Environment Act 1986

1: Short Title and commencement
1: This Act may be cited as the Environment Act 1986.
2: This Act shall come into force on 1 January 1987.
2: Interpretation
In this Act, unless the context otherwise requires,— Commissioner consent
a: any Act specified in the Schedule
b: any regulation, rule, Order in Council, Proclamation, notice, or bylaw in force under any of those Acts:
c: any operative regional plan or district plan or proposed plan under the Resource Management Act 1991 and which it is necessary to obtain before the lawful commencement of any undertaking or activity which may affect the environment contaminant
a: changes or has the potential, when discharged into water, to change the physical, chemical, or biological condition of that water; or
b: changes or has the potential, when discharged onto or into land or into air, to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged ecosystem environment
a: ecosystems and their constituent parts including people and communities
b: all natural and physical resources; and
c: those physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes; 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 hazardous substance local authority section 5(1) Minister Ministry natural hazard natural and physical resources pollution pollutant public authority
a: a Minister of the Crown:
b: a government department:
c: any instrument of the Executive Government of New Zealand:
d: any local authority Secretary section 29 territorial sea section 3 , Contiguous Zone, Treaty of Waitangi Treaty of Waitangi Section 2 consent substituted 1 October 1991 section 362 Resource Management Act 1991 Section 2 contaminant substituted 1 October 1991 section 362 Resource Management Act 1991 Section 2 environment amended 1 October 1991 section 362 Resource Management Act 1991 Section 2 environment substituted 1 October 1991 section 362 Resource Management Act 1991 Section 2 environment added 1 October 1991 section 362 Resource Management Act 1991 Section 2 hazardous substance substituted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 2 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 pollution amended 1 October 1991 section 362 Resource Management Act 1991 Section 2 territorial sea amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
3: Act to bind the Crown
This Act shall bind the Crown.
1: Parliamentary Commissioner for the Environment
Administrative provisions
4: Parliamentary Commissioner for the Environment
1: There shall be appointed, as an officer of Parliament, a Parliamentary Commissioner for the Environment.
2: Subject to section 8
5: Commissioner not to hold other offices
The Commissioner shall not be capable of being a member of Parliament or of a local authority, and shall not, without the approval of the Speaker of the House of Representatives in each particular case, hold any office of trust or profit or engage in any occupation for reward outside the duties of the Commissioner's office.
6: Term of office of Commissioner
1: Except as otherwise provided in this Act, the Commissioner shall hold office for a term of 5 years, but may be reappointed from time to time.
2: Where the term for which the Commissioner has been appointed expires, the Commissioner, unless sooner resigning from office or removed from office, shall continue to hold office, by virtue of the appointment for the term that has expired, until—
a: the Commissioner is reappointed; or
b: a successor to the Commissioner is appointed.
3: The Commissioner may at any time resign from office by writing addressed to the Speaker of the House of Representatives, or to the Prime Minister if there is no Speaker or if the Speaker is absent from New Zealand.
7: Removal or suspension from office
1: Subject to subsection (2), the Commissioner may be removed or suspended from office only by the Governor-General, upon an address from the House of Representatives, for inability to perform the functions of the office
2: At any time when Parliament is not in session, the Commissioner may be suspended from office by the Governor-General in Council for inability to perform the functions of the office Section 7(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 7(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
8: Filling of vacancy
1: If the Commissioner dies, or resigns from office, or is removed from office, the vacancy thereby created shall be filled as soon as practicable in accordance with this section.
2: Subject to subsection (3), a vacancy in the office of Commissioner shall be filled by the appointment of a Commissioner by the Governor-General on the recommendation of the House of Representatives.
3: If—
a: a vacancy occurs while Parliament is not in session or exists at the close of a session; and
b: the House of Representatives has not recommended an appointment to fill the vacancy— the vacancy, at any time before the commencement of the next ensuing session of Parliament, may be filled by the appointment of a successor by the Governor-General in Council.
4: Any appointment made under subsection (3) shall lapse and the office shall again become vacant unless, before the end of the 24th sitting day of the House of Representatives following the date of the appointment, the House confirms the appointment.
9: Salary and allowances of Commissioner
1: There shall be paid to the Commissioner out of public money
a: a salary at such rate as the Remuneration Authority
b: such allowances as are from time to time determined by the Remuneration Authority
2: The salary of the Commissioner shall not be diminished during the continuance of the Commissioner's appointment.
3: Notwithstanding anything in subsection (1), there shall be paid to the Commissioner, in respect of time spent in travelling in the exercise of the Commissioner's functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
4: The Commissioner shall be entitled to such annual leave, sick leave, and other leave as may be determined by the Speaker of the House of Representatives.
5: The Commissioner shall not be regarded as being employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Section 9(1) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 9(1)﻿(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 9(1)﻿(b) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 9(4) substituted 1 April 1988 section 87 State Sector Act 1988 Section 9(5) amended 7 August 2020 section 135 Public Service Act 2020
10: Oath to be taken by Commissioner
1: Before entering upon the exercise of the duties of office the Commissioner shall take an oath that he or she will faithfully and impartially perform the duties of the office, and will not, except for the purposes of this Act, divulge any information received by the Commissioner under this Act.
2: The oath shall be administered by the Speaker or the Clerk of the House of Representatives.
11: Employees
1: The Commissioner may from time to time appoint such employees as may be necessary for the efficient carrying out of the Commissioner's functions, powers, and duties under this Act.
2: The Commissioner is responsible for negotiating, under the Employment Relations Act 2000
3: The Commissioner shall operate a personnel policy that complies with the principle of being a good employer.
4: No person so employed shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Section 11 substituted 1 April 1996 Environment Amendment Act 1996 Section 11(2) substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 11(4) amended 7 August 2020 section 135 Public Service Act 2020
12: Secondment of State servants to office of Commissioner
Section 12 repealed 1 April 1996 Environment Amendment Act 1996
13: Employment of consultants
1: The Commissioner may from time to time appoint any person with expert knowledge, or who is otherwise able to assist the Commissioner, to make such inquiries, conduct such research, and make such reports as the Commissioner considers will better enable the Commissioner to exercise and perform the Commissioner's powers and functions under this Act.
2: The Commissioner shall determine the terms and conditions under which any person is appointed under subsection (1). Section 13(2) substituted 1 April 1996 Environment Amendment Act 1996
14: Speaker may require staff to be made available to select committees
At the request of any select committee of the House of Representatives, the Speaker of the House of Representatives may require the Commissioner to make available any officer or employee holding office under section 11 section 12 section 13
15: Superannuation
For the purposes of the Government Superannuation Fund Act 1956 section 11 section 12 Functions and powers
16: Functions of Commissioner
1: The functions of the Commissioner shall be—
a: with the objective of maintaining and improving the quality of the environment, to review from time to time the system of agencies and processes established by the Government to manage the allocation, use, and preservation of natural and physical resources, and to report the results of any such review to the House of Representatives and to such other bodies or persons as the Commissioner considers appropriate:
b: where the Commissioner considers it necessary, to investigate the effectiveness of environmental planning and environmental management carried out by public authorities, and advise them on any remedial action the Commissioner considers desirable:
c: to—
i: investigate any matter in respect of which, in the Commissioner's opinion, the environment may be or has been adversely affected, whether through natural causes or as a result of the acts or omissions of any person or body, to an extent which the Commissioner considers warrants investigation; and
ii: advise, where necessary, the appropriate public authority and any other person or body the Commissioner thinks appropriate of the preventive measures or remedial action which the Commissioner considers should be taken; and
iii: report the results of the investigation to the House of Representatives:
d: at the request of the House of Representatives or any select committee of the House of Representatives, to report to the House or committee on any petition, Bill, or other matter before the House or committee the subject matter of which may have a significant effect on the environment:
e: on the direction of the House of Representatives, to inquire into any matter that has had or may have a substantial and damaging effect on the environment, and to report the results of the inquiry to the House:
f: to undertake and encourage the collection and dissemination of information relating to the environment:
g: to encourage preventive measures and remedial actions for the protection of the environment.
2: For the purposes of any inquiry held under subsection (1)﻿(e), the Commissioner shall have the same powers as are conferred on commissions of inquiry by section 4 sections 4B to 9
3: The Commissioner shall have, in relation to any such inquiry, and any report on the results of the inquiry, the same immunities and privileges as are possessed by a District Court Judge in the exercise of the Judge's civil jurisdiction.
17: Matters to which regard to be given
In the performance of the Commissioner's functions the Commissioner, where the Commissioner considers it appropriate, shall have regard, in particular but not exclusively, to—
a: the maintenance and restoration of ecosystems of importance, especially those supporting habitats or rare, threatened, or endangered species of flora or fauna:
b: areas, landscapes, and structures of aesthetic, archaeological, cultural, historical, recreational, scenic, and scientific value:
c: any land, water, sites, fishing grounds, or physical or cultural resources, or interests associated with such areas, which are part of the heritage of the tangata whenua and which contribute to their well-being:
d: the effects on communities of people of—
i: actual or proposed changes to natural and physical resources:
ii: the establishment or proposed establishment of new communities:
e: whether any proposals, policies, or other matters, the consideration of which is within the Commissioner's functions, are likely to—
i: result in or increase pollution; or
ii: result in the occurrence, or increase the chances of occurrence, of natural hazards or hazardous substances; or
iii: result in the introduction of species or genotypes not previously present within New Zealand (including the territorial sea); or
iv: have features, the environmental effects of which are not certain, and the potential impact of which is such as to warrant further investigation in order to determine the environmental impact of the proposal, policy, or other matter; or
v: result in the allocation or depletion of any natural and physical resources in a way or at a rate that will prevent the renewal by natural processes of the resources or will not enable an orderly transition to other materials:
f: all reasonably foreseeable effects of any such proposal, policy, or other matter on the environment, whether adverse or beneficial, short term or long term, direct or indirect, or cumulative:
g: alternative means or methods of implementing or providing for any such proposal, policy, or matter in all or any of its aspects, including the consideration, where appropriate, of alternative sites.
18: Powers of Commissioner
The Commissioner shall have such powers as may be necessary to enable the Commissioner to carry out the Commissioner's functions under this Act.
19: Power to obtain information
1: The Commissioner may from time to time require any person who in the Commissioner's opinion is able to give any information relating to any matter which is being investigated or inquired into by the Commissioner to furnish to the Commissioner any such information and to produce any documents or papers or things which in the Commissioner's opinion relate to any such matter and which may be in the possession or under the control of that person.
2: The Commissioner may summon before the Commissioner and examine on oath any person who in the Commissioner's opinion is able to give any such information, and for that purpose may administer an oath. Every such examination by the Commissioner shall be deemed to be a judicial proceeding within the meaning of section 108
3: Any person who is bound by the provisions of any enactment (other than the Public Service Act 2020 Official Information Act 1982
a: supply any information to the Commissioner; or
b: answer any question put by the Commissioner; or
c: produce any document, paper, or thing to the Commissioner— if compliance with the requirement would be in breach of the obligation of secrecy or non-disclosure.
4: Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and papers and things in accordance with this section as witnesses have in any court.
5: Except on the trial of any person for perjury within the meaning of the Crimes Act 1961
6: No person shall be liable to prosecution for an offence against any enactment, other than this Act, by reason of compliance with any requirement of the Commissioner under this section.
7: Where any person is required by the Commissioner to attend before the Commissioner for the purposes of this section, that person shall be entitled to the same fees, allowances, and expenses as if he or she were a witness in a court, and the provision of any regulations in force under the Criminal Procedure Act 2011 Section 19(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 19(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
20: Commissioner and staff to maintain secrecy, etc
1: The Commissioner and every person holding any office or appointment under the Commissioner shall be deemed for the purposes of sections 105 105A
2: Except for purposes connected with the administration of this Act or with the carrying out of the provisions of this Act, the Commissioner and every person holding any office or appointment under the Commissioner shall maintain secrecy in respect of all matters that come to their knowledge in the exercise and performance of their powers and functions under this Act.
3: Every person holding any office or appointment under the Commissioner, before beginning to perform any official duty under this Act, shall take an oath, to be administered by the Commissioner, that he or she will not divulge any information received under this Act except for purposes connected with the administration of this Act or with the carrying out of the provisions of this Act.
21: Commissioner's right to be heard in proceedings
1: In any proceedings in any way relating to or arising from the obtaining of, or any attempt to obtain, any consent, the Commissioner—
a: shall have the right to be present and be heard solely for the purpose of calling evidence on any matter (including evidence in rebuttal) that should be taken in account in determining the proceedings:
b: may examine, cross-examine, and re-examine witnesses:
c: may be represented by counsel or by any duly authorised representative— but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of witnesses.
2: Where the Commissioner appears in any proceedings pursuant to any of the provisions of subsection (1), the court, tribunal, or other body before which those proceedings are conducted, where it has power to award costs to or against parties to the proceedings, may make such order as it thinks just—
a: as to the payment by any party to the proceedings of the costs incurred by the Commissioner in so doing; or
b: as to the payment by the Commissioner of any costs incurred by any party to the proceedings by reason of the Commissioner's so doing.
3: Where any costs are so awarded to the Commissioner, the Commissioner may recover them in the same manner as parties to the proceedings may recover costs awarded to them.
22: Delegation of functions and powers
1: The Commissioner may from time to time, either generally or in respect of a specified matter or class of matters and subject to such conditions and restrictions as the Commissioner thinks fit, by writing, delegate any of the Commissioner's functions and powers to an officer or employee of the Commissioner.
2: The Commissioner shall keep at the Commissioner's office a copy of every instrument by which a delegation under subsection (1) is effected, and shall permit any person to inspect that instrument.
3: Notwithstanding subsection (1), the Commissioner shall not delegate the following powers or functions:
a: the power of delegation conferred by that subsection; or
b:
c:
d: the power to act as a commission of inquiry under section 16(2)
e: the function of reporting to the House of Representatives.
4: Any delegation under this section may be made to—
a: a specified person; or
b: a person of a specified class; or
c: the holder for the time being of a specified office or appointment; or
d: the holders for the time being of offices or appointments of a specified class.
5: Subject to any general or special directions given or conditions or restrictions imposed by the Commissioner, the person to whom any functions and powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
6: Where the Commissioner or any delegate of the Commissioner uses a written document to inform any other person of action taken by a delegate of the Commissioner, that written document—
a: shall state that the action was taken by a delegate of the Commissioner; and
b: shall give the delegate's name and office; and
c: shall inform that other person that a copy of the instrument of delegation may be inspected at the office of the Commissioner.
7: Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.
8: A delegation under this section shall not prevent the performance or exercise of any function or power by the Commissioner.
9: Until any such delegation is revoked, it shall continue in force according to its tenor. If the Commissioner by whom it was made ceases to hold office, it shall continue to have effect as if made by the Commissioner's successor. Section 22(3)﻿(b) repealed 1 April 1996 Environment Amendment Act 1996 Section 22(3)﻿(c) repealed 1 April 1996 Environment Amendment Act 1996
22A: Proceedings privileged
1: This section applies to—
a: the Commissioner; and
b: every person engaged or employed in connection with the work of the Commissioner.
2: Subject to subsection (3)—
a: no proceedings, civil or criminal, shall lie against any person to whom this section applies for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her duties under this Act, unless it is shown that he or she acted in bad faith:
b: no person to whom this section applies shall be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.
3: Nothing in subsection (2) applies in respect of proceedings for—
a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
b: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
c: the offence of attempting to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
4: Anything said or information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.
5: For the purposes of clause 3 Section 22A inserted 1 April 1996 Environment Amendment Act 1996 Section 22A(3)﻿(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 22A(3)﻿(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 22A(3)﻿(c) amended 28 September 2017 section 335 Intelligence and Security Act 2017
23: Annual report
Without limiting the right of the Commissioner to report at any other time, the Commissioner shall in each year make a report to the House of Representatives on the performance of the Commissioner's functions under this Act and on any other matter the Commissioner considers appropriate.
24: Offences
Every person commits an offence against this Act and is liable on
a: without lawful justification or excuse, wilfully obstructs, hinders, or resists the Commissioner or any other person in the exercise of his or her powers under this Part:
b: without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Commissioner or any other person under this Part:
c: wilfully makes any false statement to or wilfully misleads or attempts to mislead the Commissioner or any other person in the exercise of his or her powers under this Part:
d: represents directly or indirectly that he or she holds any authority under this Part when he or she does not hold that authority. Section 24 amended 1 July 2013 section 413 Criminal Procedure Act 2011
25: Money to be appropriated by Parliament for purposes of this Part
Except as otherwise provided in this Part, all salaries and allowances and other expenditure payable or incurred under or in the administration of this Part shall be payable out of money to be appropriated by Parliament for the purpose.
26: Audit
1: The House of Representatives shall appoint an auditor to audit the accounts of the Office of the Parliamentary Commissioner for the Environment.
2:
3: In carrying out the functions conferred by this section, the auditor shall have the same functions, duties, and powers as the Auditor-General Section 26 substituted 1 April 1996 Environment Amendment Act 1996 Section 26(2) repealed 1 July 2001 section 53 Public Audit Act 2001 Section 26(3) amended 1 July 2001 section 52 Public Audit Act 2001
27: Amending Official Information Act 1982
Section 27 repealed 1 April 1987 section 23(2)﻿(f) Official Information Amendment Act 1987
2: Ministry for the Environment
28: Ministry for the Environment
1: There is hereby established a department of State to be called the Ministry for the Environment.
2: The Ministry shall be under the control of the Minister.
29: Secretary for the Environment
There shall from time to time be appointed, under the Public Service Act 2020 Section 29 amended 7 August 2020 section 135 Public Service Act 2020
30: Other officers and employees of Ministry
There shall from time to time be appointed, under the Public Service Act 2020 Section 30 amended 7 August 2020 section 135 Public Service Act 2020
31: Functions of Ministry
The Ministry shall have the following functions:
a: to advise the Minister on all aspects of environmental administration, including—
i: policies for influencing the management of natural and physical resources and ecosystems so as to achieve the objectives of this Act:
ii: significant environmental impacts of public or private sector proposals, particularly those that are not adequately covered by legislative or other environmental assessment requirements currently in force:
iii: ways of ensuring that effective provision is made for public participation in environmental planning and policy formulation processes in order to assist decision making, particularly at the regional and local level:
b: to solicit and obtain information from any source, and to conduct and supervise research, so far as it is necessary for the formulation of advice to the Government on environmental policies:
c: to provide the Government, its agencies, and other public authorities with advice on—
i: the application, operation, and effectiveness of the Acts specified in the Schedule
ii: procedures for the assessment and monitoring of environmental impacts:
iii: pollution control and the co-ordination of the management of pollutants in the environment:
iv: the identification and likelihood of natural hazards and the reduction of the effects of natural hazards:
v: the control of hazardous substances, including the management of the manufacture, storage, transport, and disposal of hazardous substances:
d: to facilitate and encourage the resolution of conflict in relation to policies and proposals which may affect the environment:
e: to provide and disseminate information and services to promote environmental policies, including environmental education and mechanisms for promoting effective public participation in environmental planning:
f: generally to provide advice on matters relating to the environment:
g: to carry out any other functions that may be conferred on the Ministry by any enactment. Section 31(g) added 1 August 2003 section 53 Climate Change Response Act 2002
32: Matters to which regard to be given
In carrying out the Ministry's functions, every officer and employee of the Ministry, so far as is practicable, shall have regard to the matters set out in section 17(a) to (g)
33: Committees
1: The Minister may from time to time appoint such committees comprising 1 or more members as the Minister thinks fit to advise or otherwise assist the Minister or the Secretary on such matters relating to the functions of the Minister or the Ministry as the Minister may specify.
2: Every member of a committee shall hold office at the pleasure of the Minister.
3: Subject to any directions given to it by the Minister, every committee may regulate its own procedure.
4: Every such committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951
5: There may, if the Minister so directs, be paid to any member of a committee, out of money appropriated by Parliament for the purpose,—
a: remuneration by way of fees, salary, or allowances in accordance with the Fees and Travelling Allowances Act 1951
b: travelling allowances and travelling expenses in accordance with that Act in respect of time spent travelling in the service of such committee— and the provisions of that Act shall apply accordingly.
6: No person shall, by reason only of being a member of a committee, be regarded as being employed in the State services for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956 Section 33(6) amended 7 August 2020 section 135 Public Service Act 2020
34: Annual report
Section 34 repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004
35: Ombudsmen Act 1975 amended
Amendment(s) incorporated in the Act(s)