Resource Legislation Amendment Act 2017

1: Title
This Act is the Resource Legislation Amendment Act 2017.
2: Commencement
1: Subpart 2 Resource Management Act 1991 Part 4 Conservation Act 1987
2:
3: Part 5 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 1 June 2017
4: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent. 2017-10-18 Resource Management Act 1991 Conservation Act 1987 Crown Minerals Act 1991 Wild Animal Control Act 1977 refer section 2(1) — Part 1 subpart 2 (amendments to Resource Management Act 1991) and, Part 4 (amendments to Conservation Act 1987) and consequentials (Talked to Nicky A drafter to confirm this) — PJ 21/4/17 2017-06-01 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Environmental Protection Authority Act 2011 Maritime Transport Act 1994 refer section 2(3) — Part 5 (amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012) and consequentials (Talked to Nicky A drafter to confirm this) — PJ 21/4/17 2017-04-19 Resource Management Act 1991 Reserves Act 1977 Public Works Act 1981 Environmental Protection Authority Act 2011 Hazardous Substances and New Organisms Act 1996 Health and Safety at Work Act 2015 Marine and Coastal Area (Takutai Moana) Act 2011 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Resource Management Amendment Act 2005 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 refer section 2(4) — rest of this Act Section 2(2) repealed 1 July 2020 section 106 Resource Management Amendment Act 2020
1: Amendments to Resource Management Act 1991
3: Principal Act
This Part Resource Management Act 1991 principal Act
1: Amendments that commence on day after Royal assent
Amendments to Part 1 of principal Act
4: Section 2 amended (Interpretation)
1: In section 2(1) collaborative group clause 36 collaborative planning process combined document development capacity section 30(5)
2: In section 2(1) infrastructure , in section 30,
3: In section 2(1) iwi participation legislation section 58L Mana Whakahono a Rohe subpart 2 of Part 5 national planning standard section 58E
5: New section 3B inserted (Transitional, savings, and related provisions)
After section 3A
3B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 12 have effect according to their terms. Amendment to Part 2 of principal Act
6: Section 6 amended (Matters of national importance)
After section 6(g)
h: the management of significant risks from natural hazards. Amendments to Part 3 of principal Act
7: Section 12 amended (Restrictions on use of coastal marine area)
After section 12(6)
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)
8: Section 14 amended (Restrictions relating to water)
In section 14(3)(b)(ii) an individual’s a person’s
9: New section 18A and cross-heading inserted
After section 18 Procedure
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. Amendments to Part 4 of principal Act
10: Section 24 amended (Functions of Minister for the Environment)
1: After section 24(b)
ba: the approval of a national planning standard under section 58E
2: In section 24(f) national policy statements, national planning standards,
11: Section 29 amended (Delegation of functions by Ministers)
1: After section 29(1)(d)
da: approving, changing, replacing, or revoking a national planning standard under section 58E or 58H, other than to make changes that have no more than a minor effect, correct obvious errors or omissions, or make similar technical changes:
2: After section 29(4A)
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); and
b: under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.
3: After section 29(5)
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.
12: Section 30 amended (Functions of regional councils under this Act)
1: After section 30(1)(b)
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:
2: Repeal section 30(1)(c)(v)
3: In section 30(1)(d)(v) and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances
4: After section 30(4)
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) of the Land Transport Management Act 2003.
13: Section 31 amended (Functions of territorial authorities under this Act)
1: After section 31(1)(a)
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:
2: Repeal section 31(1)(b)(ii)
14: Section 32 amended (Requirements for preparing and publishing evaluation reports)
1: In section 32(3) statement, national planning standard,
2: In section 32(4) greater or lesser
3: After section 32(4)
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, the evaluation report must—
a: summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and
b: summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.
4: In section 32(5)(b) publicly
5: In section 32(6) proposal statement, national planning standard,
15: Section 32AA amended (Requirements for undertaking and publishing further evaluations)
1: In section 32AA(1)(d)(i)
a: after New Zealand coastal policy statement or a national planning standard
b: delete publicly
2: In section 32AA(3) statement, national planning standard,
16: Section 32A amended (Failure to carry out evaluation)
In section 32A(3) statement, national planning standard,
17: Section 34A amended (Delegation of powers and functions to employees and other persons)
After section 34A(1)
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 or 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.
18: Section 35 amended (Duty to gather information, monitor, and keep records)
1: After section 35(2)(c)
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
2: After section 35(2)
2AA: Monitoring required by subsection (2) must be undertaken in accordance with any regulations.
19: Section 35A amended (Duty to keep records about iwi and hapu)
1: In section 35A(1)(c) kaitiakitanga ; and
2: After section 35A(1)(c)
d: any Mana Whakahono a Rohe entered into under section 58O
20: Section 36 amended (Administrative charges)
1: In section 36(1) , subject to subsection (2),
2: After section 36(1)(cb)
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)
3: In section 36(1) Charges fixed under this subsection shall be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.
4: Replace section 36(2) to (8)
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 of the Local Government Act 2002; and
b: after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and
c: in accordance with section 36AAA
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 (which deal with rights of objection and appeal against certain decisions) apply in respect of the requirement by a local authority to pay an additional charge under subsection (5). Other matters
8: Section 36AAB
21: New sections 36AAA and 36AAB inserted
After section 36
36AAA: Criteria for fixing administrative charges
1: When fixing charges under section 36, a local authority must have regard to the criteria set out in this section.
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) (which relates to monitoring the state of the whole or part of the environment),—
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.
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 that would otherwise be payable.
2: Where a charge of a kind referred to in section 36 is payable to a local authority, the local authority need not perform the action to which the charge relates until the charge has been paid to it in full.
3: However, subsection (2) does not apply to a charge to which section 36(1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order).
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.
22: Section 39B amended (Persons who may be given hearing authority)
In section 39B(1)(f) Schedule 1 or given limited notification under clause 5A Amendments to Part 4A of principal Act
23: Section 42C amended (Functions of EPA)
After section 42C(d)
daa: to provide planning advice under section 149L to a board of inquiry:
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
24: New section 42CA inserted (Cost recovery for specified function of EPA)
After section 42C
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. Amendments to Part 5 of principal Act
25: Section 43AA amended (Interpretation)
In section 43AA proposed policy statement
a: after clause 5 of Schedule 1 , or given limited notification under clause 5A
b: replace clause 20 of Schedule 1 clause 20 of that schedule
26: Section 43AAC amended (Meaning of proposed plan)
In section 43AAC(1)(a)
a: after clause 5 of Schedule 1 or given limited notification under clause 5A
b: replace clause 20 of Schedule 1 clause 20 of that schedule
27: Cross-heading above section 43 replaced
Replace the cross-heading above section 43
1: National direction
National environmental standards
28: Section 43 amended (Regulations prescribing national environmental standards)
1: After section 43(2)(d)
da: non-technical methods or requirements:
2: After section 43(3)
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.
29: Section 43A amended (Contents of national environmental standards)
1: In section 43A(1)(f) permits or consents
2: In section 43A(2)(a)(i) standard , including the duration of a consent
3: After section 43A(7)
8: A national environmental standard may empower local authorities to charge for monitoring any specified permitted activities in the standard.
30: Section 43B amended (Relationship between national environmental standards and rules or consents)
1: Replace section 43B(3)
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.
2: In section 43B(5) granted under the district rules
3: Replace section 43B(6)
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)
a: if those permits or consents are granted before the date on which a relevant national environmental standard is notified in the Gazette
b: until a review of the conditions of the permit or consent under section 128(1)(ba) results in some or all of the standard prevailing over the permit or consent.
31: Section 43E amended (Relationship between national environmental standards and bylaws)
Replace section 43E(3)
3: A bylaw may be more lenient than a national environmental standard if the standard expressly specifies that the bylaw may be more lenient.
32: Section 43G repealed (Incorporation of material by reference in national environmental standards)
Repeal section 43G
33: Section 44 amended (Restriction on power to make national environmental standards)
1: Replace section 44(1) and (2)
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; and
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)
2: In section 44(3) steps in section 46A
34: Section 44A amended (Local authority recognition of national environmental standards)
Replace section 44A(2)(b)
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.
35: New section 45A inserted (Contents of national policy statements)
After section 45
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
36: Section 46 repealed (Proposed national policy statement)
Repeal section 46
37: Section 46A replaced (Minister chooses process)
Replace section 46A
46A: Single process for preparing national directions
1: This section and sections 47 to 51 set out the requirements for preparing a national direction.
2: In this section and sections 47 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; or
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) must be considered as if the references in that provision to a board of inquiry were references to the person who prepares the report and recommendations.
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 360H, the consultation under subsection (3) satisfies the requirement to consult the public and iwi authorities in relation to those regulations.
8: A national policy statement prepared in accordance with this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
38: Section 46B amended (Incorporation of material by reference in national policy statements)
1: In the heading to section 46B policy statements direction
2: In section 46B policy statement direction
39: Section 47 amended (Board of inquiry)
In section 47(1) policy statement direction
40: Section 48 amended (Public notification of proposed national policy statement and inquiry)
1: Replace the heading to section 48 Public notification of proposal for national direction and inquiry
2: In section 48(1) policy statement direction
3: In section 48(2)(a), (ab), and (b) policy statement direction
41: Section 49 amended (Submissions to board of inquiry)
In section 49(1) policy statement direction
42: Section 50 amended (Conduct of hearing)
In section 50(1) policy statement direction
43: Section 51 amended (Matters to be considered and board of inquiry’s report)
In section 51(1)(b) and (c) policy statement direction
44: Section 52 amended (Consideration of recommendations and approval or withdrawal of statement)
1: In section 52(1) The Minister,— In the case of a national policy statement, whether made in accordance with section 46A(3)(a) or (b)
2: In section 52(1)(a) section 51 section 46A(4)(c)
3: In section 52(1)(c)
a: replace a further an
b: replace section 32AA section 32
45: Section 55 amended (Local authority recognition of national policy statements)
1: In section 55(2)(b) statement ; or
2: After section 55(2)(b)
c: if it is necessary to make the document consistent with any constraint or limit set out in the statement.
3: In section 55(3) specified in directed by
4: Repeal section 55(4)
46: Section 56 amended (Purpose of New Zealand coastal policy statements)
In section 56 state objectives and
47: Section 57 amended (Preparation of New Zealand coastal policy statements)
In section 57(1) section 46A(1) section 46A(3)
48: Section 58 amended (Contents of New Zealand coastal policy statements)
In section 58
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.
49: Section 58A repealed (Incorporation of material by reference in New Zealand coastal policy statements)
Repeal section 58A
50: New sections 58B to 58K and cross-heading inserted
After section 58A National planning standards
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
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), a discharge, coastal, or water permit, or a land use consent required in relation to a regional rule.
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, or 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.
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 and have particular regard to that report before deciding whether to publicly notify the draft; and
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.
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 and have particular regard to that evaluation when deciding whether to approve the national planning standard.
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: The Minister must give notice of the approval of a national planning standard in the Gazette
4: National planning standards are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
58F: Publication of national planning standards and other documents
1: The Minister must ensure that—
a: public notice is given of the approval of a national planning standard; and
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)
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.
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 and 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 and 58E Gazette section 58F(2)
3: If the Minister wishes to revoke a national planning standard in whole or in part, the Minister—
a: must give the public and iwi authorities notice, with adequate time and opportunity to comment on the proposed revocation; but
b: may make the revocation and give notice of it in the manner provided for notification of a change in subsection (2).
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.
58I: Local authority recognition of national planning standards
1: In this section and sections 58J and 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; and
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 of the notification in the Gazette
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 in order to apply the provision to the local circumstances, but not to decide the content of the provision set by the national planning standard; and
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; and
d: make any consequential amendments to its documents needed to avoid duplication or inconsistency, but without using a process set out in Schedule 1; and
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; and
b: notify all amendments required under paragraph (a) not later than 1 year after the date of the notification in the Gazette
8: A local authority must also take any other action that is directed by a national planning standard.
9: This section and section 58J
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 is required, a local authority must make any amendments required not later than the fifth anniversary of the date on which the first set is notified in the 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 is required.
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. Publication of documents
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
51: New subpart 2 of Part 5 and new subpart 3 heading in Part 5 inserted
After section 58K section 50 2017
2: Mana Whakahono a Rohe: Iwi participation arrangements
58L: Definitions
In this subpart and Schedule 1,— area of interest initiating iwi authority section 58O(1) iwi participation legislation 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 Purpose and guiding principles
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), and 8.
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. Initiating Mana Whakahono a Rohe
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, 1 or more iwi authorities representing tangata whenua (the 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.
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)
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, and 58U
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. Contents
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, collaborative, or streamlined planning processes under Schedule 1; and
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: to conclude a Mana Whakahono a Rohe at a time other than that specified in section 58Q
iii: to complete a Mana Whakahono a Rohe at a later date ( 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.
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.
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 (the provision of information to the Minister):
b: section 35 (monitoring and record keeping).
5: Any additional reporting may be undertaken by agreement of the participating authorities.
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.
3: Local authority policy statements and plans
52: Section 61 amended (Matters to be considered by regional council (policy statements))
1: After section 61(1)(d)
da: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
2: In section 61(2) 62(2) 62(3)
53: Section 62 amended (Contents of regional policy statements)
1: Repeal section 62(1)(i)(ii)
2: In section 62(3) or New Zealand coastal policy statement , a New Zealand coastal policy statement, or a national planning standard
54: Section 65 amended (Preparation and change of other regional plans)
1: Replace section 65(3)(c)
c: any risks from natural hazards:
2: In section 65(4) set out in Part 2 of
3: In section 65(5) by the regional council in the manner set out in Schedule 1 in the manner set out in the relevant Part of Schedule 1
4: In section 65(7) local authority regional council
55: Section 66 amended (Matters to be considered by regional council (plans))
After section 66(1)(e)
ea: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
56: Section 67 amended (Contents of regional plans)
After section 67(3)(b)
ba: a national planning standard; and
57: Section 69 amended (Rules relating to water quality)
After section 69(3)
4: On and from the commencement of this subsection, Schedule 3 ceases to be applicable to fresh water.
58: Section 73 amended (Preparation and change of district plans)
1: Replace section 73(1)
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.
2: Replace section 73(1A)
1A: A district plan may be changed in the manner set out in the relevant Part of Schedule 1.
3: In section 73(2) set out in Part 2 or 5
59: Section 74 amended (Matters to be considered by territorial authority)
After section 74(1)(e)
ea: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
60: Section 75 amended (Contents of district plans)
After section 75(3)(b)
ba: a national planning standard; and
61: Cross-heading above section 78 repealed
Repeal the cross-heading above section 78
62: New cross-heading above section 79 inserted
Before section 79 Review
63: Section 79 amended (Review of policy statements and plans)
1: In section 79(2) Part 1 Parts 1, 4, or 5
2: In section 79(3)(b) Part 1 Parts 1, 4, or 5
3: In section 79(6) Part 1 Parts 1, 4, or 5
4: In section 79(7)(b) Part 1 Parts 1, 4, or 5
64: New cross-heading above section 80 inserted
Before section 80 Combined documents
65: Section 80 amended (Combined regional and district documents)
1: After section 80(6)
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.
2: In section 80(7) (6) (6B)
66: New subparts 4 and 5 of Part 5 and new subpart 6 heading in Part 5 inserted
After section 80
4: Collaborative planning process
80A: Use of collaborative planning process
1: This subpart, subpart 7 Part 4 clause 38
a: to prepare or change a proposed policy statement or plan:
b: to prepare or change a combined regional and district document under section 80.
2: If this subpart applies,—
a: clauses 1, 1A(1), 1B
b: the rest of Part 1 of Schedule 1 does not apply, except to the extent that it is expressly applied by this subpart or Part 4
5: Streamlined planning process
80B: Purpose, scope, application of Schedule 1, and definitions
1: This subpart and Part 5
2: Under this subpart, Schedule 1 applies as follows:
a: clauses 1A 6A
b: clauses 4, 9, 13, 21 to 27 (other than clauses 25(2)(a)(i) and (ii) and 26(b)), and 28(2) to (6) apply; but
c: the rest of Part 1 does not apply unless it is expressly applied by—
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; or
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.
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 local authority is satisfied that the application satisfies at least 1 of the following criteria:
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) of Schedule 1, a local authority must obtain the agreement of the person requesting the change before the local authority applies for a direction under this section.
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 or 5A
b: under clause 38
c: under clauses 25(2)(a)(i) and 26(b) of Schedule 1, in relation to a request for a private plan change.
6: Miscellaneous matters
67: Section 82 amended (Disputes)
1: In section 82(1)(c) New Zealand coastal policy statement or a national planning standard
2: In section 82(2) New Zealand coastal policy statement, a national planning standard,
3: In section 82(4) New Zealand coastal policy statement or a national planning standard
4: In section 82(4) the other policy statement or a national planning standard
5: In section 82(4) section 55 or 58I
6: In section 82(5) the other policy statement or a national planning standard
7: In section 82(5) purpose of the policy statement, national planning standard,
8: In section 82(6) section 55(2) , and giving effect to the national planning standard includes giving effect to it by complying with section 58I(2)
68: Section 85 amended (Compensation not payable in respect of controls on land)
1: Replace the heading to section 85 Environment Court may give directions in respect of land subject to controls
2: In section 85(2)(a) Part 1 of
3: Replace section 85(3) and (4)
3: Subsection (3A) applies in the following cases:
a: on an application to the Environment Court to change a plan under clause 21 of Schedule 1:
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, as long as—
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 (including the effect of section 9(3); and
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 of Schedule 1.
4: Replace section 85(5) to (7)
5: Nothing in subsections (3) to (3D) limits the powers of the Environment Court under clause 15 of Schedule 1 on an appeal under clause 14 of that schedule.
6: In this section,— provision of a plan or proposed plan reasonable use
69: Section 86 amended (Power to acquire land)
In section 86(2) section 185 and section 198 sections 85(3A)(a)(ii)
70: Cross-heading above section 86A replaced
Replace the cross-heading above section 86A
7: Legal effect of rules
71: Section 86A amended (Purpose of sections 86B to 86G)
In section 86A(1) or change described in section 86B(6)
72: Section 86B amended (When rules in proposed plans and changes have legal effect)
1: In the heading to section 86B and changes
2: In section 86B(2)(a) publicly
3: In section 86B(2)(b) public
73: Section 86D amended (Environment Court may order rule to have legal effect from date other than standard date)
1: In section 86D(1)(a) or change
2: In section 86D(1)(b) or (6)
74: Section 86E amended (Local authorities must identify rules having early or delayed legal effect)
1: In section 86E(1)(a) clause 5 , or given limited notification under clause 5A
2: Repeal section 86E(2)
3: In section 86E(3) or change
4: In section 86E(3) or (2)
75: Section 86F amended (When rules in proposed plans must be treated as operative)
In section 86F
2: However, until the decisions have been given under clause 10(4) of Schedule 1 on all submissions, subsection (1) does not apply to the rules in a proposed plan that was given limited notification.
76: Section 86G amended (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: In section 86G(1) or a change
2: In section 86G(1) or change Amendments to Part 6 of principal Act
77: Section 123A amended (Duration of consent for aquaculture activities)
1: In section 123A(2)(b) managed ; or
2: After section 123A(2)(b)
c: a national environmental standard expressly allows a shorter period.
78: Section 128 amended (Circumstances when consent conditions can be reviewed)
Replace section 128(1)(ba)
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
79: Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)
1: In section 139(13)(c) making the request ; and
2: After section 139(13)(c)
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. Amendments to Part 6AA of principal Act
80: Section 141 amended (Interpretation)
1: In section 141 matter local authority) or part of such a request
2: In section 141 matter local authority) or part of such a request
3: In section 141 matter plan or part of a change to a plan
4: In section 141 matter plan or part of a variation to a proposed plan
81: Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)
After section 142(3)(a)(iii)
iiia: gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) of the definition of matter in section 141; or
82: Section 144 amended (Restriction on when Minister may call in matter)
Replace section 144(a)
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
83: Section 149C amended (EPA must give public notice of Minister's direction)
After section 149C(3)(e)
ea: specify an electronic address for sending submissions; and
84: Section 149E amended (EPA to receive submissions on matter if public notice of direction has been given)
1: After section 149E(3)
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)
2: In section 149E(9) 20 working days 30 working days
85: Section 149F amended (EPA to receive further submissions if matter is request, change, or variation)
1: After section 149F(2)(d)
da: an electronic address for sending further submissions; and
2: After section 149F(5)
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)
86: Section 149G amended (EPA must provide board or court with necessary information)
In section 149G(3)(a) New Zealand coastal policy statement, a national planning standard,
87: Section 149J amended (Minister to appoint board of inquiry)
1: In section 149J(3)(b) must be may (but need not) be
2: After section 149J(3)
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.
88: Section 149K amended (How members appointed)
Replace section 149K(4)
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.
89: New section 149KA inserted (EPA may make administrative decisions)
After section 149K
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).
90: Section 149L amended (Conduct of inquiry)
Replace section 149L(2) to (4)
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
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.
91: Section 149O amended (Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N)
1: Replace section 149O(2)
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.
2: In section 149O(4) 20 working days 30 working days
3: After section 149O(4)
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)
92: Section 149Q repealed (Board to produce draft report)
Repeal section 149Q
93: Section 149R amended (Board to produce final report)
1: In the heading to section 149R final
2: Replace section 149R(1)
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.
3: In section 149R(2) do everything under subsection (1) perform the duties in subsection (1)
4: Replace section 149R(2A) and (2B)
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) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).
5: In section 149R(3)(e) New Zealand coastal policy statement or to a national planning standard
6: In section 149R(3)(f) New Zealand coastal policy statement, a national planning standard,
7: In section 149R(4) must send must provide
8: After section 149R(7)
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).
94: Section 149RA amended (Minor corrections of board decisions, etc)
In section 149RA(1) minor mistakes or defects minor omissions, errors, or other defects
95: Section 149S amended (Minister may extend time by which board must report)
After section 149S(3)
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) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).
96: New sections 149ZF and 149ZG inserted
After section 149ZE
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); and
b: the requirement to pay is final, in that the person who is required to pay—
i: has not objected under section 357B or appealed under section 358 within the time permitted by this Act; or
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.
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); and
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 or appeal under section 358, but an objection or an appeal does not affect the right of the EPA under subsection (2) of this section to cease carrying out its functions. Amendments to Part 8 of principal Act
97: Section 170 amended (Discretion to include requirement in proposed plan)
1: In section 170 publicly
2: In section 170
2: To obtain consent for the purposes of subsection (1), (4), or (8), the territorial authority must—
a: notify the requiring authority as to which planning process it intends to use under Schedule 1; and
b: seek the consent of the requiring authority to use that planning process for considering the requirement; and
c: if a collaborative planning process is to be used, inform the requiring authority that it must nominate a representative for appointment to the collaborative group. Where proposal is to use collaborative planning process
3: Subsection (4) applies if a territorial authority—
a: receives notice of a requirement under section 168; and
b: proposes to notify that it will use a collaborative planning process under clause 38
4: If this subsection applies, the territorial authority may, if the requiring authority consents,—
a: include the requirement with the matters that will be subject to the proposed plan when it gives a notice under clause 38
b: include the requirement in the terms of reference set under clause 41
5: If the requiring authority agrees to be part of the relevant collaborative group, the provisions of Part 4
6: If the requiring authority does not agree to be part of the collaborative group, or withdraws from the group before the group delivers its report under clause 44 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; and
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.
98: Section 189 amended (Notice of requirement to territorial authority)
1: After section 189(1)
1A: However, a heritage protection authority that is a body corporate approved under section 188 must not give notice of a requirement for a heritage order in respect of any place or area of land that is private land.
2: After section 189(5)
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 of the State-Owned Enterprises Act 1986; and
d: Crown entities within the meaning of section 7 of the Crown Entities Act 2004; and
e: the mixed ownership model companies named in Schedule 5 of the Public Finance Act 1989; and
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 of Te Ture Whenua Maori Act 1993; and
ii: land held by a person under a lease or licence granted to the person by the Crown.
99: New sections 195B and 195C inserted
After section 195A
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)
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 Amendments to Part 11 of principal Act
100: Section 265 amended (Environment Court sittings)
In section 265(1)(c) Principal Environment Judge or an Environment Judge
101: Section 267 amended (Conferences)
Replace section 267(1)
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, to be present at a conference presided over by a member of the court.
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.
102: Section 268 replaced (Alternative dispute resolution)
Replace section 268
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
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.
103: Section 276 amended (Evidence)
After section 276(3)
4: This section applies subject to section 277A
104: New section 277A inserted (Powers of Environment Court in relation to evidence heard on appeal by way of rehearing)
After section 277
277A: Powers of Environment Court in relation to evidence heard on appeal by way of rehearing
1: This section applies to an appeal brought by way of a rehearing under clause 60
2: In conducting the appeal, the Environment Court has full discretion to rehear all or any part of the evidence received by the local authority or panel whose decision is the subject of the appeal.
3: The Environment Court must rehear the evidence of a witness if the court has reason to believe that the record of evidence of that person made by direction of the local authority or panel is or may be incomplete in any material way.
4: A party to the appeal may introduce new evidence with the leave of the Environment Court.
5: The Environment Court may grant leave under subsection (4), but only if it considers that the proposed new evidence was not able to be produced at the hearing conducted by the local authority or panel.
105: Section 279 amended (Powers of Environment Judge sitting alone)
After section 279(4)
5: In the case of an appeal under section 120, in addition to exercising the powers conferred by subsections (1) to (4), an Environment Judge sitting alone may—
a: exercise any other powers of the Environment Court that may be conferred by the Principal Environment Judge either generally or in relation to a particular matter; and
b: exercise those powers on any terms and conditions that the Principal Environment Judge may think fit.
106: Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)
1: After section 280(1)
1AA: If proceedings relate to an appeal under section 120, 1 or more Environment Commissioners sitting without an Environment Judge may,—
a: in relation to a particular matter, exercise any of the powers conferred by section 279(1) to (4) on an Environment Judge sitting alone that may be conferred by the Environment Judge after a conference held under section 267 in relation to that matter; and
b: exercise the powers referred to in paragraph (a) on any terms and conditions that the Environment Judge may think fit.
2: Repeal section 280(1A)
107: Section 281A replaced (Registrar may waive, reduce, or postpone payment of fee)
Replace section 281A
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.
108: Section 293 amended (Environment Court may order change to proposed policy statements and plans)
1: In section 293(3)(b) the a
2: After section 293(3)(b)
ba: a national planning standard:
3: In section 293(5)(a) the New Zealand coastal policy statement, a New Zealand coastal policy statement, a national planning standard, Amendment to Part 11A of principal Act
109: Section 308B amended (Limit on making submissions)
In section 308B(3) clause 6(4) or 29(1B) of Amendments to Part 12 of principal Act
110: Section 310 amended (Scope and effect of declaration)
1: In section 310(b)(i) New Zealand coastal policy statement or a national planning standard
2: In section 310(ba)(i) for the region or a relevant provision or proposed provision of a national planning standard
3: In section 310(bb)(i) regional policy statement or a relevant provision or proposed provision of a national planning standard Amendments to Part 14 of principal Act
111: Section 352A amended (Mode of service of summons on master or owner of ship)
In section 352A(4) Registrar section 2(1) section 5
112: Section 357B amended (Right of objection in relation to imposition of additional charges or recovery of costs)
In section 357B(a) section 36(3) section 36(5)
113: Section 357D amended (Decision on objections made under sections 357 to 357B)
In section 357D(1)(c) section 36(3) section 36(5)
114: Section 360 amended (Regulations)
1: After section 360(1)(b)
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:
2: In section 360(1)(ba) under this Act (including offences prescribed under paragraph (ho))
3: Replace section 360(1)(bb)
bb: prescribing forms for infringement notices and any particulars to be contained in infringement notices, including infringement fees (which may be different fees for different offences)—
i: not exceeding a fee of $2,000 for each infringement offence prescribed under paragraph (ho):
ii: not exceeding a fee of $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 $2,000 for each infringement offence:
iii: not exceeding a fee of $1,000 in any other case:
4: After section 360(1)(d)
da: prescribing the form and content (including conditions) of water permits and discharge permits:
5: In section 360(1)(hk) section 35(2)(a)(ii) section 35(2) and (2AA)
6: After section 360(1)(hk)(i)
ia: matters by reference to which monitoring must be carried out:
7: After section 360(1)(hm)
hn: prescribing measures for the purpose of excluding stock from water bodies, estuaries, and coastal lakes and lagoons, including regulations that—
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, and coastal lakes and lagoons or to specified kinds of water bodies, estuaries, and coastal lakes and lagoons:
iii: apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, and coastal lakes and lagoons:
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) and 76(2), a more stringent rule in a plan prevails over a regulation made under paragraph (hn):
8: After section 360(2)
2AA: Any consultation undertaken before the commencement of subsection (1)(bb), (hn), or (ho), in relation to a regulation made under those paragraphs, satisfies the consultation requirements in relation to that regulation.
9: After section 360(2E)
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 for changing a plan or proposed plan; and
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.
115: Section 360B amended (Conditions to be satisfied before regulations made under section 360A)
After section 360B(2)(c)(iii)(B)
BA: a national planning standard; and
116: New sections 360D, 360E, and 360F inserted
After section 360C
360D: Regulations that prohibit or remove certain rules
1: The Governor-General may, by Order in Council made on the recommendation of the Minister but subject to subsection (2)
2: Subsection (1) does not apply to rules or types of rules that regulate the growing of crops that are genetically modified organisms.
3: In subsection (2), genetically modified organisms
4: Regulations made under this section may require that rules inconsistent with those regulations be withdrawn or amended—
a: to the extent necessary to remove the inconsistency; and
b: as soon as practicable after the date on which the regulations come into force; but
c: without using any of the processes under Schedule 1 for changing a plan or proposed plan.
5: If regulations include a requirement under subsection (4), their withdrawal or amendment must be publicly notified by the local authority not later than 5 working days after they have been withdrawn or amended.
6: Regulations made under this section—
a: may specify, 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; and
b: may apply—
i: generally; or
ii: to any specified district or region; or
iii: to any specified part of New Zealand.
7: Section 360(2) and (4) applies to regulations made under this section.
360E: Procedures relevant to making rules under section 360D
Before recommending that regulations be made under section 360D
a: notify the public, relevant local authorities, and relevant iwi authorities of the proposed regulations; and
b: establish a process that—
i: the Minister considers gives the public, the relevant local authorities, and the relevant 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 the comments received under subparagraph (i); and
c: ensure that an evaluation report is prepared under section 32; and
d: have particular regard to that report when deciding whether to recommend that regulations be made; and
e: publicly notify the report and recommendation required under paragraph (b)(ii).
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); but
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), where a hearing is held:
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).
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. Amendment to Part 15 of principal Act
117: Section 401B amended (Obligation to pay coastal occupation charge deemed condition of consent)
Replace section 401B(a)
a: authorises the holder to occupy any part of the common marine and coastal area; and Part 16 of principal Act repealed
118: Part 16 repealed
Part 16 Amendments to Schedule 1 of principal Act
119: Schedule 1 amended
Amend Schedule 1 as set out in Schedule 1 Amendment to Schedule 1AA of principal Act
120: Schedule 1AA amended
In Schedule 1AA
4: Any material or documents that may be incorporated by reference under this schedule may be in electronic form, and may include any electronic tools, models, and databases that are appropriate for inclusion in a national environmental standard, a national policy statement, or a New Zealand coastal policy statement.
5: A requirement to provide a copy of any material or document incorporated by reference under this schedule is satisfied if an electronic copy is provided. Amendments to Schedule 4 of principal Act
121: Schedule 4 amended
In Schedule 4
a: clause 6(1)(c), delete substances and
b: clause 7(1)(f), delete or the use of hazardous substances Amendments to Schedule 12 of principal Act
122: Schedule 12 amended
Amend Schedule 12 Schedule 2 Consequential amendments commencing on day after Royal assent
123: Consequential amendments commencing on day after Royal assent
Amend the enactments specified in Schedule 3
2: Amendments that commence 6 months after Royal assent
Amendments to Part 1 of principal Act
124: Section 2 amended (Interpretation)
1: In section 2(1) boundary activity boundary rule section 87AAB fast-track application section 87AAC infringed boundary section 87AAB public boundary section 87AAB
2: In section 2(1), replace the definition of public notice public notice section 2AB
125: Section 2AA amended (Definitions relating to notification)
Replace section 2AA(2)
2: In this Act, unless the context otherwise requires,— affected customary marine title group affected person section 95E or 149ZCF affected protected customary rights group limited notification 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), or 190(1)
c: serving notice of the application or matter on every prescribed person.
126: New section 2AB inserted (Meaning of public notice)
After section 2AA
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. Amendments to Part 3 of principal Act
127: Section 11 amended (Restrictions on subdivision of land)
1: Replace section 11(1)(a)
a: a subdivision permitted by subsection (1A); or
2: After section 11(1)
1A: A person may subdivide land under subsection (1)(a) if—
a: either—
i: the subdivision is expressly allowed by a resource consent; or
ii: the subdivision does not contravene a national environmental standard, a rule in a district plan, or a rule in a proposed district plan for the same district (if there is one); and
b: the subdivision is shown on a survey plan that is—
i: deposited under Part 10 by the Registrar-General of Land, in the case of a survey plan described in paragraph (a)(i) or (b) of the definition of survey plan in section 2(1); or
ii: approved as described in section 228 by the Chief Surveyor, in the case of a survey plan described in paragraph (a)(ii) of the definition of survey plan in section 2(1). Amendments to Part 4 of principal Act
128: Section 35 amended (Duty to gather information, monitor, and keep records)
In section 35(5)(ga) 37 , 87BA, 87BB
129: Section 36 amended (Administrative charges)
After section 36(1)(ad), insert:
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 or 87BB
af: charges payable by a person making an objection under section 357A(1)(f) or (g), if the person requests under section 357AB
130: Section 41A amended (Control of hearings)
In section 41A section 41B or section 41C any of sections 41B to 41D
131: Section 41C amended (Directions and requests before or at hearings)
Repeal section 41C(7) to (9)
132: New section 41D inserted (Striking out submissions)
After section 41C
41D: Striking out submissions
1: An authority conducting a hearing on a matter described in section 39(1) may direct that a submission or part of a submission be struck out if the authority is satisfied that at least 1 of the following applies to the submission or the part:
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. Amendment to Part 5 of principal Act
133: Section 48 amended (Public notification of proposed national policy statement and inquiry)
Replace section 48(1)
1: As soon as practicable after its appointment, a board of inquiry must ensure that—
a: public notice of the proposed national policy statement and inquiry is given; and
b: a copy of the short summary of the notice referred to in section 2AB(1)(b) Amendments to Part 6 of principal Act
134: New sections 87AAB to 87AAD inserted
After section 87AA
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
87AAC: Meaning of fast-track application
1: An application is a fast-track application
a: the application is for a resource consent for 1 or both of the following, but no other, activities:
i: a controlled activity that requires consent under a district plan (other than a subdivision of land):
ii: an activity prescribed, or identified in the manner prescribed, under section 360G(1)(a)
b: the application 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, request the applicant to provide any of the information referred to in 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.
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) and 95B(7)
c: the right of appeal under section 120 against the whole or any part of a decision of a consent authority is excluded unless the decision relates to a resource consent for a non-complying activity.
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.
135: New sections 87BA and 87BB inserted
After section 87B
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.
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.
136: Section 88 amended (Making an application)
1: Replace section 88(2)(b)
b: in the case of a fast-track application, include the prescribed information relating to the activity (if any) ( see section 360G(1)(b)
c: in the case of any other application or a fast-track application where there are no prescribed information requirements relating to the activity, include the information relating to the activity, including an assessment of the activity's effects on the environment, that is required by Schedule 4.
2: Replace section 88(3)(b)
b: include the information required by subsection (2)(b) or (c) (as applicable).
137: Sections 95 to 95B replaced
Replace sections 95 to 95B
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 and 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.
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: a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity:
iii: a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity:
iv: a prescribed activity ( see section 360H(1)(a)(i)
6: In subsection (5), residential activity 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, that the activity will have or is likely to have adverse effects on the environment that are more than minor. 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
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; and
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 resource consent for either or both of the following, but no other, activities:
i: a controlled activity that requires consent under a district plan (other than a subdivision of land):
ii: a prescribed activity ( see section 360H(1)(a)(ii) Step 3: if not precluded by step 2, certain other affected persons must be notified
7: Determine whether, in accordance with section 95E
a: in the case of a boundary activity, an owner of an allotment with an infringed boundary; and
b: in the case of any activity prescribed under section 360H(1)(b)
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.
138: Section 95C amended (Public notification of consent application after request for further information or report)
In section 95C(1) Despite section 95A(1), a consent authority must publicly notify an application for a resource consent if A consent authority must publicly notify an application for a resource consent ( see section 95A(2) and (3)
139: Section 95D amended (Consent authority decides if adverse effects likely to be more than minor)
1: In section 95D section 95A(2)(a) section 95A(8)(b)
2: In section 95D(c)
a: delete controlled or
b: delete reserves control or
140: Section 95E replaced (Consent authority decides if person is affected person)
Replace section 95E
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) (as applicable), a person is an 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).
141: Section 95F amended (Status of protected customary rights group)
1: In the heading to section 95F Status of Meaning of affected
2: In section 95F A consent authority must decide that a protected customary rights group is an affected protected customary rights group A protected customary rights group is an affected protected customary rights group
142: Section 95G amended (Status of customary marine title group)
1: In the heading to section 95G Status of Meaning of affected
2: In section 95G A consent authority must decide that a customary marine title group is an affected customary marine title group A customary marine title group is an affected customary marine title group
143: Section 104 amended (Consideration of applications)
After section 104(1)(a)
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
144: Section 104D amended (Particular restrictions for non-complying activities)
In section 104D(1) for the purpose of section 95A(2)(a) for the purpose of notification
145: Section 106 amended (Consent authority may refuse subdivision consent in certain circumstances)
1: Replace section 106(1)(a) and (b)
a: there is a significant risk from natural hazards; or
2: After section 106(1)
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).
146: Section 108 amended (Conditions of resource consents)
In section 108(1) subject to any regulations subject to section 108AA
147: New section 108AA inserted (Requirements for conditions of resource consents)
After section 108
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 both 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; or
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 (power to make rules to apply to classes of activities and specify conditions), 106 (consent authority may refuse subdivision consent in certain circumstances), or 220 (condition of subdivision consents).
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) (which enables a resource consent to include a condition requiring a financial contribution).
148: Section 115 amended (Time limits for notification of decision)
After section 115(4)
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.
149: Section 120 amended (Right to appeal)
1: After section 120(1)
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 1 or more of the following, but no other, activities:
a: a boundary activity, unless the boundary activity is a non-complying activity:
b: a subdivision, unless the subdivision is a non-complying activity:
c: a residential activity as defined in section 95A(6)
1B: A person who has a right of appeal under subsection (1)(b) may appeal only in respect of a matter raised in the person’s submission (excluding any part of the submission that is struck out under section 41D
2: In section 120(2) sections 357A, 357AB
150: Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)
1: After section 139(8)
8A: The authority must not issue a certificate if a notice for the activity is in force under section 87BA(1)(c) or 87BB(1)(d)
2: In section 139(9) 357A , 357AB
3: In section 139(12) 120 120(1) or (2)
151: Section 139A amended (Consent authorities to issue existing use certificates)
1: In section 139A(9) 119 , 120(1A) and (1B)
2: In section 139A(10) 357A , 357AB Amendments to Part 6AA of principal Act
152: Section 149ZB amended (How EPA must deal with certain applications and notices of requirement)
In section 149ZB(3) sections 95A to 95G sections 149ZCB to 149ZCF
153: Section 149ZC amended (Minister to decide whether application or notice of requirement to be notified)
1: Replace section 149ZC(2)
2: The Minister must apply sections 149ZCB to 149ZCF
2: In section 149ZC(4) (but ignoring the time limit specified by section 95)
154: New sections 149ZCA to 149ZCF inserted
After section 149ZC
149ZCA: Application of sections 149ZCB to 149ZCF
Sections 149ZCB to 149ZCF
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 apply.
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) applies.
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), but the applicant—
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.
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.
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. Amendment to Part 7 of principal Act
155: Section 151 amended (Interpretation)
In section 151 public notice Amendment to Part 7A of principal Act
156: Section 165C amended (Interpretation)
In section 165C public notice section 151 section 2AB Amendments to Part 8 of principal Act
157: Section 168A amended (Notice of requirement by territorial authority)
1: Replace section 168A(1A)
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, and 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), but the territorial authority—
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) in relation to the commissioning of a report, but the territorial authority—
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.
2: Replace section 168A(2)
2: Sections 96, 97, and 99 to 103 apply to the notice of requirement with all necessary modifications and as if—
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.
3: After section 168A(3)
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.
158: Section 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
1: Replace section 169(1)
1: If a territorial authority is given notice of a requirement under section 168, the territorial authority must, within 10 working days, decide whether to notify the notice under—
a: subsection (1A); or
b: sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 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), but the requiring 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 requiring authority under section 92(2)(b) that it wants to commission a report, but the requiring authority—
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: Replace section 169(2)
2: Unless the territorial authority applies section 170, sections 92 to 92B and 96 to 103 apply to the notice of requirement with all necessary modifications and as if—
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.
159: Section 171 amended (Recommendation by territorial authority)
After section 171(1)
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.
160: Section 189A amended (Notice of requirement for heritage order by territorial authority)
1: Replace section 189A(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, and 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), but the territorial authority—
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) in relation to the commissioning of a report, but the territorial authority—
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.
2: Replace section 189A(9)
9: Sections 99 to 103 apply to the notice of requirement with all necessary modifications and as if—
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.
161: Section 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
1: Replace section 190(1)
1: If a territorial authority is given a notice of requirement under section 189, the territorial authority must decide whether to notify the notice under—
a: subsection (1A); or
b: sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 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) that it wants to commission a report, but the heritage protection authority—
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: Replace section 190(7)
7: Sections 92 to 92B and 98 to 103 apply to the notice of requirement with all necessary modifications and as if—
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.
162: Section 198AD amended (Excluded time periods relating to other matters)
In section 198AD(1) 95E(3) 149ZCF(3) Amendment to Part 9 of principal Act
163: Section 204 amended (Public notification of application)
Replace section 204(1)(a)
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) Amendments to Part 10 of principal Act
164: Section 220 amended (Condition of subdivision consents)
In section 220(1)(d)
a: replace erosion, subsidence, slippage, or inundation natural hazards
b: replace subsidence, slippage, erosion, or inundation natural hazards Amendments to Part 14 of principal Act
165: Section 352 amended (Service of documents)
1: Replace section 352(1)
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)
2: In section 352(4A)(b) email address electronic address
3: In section 352(5) subsection (1)(c) or (d) subsection (1)(b)(iii) or (iv)
166: Section 357 amended (Right of objection against certain decisions)
In section 357(2) section 41C(7) section 41D
167: New section 357AB inserted (Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner)
After section 357A
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) (as applied by section 357A(2) to (5)) may, when making the objection, request that the objection be considered by a hearings commissioner.
2: If a consent authority receives a request under this section, the authority must, under section 34A(1), delegate its functions, powers, and duties under sections 357C and 357D to 1 or more hearings commissioners who are not members of the consent authority.
168: Section 357C amended (Procedure for making and hearing objection under sections 357 to 357B)
After section 357C(2)
2A: A notice of an objection made under section 357A(1)(f) or (g) may include a request that the objection be considered by a hearings commissioner instead of by the consent authority.
169: New section 357CA inserted (Powers of hearings commissioner considering objection under section 357A(1)(f) or (g))
After section 357C
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.
170: Section 358 amended (Appeals against certain decisions or objections)
1: In section 358(1) Appeals from objections under section 357(3A), (4), or (8) or, for objections only to a board of inquiry, under section 357(2) are excluded.
2: After section 358(1)
1A: However, appeals from the following objections are excluded:
a: an objection under section 357A(1)(f) or (g) in respect of a decision of a consent authority or hearings commissioner on an application or a review described in section 357A(2) to (5), if the right of appeal against the decision to the Environment Court in the first instance is excluded by section 120(1A):
b: an objection to an authority under section 357(2), if the submission relates to an application for a resource consent, a review of a resource consent, or an application to change or cancel a condition of a resource consent:
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).
171: Section 360 amended (Regulations)
1: In section 360(1)(hi) sections 41B and 41C sections 41B to 41D
2: In section 360(1)(hj) section 127 , or for decisions on activities permitted under section 87BA(1)(c)
172: Section 360F amended (Regulations relating to administrative charges and other amounts)
After section 360F(2)(c) section 116
d: may require local authorities to fix charges listed in section 36(1) for notices issued under section 87BA or 87BB
173: New sections 360G and 360H inserted
After section 360F section 116
360G: Regulations relating to fast-track applications
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing, for the purpose of section 87AAC
b: prescribing, for the purpose of section 88(2)(b)
2: The Minister—
a: must not recommend that regulations be made under subsection (1)(a) unless he or she is satisfied that the scale and complexity of the activities are unlikely to warrant a consent authority taking more than 10 working days to notify an applicant of the authority's decision on a relevant application; and
b: must not recommend that regulations be made under subsection (1)(b) unless he or she is satisfied that the prescribed information requirements are proportional to the likely effects of activities that may be the subject of a fast-track application.
3: In subsection (2), relevant application
4: Section 360(2) and (4) applies to regulations made under this section.
360H: Regulations relating to notification of consent applications
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing particular activities or classes of activities, or the methods or criteria that a consent authority must use to identify particular activities or classes of activities,—
i: for the purpose of section 95A(5)(b)(iv)
ii: for the purpose of section 95B(6)(b)(ii)
b: prescribing, for the purpose of section 95B(7)
i: particular activities or classes of activities, or the methods or criteria that a consent authority must use to identify particular activities or classes of activities:
ii: particular persons or classes of persons, or the methods or criteria that a consent authority must use to identify particular persons or classes of persons.
2: The Minister must not—
a: make a recommendation for the purpose of subsection (1)(a)(i) unless the Minister is satisfied that the nature and likely effects of the activities are unlikely to warrant public notification of a relevant application or review in accordance with section 95D; or
b: make a recommendation for the purpose of subsection (1)(a)(ii) unless the Minister is satisfied that the nature and likely effects of the activities are unlikely to warrant limited notification of a relevant application or review in accordance with section 95B(1) to (9)
c: make a recommendation for the purpose of subsection (1)(b) unless the Minister is satisfied that the nature and likely effects of the activities referred to in subsection (1)(b)(i) are unlikely to warrant limited notification of a relevant application or review in accordance with section 95B section 95B(8)
3: In subsection (2), relevant application or review
4: Section 360(2) and (4) applies to regulations made under this section. Amendment to Schedule 1 of principal Act
174: Schedule 1 amended
1: In Schedule 1 clause 10
10A: Application to Minister for extension of time
1: A local authority must, before the time for making its decision under clause 10, apply to the Minister for an extension of the time for giving a decision under that clause if the local authority is unable, or is likely to be unable, to meet the requirement of clause 10(4)(a) (under which decisions must be given within 2 years of notification of a proposed policy statement or plan).
2: An application under subclause (1) must be in writing, and must set out—
a: the reasons for the request for an extension; and
b: the duration of the extension required.
3: Before applying for an extension, a local authority must take into account—
a: the interests of any person who, in its opinion, may be directly affected by an extension; and
b: the interests of the community in achieving adequate assessment of the effects of the proposed policy statement or plan or change to a policy statement or plan; and
c: its duty under section 21 to avoid unreasonable delay.
4: The Minister—
a: may decline or agree to an extension applied for under subclause (1); but
b: in the case of a regional coastal plan, must consider the views of the Minister of Conservation before granting an extension.
5: The Minister must serve notice of his or her decision on the local authority.
6: If the Minister grants an extension, the local authority must give public notice of that extension.
7: This clause applies instead of section 37 if the time limit prescribed by clause 10(4)(a) is to be extended.
2: In Schedule 1 clause 70(1)(g) section 119
h: section 41D
3: In Schedule 1 clause 70(1) section 119
1A: If a panel exercises a power under section 41D
a: a person whose submission is struck out has a right to objection under section 357 as if the references in that section to an authority were references to the panel; and
b: sections 357C to 358 apply to the panel as the body to which the objection is made under section 357.
3: Amendments that commence 5 years after Royal assent
Subpart 3 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020 Amendments to Part 6 of principal Act Heading repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
175: Section 108 amended (Conditions of resource consents)
Section 175 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
176: Section 108AA amended (Requirements for conditions of resource consents)
Section 176 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
177: Section 110 repealed (Refund of money and return of land where activity does not proceed)
Section 177 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
178: Section 111 repealed (Use of financial contributions)
Section 178 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020 Amendments to Part 10 of principal Act Heading repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
179: Section 222 amended (Completion certificates)
Section 179 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020 Amendments to Part 15 of principal Act Heading repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
180: Section 407 amended (Subdivision consent conditions)
Section 180 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
181: Section 409 repealed (Financial contributions for developments)
Section 181 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
182: Section 411 repealed (Restriction on imposition of conditions as to financial contributions)
Section 182 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020 Amendment to Schedule 12 of principal Act Heading repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
183: Schedule 12 amended
Section 183 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020 Consequential amendments Heading repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
184: Consequential amendments relating to financial contributions
Section 184 repealed 1 July 2020 section 107 Resource Management Amendment Act 2020
2: Amendments to Reserves Act 1977
185: Principal Act
This Part (other than section 188 Reserves Act 1977 principal Act
186: Section 15 amended (Exchange of reserves for other land)
1: In the heading to section 15 Exchange Minister may authorise exchange
2: In section 15(2) scheme under the Town and Country Planning Act 1977 plan under the Resource Management Act 1991
187: New section 15AA inserted (Administering body may authorise exchange of recreation reserve land for other land)
After section 15
15AA: Administering body may authorise exchange of recreation reserve land for other land
1: A person may apply to the administering body of a recreation reserve to exchange all or part of the land comprised in the reserve (the recreation reserve land
a: the application is made jointly—
i: with an application for a resource consent under section 88(1) and (1A) of the Resource Management Act 1991 (the RMA
ii: with a request for a change to a district plan or a regional plan (including a regional coastal plan) under section 65(4) and (4A) or 73(2) and (2A) of the RMA; and
b: the recreation reserve land is vested in the administering body for the reserve; and
c: the administering body of the reserve is also the relevant local authority under the RMA.
2: If an application is made under subsection (1)(a)(i), subsection (4) applies if—
a: the application to exchange the recreation reserve land has been—
i: processed in accordance with section 88(6)(a)
ii: publicly notified under section 95A
b: the resource consent—
i: has been granted; but
ii: is subject to the granting of the application to exchange the recreation reserve land; and
c: the time allowed under the RMA for appeals against the decision to grant the resource consent has expired and any appeals have been determined.
3: If an application is made under subsection (1)(a)(ii), subsection (4) applies if—
a: the application to exchange the recreation reserve land has been—
i: processed in accordance with clause 21(5)(a)
ii: publicly notified under clause 26 of Schedule 1 of the RMA; and
b: the plan change—
i: has been approved by the local authority; but
ii: is subject to the granting of the application to exchange the recreation reserve land; and
c: the time allowed under the RMA for appeals against the decision to change the plan has expired and any appeals have been determined.
4: If this subsection applies, the administering body must—
a: make a decision on the application to exchange the recreation reserve land; and
b: if it decides to grant the application, authorise the exchange of the recreation reserve land by notice in the Gazette
c: advise the applicant of the decision.
5: The administering body must not grant the application unless—
a: it has had regard to any submissions that were made on the application during the public notification process under the RMA and that relate to the exchange; and
b: it considers that the exchange would result in a net benefit for recreation opportunities for the community that uses, benefits from, or enjoys the reserve.
6: If the administering body authorises the exchange, section 15(3) to (8) applies as if the exchange were an exchange effected under section 15.
188: Consequential amendments to Resource Management Act 1991
1: This section amends the Resource Management Act 1991 Section 36
2: After section 36(1)
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), and 96 to 103B in relation to an application to exchange recreation reserve land under section 15AA
b: Part 2 of Schedule 1 in relation to an application to exchange recreation reserve land under section 15AA Section 65
3: After section 65(4)
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. Section 73
4: After section 73(2)
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. Section 88
5: After section 88(1)
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.
6: After section 88(5)
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)
b: decided under section 15AA Section 95A
7: After section 95A(2)(b)
ba: the application is made jointly with an application to exchange recreation reserve land under section 15AA Section 114
8: After section 114(7)
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 116
9: In section 116(1) section 116A sections 116A and 116B New section 116B
10: After section 116A
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 and 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. Schedule 1
11: In Schedule 1 clause 21(4)
5: If a request for a plan change is made jointly with an application to exchange recreation reserve land (as permitted by section 65(4A) or 73(2A)
a: processed, with the request for a plan change, in accordance with this Part, other than clauses 27 and 29(4) to (8); then
b: decided under section 15AA
12: In Schedule 1 clause 29(8)
8A: If the decision to change a plan is subject to the grant of an application to exchange recreation reserve land under section 15AA
a: the plan change 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 the Reserves Act 1977 after the time allowed for appeals against the decision on the plan change has expired and any appeals have been completed.
3: Amendments to Public Works Act 1981
189: Principal Act
This Part amends the Public Works Act 1981 principal Act
190: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
191: Section 4C amended (Delegation of Minister's powers)
Replace section 4C(2)
2: Despite subsection (1), the Minister for Land Information must not delegate the power to issue a notice of intention to take land under section 23(1).
192: Section 24 amended (Objection to be heard by Environment Court)
After section 24(6)
6A: The Environment Court may, whether or not the parties consent,—
a: accept evidence that was presented at a hearing described in section 39(1) of the Resource Management Act 1991, or at a related inquiry or appeal heard by the court; and
b: direct how evidence is to be given to the court.
193: Section 59 amended (Interpretation)
In section 59 owner owner
a: a person who occupies the land under a lease, sublease, or licence, or a renewal of a lease, sublease, or licence, that—
i: is granted by the owner of the fee simple of the land or by the lessee of the land; and
ii: is not—
A: a weekly tenancy agreement; or
B: a monthly tenancy agreement; or
C: a tenancy to which the Residential Tenancies Act 1986 applies; or
D: a statutory tenancy (as defined in section 207 of the Property Law Act 2007):
b: a tenant for life of the land:
c: a beneficial owner of the land
194: Section 72 amended (Additional compensation for acquisition of notified dwelling)
1: Replace section 72(1)
1: Compensation of up to $50,000 must be paid to the owner of land if—
a: the land has been notified; and
b: the land is taken or acquired for the public work for which it was notified; and
c: the land contains a dwelling that is used as the land owner's principal place of residence; and
d: the payment of compensation is not excluded by subsection (2) or (3).
1A: The amount of compensation paid under subsection (1) must be determined in accordance with section 72A
1B: The compensation paid under subsection (1) must not in total exceed $50,000 regardless of—
a: the number of owners of the land; or
b: the nature of the estate or interest that the various owners of the land may hold.
2: In section 72(6) had he been a weekly or a monthly tenant if the lessee or sublessee had been a tenant (as defined in section 75(4)
195: New sections 72A to 72E inserted
After section 72
72A: Amount of compensation to be paid under section 72
1: The amount of compensation paid under section 72(1)
a: $35,000 must be paid to the owner of the land if the owner qualifies for compensation under section 72(1)
b: a further $10,000 must be paid to the owner if—
i: the Minister or local authority, as applicable, and the owner, within 6 months after the negotiation start date, execute an agreement for the sale and purchase of the land under section 17; and
ii: the agreement specifies a date on which vacant possession of the land, and all buildings and structures on the land, will be given to the notifying authority; and
c: a further $5,000 may be paid to the owner if the Minister (if the land is taken or acquired for a Government work) or local authority (if the land is taken or acquired for a local work) decides, in his, her, or its discretion, that—
i: the personal circumstances of the owner warrant such a payment and compensation is not otherwise paid under this Act for this purpose; or
ii: the circumstances concerning the acquisition of the owner's principal place of residence warrant such a payment and compensation is not otherwise paid under this Act for this purpose.
2: In this section, negotiation start date
a: the date on which the notifying authority notifies the owner of land in writing that it intends to acquire the land under section 17:
b: the date on which the notifying authority serves notice in relation to land in accordance with section 18(1)(a).
72B: Definitions of terms used in sections 72C and 72D
In this section and sections 72C and 72D category value individual value land notification date qualifying owners section 72C(1) section 72D(2) total land value vacant possession date
72C: Additional compensation for acquisition of notified land
1: Compensation must be paid to an owner of land if—
a: the land has been notified; and
b: the land is taken or acquired for the public work for which it was notified; and
c: either of the following applies:
i: the land does not contain a dwelling that was used as the owner of the land's principal place of residence for the period between the notification date and the vacant possession date:
ii: the owner used a dwelling on the land as his or her principal place of residence for less than a substantial part of the period between the notification date and the vacant possession date; and
d: the payment of compensation is not excluded by section 72D
2: The compensation paid under subsection (1) must—
a: equal 10% of the total land value; or
b: be $250 if 10% of the total land value is equal to or less than $250; or
c: be $25,000 if 10% of the total land value is equal to or more than $25,000.
3: However, the compensation paid under subsection (1) must not in total exceed $25,000 regardless of—
a: the number of owners of the land; or
b: the nature of the estate or interest each of the owners has in the land.
4: If compensation is paid under subsection (1) for land that is owned by more than 1 person, the compensation must be—
a: paid only to the qualifying owners; and
b: apportioned between the qualifying owners in proportion to the individual value each owner has in the land.
5: The amount of compensation paid under this section to an owner who is a lessee or sublessee of the land under a lease or sublease that will expire less than 5 years after the vacant possession date—
a: must be reduced so that it bears the same proportion as the period from the vacant possession date to the date of expiry of the lease or sublease bears to a period of 5 years; but
b: must not be reduced to less than the amount that the owner would have received under section 75 if the owner had been a tenant (as defined in section 75(4)
6: For the purposes of subsection (5), the date on which a lease or sublease that contains a right of renewal will expire is deemed to be the date on which it would have expired if the right of renewal had been exercised.
72D: Circumstances in which compensation must not be paid under section 72C
1: Compensation must not be paid to an owner of land under section 72C(1)
a: on or before the vacant possession date, or any later date that the authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
b: within 1 month after the date on which the authority serves notice on the vendor or the person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the authority allows, if—
i: the land is acquired under an agreement that does not specify a vacant possession date; or
ii: no agreement for sale is entered into and the land is taken by Proclamation.
2: Compensation must not be paid under section 72C(1)
a: is one of the following:
i: an owner of the land on the notification date:
ii: the spouse, civil union partner, or de facto partner of an owner of the land on the notification date:
iii: the person beneficially interested in the land if an owner dies after the notification date; and
b: was an owner of the land on the vacant possession date; and
c: was an owner of the land for a substantial part of the period between the notification date and the vacant possession date; and
d: was—
i: not a willing party to the taking or acquisition of the land; or
ii: a willing party to the taking or acquisition principally because the land had been notified.
3: Compensation must not be paid under section 72C(1)
72E: Adjustment of compensation payable under section 72 or 72C
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend section 72, 72A, or 72C
a: increasing the compensation limit in section 72(1) and (1B)
b: increasing the compensation limits in section 72A(1)(a) to (c)
c: increasing or decreasing the percentages in section 72C(2)(a) to (c)
d: increasing the compensation limits in section 72C(2)(b) and (c) and (3)
2: The Minister must not recommend the making of an Order in Council under this section unless the Minister is of the opinion that it is necessary or desirable to do so having regard to the following:
a: the purposes of the compensation payable under sections 72 and 72C (including the differences between the acquisition of land that includes the owner’s home and the acquisition of land that does not include the owner’s home):
b: national average land and house sale prices:
c: the New Zealand Consumer Price Index:
d: the level of solatium or similar compensation payable in comparable circumstances in jurisdictions outside New Zealand that have similar property rights and land acquisition regimes:
e: changes to the matters referred to in paragraphs (b) to (d) since the compensation limits and percentages were last changed:
f: comments received in response to public consultation under subsection (3).
3: Before recommending the making of an Order in Council under this section, the Minister must publicly consult about the proposed changes.
4: An Order in Council cannot be made under subsection (1)—
a: until after the expiry of 5 years from the date of commencement of Part 3 of the Resource Legislation Amendment Act 2017
b: more frequently than once every 5 years.
196: Section 75 amended (Compensation for tenants of residential and business premises)
1: In section 75(1)(b) weekly or monthly
2: After section 75(3)
4: In this section, tenant
a: a weekly tenancy agreement; or
b: a monthly tenancy agreement; or
c: a tenancy to which the Residential Tenancies Act 1986 applies; or
d: a statutory tenancy (as defined in section 207 of the Property Law Act 2007).
197: Section 249 repealed (Transitional provision)
Repeal section 249
198: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule 6
4: Amendments to Conservation Act 1987
199: Principal Act
This Part (other than sections 206 207 Conservation Act 1987 principal Act
200: Section 2 amended (Interpretation)
In section 2(1) working day 25 December in any year and ending with 15 January 20 December in any year and ending with 10 January
201: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1AA
202: Sections 17S and 17T replaced
Replace sections 17S 17T
17S: Contents of application
Every application for a concession must include the following information:
a: a description of the proposed activity:
b: a description identifying the places where the proposed activity will be carried out (including the status of those places):
c: a description of—
i: the potential effects of the proposed activity:
ii: any actions that the applicant proposes to take to avoid, remedy, or mitigate any adverse effects of the proposed activity:
d: details of the type of concession for which the applicant is applying:
e: a statement of—
i: the proposed duration of the concession; and
ii: the reasons for the proposed duration:
f: relevant information relating to the applicant, including any information relevant to the applicant's ability to carry out the proposed activity:
g: if the applicant applies for a lease, a licence granting an interest in land, or an easement,—
i: reasons for the request; and
ii: sufficient information to satisfy the Minister that, in terms of section 17U, it is both lawful and appropriate to grant the lease, licence, or easement (as the case may be).
17SA: Minister may return application that lacks required information
1: If the Minister is satisfied that an application does not contain all of the information required by section 17S
2: The Minister may only do so within 10 working days after receiving the application.
3: If the Minister returns an application, he or she must give the applicant reasons for the decision to do so.
4: If an application is resubmitted after having been returned, the application is to be treated as a new application.
17SB: Minister may decline application that is obviously inconsistent with Act, etc
1: If the Minister is satisfied that an application obviously does not comply with, or is obviously inconsistent with, the provisions of this Act or any relevant conservation management strategy or conservation management plan, he or she may decline the application.
2: The Minister may make his or her decision on the basis of the information provided in or with the application, and without making further inquiry.
3: The Minister may only do so within 20 working days after the expiry of the period referred to in section 17SA(2)
4: If the Minister declines an application, he or she must inform the applicant and give the applicant reasons for the decision.
17SC: Public notification of application for leases, licences, permits, or easements
1: The Minister must publicly notify every application for—
a: a lease; or
b: a licence for a term (including renewals) of more than 10 years.
2: The Minister may publicly notify any other application for a licence if, having regard to the effects of the licence, he or she considers it appropriate to do so.
3: The Minister may publicly notify any application for a permit or an easement if, having regard to the effects of the permit or easement, he or she considers it appropriate to do so.
4: However, this section does not apply to—
a: an application that—
i: does not comply with section 17R(2); or
ii: is returned under section 17SA or 17SD
iii: is declined under section 17SB
b: an application for the grant of a lease or licence resulting from the exercise of a right of renewal or extension, or a right to a new lease or licence, that is contained in a lease or licence.
17SD: Minister may require applicant to provide further information
1: The Minister may, by notice in writing, require an applicant for a concession to supply any further information (including an environmental impact assessment) that the Minister considers necessary to enable a decision to be made.
2: The applicant must provide the information within any reasonable time that is specified in the notice.
3: An environmental impact assessment that is provided for the purposes of this section must be—
a: in the form set out in Schedule 4 of the Resource Management Act 1991; or
b: in any other form that the Minister requires.
4: If the applicant does not provide all of the information within the specified time and the Minister determines that the information not provided is necessary to enable a decision to be made on the application, the Minister may return the application to the applicant with the reasons for the determination.
5: However, the Minister cannot return the application under subsection (4)
a: the applicant, within the specified time, advises the Minister that some or all of the requested information will not be provided and requests that the application be considered anyway; or
b: the application has been publicly notified.
17SE: Minister may commission report or advice
1: The Minister may, at the applicant’s expense,—
a: commission a report or seek advice from any person (including the Director-General) on any matters raised in relation to an application:
b: obtain, from any source, any existing relevant information on the proposed activity (or structure) that is the subject of the application.
2: The Minister must—
a: provide the applicant with a copy of any information obtained under subsection (1)
b: provide the applicant with any reasonable time that the Minister considers appropriate in which to comment on the information provided.
3: To avoid doubt, the report or advice under subsection (1)
17T: Minister to consider applications
1: The Minister must consider an application for a concession if the application—
a: complies with section 17R(2); and
b: is not returned under section 17SA
c: is not declined under section 17SB
d: is not returned under section 17SD(4)
2: The Minister must consider the application when,—
a: if public notification is required or the Minister considers it appropriate under section 17SC
b: if the Minister sought further information under section 17SD
i: the information has been provided; or
ii: the time specified in the notice for providing the information has expired and the information has not been provided; and
c: if the Minister obtained any information under section 17SE section 17SE(2)
203: Section 17U amended (Matters to be considered by Minister)
1: In section 17U(1)(d) section 17S or section 17T sections 17S, 17SD, and 17SE
2: After section 17U(7)
8: Nothing in this Act or any other Act requires the Minister to grant any concession if he or she considers that the grant of a concession is inappropriate in the circumstances of the particular application having regard to the matters set out in this section.
204: Section 49 amended (Public notice and rights of objection)
1: In section 49(2) gives public notice of intention to exercise any power conferred by this Act or gives public notice of an application for a concession
2: Replace section 49(2)(b)
b: the Minister must give persons and organisations wishing to make objections or submissions the following time to do so:
i: in the case of the exercise of a power, at least 40 working days:
ii: in the case of an application for a concession, at least 20 working days; and
ba: every objection or submission must be sent to the Director-General at the place, and by the date, specified in the notice; and
205: New Schedule 1AA inserted
Before Schedule 1 Schedule 7
206: Consequential amendment to Crown Minerals Act 1991
1: This section amends the Crown Minerals Act 1991
2: In section 61C(3)(a) application were an application for a concession that is
207: Consequential amendment to Wild Animal Control Act 1977
1: This section amends the Wild Animal Control Act 1977
2: In section 12A(3)(a) modifications as if the giving of the notice under subsection (2) were an exercise of power under that Act
5: Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
208: Principal Act
This Part (other than sections 285 286 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 principal Act
209: Section 3 amended (Outline of Act)
1: Replace section 3(6) to (8A)
6: Part 3 provides for the making of regulations for the purposes of this Act. Part 3A
7: Subpart 1
8: Subpart 2
8A: Subparts 2A to 2D
a: applying for marine consents; and
b: disclosure and notification of applications for marine consents and the making of submissions; and
c: consideration of applications for marine consents, including the appointment of boards of inquiry for applications relating to publicly notifiable section 20 activities; and
d: deciding applications for marine consents, including the matters that must be considered by the marine consent authority deciding the application.
8B: Subpart 2E
2: After section 3(9)
9A: Subpart 4
3: Replace section 3(10)
10: Subpart 1
10A: Subparts 1A and 1B
10B: Subpart 1C
210: Section 4 amended (Interpretation)
1: In section 4(1) applicant or 87B
2: In section 4(1) dumping dumping
a: means—
i: any deliberate disposal into the sea of waste or other matter from ships, aircraft, and structures at sea; and
ii: any deliberate disposal into the sea of ships, aircraft, and structures at sea; and
iii: any storage of waste or other matter in the seabed and the subsoil of the seabed from ships, aircraft, and structures at sea; and
iv: any abandonment or toppling at site of structures at sea for the sole purpose of deliberate disposal; but
b: does not include—
i: the disposal into the sea of waste or other matter incidental to, or derived from, the normal operations of ships, aircraft, and structures at sea and their equipment, other than waste or other matter transported by or to ships, aircraft, and structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such waste or other matter on such ships, aircraft, and structures; or
ii: placement of matter for a purpose other than the mere disposal of the matter, but only if the placement is not contrary to the aims of the 1996 Protocol to the London Convention; or
iii: abandonment in the sea of matter (for example, cables, pipelines, and marine research devices) placed for a purpose other than the mere disposal of it; and
c: does not include the disposal or storage of waste or other matter directly arising from, or related to, the exploration, exploitation, and associated offshore processing of seabed mineral resources
3: In section 4(1) marine consent marine consent consent
a: a marine consent (including a marine discharge consent or a marine dumping consent) granted under section 62; or
b: an emergency dumping consent
4: In section 4(1) marine discharge consent marine dumping consent under section 87F under section 62
5: In section 4(1) non-notified activity notified notified; or
6: In section 4(1) non-notified activity
c: is the subject of an application to which section 38(3)
7: In section 4(1) permitted activity is permitted is a permitted activity
8: In section 4(1) prohibited activity is prohibited is a prohibited activity
9: In section 4(1) public notice public notice section 7A
10: In section 4(1) submitter section 46 section 47
11: In section 4(1) accepted decommissioning plan section 100B EEZ policy statement section 37D London Convention marine consent authority
a: in the case of a non-notified activity, the EPA:
b: in the case of a publicly notifiable activity that is a section 20 activity,—
i: a board of inquiry appointed under section 52
ii: the EPA—
A: before a board of inquiry is appointed:
B: in respect of any matter that is outside the scope of the functions, powers, and duties of the board of inquiry:
c: in the case of a publicly notifiable activity other than a section 20 activity, the EPA publicly notifiable application section 20 activity treat
211: New sections 7A and 7B inserted
After section 7
7A: Meaning of public notice
1: If this Act requires the Environmental Protection Authority to give public notice
a: publish on its Internet site 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—
i: the cities of Auckland, Wellington, Christchurch, and Dunedin; and
ii: the region adjacent to the area that is the subject of 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.
7B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
212: Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)
Replace section 9(1A)(c)
c: subparts 2A to 2E of Part 3A
213: Section 10 amended (Purpose)
In section 10(3)(b) regulations under section 27, 29A, 29B, or 29E
214: Section 12 amended (Treaty of Waitangi)
1: In section 12(a) the Environmental Protection Authority marine consent authorities
2: In section 12(c) the EPA a marine consent authority
3: In section 12(d) section 45 section 46
215: Section 13 amended (Functions of Environmental Protection Authority)
1: Replace section 13(1)(d)(i)
i: Part 3A
2: After section 13(1)(e)
ea: to provide advice and administrative and secretarial services to boards of inquiry:
216: Section 16 amended (Restriction on Environmental Protection Authority's power to delegate)
In section 16
2: In subsection (1), a reference to a marine consent does not include a marine discharge consent or a marine dumping consent.
217: Section 18 replaced (Function of Māori Advisory Committee)
Replace section 18
18: Function of Māori Advisory Committee
The Māori Advisory Committee may provide advice as follows:
a: to the Environmental Protection Authority in accordance with sections 19 and 20 of the Environmental Protection Authority Act 2011:
b: to a marine consent authority, if its advice is sought under section 56(1)(b)
218: Section 20 amended (Restriction on activities other than discharges and dumping)
After section 20(2)(b)
ba: the abandonment of a submarine pipeline that is on or under the seabed:
219: Section 21 amended (Certain existing activities may continue)
1: In section 21(3) one that is described in section 20 a section 20 activity or a discharge of a harmful substance,
2: In section 21(3)(b) section 41 section 43
3: Replace section 21(4) and (5)
4: If the application for a marine consent described in subsection (3) is returned by the EPA under section 43
220: Section 22 amended (Planned petroleum activities may commence)
1: In section 22(4) Section 41 applies Sections 40 to 43
2: In section 22(6)(b) section 41 section 43
3: Replace section 22(7) and (8)
7: If the application for a marine consent described in subsection (6) is returned by the EPA under section 43
221: Section 25 amended (Duty of persons operating in exclusive economic zone or on continental shelf)
In section 25(4) Part 3 Part 4
222: Part 3 heading and subpart 1 heading in Part 3 replaced
Replace the Part 3 heading and the subpart 1 heading in Part 3
3: Regulations
223: New section 29E and cross-heading inserted
After section 29D Decommissioning plans
29E: Decommissioning plans
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing 1 or more of the following:
a: information that must be included in a decommissioning plan under section 100A(2)
b: the process for dealing with a decommissioning plan under section 100B(1)(a)
c: the criteria against which a decommissioning plan must be assessed under section 100B(1)(b)
2: However, the Minister must not recommend the making of regulations under this section unless section 32 has been complied with.
224: Section 32 amended (Process for developing or amending regulations)
1: In section 32(1) 29A, 29E
2: In section 32(2)(a)(ii) or 29A , 29A, or 29E
225: Section 34A amended (Matters to be considered for regulations relating to discharges and dumping)
In section 34A(3)(c)(ii) waste or other matter
226: Cross-heading above section 35 replaced
Replace the cross-heading above section 35
3A: Activities and consents
227: Sections 35 to 58 and cross-headings replaced
Replace sections 35 to 58
1: Activities
Types of activity
35: Permitted activities
1: An activity is a permitted activity
2: A person may undertake a permitted activity without a marine consent if the activity complies with any terms and conditions specified (for the activity) in regulations.
3: A person intending to undertake a permitted activity must notify the Environmental Protection Authority before undertaking the activity if required to do so by regulations.
36: Discretionary activities
1: An activity is a discretionary activity
a: describe the activity as discretionary; or
b: allow the activity with a marine consent; or
c: do not classify the activity as permitted, discretionary, or prohibited.
2: A person must have a marine consent before undertaking a discretionary activity.
3: Subsection (2) is subject to section 21.
37: Prohibited activities
1: An activity is a prohibited activity
2: No person may apply for a marine consent for a prohibited activity.
3: No marine consent may be granted for a prohibited activity.
4: Subject to section 23, no person may undertake a prohibited activity.
2: EEZ policy statements
EEZ policy statements
37A: Purpose and scope of EEZ policy statements
1: The purpose of EEZ policy statements is to state objectives and policies to support decision-making on applications for marine consents in accordance with the purpose of this Act.
2: An EEZ policy statement may apply to all or part of the exclusive economic zone and the continental shelf.
3: In determining whether it is desirable to prepare an EEZ policy statement, the Minister may have regard to—
a: the actual or potential effects of the use, development, or protection of natural resources:
b: New Zealand’s obligations under any international conventions that relate to the marine environment:
c: the matters in subpart 2 of Part 1:
d: any other relevant matter.
37B: Notification of, and consultation on, proposed EEZ policy statement
Before issuing an EEZ policy statement, the Minister must—
a: notify the public, iwi authorities, regional councils, and persons whose existing interests may be affected of—
i: the proposed statement; and
ii: the Minister’s reasons for considering that the proposed statement will support decision-making on applications for marine consents; and
b: establish a process that the Minister considers gives the public, iwi authorities, regional councils, and persons whose existing interests are likely to be affected adequate time and opportunity to comment on the subject matter of the proposed statement.
37C: Matters to be considered by Minister when determining whether to issue EEZ policy statement
In determining whether to issue the EEZ policy statement, the Minister must consider—
a: the actual or potential effects of the use, development, or protection of natural resources; and
b: New Zealand’s obligations under any international conventions that relate to the marine environment; and
c: the matters in subpart 2 of Part 1; and
d: any submissions received on the proposed EEZ policy statement; and
e: any other matter that the Minister considers relevant.
37D: Revision, withdrawal, and approval of proposed EEZ policy statements
1: The Minister, after considering the matters in section 37C, may make any changes, or no changes, to the proposed EEZ policy statement, as he or she thinks fit.
2: The Minister may withdraw all or part of a proposed EEZ policy statement at any time before the statement is approved under subsection (4).
3: The Minister must notify the persons mentioned in section 37B(a)
4: The Governor-General may, by Order in Council, on the recommendation of the Minister, approve an EEZ policy statement.
5: The Minister must, as soon as practicable after an EEZ policy statement has been approved,—
a: issue the statement by notice in the Gazette
b: publicly notify the statement; and
c: send a copy of the statement to the EPA; and
d: provide every person who made a submission on the proposal with a copy of the approved statement.
37E: Changes to, or review or revocation of, EEZ policy statements
1: The Minister may review, change, or revoke an EEZ policy statement in accordance with sections 37B to 37D as if the review, change, or revocation were a proposed EEZ policy statement.
2: Despite subsection (1), the Minister may amend an EEZ policy statement without regard to sections 37B to 37D if the amendment is of minor effect or corrects a minor error.
3: When an EEZ policy statement is reviewed, the Minister must give notice of the review in the Gazette
4: If an EEZ policy statement has been changed, the Minister must—
a: issue the revised statement by notice in the Gazette
b: send a copy of the revised statement to the EPA; and
c: provide every person who made a submission on the proposal with a copy of the approved statement.
5: When an EEZ policy statement is revoked, the Minister must notify the revocation by notice in the Gazette
37F: Incorporation of material by reference in EEZ policy statements
An EEZ policy statement may incorporate material by reference under sections 150 to 157.
37G: EEZ policy statement is disallowable instrument
An EEZ policy statement is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
2A: Applying for marine consents
38: Application for marine consent
1: Any person may apply to the Environmental Protection Authority for a marine consent, a marine discharge consent, or a marine dumping consent to undertake a discretionary activity.
2: An application must—
a: be made in the prescribed form; and
b: fully describe the proposal; and
c: include an impact assessment prepared in accordance with section 39
d: if the application relates to an activity referred to in section 20(2)(a), (b), or (c), include a description in general terms of how and when it is proposed that the structure, submarine pipeline, or submarine cable will be dealt with at the end of its life.
3: If the application relates to an activity that is to be undertaken in connection with the decommissioning of an offshore installation used in connection with petroleum production, or a structure, submarine pipeline, or submarine cable associated with such an installation,—
a: the application must include an accepted decommissioning plan that covers the activity; and
b: the proposed carrying out of the activity must be in accordance with that plan.
39: Impact assessment
1: An impact assessment must—
a: describe the activity (or activities) for which consent is sought; and
b: describe the current state of the area where it is proposed that the activity will be undertaken and the environment surrounding the area; and
c: identify persons whose existing interests are likely to be adversely affected by the activity; and
d: identify the effects of the activity on the environment and existing interests (including cumulative effects and effects that may occur in New Zealand or in the sea above or beyond the continental shelf beyond the outer limits of the exclusive economic zone); and
e: identify the effects of the activity on the biological diversity and integrity of marine species, ecosystems, and processes; and
f: identify the effects of the activity on rare and vulnerable ecosystems and habitats of threatened species; and
g: describe any consultation undertaken with persons described in paragraph (c) and specify those persons who have given written approval to the activity; and
h: include copies of any written approvals to the activity; and
i: specify any possible alternative locations for, or methods for undertaking, the activity that may avoid, remedy, or mitigate any adverse effects; and
j: specify the measures that could be taken to avoid, remedy, or mitigate the adverse effects identified (including measures that the applicant intends to take).
2: An impact assessment must also,—
a: if it relates to an application for a marine discharge consent, describe the effects of the activity on human health:
b: if it relates to an application for a marine dumping consent,—
i: describe the effects of the activity on human health; and
ii: specify any practical opportunities to reuse, recycle, or treat the waste or other matter:
c: if it relates to any other application, describe the effects on human health that may arise from the effects of the activity on the environment.
3: An impact assessment must contain the information required under subsections (1) and (2) in—
a: such detail as corresponds to the scale and significance of the effects that the activity may have on the environment and existing interests; and
b: sufficient detail to enable the Environmental Protection Authority and persons whose existing interests are or may be affected to understand the nature of the activity and its effects on the environment and existing interests.
4: The impact assessment complies with subsections (1)(c) to (f) and (2) if the Environmental Protection Authority is satisfied that the applicant has made a reasonable effort to identify the matters described in those provisions.
5: The measures that must be specified under subsection (1)(j) include any measures required by another marine management regime and any measures required by or under the Health and Safety at Work Act 2015 that may have the effect of avoiding, remedying, or mitigating the adverse effects of the activity on the environment or existing interests.
40: Environmental Protection Authority must determine if application complete
The Environmental Protection Authority must, within 20 working days after receiving an application, determine whether the application complies with section 38
41: Environmental Protection Authority may commission independent review of impact assessment
1: The Environmental Protection Authority may commission an independent review of an impact assessment for the purpose of determining whether the impact assessment complies with section 39
2: If the EPA intends to commission a review, it must—
a: advise the applicant in writing; and
b: include, with that advice, the EPA’s reasons for wanting to commission a review.
3: The applicant may object under section 101 to a decision by the EPA to commission a review.
4: The EPA must, as soon as is reasonably practicable after receiving the results of a review, send a copy of the results to the applicant.
42: Environmental Protection Authority may ask applicant to complete incomplete application
1: If the Environmental Protection Authority considers that an application does not comply with section 38 section 39
2: An applicant must, within 5 working days after receiving a request under subsection (1),—
a: provide the information; or
b: write to the EPA telling it that the applicant refuses to provide the information.
3: The EPA must continue to process an application even if the applicant—
a: does not respond to the request; or
b: refuses to provide the information.
43: Environmental Protection Authority must return incomplete application
1: The EPA must, within 20 working days after an incomplete application is received by the EPA,—
a: return the incomplete application; and
b: give the applicant a written explanation for its finding that the application is incomplete.
2: If, after the EPA returns an application as incomplete, the application is sent to the EPA again, the application must be treated as a new application.
3: The applicant may object under section 101 to a decision under subsection (1).
44: Joint processing and decision making on related applications
1: This section applies if—
a: the Environmental Protection Authority receives more than 1 application for a marine consent in relation to the same proposal ( related applications
b: at least 1 of the related applications must be publicly notified under section 46(1)(b)(i); and
c: the EPA considers that—
i: the related applications should be heard (if more than 1 are to be heard) at the same time and place; or
ii: decisions on the related applications should be made on the same date.
2: The EPA may extend a time period that applies to the processing of the related applications in order to ensure that—
a: they are heard (if more than 1 are to be heard) at the same time and place:
b: decisions on the related applications are made on the same date.
3: However, the EPA may not extend the time period beyond the latest date that applies to any of the related applications.
4: If any of the related applications is a publicly notifiable application for a section 20 activity, the EPA must delegate its functions under sections 50
2B: Disclosure and notification
45: Copy of application for non-notified activity
If the Environmental Protection Authority is satisfied that an application for a marine consent for a non-notified activity is complete, the EPA—
a: must serve a copy of the application on any of the following that the EPA considers may be affected by the application:
i: iwi authorities:
ii: customary marine title groups:
iii: protected customary rights groups:
b: may serve a copy of the application on the following if the EPA considers it appropriate in the circumstances:
i: Ministers with responsibilities that may be affected by the activity for which consent is sought:
ii: Maritime New Zealand:
iii: other persons that the EPA considers have existing interests that may be affected by the application:
iv: regional councils whose regions may be affected by the application.
46: Copy of application for publicly notified activity
1: If the Environmental Protection Authority is satisfied that an application for a marine consent for a publicly notifiable activity is complete, it must,—
a: if the application is for a section 20 activity, immediately notify the Minister in writing that an application has been made (to allow a board of inquiry to be appointed under section 52); and
b: within 20 working days,—
i: give public notice of the application; and
ii: serve a copy of the notice on—
A: every other Minister with responsibilities that may be affected by the activity for which consent is sought:
B: Maritime New Zealand:
C: iwi authorities that the EPA considers may be affected by the application:
D: customary marine title groups that the EPA considers may be affected by the application:
E: protected customary rights groups that the EPA considers may be affected by the application:
F: other persons that the EPA considers have existing interests that may be affected by the application:
G: regional councils whose regions may be affected by the application.
2: The notice under subsection (1)(b)(i) must—
a: be in the prescribed form; and
b: give a summary of the application for consent; and
c: specify where the application is available for inspection.
47: Making of submissions
1: Any person may make a submission to the Environmental Protection Authority about an application for a marine consent.
2: A submission must be in the prescribed form.
3: A submitter must provide a copy of the submission to the applicant as soon as is reasonably practicable after serving it on the EPA.
48: Time limit for submissions
Submissions must be made not later than 30 working days after public notification of the application under section 46.
49: Advising applicants of submissions
As soon as is reasonably practicable after the closing date for submissions, the Environmental Protection Authority must give the applicant a list of all the submissions that it has received in relation to the relevant application.
2C: Considering applications
Non-notified activities
50: Hearings in respect of applications for non-notified activities
1: The Environmental Protection Authority must conduct a hearing on an application for a marine consent for a non-notified activity if the applicant requests a hearing.
2: The EPA may conduct a hearing, even if the applicant does not request one, if the EPA considers it necessary or desirable.
3: Schedule 2 Publicly notifiable activities other than section 20 activities
51: Hearings in respect of applications for publicly notifiable activities other than section 20 activities
1: If an application is for a publicly notifiable activity other than a section 20 activity, the Environmental Protection Authority must conduct a hearing on an application if the applicant or a submitter requests a hearing.
2: The EPA may conduct a hearing, even if neither the applicant nor any submitter requests one, if the EPA considers it necessary or desirable.
3: Schedule 3 Publicly notifiable section 20 activities
52: Minister must appoint boards of inquiry for applications for publicly notifiable section 20 activities
1: As soon as practicable on being notified in accordance with section 46(1)(a), the Minister must appoint a board of inquiry to—
a: decide an application for a section 20 activity; and
b: complete the performance or exercise of the functions, duties, and powers prescribed in this Part, in relation to the application (including any appeals in relation to the matter that are filed in any court).
2: The Minister may, as the Minister sees fit, set terms of reference about administrative matters relating to the inquiry.
3: The Minister must appoint 3 to 5 suitable persons to be members of the board of inquiry.
4: 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.
5: In appointing a person to the board, the Minister must consider the need for the board to have available to it from its members, knowledge, skill, and experience relating to—
a: this Act; and
b: the activity or type of activities that the board will be considering; and
c: tikanga Māori; and
d: legal expertise; and
e: relevant technical expertise.
6: The Minister must appoint a chairperson.
7: The chairperson may (but need not) be a current, former, or retired Environment Court Judge or a retired High Court Judge.
8: Schedule 4
9: 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. Provisions that apply to all applications
53: Obligation to deal with application promptly
1: A marine consent authority must deal with any application for a marine consent as promptly as is reasonable in the circumstances.
2: If section 38(3) section 43 section 40
54: Request for further information
1: A marine consent authority may request that an applicant provide further information relating to an application.
2: A request may be made at any reasonable time—
a: before a hearing under section 50 or 51 or Schedule 4; or
b: if no hearing is held, before the marine consent authority makes a decision on the application.
3: A request must be in writing and set out the marine consent authority’s reasons for requesting further information.
4: The marine consent authority must, in the case of a publicly notified application, provide a copy of the information provided by the applicant to every submitter as soon as practicable after the later of—
a: the date on which it receives the information; and
b: the date on which the submitter makes a submission.
55: Response to request
1: An applicant who receives a request under section 54(1) must, within 5 working days after the date of the request,—
a: provide the information; or
b: write to the marine consent authority telling it that the applicant agrees to provide the information; or
c: write to the marine consent authority telling it that the applicant refuses to provide the information.
2: After the marine consent authority receives the applicant's letter under subsection (1)(b), the marine consent authority must—
a: set a reasonable time within which the applicant must provide the information; and
b: write to the applicant advising the applicant of the date by which the applicant must provide the information.
3: The marine consent authority must consider the application under section 59 even if the applicant—
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).
56: Marine consent authority may obtain advice or information
1: A marine consent authority may—
a: commission an independent review of an impact assessment (if no review was commissioned under section 41):
b: seek advice from the Māori Advisory Committee on any matter related to the application:
c: seek advice or information from any person on any aspect of—
i: an application for a marine consent; or
ii: the activity to which an application relates:
d: commission any person to provide a report on any aspect of—
i: an application for a marine consent; or
ii: the activity to which an application relates.
2: The marine consent authority must advise an applicant in writing—
a: if it intends to commission a review or report or seek advice or information; and
b: of the reasons for wanting to do so.
3: Subsection (1) applies at any reasonable time—
a: before a hearing is held; or
b: if no hearing is to be held, before a decision on the application is made.
4: An applicant may object under section 101 to a decision to commission a review or a report, or to seek advice or information.
5: The marine consent authority must, as soon as is reasonably practicable after receiving any advice or report under this section, notify the applicant and every submitter that the advice or report is available at the EPA’s office.
57: Meetings and mediation to resolve matters before decision
1: The marine consent authority may request that an applicant for a marine consent and 1 or more submitters—
a: meet to discuss any matters in dispute in relation to the application for consent; or
b: enter mediation to resolve any matters in dispute in relation to the application for consent.
2: The person who conducts the meeting or mediation must report on the outcome of the meeting or mediation to—
a: the marine consent authority; and
b: the persons who were at the meeting or mediation.
3: The report must set out—
a: the matters that were agreed at the meeting or mediation; and
b: the matters that were not resolved.
4: The report must not include anything communicated or made available on a without prejudice basis at the meeting or during the mediation.
228: Cross-heading above section 59 replaced
Replace the cross-heading above section 59
2D: Decisions
229: Section 59 amended (Environmental Protection Authority’s consideration of application)
1: In the heading to section 59 Environmental Protection Authority’s Marine consent authority’s
2: In section 59(1) the Environmental Protection Authority a marine consent authority
3: In section 59(2) The EPA If the application relates to a section 20 activity (other than an activity referred to in section 20(2)(ba)
4: In section 59(2)(k) regulations (other than EEZ policy statements)
5: In section 59(2)(l) law (other than EEZ policy statements)
6: In section 59(2)(m), (3), (4), (5), and (6) EPA marine consent authority
7: After section 59(2)
2A: If the application is for a marine discharge consent, the EPA must take into account—
a: the matters described in subsection (2), except paragraph (c); and
b: the effects on human health of the discharge of harmful substances if consent is granted.
2B: If the application is for a marine dumping consent or relates to an activity referred to in section 20(2)(ba)
a: the matters described in subsection (2), except paragraphs (c), (f), (g), and (i); and
b: the effects on human health of the dumping of waste or other matter, or the abandonment of the pipeline, if consent is granted; and
c: any alternative methods of disposal of the waste, other matter, or pipeline that could be used; and
d: whether there are practical opportunities to reuse, recycle, or treat the waste, other matter, or pipeline.
8: Before section 59(3)(a)
aa: EEZ policy statements; and
9: Replace section 59(3)(b)
b: any advice, reports, or information sought under this Part and received in relation to the application; and
230: Section 60 amended (Matters to be considered in deciding extent of adverse effects on existing interests)
In section 60 the Environmental Protection Authority a marine consent authority
231: Section 61 amended (Information principles)
1: In section 61(1) the Environmental Protection Authority a marine consent authority
2: In section 61(2) and (3) EPA marine consent authority
3: Replace section 61(4)
4: Subsection (3) does not—
a: apply to an application for—
i: a marine dumping consent; or
ii: a marine discharge consent; or
iii: a marine consent in relation to an activity referred to in section 20(2)(ba)
b: limit section 63 or 64.
232: Section 62 amended (Decisions on applications for marine consents)
1: In section 62(1) the EPA a marine consent authority
2: After section 62(1)
1A: However, the marine consent authority must refuse an application for a marine dumping consent or an application relating to an activity referred to in section 20(2)(ba)
a: the marine consent authority considers that the waste, other matter, or pipeline may be reused, recycled, or treated without—
i: more than minor adverse effects on human health or the environment; or
ii: imposing costs on the applicant that are unreasonable in the circumstances; or
b: the waste, other matter, or pipeline is identified in such a way that it is not possible to assess the potential effects of dumping or abandoning it on human health or the environment; or
c: the marine consent authority considers that dumping the waste or other matter or abandoning the pipeline is not the best approach to its disposal in the circumstances.
3: In section 62(2) and (3) EPA marine consent authority
233: Section 63 amended (Conditions of marine consents)
1: In section 63(1) The Environmental Protection Authority A marine consent authority
2: In section 63(2), (3), and (4) EPA marine consent authority
3: In section 63(2)(b) that , if section 64 applies,
234: Section 64 amended (Adaptive management approach)
1: Before section 64(1)
1AA: This section does not apply to—
a: a marine dumping consent; or
b: a marine discharge consent; or
c: a marine consent in relation to an activity referred to in section 20(2)(ba)
2: In section 64(1) The Environmental Protection Authority A marine consent authority
3: In section 64(3) the EPA a marine consent authority
235: Section 65 amended (Bonds)
1: In section 65(1) the Environmental Protection Authority a marine consent authority
2: In section 65(2)(d), (e), and (f), and (3) EPA marine consent authority
236: Section 68 amended (Time limits for Environmental Protection Authority's decision)
In section 68(1)(b) section 47 section 48
237: Section 69 replaced (Decision of Environmental Protection Authority to be in writing)
Replace section 69
69: Decision of marine consent authority to be in writing
Every decision of a marine consent authority on an application for a marine consent must—
a: be in writing; and
b: include the reasons for the decision.
238: Section 70 amended (Notification of Environmental Protection Authority’s decision)
1: In the heading to section 70 Environmental Protection Authority’s marine consent authority’s
2: In section 70(1) Environmental Protection Authority marine consent authority
3: In section 70(1)(a)(iv) and (3) EPA marine consent authority
239: New subpart 2E heading in Part 3A inserted
Above section 71
2E: Consents
240: Section 73 amended (Duration of marine consent)
1: In section 73(1) marine consent (other than a marine discharge consent or a marine dumping consent)
2: After section 73(1)
1A: The duration of a marine discharge consent or a marine dumping consent is—
a: the term specified in the consent, which must not be more than 35 years; or
b: if no term is specified, 5 years after the date of the granting of the consent.
3: In section 73(2) the Environmental Protection Authority a marine consent authority
241: Section 74 amended (Exercise of marine consent while applying for new consent)
1: In section 74(2)(d) the EPA a marine consent authority
2: In section 74(3)(b) declined refused
242: New section 75A and cross-heading inserted
After section 75 EPA responsibility for marine consents granted by board of inquiry
75A: Residual powers of EPA
1: This section applies to a marine consent that has been granted by a board of inquiry under section 62(1)(a).
2: The EPA has all the functions, duties, and powers in relation to the marine consent as if it had granted the consent itself.
243: Section 78 amended (Public notice of review)
In section 78(2) section 45(1) section 46(1)(b)(ii)
244: Section 78A amended (Copy of notice of review of non-notified activity)
In section 78A section 44A(a) section 45(a)
245: Section 79 amended (Further information, advice, submissions, and hearing)
1: In section 79(1) Sections 42 to 44 and 45 to 58 Sections 44 to 56 sections 45, 50, 52, and 53
2: In section 79(1A) Sections 42 to 44B (and the Schedule) Sections 45, 50, and 54 to 56
3: In section 79(2) section 44(1)(a) section 56(1)(a)
246: New cross-heading above section 84 inserted
Above section 84 Minor corrections of marine consents
247: Section 84 amended (Minor corrections of marine consents)
In section 84
a: replace The EPA A marine consent authority
b: replace minor mistakes or defects minor omissions, errors, or other defects
248: Section 87 amended (Change or cancellation of consent conditions on application by consent holder)
In section 87(3)(a) section 45 section 46
249: Subpart 2A of Part 3 repealed
Repeal subpart 2A
250: Section 88 amended (Interpretation)
1: In section 88 consent authority relevant consent authority
2: In section 88 processing
a: before a hearing is held; or
b: if no hearing is held, before a decision is made on the application relevant resource consent authority
a: the resource consent authority responsible for a district or region in which part of a cross-boundary activity is or is intended to be undertaken; or
b: the Minister of Conservation, in relation to 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 resource consent authority
251: Section 91 amended (Joint application for consent for cross-boundary activity)
Replace section 91(1) and (2)
1: If a person makes a joint application for consent, the joint application must be sent to—
a: the relevant resource consent authority; and
b: the Environmental Protection Authority.
252: Section 92 amended (Separate applications for consents for cross-boundary activity)
In section 92 Subpart 2 applies Subparts 2A to 2D
253: Section 93 amended (Environmental Protection Authority may require joint application)
1: After section 93(1)
1A: However, the EPA cannot make a decision under subsection (1) if the application for a marine consent has been referred to a board of inquiry.
2: In section 93(3)(a) relevant consent authority relevant resource consent authority
3: In section 93(3)(b) as incomplete under section 41 under section 43
254: Section 94 amended (Decision to separate joint application for consent)
1: Replace the heading to section 94 Joint processing must cease when application for resource consent referred to Environment Court
2: Repeal section 94(1) to (3)
3: In section 94(7) subpart 2 subpart 2A
255: New section 94A inserted (Environmental Protection Authority may decide to separate joint application)
After section 94
94A: Environmental Protection Authority may decide to separate joint application
1: The Environmental Protection Authority may decide that the application for a resource consent and the application for a marine consent that comprise the joint application must cease to be processed as a joint application and continue to be processed separately.
2: However, the EPA cannot make a decision under subsection (1) if the joint application for consent has been referred to a board of inquiry.
3: Subsection (1) applies only if—
a: the EPA and the relevant resource consent authority agree that the applications are sufficiently unrelated that a joint process is not necessary; or
b: one application must be publicly notified, but not the other; or
c: a hearing is required for one application, but not the other; or
d: the joint processing of the applications for resource consent and marine consent that comprise the joint application for consent is not administratively efficient.
4: In any case described in subsection (1),—
a: the relevant resource consent authority must resume processing the application for resource consent under the Resource Management Act 1991; and
b: the EPA must resume processing the application for a marine consent under subpart 2A
256: Section 96 replaced (Environmental Protection Authority to administer process)
Replace section 96
96: Environmental Protection Authority to administer process
1: The Environmental Protection Authority is responsible for ensuring the efficient and co-ordinated processing of a joint application for consent for a cross-boundary activity.
2: The EPA must, in relation to the joint application, liaise with the relevant resource consent authority to—
a: prepare a request for further information under section 54 so that, where practicable, the request covers all the information needed in relation to the whole cross-boundary activity; and
b: ensure that, if both applications must be publicly notified, they are notified jointly by the EPA and the relevant resource consent authority; and
c: set a closing date for the making of submissions (if applicable); and
d: receive submissions and provide copies of them to the relevant resource consent authority; and
e: provide general administrative services.
3: The EPA may extend a time period that applies to the processing of the application for a marine consent in order to ensure that (where applicable)—
a: the application for a marine consent is notified jointly with the application for resource consent:
b: submissions on the applications close on the same date.
257: Section 98 replaced (Separate decisions on marine consent and resource consent applications)
Replace section 98
98: Separate decisions on marine consent and resource consent applications
1: Subject to sections 99 and 99A,—
a: the relevant marine consent authority must decide an application for a marine consent, a marine discharge consent, or marine dumping consent that is part of a joint application for consent; and
b: the relevant resource consent authority must decide the application for a resource consent that is part of a joint application.
2: Sections 59 to 71 apply to an application for a marine consent, a marine discharge consent, or a marine dumping consent.
3: Sections 104 to 116 of the Resource Management Act 1991 apply to the application for a resource consent.
258: Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry)
1: In section 99(3) sections 44B, 50 to 58, and 68 sections 50 and 51
2: In section 99(4)(a) section 45(2) section 46
3: In section 99(4)(a)(ii) section 46 section 47
4: In section 99(4)(b) the EPA a marine consent authority
259: New section 99A inserted (Joint applications for section 20 activity and for nationally significant activity to be referred to board of inquiry)
After section 99
99A: Joint applications for section 20 activity and for nationally significant activity to be referred to board of inquiry
1: This section applies to a joint application for consent if—
a: the application for a marine consent is for a section 20 activity; and
b: the application for a resource consent that is or is part of a proposal of national significance is to be referred to a board of inquiry under section 142(2)(a) or 147(1)(a) of the Resource Management Act 1991.
2: The responsible Ministers must, as soon as practicable after being notified in accordance with section 46(1)(a), appoint a board of inquiry to—
a: decide the joint application; and
b: perform or exercise the functions, duties, and powers of a marine consent authority, prescribed in subparts 2C to 2E
3: The responsible Ministers must appoint 3 to 5 suitable persons to be members of the board of inquiry.
4: The Minister may, if he or she considers it appropriate, invite the EPA to nominate persons to be members of the board.
5: In appointing a person to the board, the responsible Ministers 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 the Resource Management Act 1991; and
ii: the matter or type of matter that the board will be considering; and
iii: tikanga Māori; and
b: legal expertise; and
c: technical expertise in relation to the matter or type of matter that the board will be considering.
6: The EPA must—
a: process the application for a marine consent together with the associated application for a resource consent; and
b: publicly notify the application under section 46(1)(a) if the application has not already been notified; and
c: receive submissions made under section 47
7: Sections 50 to 52 do not apply to the application for a marine consent.
8: Despite subsection (7), clauses 1 to 4 and 14 of Schedule 4
9: The following provisions of the Resource Management Act 1991 apply to the processing of the application for a marine consent as if the application were part of the associated application for a resource consent:
a: section 149L (which deals with the conduct of the inquiry):
b: section 149R (which requires the board to produce a final report), but not subsections (3)(e) and (f) and (4)(b) and (c):
c: section 149RA(1) and (2) (which allows the board to make minor corrections to board decisions and resource consents):
d: section 149S (which allows the Minister for the Environment to extend the time by which the board must report), but not subsection (4)(b):
e: section 149V (which provides for appeals against decisions to be on questions of law only) as if the reference in that section to section 149R(4)(a) to (f) were a reference to section 149R(4)(a), (d), (e), and (f).
10: In this section, responsible Ministers
a: the Minister; and
b: the Minister for the time being responsible for the administration of the Resource Management Act 1991.
260: New subpart 4 of new Part 3A inserted
After section 100
4: Decommissioning plans
100A: Submitting decommissioning plan for acceptance
1: The owner or operator of an offshore installation used in connection with petroleum production, or a structure, submarine pipeline, or submarine cable associated with such an installation, may submit a decommissioning plan to the Environmental Protection Authority for acceptance.
2: The decommissioning plan must—
a: identify the offshore installations, structures, submarine pipelines, and submarine cables that are to be decommissioned; and
b: fully describe how they are to be decommissioned; and
c: if it is a revised decommissioning plan referred to in section 100C
d: include any other information required by the regulations.
3: The regulations may elaborate on what information is required to be included in the plan under subsection (2)(a) to (c)
100B: Assessment and acceptance of decommissioning plan
1: When a decommissioning plan is submitted, the Environmental Protection Authority must—
a: deal with the plan in accordance with the process prescribed by the regulations; and
b: assess the plan against the criteria prescribed by the regulations.
2: Having assessed the plan, the EPA must,—
a: if it is satisfied that the plan meets those criteria, accept the plan as the accepted decommissioning plan for the installations, structures, pipelines, and cables to which it relates; or
b: otherwise, refuse to accept the plan.
3: To avoid doubt, the EPA may refuse to accept a plan if it considers that it does not have adequate information to determine whether it meets the criteria.
4: The EPA must give to the owner or operator—
a: written notice of its decision under subsection (2); and
b: if it refuses to accept the plan, written reasons for that decision.
100C: Amendment of accepted decommissioning plan
1: If the owner or operator of an offshore installation, structure, submarine pipeline, or submarine cable wishes to amend the accepted decommissioning plan (the current plan section 100A
2: If the EPA accepts the revised plan under section 100B(2)(a)
a: the current plan ceases to be the accepted decommissioning plan; and
b: the revised plan becomes the accepted decommissioning plan in its place.
100D: Requirement for public consultation
1: Regulations made for the purposes of section 100B
2: However, in relation to a revised decommissioning plan referred to in section 100C
a: that public consultation is required only in relation to the changes from the current plan (as defined in section 100C
b: that public consultation is not required if the EPA is satisfied that the effect on the environment and existing interests of implementing the revised decommissioning plan would not be materially different from, or would be less than, the effect of implementing the current plan.
3: Regulations are to be regarded as providing for public consultation
a: require the EPA to publicly notify the plan; and
b: allow any person who wishes to make a submission about the plan a reasonable opportunity to do so; and
c: require the owner or operator of the offshore installation, structure, submarine pipeline, or submarine cable to consider each submission and either—
i: amend the plan in response to the submission; or
ii: explain to the EPA why it does not propose to amend the plan in response to the submission.
261: Subpart 1 heading in Part 4 replaced
In Part 4
1: Objections to decisions of marine consent authority
262: Section 101 amended (Right of objection to Environmental Protection Authority against certain decisions)
1: Replace section 101(1)
1: An applicant for a marine consent may object to a decision of a marine consent authority—
a: under section 40
b: under section 41
c: under section 56
2: In section 101(2)
a: delete under section 58(5)
b: replace the EPA a marine consent authority
263: Section 102 amended (Procedure for making or hearing objection)
1: In section 102(1) the Environmental Protection Authority a marine consent authority
2: In section 102(3) EPA marine consent authority
264: Section 103 amended (Decision on objection)
1: In section 103(1) The Environmental Protection Authority A marine consent authority
2: In section 103(2) EPA marine consent authority
265: New subpart 1A heading in Part 4 inserted
After section 104
1A: Appeals against Environmental Protection Authority decisions
266: Section 105 amended (Appeals on question of law)
In section 105(1)(b) decline refuse
267: Section 109 repealed (Representation at proceedings)
Repeal section 109
268: New subparts 1B and 1C of Part 4 inserted
After section 113
1B: Appeals against decisions of boards of inquiry
Appeal to High Court on question of law
113A: Appeals on question of law
1: The applicant for a consent or any submitter on an application for a consent may appeal to the High Court against the whole or a part of a decision of a board of inquiry to—
a: grant an application for a consent; or
b: refuse an application; or
c: impose any conditions on a consent.
2: An appeal lodged under this section may be only on a question of law.
3: This section is in addition to the rights provided for in section 101.
113B: Notice of appeal
1: An appellant must file a notice of appeal with the Registrar of the High Court in Wellington within 15 working days after the date on which the appellant is notified of the decision of a board of inquiry.
2: The appellant must also serve a copy of the notice of the appeal on the board of inquiry and the EPA within the time limit specified in subsection (1).
3: The notice of appeal must specify—
a: the decision or part of the decision appealed against; and
b: the error of law alleged by the appellant; and
c: the grounds of appeal with sufficient particularity for the court and other parties to understand them; and
d: the relief sought.
4: The appellant must serve a copy of the notice of appeal on—
a: the applicant or consent holder, if the appellant is not the applicant or consent holder; and
b: any submitter on the application for consent, or a change of the consent conditions, or a review of consent conditions.
5: The appellant must comply with subsection (4) no later than 5 working days after the appeal is filed.
6: The board of inquiry must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal.
113C: Right to appear and be heard on appeal
1: The applicant for, or holder of, the consent to which the appeal relates and any submitters who wish to appear on an appeal to the High Court must give notice of intention to appear to—
a: the appellant; and
b: the Registrar of the High Court; and
c: the Environmental Protection Authority; and
d: the board of inquiry.
2: The notice to appear must be served within 10 working days after the person is served with the notice of appeal.
113D: Parties to appeal
The parties to an appeal before the High Court are—
a: the appellant; and
b: the board of inquiry whose decision is being appealed; and
c: the Environmental Protection Authority; and
d: a person who gives notice of intention to appear under section 113C; and
e: a person who becomes a party to an appeal under section 113I.
113E: 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.
113F: Date of hearing
1: An appeal is ready for hearing when the appellant notifies the Registrar of the High Court that the notice of appeal has been served on all parties to the proceedings.
2: The Registrar must arrange a hearing date as soon as practicable after being notified that the notice of appeal has been served on all parties to the proceedings.
113G: Application of High Court Rules
The High Court Rules apply if a procedural matter is not provided for by sections 113A to 113F. Appeal to Supreme Court
113H: Appeal to Supreme Court
1: Any party to an appeal under section 113D may apply to the Supreme Court for leave to appeal a decision of the High Court under this subpart, but only on a question of law.
2: The Supreme Court may—
a: grant leave; or
b: deny leave; or
c: remit the appeal to the Court of Appeal.
3: No appeal may be made from any appeal determined by the Court of Appeal under subsection (2)(c).
4: An application for leave for the purposes of subsection (1) must be filed no later than 10 working days after the determination of the High Court.
1C: Proceedings generally
113I: Representation at proceedings
1: The following persons may be a party to any proceedings before the High Court under this Act:
a: the Attorney-General, representing a relevant aspect of the public interest:
b: the relevant resource consent authority in relation to proceedings affecting a cross-boundary activity to which subpart 3 of Part 3A
2: A person described in subsection (1) may become a party to the proceedings by giving notice to the High Court and to all other parties within 15 working days after—
a: the period for lodging a notice of appeal ends, if the proceedings are an appeal:
b: the proceedings are commenced, in any other case.
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 and the reasons for that support or opposition; and
c: if applicable, the grounds for seeking representation under subsection (1)(a); 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 subsection (5)
5: Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal or other proceeding.
6: 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.
269: Section 134G amended (Other offences)
In section 134G(2)(b) section 55 a provision of the Commissions of Inquiry Act 1908 as applied by clause 4 of Schedule 2 clause 5 of Schedule 3 clause 9 of Schedule 4
270: Section 137 amended (Limitation period)
In section 137(1) and (2) 6 12
271: Section 141 amended (Power of entry for inspection)
Replace section 141(2)
2: The power to enter and inspect allows the person to—
a: inspect any item found in a place, vehicle, vessel, or structure entered in accordance with subsection (1):
b: take a sample of any substance:
c: seize anything that may be lawfully seized:
d: conduct examinations, tests, inquiries, and demonstrations:
e: require the production of, and copy, any document or part of a document.
272: Section 142 amended (Protection of the Crown and others)
After section 142(d)
e: a board of inquiry appointed under section 52, 99, or 99A.
273: Section 143 amended (Principles of cost recovery)
In section 143(2) include include (but are not limited to)
274: Section 148 amended (Service of documents)
Replace section 148(1)
1: If a notice or other document is to be served on a person for the purposes of this Act,—
a: it must, if the person has specified an electronic address as an address for service for the matter to which the document relates, be served by sending it to the electronic address; and
b: it may, if paragraph (a) does not apply, be served by any of the following methods:
i: delivering it personally to the person, except if the person is 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: sending it to the usual or last known electronic address of the person:
v: posting it to the post office box address that the person has specified as an address for service:
vi: leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service:
vii: sending it to the fax number that the person has specified as an address for service.
275: New section 158BA inserted (EPA and WorkSafe to share information)
After section 158B
158BA: EPA and WorkSafe to share information
1: The Environmental Protection Authority may provide WorkSafe with any information that the EPA holds and that the EPA considers may assist WorkSafe in the performance of WorkSafe’s functions under the WorkSafe New Zealand Act 2013.
2: WorkSafe may provide the EPA with any information that WorkSafe holds and that it considers may assist the EPA in the performance of the EPA’s functions under this Act.
3: If any information provided by the EPA under subsection (1) is the subject of a direction made under section 158, that section continues to apply to the information and WorkSafe must comply with that section.
276: Section 161 amended (Existing petroleum activities that become discretionary)
1: In section 161(4) Section 41 Section 43
2: In section 161(5)(b)(ii) and (6) section 41 section 43
277: Section 162 amended (Existing petroleum mining activities involving structures or pipelines)
In section 162(2)
a: after subsection (3) where the activity has adverse effects on the environment or existing interests
b: delete on the environment or existing interests of an activity
278: Section 163 amended (Other existing activities that become discretionary)
In section 163(3)(b)(ii) and (4) section 41 section 43
279: Section 164A amended (Dumping permits issued under Maritime Transport Act 1994)
In section 164A section 87F of
280: Section 164B amended (Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents)
In section 164B(2) section 87F this Act
281: Section 166 amended (Planned petroleum activities that become discretionary)
1: In section 166(4) Section 41 Section 43
2: In section 166(5)(b)(ii) and (6) section 41 section 43
282: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 8
283: Schedule amended
1: In the Schedule Schedule 2
2: In the Schedule s 44B s 50(3)
284: New Schedules 3 and 4 inserted
After the Schedule section 283 Schedule 2 Schedules 3 and 4 Schedule 9
285: Consequential amendment to Environmental Protection Authority Act 2011
1: This section amends the Environmental Protection Authority Act 2011
2: In the heading to section 19 Function Functions
3: Replace section 19(1)
1: The functions of the Māori Advisory Committee are—
a: to provide advice and assistance to the EPA on matters relating to policy, process, and decisions of the EPA under an environmental Act or this Act; and
b: to provide advice to a marine consent authority when the committee’s advice is sought under section 56(1)(b)
286: Consequential amendment to Maritime Transport Act 1994
1: This section amends the Maritime Transport Act 1994
2: In section 261(5)(b) section 87F of