on 30 June 1992, and the public body or public bodies or Harbour Board (as the case may be) shall be deemed to have accepted the transfer.
3: Where, before the date of commencement of this Act,—
a: any public body, or any 2 or more public bodies acting jointly, or any Harbour Board, were exercising any current function, power, or duty in respect of any bylaws conferred by the Harbours Act 1950 section 8A or section 165 of that Act
b: the public body or public bodies or Harbour Board (as the case may be) were administering any bylaw in force under either of those sections— then, on the date of commencement of this Act, the relevant territorial authority shall be deemed to have transferred those functions, powers, and duties that are described in subsection (5) to the public body or public bodies or Harbour Board (as the case may be) for a period commencing on the date of commencement of this Act and ending on 30 June 1992, and the public body or public bodies or Harbour Board (as the case may be) shall be deemed to have accepted the transfer.
4: Subject to subsection (8), the regional council shall be deemed to have transferred to the relevant public body, public bodies, or Harbour Board under subsection (2)—
a: the full power to do anything under every bylaw referred to in section 424(2) and (4)
b: the full power and duty to enforce every such bylaw— in the same manner and to the same extent as the relevant public body or public bodies were authorised to do so by Order in Council under section 8A or section 165 of the Harbours Act 1950
5: Subject to subsection (8), the relevant territorial authority shall be deemed to have transferred to the relevant public body, public bodies, or Harbour Board under subsection (3)—
a: the full power to do anything under every bylaw referred to in section 424(3)
b: the full power and duty to enforce every such bylaw— in the same manner and to the same extent as the relevant public body or public bodies were authorised to do so by Order in Council under section 8A or section 165 of the Harbours Act 1950
6: Where, immediately before the date of commencement of this Act, any combined committee within the meaning of section 40A of the Town and Country Planning Act 1977
a: the relevant regional council shall be deemed to have transferred to the combined committee all of its functions, powers, and duties in relation to those provisions of the coastal plan deemed to be operative under section 370
b: the relevant territorial authority shall be deemed to have transferred to the combined committee all of its functions, powers, and duties in relation to those provisions of the district plan deemed to be operative under section 373 other than the power to approve any changes to the plan.
7: Where, immediately before the date of commencement of this Act,—
a: any proposed district scheme, maritime planning scheme, or combined scheme under the Town and Country Planning Act 1977
b: any such proposed scheme or change to or variation or review of any such scheme relates solely or in part to the whole or any part of the coastal marine area of a region— then, subject to subsection (8), in respect of any such proposed scheme, change, variation, or review, or part thereof, on the date of commencement of this Act, the relevant regional council shall be deemed to have transferred all functions, powers, and duties that are described in section 378
c: the approval of the relevant scheme or change; and
d: any decision to approve or to withdraw any such scheme or change— to the territorial authority or combined committee (as the case may be) which, before the date of commencement of this Act, was responsible for such proposed scheme, change, variation, or review (and who shall be deemed to have accepted the transfer), for a period commencing on the date of commencement of this Act and ending on the date such scheme, change, variation, or review is completed and becomes operative in accordance with section 378(1)
8: The provisions of section 33
a: in the case of a transfer made under subsection (2)—
i: the regional council shall continue to have the power to change or revoke that transfer; and
ii: the public body, public bodies, or Harbour Board (as the case may be) shall have the power to relinquish the transfer at any time:
b: in the case of a transfer made under subsection (3)—
i: the territorial authority shall continue to have the power to change or revoke that transfer; and
ii: the public body, public bodies, or Harbour Board (as the case may be) shall have the power to relinquish the transfer at any time:
c: in the case of a transfer made under subsection (6)—
i: the regional council shall continue to have the power to change or revoke that transfer so far as it relates to any provisions of the regional coastal plan under section 370
ii: the territorial authority shall continue to have the power to change or revoke that transfer so far as it relates to any provisions of the district plan under section 373
iii: the combined committee shall have the power to relinquish the transfer at any time:
d: in the case of a transfer made under subsection (7)—
i: the regional council shall continue to have the power to change or revoke that transfer; and
ii: the territorial authority shall have the power to relinquish the transfer at any time— as if the transfer was made under section 33
9: This section does not limit the powers of the regional council or territorial authority under section 33
10: In this section, public body public bodies acting jointly Harbour Board sections 2(1), 8A(12)﻿(a), and 165(10) of the Harbours Act 1950 Section 427(2)﻿(a) amended 7 July 1993 section 206 Resource Management Amendment Act 1993
428: Environment Court
1: The person who, immediately before the commencement of this Act, held office as the Principal Environment Judge Environment Court section 251
2: Each person who, immediately before the commencement of this Act, held office as an Environment Judge Environment Judge Environment Court section 250
3: Each person who, immediately before the commencement of this Act, held office as a member (other than an Environment Judge Environment Court Environment Commissioner Deputy Environment Commissioner Environment Court section 254 Section 428 heading replaced 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 428(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 428(1) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 428(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 428(2) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 428(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 428(3) amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 428(3) amended 2 September 1996 section 6(2)﻿(c) Resource Management Amendment Act 1996
429: Savings as to compensation claims
Where, immediately before the date of commencement of this Act, any claim for compensation under any enactment repealed by this Act has been or could be made, that claim may be made or continued and enforced in all respects as if this Act had not been enacted.
430: Savings as to court proceedings
Except as expressly provided in this Act, nothing in this Act shall affect the rights of any party to any proceedings commenced in any court on or before the commencement of this Act.
431: Obligation to prepare draft New Zealand coastal policy statement within 1 year
1: The Minister of Conservation shall, in accordance with this Act and within 1 year after the date of commencement of this Act, publicly notify a proposed
2: The Minister of Conservation shall not, if he or she complies with subsection (1), be in breach of section 57 Section 431 heading amended 7 July 1993 section 207 Resource Management Amendment Act 1993 Section 431(1) amended 7 July 1993 section 207 Resource Management Amendment Act 1993
432: Obligation to prepare regional policy statements and coastal plans within 2 years
1: Every regional council shall, in accordance with this Act and within 2 years after the date of commencement of this Act, publicly notify a proposed regional policy statement for its region.
1A: Every regional council shall, in accordance with this Act, publicly notify, by 1 July 1994, a proposed regional coastal plan or plans for its region.
2: A regional council that complies with subsection (1) shall not be in breach of section 60 section 64 Section 432(1) replaced 7 July 1993 section 208 Resource Management Amendment Act 1993 Section 432(1A) inserted 7 July 1993 section 208 Resource Management Amendment Act 1993
433: Collection of water management charges
All charges fixed by special order made under section 24K of the Water and Soil Conservation Act 1967
16: Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
Part 16 repealed 19 April 2017 section 118 Resource Legislation Amendment Act 2017
434: Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
Section 434 repealed 19 April 2017 section 118 Resource Legislation Amendment Act 2017