Resource Management Amendment Act 1993

1: Short Title and commencement
1: This Act may be cited as the Resource Management Amendment Act 1993, and shall be read together with and deemed part of the Resource Management Act 1991
2: This Act shall come into force on the day on which it receives the Royal assent.
1: Interpretation and application
2: Interpretation
This section amended s 2 Subsections (8) (10) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
3: Meaning of
effect This section amended s 3
4: Person acting under resource consent with permission
This section inserted s 3A
5: Act to bind the Crown
This section amended s 9
2: Duties and restrictions under Act
6: Restrictions on use of land
This section amended s 9
7: Certain existing uses in relation to land protected
This section amended s 10
8: Certain existing activities allowed
This section inserted s 10A
9: Restrictions on subdivision of land
This section amended s 11
10: Restrictions on use of coastal marine area
This section amended s 12 Section 10(4) repealed 17 December 1997 4(5) Resource Management Amendment Act 1997
11: Restrictions on certain uses of beds of lakes and rivers
This section amended s 13
12: Restrictions relating to water
This section amended s 14
13: Discharge of contaminants into environment
This section amended s 15
14: Duty to avoid unreasonable noise
This section amended s 16
15: Duty to avoid, remedy, or mitigate adverse effects
This section amended s 17
16: Certain existing lawful activities allowed
This section amended s 20 Section 16(1)(a) repealed 17 December 1997 8(2) Resource Management Amendment Act 1997 Section 16 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
3: Functions, powers, and duties of central and local government
17: Functions of Minister for the Environment
This section amended s 24
18: Information to be supplied to Minister for the Environment
This section amended s 27
19: Functions of Minister of Conservation
This section amended s 28
20: Information to be supplied to Minister of Conservation
This section inserted s 28A
21: Functions of regional councils
This section amended s 30
22: Functions of territorial authorities under Act
23: Duties to consider alternatives, assess benefits and costs, etc
This section amended s 32 Section 23 repealed 9 December 1994 2(2) Resource Management Amendment Act (No 2) 1994
24: Duty to gather information, monitor, and keep records
This section amended s 35
25: Power of waiver and to extend time limits
This section amended s 37 Section 25 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
26: Authorisation and responsibilities of enforcement officers
This section amended s 38
27: Hearings to be public and without unnecessary formality
This section amended s 39
28: Persons who may be heard at hearing
This section amended s 40
29: Provisions relating to hearings
This section amended s 41
30: Reports to local authority
This section inserted heading and s 42A
4: Standards, policy statements, and plans
31: Regulations prescribing national environmental standards
This section amended s 43 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
32: Summary of submissions, notification, and conduct of hearing
This section substituted s 50 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
33: Matters to be considered and board of inquiry's report
This section amended s 51 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
34: Contents of regional policy statements
This section amended s 62 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
35: Preparation and change of regional coastal plans
This section amended s 64
36: Preparation and change of other regional plans
This section amended s 65
37: Regional rules
This section amended s 68 Subsections (2) and (3) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
38: Repealing provisions relating to rules about esplanade reserves on reclamation
This section repealed s 71
39: Preparation and change of district plans
40: District rules
Subsections (2) and (3) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
41: Rules about esplanade reserves on subdivision and road stopping
This section substituted s 77
42: Withdrawal of proposed policy statements and plans
This section repealed s 78
43: Compensation not payable in respect of controls on land
This section amended s 85
5: Resource consents
44: Making an application
Section 44 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
45: Applications to territorial authorities for resource consents where land is in coastal marine area
This section amended s 89
46: Distribution of application to other authorities
This section amended s 90 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
47: Further information may be required
This section amended s 92 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
48: Notification of applications
This section amended s 93 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
49: Applications not requiring notification
This section amended s 94 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
50: Time limit for submissions
This section amended s 97
51: Hearing date and notice
This section amended s 101
52: Joint hearings by 2 or more consent authorities
This section amended s 102
53: Combined hearings in respect of 2 or more applications
This section amended s 103
54: Matters to be considered
This section substituted s 104
55: Decisions on applications
This section amended s 105
56: Subdivision consent not to be granted in certain circumstances
This section amended s 106
57: Restriction on grant of certain discharge permits
This section amended s 107 Subsections (2) (3) repealed 17 December 1997 23(2) Resource Management Amendment Act 1997
58: Conditions of resource consents
This section amended s 108 Subsections (1) to (5) (7) repealed 17 December 1997 24(6)(a) Resource Management Amendment Act 1997
59: Refund of money and return of land where activity does not proceed
This section amended s 110
60: Use of financial contributions
This section amended s 111
61: Obligation to pay rent and royalties a deemed condition
This section amended s 112
62: Decisions on applications to be in writing, etc
This section amended s 113
63: Time limits for notification of decision
This section amended s 115
64: When resource consent commences
This section amended s 116
65: Application to carry out restricted coastal activity
This section substituted s 117
66: Decision on application for restricted coastal activity
This section substituted s 119
67: Residual powers of regional council
This section inserted s 119A
68: Right to appeal
This section amended s 120
69: Procedure for appeal
This section amended s 121
70: Consents not real or personal property
This section amended s 122
71: Lapsing of consents
This section amended s 125
72: Change or cancellation of consent condition on application by consent holder
This section amended s 127
73: Circumstances when consent conditions can be reviewed
This section amended s 128
74: Notice of review
This section amended s 129
75: Public notification, submissions, and hearing, etc
This section amended s 130
76: Decisions on review of consent conditions
This section amended s 132
77: Transferability of coastal permits
This section amended s 135
78: Transferability of discharge permits
This section amended s 137
79: Consent authorities to grant certificates of compliance
This section substituted s 139
6: Coastal tendering
80: Order in Council may be made requiring holding of authorisation
This section amended s 152
81: Application of Order in Council
This section amended s 153
82: Effect of Order in Council
This section amended s 156
7: Designations and heritage orders
83: Meaning of
designation This section amended s 166 Electricity Act 1992
84: Application to become requiring authority
This section substituted s 167
85: Notice of requirement to territorial authority
This section amended s 168
86: Notice of requirement by territorial authority
87: Recommendation by territorial authority
This section amended s 117 Section 87(b) repealed 17 December 1997 36(3) Resource Management Amendment Act 1997
88: Notification of decision
This section amended s 173
89: Designation to be provided for in district plan
This section amended s 175
90: Effect of designation
This section amended s 176
91: Land subject to existing designation or heritage order
This section amended s 177
92: Interim effect of requirement
This section amended s 178
93: Appeals relating to sections 176 to 178
This section amended s 179
94: Transfer of rights and responsibilities for designations
This section substituted s 180
95: Alteration of designation
This section amended s 181
96: Removal of designation
This section substituted s 182
97: Repealing provisions relating to review of designations which have not lapsed
This section repealed s 183
98: Lapsing of designations which have not been given effect to
This section amended s 184
99: Lapsing of designations of territorial authority in its own district
This section inserted s 184A
100: Meaning of
heritage order This section amended s 187
101: Application to become heritage protection authority
This section amended s 188
102: Notice of requirement to territorial authority
This section amended s 189
103: Notice of requirement by territorial authority
This section inserted s 189A
104: Recommendation by territorial authority
This section amended s 191
105: Application of other sections
This section amended s 192
106: Land subject to existing heritage order or designation
This section inserted s 193A
107: Interim effect of requirement
This section amended s 194
108: Removal of heritage order
This section amended s 196
109: Planning Tribunal may order land taken, etc
This section amended s 198
8: Water conservation orders
110: Matters to be considered
This section amended s 207
111: Matters to be considered by Planning Tribunal
This section substituted s 212
112: Tribunal's report
This section substituted s 213
113: Effect of water conservation order
This section amended s 217
9: Subdivision and reclamations
114: Meaning of subdivision of land
This section amended s 218
115: Information to accompany applications for subdivision consents
This section amended s 219
116: Condition of subdivision consents
This section amended s 220
117: Completion certificates
This section amended s 222
118: Approval of survey plan by territorial authority
This section amended s 223
119: Restrictions upon deposit of survey plan
This section amended s 224
120: Restrictions upon issue of certificates of title for subdivision
This section amended s 226
121: Savings in respect of cross leases, company leases, and retirement village leases
This section inserted s 226A
122: Cancellation of prior approvals
This section amended s 227
123: Subdivision by the Crown
This section amended s 228
124: New sections substituted
This section substituted sections 229 to 237 sections 237A to 237H
125: Vesting of roads
This section amended s 238
126: Vesting of reserves or other land
This section amended s 239
127: Covenant against transfer of allotments
This section amended s 240
128: Amalgamation of allotments
This section amended s 241
129: Prior registered instruments protected
This section amended s 242
130: Survey plan approved subject to grant or reservation of easements
This section amended s 243
131: Consent authority approval of plan of survey of reclamation
This section amended s 245
132: Restrictions on deposit of plan of survey for reclamation
This section amended s 246
10: Environment Court
133: Planning Tribunal sittings
This section amended s 265
134: Powers of Planning Judge sitting alone
This section amended s 279
135: Awarding costs
This section substituted s 285
136: Reference of questions of law to High Court
This section amended s 287
137: Appeal on question of law
This section amended s 299
11: Declarations, enforcement, and ancillary powers
138: Scope and effect of declaration
This section amended s 310
139: Application for declaration
This section amended s 311
140: Notification of application
This section amended s 312 Section 140 repealed 10 August 2005 116(2) Resource Management Amendment Act 2005 See sections 131 to 135
141: Scope of enforcement order
This section amended s 314
142: Compliance with enforcement order
This section amended s 315
143: Compliance with enforcement order
This section amended s 316
144: Decision on applicatio
This section amended s 319
145: Interim enforcement order
This section substituted s 320
146: Scope of abatement notice
This section amended s 322
147: Appeals
This section amended s 325
148: Cancellation of abatement notice
This section inserted s 325A
149: Compliance with excessive noise direction
This section amended s 328
150: Emergency works and power to take preventive or remedial action
This section amended s 330
151: Resource consents for emergency works
This section inserted s 330A
152: Reimbursement or compensation for emergency works
This section amended s 331
153: Power of entry for inspection
This section amended s 332
154: Content and effect of warrant for entry for search
This section amended s 335
155: Offences against this Act
This section amended s 338
156: Strict liability and defences
This section amended s 341
12: Miscellaneous provisions
157: Service of documents
This section amended s 352
158: Notices and consents in relation to Maori land
This section substituted s 353
159: Crown's existing rights to resources to continue
This section amended s 354
160: Vesting of reclaimed land
This section amended s 355
161: Objections to certain decisions and requirements of consent authorities
This section amended s 357
162: Appeals against certain decisions or objections
This section amended s 358
163: Regulations
This section amended s 360
13: Transitional provisions
164: Meaning of
permission This section amended s 364
165: Effect of this Act on existing schemes, consents, etc
This section amended s 366
166: Provisions deemed to be regional rules
This section amended s 369
167: Existing notices, bylaws, etc, to become regional coastal plans
This section amended s 370
168: Provisions deemed to be regional coastal rules
This section amended s 371
169: Existing district and maritime schemes to become district plans
This section amended s 373
170: Provisions deemed to be district rules
This section amended s 374
171: Transitional provisions for public utilities
This section amended s 375
172: Proceedings in relation to plans
This section amended s 378
173: Declarations
This section amended s 379
174: Return of property seized under Noise Control Act 1982
This section inserted s 382A
175: Existing permissions to allow use of beds of lakes and rivers
This section inserted s 383A
176: Existing permissions to become coastal permits
This section substituted s 384
177: Right of port companies to occupy coastal marine area
This section inserted s 384A
178: Existing clean air permissions to become discharge permits
This section amended s 385
179: Existing rights and authorities under Water and Soil Conservation Act 1967
This section amended s 386
180: Existing geothermal licences and authorisations deemed to be water permits
This section amended s 387
181: New sections substituted
This section substituted sections 389 390 sections 390A to 390D
182: Resource consents following approval under Clean Air Act 1972
This section inserted s 391A
183: Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
This section amended s 392
184: Applications for Orders in Council to reclaim land and approval for harbour works
This section amended s 393
185: Repealing transitional provisions relating to setting aside of esplanade reserves on reclamation
This section repealed s 394
186: Applications for works, etc, in coastal marine area
This section amended s 395
187: Applications for marine farming in coastal marine area
This section amended s 396
188: Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
This section inserted s 396A
189: Notification of rule change affecting marine farming
This section inserted s 396B
190: Applications received on same day
This section amended s 399
191: New sections substituted
This section substituted s 405 s 405A
192: Grounds of refusal of subdivision consent
This section amended s 406
193: Subdivision consent conditions
This section amended s 407
194: Financial contributions for developments
This section amended s 409
195: Restriction on imposition of conditions as to financial contributions
This section amended s 411
196: Expiry of certain sections
This section repealed s 412
197: Current mining privileges to become deemed permits
This section amended s 413
198: Permits over land other than that of holders to be produced in Land Transfer Office
This section amended s 417
199: Uses of lakes and rivers not restricted by
section 9 This section inserted s 417A
200: Certain existing permitted uses may continue
This section amended s 418
201: Designations and requirements continued
This section amended s 420
202: Savings as to bylaws
1: This subsection amended s 424
2: This subsection amended s 424 Subsection (1) repealed 2 September 1996 24(3) Resource Management Amendment Act 1996
203: Leases, licences, and other authorities under Harbours Act 1950
This section amended s 425
204: Functions and powers in respect of activities on or in Lake Taupo
This section inserted s 425A
205: Leases and licences executed under Marine Farming Act 1971
This section amended s 426
206: Deemed transfer of powers to former public bodies
This section amended s 427
207: Obligation to prepare proposed New Zealand coastal policy statement within 1 year
This section amended s 431
208: Obligation to prepare regional policy statements and coastal plans within 2 years
This section amended s 432
14: Other provisions
209: Interpretation and time limits
This section amended clause 1 of Schedule 1
210: Requirements to be inserted prior to notification of proposed district plans
This section amended clause 4 of Schedule 1 Subsection (2) repealed 17 December 1997 68(3) Resource Management Amendment Act 1997
211: Public notice and provision of document to public bodies
This section amended clause 5 of Schedule 1
212: New clauses substituted
This section substituted clauses 6, 7 and 8, and inserted clauses 8A to 8D, of Schedule 1
213: Recommendations and decisions on requirements
This section substituted clause 9 of Schedule 1
214: New clauses substituted
This section substituted clauses 10 and 11, and repealed clause 12, of Schedule 1
215: New clauses substituted
This section substituted clause 16, and inserted clauses 16A and 16B of Schedule 1
216: Final consideration of policy statements and plans other than regional coastal plans
This section amended clause 17 of Schedule 1
217: Consideration of regional coastal plan by regional council
This section amended clause 18 of Schedule 1
218: Ministerial approval of regional coastal plan
This section amended clause 19 of Schedule 1
219: Operative date
This section amended clause 20 of Schedule 1
220: New Part 2 of Schedule 1 substituted
This section substituted Part 2 (clauses 21 to 29) of Schedule 1
221: Matters relating to regions
This section added clause 7 of Part 1 of Schedule 2
222: Esplanade reserves and strips on reclamations
This section amended clause 1 of Part 2 of Schedule 2
223: Matters related to districts
This section amended clause 1 of Schedule 2
224: Creation of esplanade reserves or strips on subdivision of allotments
This section repealed clause 4, and substituted clause 5, of Part 2 of Schedule 2
225: Assessment of effects on environment
This section amended clause 1 of Schedule 4
226: Amendments to Part 1 of Schedule 8
This section amended Part 1 of Schedule 8 Subsection (4) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
227: Amendment to Part 2 of Schedule 8
This section amended Part 2 of Schedule 8
228: New Schedule 10 added
This section inserted Schedule 10
229: Transitional regulations revoked
This section revoked the Regulations listed in Schedule 2
230: Transitional provisions
1: Where, on the commencement of this section,—
a: An application in relation to a resource consent (including a change or a review of conditions of an existing consent); or
b: A notice of requirement for a designation or heritage order; or
c: An application to become a requiring authority or heritage protection authority; or
d: A proposed policy statement, plan, change, or variation; or
e: An application for a water conservation order— has reached the stage of a hearing having commenced or a decision having been made, the principal Act shall continue to apply to those matters as if this Act had not been passed.
2: Where, before the commencement of this section, a hearing has been completed in relation to a matter specified in paragraphs (a) to (e) section 357
3: Where the hearing of an appeal or objection has, before the commencement of this section, been commenced in relation to a matter specified in paragraphs (a) to (e)
4: Where, before the commencement of this section, a decision or recommendation has been made in relation to any matter specified in paragraphs (a) to (e)
5: Where an appeal has been lodged or an objection has been made before the commencement of this section, but the hearing of that appeal or consideration of that objection has not commenced, or where an appeal is lodged or an objection is made within the time referred to in subsection (4)
6: Where, before the commencement of this section, an application for a subdivision consent has been made or a subdivision consent has been granted, all proceedings in relation to that subdivision, including the approval and deposit of any survey plan, shall be considered and completed under the principal Act as if this Act had not been passed.
7: Where, before the commencement of this section, any declaration or enforcement or abatement action under Part 12
8: Nothing in this section limits the ability of any person to withdraw that person's application, notice, or proposal and recommence the application, notice, or proposal under the principal Act as amended by this Act.
9: Nothing in this section limits the ability of any person to withdraw any objection or appeal.
10: For the purposes of this section, the term appeal Environment Court The words Environment Court in subsection (10) were substituted 2 September 1996 Planning Tribunal 6(2)(a) Resource Management Amendment Act 1996
231: Regulations validated
Any action taken or decision made under any regulation set out in Schedule 2