1: Title
This Act is the Environmental Protection Authority Act 2011.
2: Commencement
1: Parts 1 2
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
3: Any provision that has not earlier been brought into force comes into force on 1 December 2012.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 1 July 2011 clause 2(1) Environmental Protection Authority Act Commencement Order 2011 Section 2(2) brought into force 1 July 2011 clause 2(2) Environmental Protection Authority Act Commencement Order 2011 Section 2(2) brought into force 5 December 2011 clause 2 Environmental Protection Authority Act Commencement Order (No 2) 2011 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to establish an Environmental Protection Authority and to provide for its functions and operation.
4: Treaty of Waitangi (Te Tiriti o Waitangi)
In order to recognise and respect the Crown's responsibility to take appropriate account of the Treaty of Waitangi,—
a: section 18
b: the EPA and any person acting on behalf of the EPA must comply with the requirements of an environmental Act in relation to the Treaty, when exercising powers or functions under that Act.
5: Interpretation
In this Act, unless the context otherwise requires,— chief executive section 15 collective agreement section 22 employee section 22 employment agreement section 22 environment section 2(1) environmental Act
a: the Climate Change Response Act 2002
ab: the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: the Hazardous Substances and New Organisms Act 1996
c: the Imports and Exports (Restrictions) Act 1988
ca: the Fast-track Approvals Act 2024
d: the Ozone Layer Protection Act 1996
e: the Resource Management Act 1991
f: Environmental Protection Authority Authority EPA section 7 Environmental Risk Management Authority ERMA section 14 fees framework former EPA section 22 Māori Advisory Committee section 18 Minister natural and physical resources section 2(1) Nga Kaihautu Tikanga Taiao section 24A previous employer section 39(4) Section 5 environment amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 5 environmental Act inserted 28 June 2013 section 174 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 5 environmental Act replaced 24 December 2024 section 121 Fast-track Approvals Act 2024 Section 5 environmental Act repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
6: Act binds the Crown
This Act binds the Crown.
2: Environmental Protection Authority
Establishment of Environmental Protection Authority
7: Environmental Protection Authority established
This section establishes the Environmental Protection Authority.
8: EPA is Crown entity
1: The Environmental Protection Authority is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
9: Board of EPA
1: The Minister must appoint no fewer than 6, and no more than 8, persons as members of the EPA.
2: The members are the EPA's board for the purposes of the Crown Entities Act 2004
3: The Minister must appoint at least 1 member who has knowledge and experience relating to the Treaty of Waitangi and tikanga Māori (Māori customary values and practices).
10: Qualifications for appointment to board
1: The Minister must appoint members to the EPA board who collectively have knowledge of, and experience in relation to, matters relevant to the functions of the EPA.
2: Knowledge and experience that are relevant include knowledge of, and experience relating to,—
a: governance procedures and organisational change; and
b: New Zealand's environmental management system; and
c: the links between the economy and environmental management; and
d: the Treaty of Waitangi and tikanga Māori; and
e: administration of environmental and risk management frameworks; and
f: central government processes.
3: This section does not limit section 29
11: Restriction on membership
1: The following persons may not be appointed to the EPA board:
a: the chief executive:
b: an employee of the EPA.
2: This section does not limit section 30(2) Functions of EPA
12: Objective of EPA
1: The objective of the EPA is to undertake its functions in a way that—
a: contributes to the efficient, effective, and transparent management of New Zealand's environment and natural and physical resources; and
b: enables New Zealand to meet its international obligations.
2: When undertaking its particular functions under an environmental Act, the EPA must also act in a way that furthers any objectives (or purposes) stated in respect of that Act.
13: Functions of EPA
The functions of the EPA are—
a: to advise the Minister on any matter relating to its functions under this Act or an environmental Act:
b: to exercise the powers, and carry out the functions and duties, conferred on it by or under this Act or an environmental Act:
c: if requested by the Minister,—
i: to provide technical advice to the Government and Crown entities on any matter related to its functions under an environmental Act:
ii: to provide administrative assistance (including secretarial services) to a person or group of people appointed by the Minister to provide advice or report on any matter related to its functions under an environmental Act:
iia: to provide secretarial and support services to a person appointed under an Act to make a decision requiring the application of provisions of the Resource Management Act 1991 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
iib: to provide support services to an IHP established under Schedule 3
iii: to contribute to and co-operate with international forums and carry out international obligations related to its functions under an environmental Act. Section 13(c)(iia) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 13(c)(iia) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 13(c)(iib) inserted 7 August 2020 section 300 Urban Development Act 2020
14: Limitation on power to contract
1: Before the EPA enters into a contract authorising a person to carry out a function of the EPA under this Act or an environmental Act, the EPA must have regard to the matters set out in subsection (2).
2: The matters are—
a: whether the function might be more efficiently carried out by the EPA:
b: the desirability of keeping institutional knowledge within the EPA:
c: whether entering into the contract would limit the EPA's ability to meet its obligations.
3: This section does not limit sections 16 17
15: Appointment of chief executive
1: The EPA must appoint a chief executive to be responsible for the efficient and effective administration of the affairs of the EPA.
2: Members of the EPA are not eligible for appointment as the chief executive.
3: Section 117 Delegation by Minister
16: Delegation of functions or powers of Minister under environmental Acts
1: In this section, Minister
2: This section applies if a Minister delegates to the EPA a function or power under an environmental Act.
3: The delegation must be in writing.
4: The EPA—
a: may perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on the EPA directly by an enactment and not by delegation, unless the delegation limits the performance or exercise of the power; and
b: may delegate the function or power only—
i: with the prior written consent of the Minister; and
ii: subject to the same restrictions, and with the same effect, as if the subdelegate were the EPA.
5: If the EPA purports to perform a function or exercise a power under a delegation, the EPA—
a: is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of the delegation; and
b: must produce evidence of its authority to do so, if reasonably requested to do so.
6: No delegation in accordance with an environmental Act—
a: affects or prevents the performance of any function or the exercise of any power by the Minister; or
b: affects the Minister's responsibility for the actions of the EPA acting under the delegation. Delegation by EPA
17: EPA's power of delegation
1: The EPA must not delegate its power to—
a: appoint a chief executive under section 15
b: appoint the members of the Māori Advisory Committee under section 18
c: appoint a committee under clause 14
2: In other respects, section 73 Māori Advisory Committee
18: Māori Advisory Committee established
1: This section establishes the Māori Advisory Committee.
2: The EPA must appoint no fewer than 4, and no more than 8, persons to be members of the committee.
3: The EPA must not appoint one of its own members to be a member of the committee.
4: The EPA must appoint 1 member of the committee to be the chairperson of the committee.
19: Functions
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)
2: The advice and assistance must be given from the Māori perspective and come within the terms of reference of the committee as set by the EPA under section 20 Section 19 heading amended 1 June 2017 section 285(2) Resource Legislation Amendment Act 2017 Section 19(1) replaced 1 June 2017 section 285(3) Resource Legislation Amendment Act 2017
20: Terms of reference of Māori Advisory Committee
1: The EPA must set terms of reference for the Māori Advisory Committee.
2: The EPA must review the terms of reference at intervals of no more than 3 years.
21: Remuneration of Māori Advisory Committee
A member of the Māori Advisory Committee is entitled, in accordance with the fees framework,—
a: to receive remuneration for services as a member at a rate and of a kind determined by the EPA; and
b: to be reimbursed for actual and reasonable travelling expenses incurred in carrying out his or her functions as a member.
3: Disestablishment of entities, transfer of functions, and other matters
22: Interpretation
In this Part,— collective agreement section 5 employee employment agreement section 5 former EPA section 42B Section 22 collective agreement amended 7 August 2020 section 135 Public Service Act 2020 Section 22 employment agreement amended 7 August 2020 section 135 Public Service Act 2020
1: Disestablishment of Environmental Protection Authority established by Resource Management Act 1991
23: Environmental Protection Authority established by Resource Management Act 1991 disestablished
The Environmental Protection Authority established by section 42B
24: Consequences of disestablishment of former Environmental Protection Authority
1: On and from the commencement of section 23
a: all information held by the former EPA is held by the EPA; and
b: all money payable to or by the former EPA becomes payable to or by the EPA; and
c: all rights, liabilities, contracts, entitlements, and engagements of the former EPA become the rights, liabilities, contracts, entitlements, and engagements of the EPA; and
d: all directions to the former EPA in effect immediately before the commencement of this section become directions to the EPA; and
e: any delegation to the former EPA by the Minister under section 29(4)
f: anything done, or omitted to be done, or that is to be done, by, or in relation to, the former EPA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
g: the commencement, continuation, or enforcement of proceedings by or against the former EPA may instead be carried out by or against the EPA without amendment to the proceedings; and
h: a matter or thing that would, but for this section, have been completed by the former EPA may be completed by the EPA.
2: The transfer of information from the former EPA to the EPA under subsection (1)(a) does not constitute an action that is an interference with the privacy of an individual under section 69
3: On and from the commencement of section 23 Section 24(1)(e) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 24(2) amended 1 December 2020 section 217 Privacy Act 2020
25: References to EPA established by Resource Management Act 1991
Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of section 23 Resource Management Act 1991 section 7
2: Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao
Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao
26: Environmental Risk Management Authority disestablished
The Environmental Risk Management Authority is disestablished.
27: ERMA committees disestablished
Every committee appointed by ERMA under clause 43 of Schedule 1
28: Nga Kaihautu Tikanga Taiao disestablished
Nga Kaihautu Tikanga Taiao is disestablished.
29: No compensation for loss of office
The Crown is not liable to make a payment to, or otherwise compensate, any person in relation to the person's ceasing to be a member of ERMA or Nga Kaihautu Tikanga Taiao because of the disestablishment of ERMA or Nga Kaihautu Tikanga Taiao. Transfer of functions, etc, of ERMA to EPA
30: Transfer of functions, etc, of ERMA to EPA
1: On and from the commencement of section 26
a: the functions, duties, and powers of ERMA under any enactment become the functions, duties, and powers of the EPA; and
b: the property belonging to ERMA vests in the EPA; and
c: all information held by ERMA is held by the EPA; and
d: all money payable to or by ERMA becomes payable to or by the EPA; and
e: all rights, liabilities, contracts, entitlements, and engagements of ERMA become the rights, liabilities, contracts, entitlements, and engagements of the EPA; and
f: all directions to ERMA in effect immediately before the commencement of this section become directions to the EPA; and
g: any delegation by ERMA to the chief executive of ERMA that is in effect immediately before the commencement of this section has effect as if it were a delegation by the EPA to the EPA's chief executive; and
h: anything done, or omitted to be done, or that is to be done, by, or in relation to, ERMA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
i: the commencement, continuation, or enforcement of proceedings by or against ERMA may instead be carried out by or against to EPA without amendment to the proceedings; and
j: a matter or thing that would, but for this section, have been completed by ERMA may be completed by the EPA.
2: The transfer of information from ERMA to the EPA under subsection (1)(c) does not constitute an action that is an interference with the privacy of an individual under section 69
3: This section applies subject to section 32 Section 30(2) amended 1 December 2020 section 217 Privacy Act 2020
31: Certain delegations continue
1: The following delegations continue in effect as if they were made by the EPA:
a: any delegation by ERMA under section 19(2)(b) section 32(2)
b: any other delegation by ERMA under section 19(2) section 26
2: However, a delegation to a member of ERMA or a number of people including a member of ERMA, other than a delegation to which subsection (1)(a) applies, is revoked on the commencement of section 26
3: To avoid doubt, the EPA may revoke a delegation continued under subsection (1).
32: Applications to be completed
1: This section applies to—
a: an application made under Part 5 6A section 26
i: a hearing date has been fixed under section 59(1)(d)
ii: a date for consideration of the application has been fixed under section 59(1)(d)
b: the committee appointed by ERMA under clause 43 of Schedule 1
2: Despite sections 26 27 30
a: continues in existence as if it were a committee appointed by the EPA; and
b: continues to have all the necessary powers and functions delegated to it under section 19(2)(b)
3: However, if the EPA revokes the delegation referred to in subsection (2)(b), the committee ceases to exist.
4: The decision of the committee is to be treated as a decision of the EPA.
33: Matters relating to continued committee
1: The EPA may appoint additional members to a committee continued under section 32
2: A committee continued under section 32(2)(a)
a: the day after the date on which the last application to be decided by the committee is decided; or
b: the date on which the committee receives written notice of the EPA's revocation of the delegation in accordance with section 76
3: To avoid doubt, a continued committee need not include a member of the EPA.
34: Final report and accounts of ERMA
1: As soon as is reasonably practicable after the commencement of section 26
2: The final report must—
a: describe ERMA's operations for the period beginning on 1 July 2010 and ending immediately before the date on which section 26
b: include financial statements for ERMA, prepared in accordance with section 154
3: Sections 155 156
4: The Minister must present a copy of the report to the House of Representatives under section 150(3)
35: References to ERMA
Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of section 26
3: Transfer of employees
36: Transfer of certain State services employees to EPA
1: The EPA and the chief executive of the Ministry for the Environment may agree to transfer the following employees of the Ministry to the EPA:
a: an employee whose employment at the Ministry relates to the functions of the former EPA; and
b: an employee whose employment at the Ministry relates to the chief executive's functions under the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
c: an employee whose employment at the Ministry relates to the Minister for the Environment's functions under the Imports and Exports (Restrictions) Act 1988 Imports and Exports (Restrictions) Amendment Act 2011
d: an employee whose employment at the Ministry relates to the Minister for the Environment's functions under the Ozone Layer Protection Act 1996 Ozone Layer Protection Amendment Act 2011
2: The EPA and the chief executive of the Ministry of Economic Development may agree to transfer the following employees of the Ministry to the EPA:
a: an employee whose employment at the Ministry relates to the chief executive's functions under the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
b: an employee whose employment at the Ministry relates to the Minister of Commerce's functions under the Imports and Exports (Restrictions) Act 1988 Imports and Exports (Restrictions) Amendment Act 2011
c: an employee whose employment at the Ministry relates to the Minister of Commerce's functions under the Ozone Layer Protection Act 1996 Ozone Layer Protection Amendment Act 2011
3: The EPA and the chief executive of the Ministry that employs the employee must consult the employee concerned before deciding whether to transfer an employee from the Ministry to the EPA.
4: An employee transferred under subsection (1)(a) becomes an employee of the EPA on the commencement of section 23
5: An employee transferred under subsection (1)(b) or (2)(a) becomes an employee of the EPA on the commencement of the Climate Change Response Amendment Act 2011
6: An employee transferred under subsection (1)(c) or (2)(b) becomes an employee of the EPA on the commencement of the Imports and Exports (Restrictions) Amendment Act 2011
7: An employee transferred under subsection (1)(d) or (2)(c) becomes an employee of the EPA on the commencement of the Ozone Layer Protection Amendment Act 2011
37: Terms and conditions of employment of transferred employees
1: This section applies to an employee transferred to the EPA under section 36
2: The employee must be employed on terms and conditions no less favourable to the employee than those applying to the employee immediately before the date of the employee's transfer to the EPA.
3: Subsection (2) continues to apply to an employee's terms and conditions of employment until the terms and conditions are varied by agreement between the employee and the EPA.
38: Transfer of ERMA employees to EPA
1: Every person employed by ERMA immediately before the commencement of section 26
2: The terms and conditions of employment of each employee remain the same as the terms and conditions of his or her employment with ERMA immediately before the commencement of section 26
3: Subsection (2) continues to apply to an employee's terms and conditions of employment until the terms and conditions are varied by agreement between the employee and the EPA.
39: Continuity of employment
1: This section applies for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of an employee transferred to the EPA under section 36 38
2: The employee's employment is to be treated as unbroken and the employee's period of service with the previous employer ending on the close of the day before the employee is transferred under section 36 38
3: Every other period of service of the employee that is recognised by the previous employer as continuous service is to be treated as a period of service with the EPA.
4: In this section and sections 40 41 previous employer
40: Employees covered by collective agreement
1: This section applies to an employee of the Ministry for the Environment or the Ministry of Economic Development or ERMA who was covered by a collective agreement with the employee's previous employer immediately before the employee was transferred to the EPA under section 36 38
2: The employee continues to be bound by the collective agreement and may enforce the collective agreement against the EPA.
3: The EPA is bound by the collective agreement only to the extent that it relates to the employee.
4: This section does not apply to a collective agreement to the extent that the EPA and the employee agree otherwise.
41: Restriction on compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that the employee's position with his or her previous employer has ceased to exist, if—
a: the employee's position ceases to exist as a result of the transfer of functions from his or her previous employer to the EPA; and
b: in connection with the transfer of functions,—
i: the employee is offered equivalent employment with the EPA (whether or not the employee accepts the offer); or
ii: the employee is offered and accepts other employment with the EPA.
2: In subsection (1), employment with the EPA is equivalent to the employee's employment with his or her previous employer if the employment with the EPA is—
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions). Superannuation
42: Superannuation or retiring allowance
1: This section applies to a person who is an employee transferred to the EPA under section 36 38 Part 2 2A
2: The person is, for the purpose of the Government Superannuation Fund Act 1956, to be treated as if he or she continues to be employed in the Government service while the person is an employee of the EPA for the purposes of that Act, and that Act applies to the person as if the person's service as an employee of the EPA is Government service.
3: However, if the person ceases to be a contributor to the Government Superannuation Fund after becoming an employee of the EPA, the person may not resume making contributions to the Fund.
4: For the purpose of applying the Government Superannuation Fund Act 1956 controlling authority
43: KiwiSaver Act 2006 not to apply to transferred employee
The employment of an employee who becomes an employee of the EPA under this Act does not constitute new employment for the purposes of the KiwiSaver Act 2006
4: Matters related to transfer of functions under Climate Change Response Act 2002
Cancellation of Registrar's appointment
44: Cancellation of appointment of Registrar
The appointment of a person holding the office of Registrar under section 11 section 7 Consequences of transfer of climate change functions
45: Consequences of transfer of functions under Climate Change Response Act 2002 to EPA
1: This section applies to a function of a former agency under the Climate Change Response Act 2002 that is transferred to the EPA as a consequence of the amendment of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
2: On and from the commencement of the Climate Change Response Amendment Act 2011
a: all information that relates solely or principally to the function and that is held by a former agency is held by the EPA; and
b: all money payable to or by a former agency in relation to the function becomes payable to or by the EPA; and
c: all rights, liabilities, entitlements, and engagements of a former agency in relation to the function become the rights, liabilities, entitlements, and engagements of the EPA; and
d: all directions to a former agency that relate to the function and that are in effect immediately before the commencement of this section become directions to the EPA; and
e: anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, a former agency is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
f: the commencement, continuation, or enforcement of proceedings relating to the function by or against a former agency may instead be carried out by or against the EPA without amendment to the proceedings; and
g: a matter or thing relating to the function that would, but for this section, have been completed by a former agency may be completed by the EPA.
3: In this section, former agency section 44
4: On and from the commencement of the Climate Change Response Amendment Act 2011
5: The transfer of information from a former agency to the EPA under subsection (2)(a) does not constitute an action that is an interference with the privacy of an individual under section 69 Section 45(5) amended 1 December 2020 section 217 Privacy Act 2020
46: Delegations continued
1: This section applies to a delegation—
a: by the chief executive of a department with responsibility for the administration of a Part or subpart of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
b: that relates to a function of the department that is transferred to the EPA as a consequence of the amendment of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
2: Despite the amendment of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
3: To avoid doubt, the EPA may revoke a delegation continued under subsection (2). Transfer of contracts
47: Transfer of contracts to EPA
1: This section applies to a contract (other than an employment agreement) that—
a: was made between the chief executive of the Ministry for the Environment or chief executive of the Ministry of Economic Development and another person; and
b: relates solely to a function or power of the chief executive under the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
2: On and from the commencement of this section, the contract must be treated as if the EPA were the party to the contract instead of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, as appropriate.
3: Unless the context otherwise requires, every reference in a contract to the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, or a delegate of the chief executive, is to be read as a reference to the EPA.
48: Consequences of transfer of contracts to EPA
1: This section applies only in relation to a contract transferred to the EPA under section 47
2: On and from the commencement of section 47
a: all rights, liabilities, and entitlements of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development under the contract become the rights, liabilities, and entitlements of the EPA; and
b: anything done, or omitted to be done, or that is to be done, by, or in relation to, the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
c: the commencement, continuation, or enforcement of proceedings by or against the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development may instead be carried out by or against the EPA without amendment to the proceedings. Continuation of enforcement officers
49: Continuation of enforcement officers
Despite the amendments made to section 93 section 15
a: if the person is also an employee of the Ministry for the Environment, the Ministry of Economic Development, or ERMA who is transferred to the EPA under section 36 38
b: if paragraph (a) does not apply, as if the EPA had delegated the power to appoint the person as an enforcement officer to the person who made the appointment.
5: Matters related to transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996
50: Consequences of transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996 to EPA
1: This section applies to a function of a Minister under the Imports and Exports (Restrictions) Act 1988 Ozone Layer Protection Act 1996 Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
2: On and from the commencement of the Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
a: all information that relates solely or principally to the function and that is held by a former agency is held by the EPA; and
b: all money payable to or by a former agency in relation to the function becomes payable to or by the EPA; and
c: all rights, liabilities, entitlements, and engagements of a former agency in relation to the function become the rights, liabilities, entitlements, and engagements of the EPA; and
d: all directions to a former agency that relate to the function and that are in effect immediately before the commencement of this section become directions to the EPA; and
e: anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, a former agency is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
f: the commencement, continuation, or enforcement of proceedings relating to the function by or against a Minister may instead be carried out by or against the EPA without amendment to the proceedings; and
g: a matter or thing relating to the function that would, but for this section, have been completed by a former agency may be completed by the EPA.
3: In this section, former agency
4: On and from the commencement of the Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
5: The transfer of information from a former agency to the EPA under subsection (2)(a) does not constitute an action that is an interference with the privacy of an individual under section 69 Section 50(5) amended 1 December 2020 section 217 Privacy Act 2020 Transfer of contracts
51: Transfer of contracts to EPA
1: This section applies to a contract (other than an employment agreement) that—
a: was made between the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development and another person; and
b: relates solely or principally to a function or power of a Minister under the Imports and Exports (Restrictions) Act 1988 Ozone Layer Protection Act 1996 Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
2: On and from the commencement of this section, the contract must be treated as if the EPA were the party to the contract instead of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, as appropriate.
3: Unless the context otherwise requires, every reference in the contract to the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, or a delegate of the chief executive, is to be read as a reference to the EPA.
52: Consequences of transfer of contracts to EPA
1: This section applies only in relation to a contract transferred to the EPA under section 51
2: On and from the commencement of section 51
a: all rights, liabilities, and entitlements of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development under the contract become the rights, liabilities, and entitlements of the EPA; and
b: anything done, or omitted to be done, or that is to be done, by, or in relation to, the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
c: the commencement, continuation, or enforcement of proceedings by or against the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development may instead be carried out by or against the EPA without amendment to the proceedings.
4: Minor and consequential amendments
53: Consequential amendments
1: The Acts listed in Schedule 1
2: The regulations made under the Climate Change Response Act 2002 Schedule 2
3: The regulations made under the Hazardous Substances and New Organisms Act 1996 Schedule 3 OIC SR 2011/193 2011-07-01 Agricultural Compounds and Veterinary Medicines Act 1997 Biosecurity Act 1993 Civil Aviation Act 1990 Crown Entities Act 2004 Fire Service Act 1975 Food Act 1981 Gas Act 1992 Health Act 1956 Health and Safety in Employment Act 1992 Medicines Act 1981 Ombudsmen Act 1975 Radiation Protection Act 1965 Terrorism Suppression Act 2002 Transport Act 1962 OIC (SR 2011/321) 2011-12-05 Climate Change (Agriculture Sector) Regulations 2010 Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010 Climate Change (Forestry Sector) Regulations 2008 Climate Change (Liquid Fossil Fuels) Regulations 2008 Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 Climate Change (Unique Emissions Factors) Regulations 2009 Climate Change (Unit Register) Regulations 2008 Climate Change (Waste) Regulations 2010 OIC SR 2011/193 2011-07-01 Hazardous Substances and New Organisms (Methodology) Order 1998 Hazardous Substances (Compressed Gases) Regulations 2004 Hazardous Substances (Emergency Management) Regulations 2001 Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003
54: Minor amendments to Imports and Exports (Restrictions) Prohibition Order (No 2) 2004
The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Schedule 4 OIC SR 2011/193 2011-07-01 Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Section 54 may be brought into force on a date appointed by the Governor-General by Order in Council. If brought into force by an OIC, please change the amends-note date and add SR number of the commencing reg to the authority field. If it has not already commenced, it comes into force on 1 December 2012.
55: Minor amendments to Ozone Layer Protection Regulations 1996
The Ozone Layer Protection Regulations 1996 Schedule 5 OIC SR 2011/193 2011-07-01 Ozone Layer Protection Regulations 1996 Section 54 may be brought into force on a date appointed by the Governor-General by Order in Council. If brought into force by an OIC, please change the amends-note date and add SR number of the commencing reg to the authority field. If it has not already commenced, it comes into force on 1 December 2012.


1: Title
This Act is the Climate Change Response Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2 this Act brought into force 5 December 2011 Climate Change Response Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Climate Change Response Act 2002 OIC SR 2011/320 2011-12-05 Climate Change Response Act 2002
4: Interpretation
1: Section 4(1) chief executive chief executive responsible for the administration of this Act chief executive .
2: Section 4(1) Environmental Protection Authority EPA section 7 of the Environmental Protection Authority Act 2011 Registrar section 11 .
3: Section 4(1) inventory agency inventory agency .
4: Section 4(1) Minister Minister responsible for the administration of this Act Minister .
5: Registrar must give effect to directions of Minister of Finance
Section 8
2: To avoid doubt, the Crown Entities Act 2004 does not apply to a direction by the Minister of Finance to the Registrar.
6: New subpart 1A of Part 2 inserted
The following subpart is inserted after section 9
1A: Chief executive
9A: Functions of chief executive
The functions of the chief executive are to—
a: advise the Minister; and
b: be the inventory agency; and
c: publish information on the Internet in accordance with this Act.
9B: Delegation by chief executive
1: The chief executive may delegate any of his or her functions, duties, and powers under this Act to the EPA.
2: Section 41 of the State Sector Act 1988 applies to a delegation under this section as if the EPA were an employee of the chief executive.
7: Section 11 substituted
Section 11
11: EPA to appoint Registrar
The EPA must appoint an employee of the EPA as the Registrar.
8: Registrar responsible for Registry
Section 12 , on behalf of the Crown, operation
9: Regulations relating to Part 2
Section 30G
3A: The amount of fees set under regulations made under subsection (1)(f) must not exceed the amount necessary to enable the recovery of the direct and indirect costs of the Registrar in performing his or her functions under this Part.
10: Authorisation of inspectors
Section 36(1) ; or
d: employees of the EPA.
11: Subpart 3 heading substituted
The heading to subpart 3
3: Environmental Protection Authority
.
12: Functions of chief executive
1: Section 87 chief executive EPA
2: Section 87
3: For the avoidance of doubt, the EPA undertakes the functions described in subsection (1) on behalf of the Crown.
13: New section 87A inserted
The following section is inserted after section 87
87A: Delegation by EPA
1: The EPA must not delegate its power to appoint the Registrar under section 11
2: In all other respects, section 73 of the Crown Entities Act 2004 applies, except that subsection (1) of that section applies as if paragraph (d) were repealed and the following paragraph substituted:
d: a person, or an office holder in a department of the Public Service, approved by the entity's responsible Minister: .
14: Directions to chief executive
1: Section 88(1) chief executive EPA
2: Section 88(1) chief executive's EPA's
3: Section 88(3)(b) department of the chief executive EPA
4: Section 88
4: Before giving a direction under subsection (1), the Minister must comply with section 115(1) of the Crown Entities Act 2004.
15: Appointment of enforcement officers
1: Section 93
1: The EPA may appoint 1 or more persons who are employees of the EPA as enforcement officers to exercise 1 or more of the powers and perform the functions conferred on enforcement officers under this Part.
2: If the EPA delegates the power to appoint a person as an enforcement officer to the chief executive of a department of the Public Service, the chief executive of the department may appoint a person as an enforcement officer only if the person is employed by a government department, in which case the chief executive must employ the person under the State Sector Act 1988.
3: The EPA must supply each enforcement officer with a warrant of authorisation that clearly states the powers and functions of the officer.
2: Section 93(6)
16: Obligation to maintain confidentiality
1: Section 99(1)
a: to the chief executive, the EPA, an enforcement officer, and any other person who performs functions or exercises powers of the chief executive, the EPA, or an enforcement officer under this Part and Part 5; and .
2: Section 99(2)(b)(iii) or for the administration of this Act this Part
3: Section 99(2)(b)
iiia: for the purposes of, or in connection with, reporting requirements of the Public Finance Act 1989; or .
4: Section 99(4) or the EPA chief executive
17: New section 138A
The following section is inserted after section 138
138A: Penalties to be paid into Crown account
The EPA must pay the amount of all excess emissions penalties and interest on the penalties received from a person in accordance with section 134, 136, or 137 into a Crown Bank Account.
18: Regulations relating to methodologies and verifiers
1: Section 163(1)(ab), (c), (d), and (e)(v) chief executive EPA
2: Section 163(1)(e)(vii) for recognition of to enable the recovery of the direct and indirect costs of the EPA in recognising
3: Section 163(4)(b) department of the chief executive EPA
19: Minor amendments
The Act Climate Change Response (Emissions Trading) Amendment Act 2008 Schedule OIC SR 2011/320 2011-12-05 Climate Change Response (Emissions Trading) Amendment Act 2008


1: Title
This Act is the Hazardous Substances and New Organisms Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force 1 July 2011 Hazardous Substances and New Organisms Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Hazardous Substances and New Organisms Act 1996 OIC SR 2011/194 2011-07-01 Hazardous Substances and New Organisms Act 1996 Any provision may be brought into force on a date appointed by the Governor-General by Order in Council and 1 or more orders may be made bringing different provisions into force on different dates. If brought into force by an OIC, please change the amends-note date and add SR number of the commencing reg to the authority field. If it has not already commenced, it comes into force on 1 December 2012.
4: Interpretation
The definition of Authority section 2 Authority EPA section 7 of the Environmental Protection Authority Act 2011 .
5: Powers, functions, and duties of Authority
Section 11(1)(g) or any other enactment
6: Part 4 heading substituted
The Part 4
4: Administrative provisions
.
7: Sections 14, 15, 16, and 18 repealed
Sections 14 15 16 18
8: New sections 18 to 18C inserted
The following sections are inserted after section 17
18: EPA may appoint committees
1: A committee must include at least 1 member of the EPA.
2: A person must not be appointed as a member of a committee unless the Minister has approved the appointment.
3: Clause 14 of Schedule 5 of the Crown Entities Act 2004 applies to the EPA subject to subsection (2).
18A: Committee may appoint and delegate functions to subcommittee
1: A committee appointed by the EPA under clause 14 of Schedule 5 of the Crown Entities Act 2004 may appoint a subcommittee to hear and decide an application to which section 19(2)(b) applies.
2: For the purpose of subsection (1), the committee may delegate a power delegated to the committee under section 19(2)(b) to the subcommittee.
3: A subcommittee is a committee for the purposes of clause 15 of Schedule 5 of the Crown Entities Act 2004.
18B: Composition of subcommittee
1: The majority of members of a subcommittee appointed under section 18A
2: The subcommittee need not include a member of the EPA.
18C: Qualification for appointment to committee or subcommittee
A committee or subcommittee appointed for the purpose of section 19(2)(b) must consist of persons who collectively have particular knowledge of, and expertise in, the subject matter of the application before the committee.
9: Delegation by Authority
1: Section 19(2)(b) Schedule 1 the Crown Entities Act 2004
2: Section 19(7) Authority Authority's functions, powers, or duties under this Act
10: Part 4A repealed
Part 4A
11: Schedule 1 repealed
Schedule 1
12: Minor amendments
The Act is amended in the manner set out in the Schedule


1: Title
This Act is the Imports and Exports (Restrictions) Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force, 1 July 2011 Imports and Exports (Restrictions) Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Imports and Exports (Restrictions) Act 1988 OIC SR 2011/195 2011-07-01 Imports and Exports (Restrictions) Act 1988 Any provision that has not earlier been brought into force comes into force on 1 December 2012. This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates. If brought into force by one or more OICs, please change the amends-note date and add the SR number(s) of the reg(s).
4: Interpretation
1: This section amends section 2
2: Subsection (1) is amended by inserting the following definitions in their appropriate alphabetical order: decision-maker
a: the Minister; or
b: the Minister for the Environment; or
c: the Environmental Protection Authority; or
d: a prescribed person Environmental Protection Authority EPA section 7 of the Environmental Protection Authority Act 2011 goods permit register section 3BD .
3: The definition of Ministry
4: The definition of prescribed chief executive of the Ministry decision-maker
5: Subsection (2) is amended by omitting goods
5: Prohibition of imports
Section 3(3)
3: A conditional prohibition allows the importation of goods subject to—
a: the grant of a licence or permit by the decision-maker on terms and conditions specified in the licence or permit; or
b: prescribed conditions.
4: A conditional prohibition may require payment of consideration to the decision-maker in respect of the application for, or the granting of, a licence or permit.
5: A licence or permit authorising the importation of goods may be granted before or after the goods have been imported.
6: Conditional prohibition of exportation
1: Section 3B(1)(a) Minister or a prescribed person the decision-maker
2: Section 3B(3) Crown decision-maker
7: New headings and sections 3BA to 3BF inserted
The following headings and sections are inserted after section 3B Application to Environmental Protection Authority for permits
3BA: General requirements for permits
1: This section and sections 3BB and 3BC
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the prescribed form.
4: The Environmental Protection Authority may revoke a permit if the Authority is satisfied that the holder of the permit has—
a: failed to comply with a condition of the permit; or
b: made a false declaration or statement or provided incorrect information in the holder's application for the permit; or
c: been convicted of an offence against this Act or an offence involving a convention chemical or waste.
5: The Order in Council may specify the process and requirements for applying for a permit.
6: In this section and section 3BC convention chemical or waste
3BB: Conditions on permits
1: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the importation of goods:
a: the use to which the goods will be put in New Zealand:
b: the provision of information to the Authority concerning the movement and location of the goods:
c: insurance requirements relating to the importation of the goods and their presence in New Zealand:
d: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:
e: liability for the goods if they cannot be used for the purpose for which they were imported.
2: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the export of goods:
a: the provision of information to the Authority concerning the movement and location of the goods:
b: insurance requirements relating to the export of the goods:
c: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:
d: liability for the goods if they cannot be used for the purpose for which they were exported.
3BC: Refusal of permits
The Environmental Protection Authority may refuse to grant a permit if the Authority is satisfied that—
a: the person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or
b: the information provided by the person to the Authority is incorrect. Imports and Exports (Restrictions) Register
3BD: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Imports and Exports (Restrictions) Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register.
3BE: Information to be included in register
1: The register must record—
a: the details of a permit granted by the Environmental Protection Authority under an Order in Council made under section 3 or 3A; and
b: any other information required to comply with New Zealand's international obligations that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the goods to which the permit relates; and
c: the amount of the goods that the permit allows to be imported or exported; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: The register may record any other information that the Environmental Protection Authority considers appropriate.
3BF: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must provide the New Zealand Customs Service with access to the register. Miscellaneous provisions .
8: Forms
1: Section 3C(1) chief executive of the Ministry decision-maker
2: Section 3C(2)(a) the chief executive of the Ministry or on behalf of the decision-maker
3: Section 3C(3)
3: A court must take judicial notice of the signature by or on behalf of the decision-maker of a prescribed form or an extract or copy of a prescribed form.
9: Order in Council not invalid
1: Section 3D(a) Minister or another person decision-maker
2: Section 3D(b)
b: it authorises the decision-maker to issue a licence or permit subject to conditions imposed by the decision-maker.
10: Section 5 repealed
Section 5
11: Transitional provision
Despite this Act and section 54 Imports and Exports (Restrictions) Act 1988 Environmental Protection Authority Act 2011


1: Title
This Act is the Ozone Layer Protection Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force 1 July 2011 Ozone Layer Protection Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Ozone Layer Protection Act 1996 OIC SR 2011/196 2011-07-01 Ozone Layer Protection Act 1996 Any provision that has not earlier been brought into force comes into force on 1 December 2012. This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates. If brought into force by one or more OICs, please change the amends-note date and add the SR number(s) of the reg(s).
4: Interpretation
1: Section 2(1) approved form section 12A Environmental Protection Authority section 7 of the Environmental Protection Authority Act 2011 Minister register section 12B .
2: The definition of code of practice section 2(1) for the Environment
3: Paragraph (a) of the definition of officer section 2(1) Ministry of Economic Development Environmental Protection Authority
5: Exemptions
Section 8(1) The Minister of Commerce may, at his or her discretion, The Environmental Protection Authority may
6: New section 8A inserted
The following section is inserted after section 8
8A: Application for exemption
An application for an exemption must be made in the approved form.
7: Consideration of application for exemption
Section 9 The Minister of Commerce shall, The Environmental Protection Authority must,
8: New heading and sections 9A to 9D inserted
The following heading and sections are inserted after section 9 Permits
9A: General requirements for permits
1: This section applies if regulations made under section 16 allow the importation or exportation of substances or goods under the authority of a permit granted by the Environmental Protection Authority.
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the approved form.
4: The regulations may specify the process and requirements for applying for a permit.
9B: Refusal of permit to import substance
1: This section and sections 9C and 9D
2: The Environmental Protection Authority may refuse to grant a permit if the Authority considers—
a: after considering the matters set out in section 9C
b: that the person who applied for the permit has been convicted of an offence against this Act or an offence that involves an ozone-depleting substance; or
c: that the information in the application is incorrect.
9C: Consideration of application for permit to import substance
The Environmental Protection Authority must, in considering an application for a permit, have regard to the following matters to the extent that they are relevant:
a: the amount of the substance that is available for allocation:
b: the total amount of the substance for which applications have been received:
c: the importance of the use to which the substance will be put:
d: whether there is a viable alternative to the use of the substance that would be less harmful to the environment.
9D: Conditions on permits to import substance
If the regulations authorise the Environmental Protection Authority to impose conditions on the grant of a permit, the conditions may address the following matters:
a: the use to which the substance will be put in New Zealand:
b: restriction or prohibition on transfer of an entitlement arising from a permit:
c: the provision of information (including photographs) to the Environmental Protection Authority concerning the identification, movement, and location of the substance and compliance with conditions:
d: the insurance requirements relating to the importation of the substance and its presence in New Zealand:
e: control and ownership of the substance:
f: restriction or prohibition on the grant of a security interest in the substance:
g: the labelling, packaging, handling, storage, transport, processing, or disposal of the substance:
h: liability for the substance if it cannot be used for the purpose for which it was imported.
9: Codes of practice
Section 10(1) for the Environment
10: Industry may be required to prepare draft accreditation schemes
Section 12(1) for the Environment
11: New headings and sections 12A to 12D inserted
The following headings and sections are inserted after section 12 Forms
12A: Environmental Protection Authority may approve forms
The Environmental Protection Authority may approve forms for the purposes of this Act. Register
12B: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Ozone Layer Protection Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register.
12C: Information to be included in register
1: The register must record—
a: the details of permits granted under regulations; and
b: the details of exemptions granted under section 8; and
c: any other information required to comply with New Zealand's international obligations and that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the substance or goods to which the permit relates; and
c: the amount of the substance or goods that the permit allows to be imported, exported, manufactured, or sold; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: In relation to an exemption, the register must specify—
a: the name and address of the person to whom the exemption was granted; and
b: the substance or goods to which the exemption relates; and
c: the amount of the substance or goods that the exemption allows to be imported, exported, manufactured, or sold; and
d: the reason for granting the exemption; and
e: the terms and conditions on which the exemption was granted; and
f: any other information required by regulations.
4: The register may record any other information that the Environmental Protection Authority considers appropriate.
12D: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must allow the New Zealand Customs Service to have access to the register.
12: Regulations
Section 16(1)
a: omitting for the Environment
b: inserting the following paragraph after paragraph (d):
da: prescribing the particulars of permits and exemptions to be shown in the Ozone Layer Protection Register: .
13: Consultation requirements before regulations made
Section 17(1) and (5) for the Environment
14: Additional requirement before regulations made
Section 18 for the Environment shall must
15: Retention of property seized
Section 25(2) Ministry of Economic Development, Environmental Protection Authority
16: Return or forfeiture of property seized
Section 26(3) for the Environment
17: Review of reduction timetables
Section 27 The Minister of Commerce and the Minister for the Environment shall The Minister must
18: Annual report
1: Section 30(1) The Minister of Commerce and the Minister for the Environment shall, The Minister must,
2: Section 30(2) The Minister of Commerce shall The Minister must
19: Transitional provision
Despite this Act and section 54 Ozone Layer Protection Act 1996 Environmental Protection Authority Act 2011


Resource Management Amendment Act 2011

1: Title
This Act is the Resource Management Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force 1 July 2011 Resource Management Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Resource Management Act 1991 OIC SR 2011/197 2011-07-01 Resource Management Act 1991 Note: different provisions may come into force by OIC on different dates before the amends date
4: Interpretation
Section 2(1) Environmental Protection Authority EPA Environmental Protection Authority EPA section 7 of the Environmental Protection Authority Act 2011 .
5: Delegation of functions by Ministers
Section 29(4) Part 6AA section 24(f), Part 6AA,
6: New section 29A inserted
The following section is inserted after section 29
29A: Restriction on Ministerial direction
The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of the EPA's functions under section 42C(c).
7: Section 42B repealed
Section 42B
8: Functions of EPA
1: Section 42C
aa: to make recommendations to the Minister under section 144A .
2: Section 42C
ba: to receive matters under section 149B(2): .
3: Section 42C(d)
d: to provide secretarial and support services to—
i: a board of inquiry appointed under section 149J:
ii: a special tribunal appointed under section 202: .
4: Section 42C
da: to provide technical advice to the Minister on the development of a national environmental standard: .
9: Section 42D repealed
Section 42D
10: Minister may call in matter that is or is part of proposal of national significance
1: Section 142
3: In deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to—
a: any relevant factor, including whether the matter—
i: has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or
ii: involves or is likely to involve significant use of natural and physical resources; or
iii: affects or is likely to affect a structure, feature, place, or area of national significance; or
iv: affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or
v: results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or
vi: involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or
vii: is or is likely to be significant in terms of section 8; or
viii: will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or
ix: affects or is likely to affect more than 1 region or district; or
x: relates to a network utility operation that extends or is proposed to extend to more than 1 district or region; and
b: any advice provided by the EPA.
2: Section 142(4) ; and
c: the recommendations of the EPA.
3: Section 142
7: To avoid doubt, the Minister may make a direction under subsection (2) that differs from the direction recommended by the EPA under section 144A
11: New section 144A inserted
The following section is inserted after section 144
144A: EPA to advise and make recommendations to Minister in relation to call-in
1: The Minister may request the EPA to advise him or her on whether a matter is, or is part of, a proposal of national significance.
2: Section 142(3)(a)
3: The EPA must provide advice under subsection (1)
4: The EPA's advice must include its recommendation that the Minister—
a: call the matter in and make a direction to refer it to a board of inquiry for a decision; or
b: call the matter in and make a direction to refer it to the Environment Court for a decision; or
c: not call the matter in.
5: The EPA must serve a copy of its recommendation on the applicant and the local authority.
6: The 20-working-day time frame specified in subsection (3)
12: EPA may request further information or commission report
1: Section 149(5)
a: omitting section 146 section 144A
b: omitting section 146(1) section 144A(3)
2: Section 149(6)
a: omitting section 146 section 144A
b: omitting section 146(1) section 144A(3)
13: Right of objection in relation to imposition of additional charges or recovery of costs
1: Section 357B
ab: for a person required by the EPA to pay costs under section 149ZD(2) or (3), to the EPA in respect of that requirement: .
2: Section 357B(b) section 149ZD(2) to (4) section 149ZD(4)


1: Title
This Act is the Dairy Industry Restructuring (New Sunset Provisions) Amendment Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dairy Industry Restructuring Act 2001 2011-05-18 Dairy Industry Restructuring Act 2001
4: Offences
Section 118(1) ; or
c: fails, without reasonable excuse, to comply with any requirement of section 147(4)
5: New sections 147 to 149 substituted
Sections 147 to 149
147: Minister to certify that market share thresholds met
1: Subsection (2) subsection (4)
a: 20% or more of milksolids on or from dairy farms in the North Island of New Zealand in a season; or
b: 20% or more of milksolids on or from dairy farms in the South Island of New Zealand in a season.
2: If this subsection applies, the Minister must, as the case may be, sign a certificate that states that—
a: the market share threshold for the North Island of New Zealand has been met; or
b: the market share threshold for the South Island of New Zealand has been met; or
c: the market share thresholds for the North Island of New Zealand and the South Island of New Zealand have been met.
3: A certificate signed by the Minister stating that 1 or both market share thresholds have been met—
a: is conclusive evidence of that fact; and
b: must be published—
i: in the Gazette
ii: on the Ministry's Internet site.
4: For the purposes of subsection (1)
a: must, in the form prescribed by the chief executive by notice in the Gazette
i: the North Island of New Zealand in each season; and
ii: the South Island of New Zealand in each season; and
b: must, if requested by the Minister, provide the information specified in paragraph (a)
i: in the case of a season that has ended, within 30 days after the request; and
ii: in the case of a season that is yet to end, within 30 days after the end of the season.
5: For the purposes of this section, dairy farm
148: Subpart ceases to apply to island that meets its market share threshold
1: If the Minister has signed a certificate under section 147
a: request a report on the state of competition in the New Zealand dairy industry from—
i: the Commerce Commission; or
ii: any other relevant government agency; and
b: determine the terms of reference for the report; and
c: publish the terms of reference on the Ministry's Internet site.
2: The terms of reference must, in addition to any other matters that the Minister considers appropriate,—
a: specify the date by which the report must be completed, which must be a date within 365 days after the date of a request made under subsection (1)(a)
b: specify the scope of the report, having regard to—
i: the structure of the New Zealand dairy industry; and
ii: any specific competition concerns in any specified New Zealand dairy markets; and
c: specify the person or persons in the dairy industry who must be consulted and the method of consultation; and
d: require the Commerce Commission or other relevant government agency (as the case may be) to ascertain—
i: the state of competition that exists in the New Zealand dairy industry; and
ii: if the Commerce Commission or other relevant government agency (as the case may be) determines that the state of competition in the New Zealand dairy industry or any specified New Zealand dairy market or markets is insufficient,—
A: whether either or both of the market share thresholds specified in section 147
B: the options for a transition pathway to deregulation (if any) and whether a particular option or a set of options (if any) should be pursued.
3: The Minister must, within 90 days after receiving the report, give, in the Gazette section 147
4: Regardless of the Minister's response to the report, if notice is given under subsection (3)
a: in the case of one island meeting its market share threshold under section 147
b: in the case of both islands meeting their market share thresholds under section 147 subsection (3)
5: If the Governor-General makes an Order in Council under subsection (4)(a) section 147
6: An Order in Council made under subsection (4) or (5)
a: must specify the date on which this subpart (apart from any exceptions) ceases to apply to the relevant island or islands (as the case may be), which may be no later than the end of the season that begins after the date on which the Order in Council is made; and
b: must come into force on or before the date specified in paragraph (a)
c: may not be amended or revoked (except under section 16 of the Acts and Regulations Publication Act 1989).
7: Any failure to comply with subsection (2) or (3) subsection (4) or (5)
8: To avoid doubt,—
a: if the Minister requests a report from the Commerce Commission under subsection (1)
b: consultation, other than the consultation specified in subsection (1) or (2)
c: the report and its contents are not binding on the Crown:
d: if, in relation to subsection (4)(b) or (5) subsection (1)
e: nothing in this section is intended to—
i: create any rights or protections in relation to any person or group of persons; or
ii: confer any rights or protections on any person or group of persons.
9: For the purposes of this section, other relevant government agency
148A: Report required if not requested before 1 June 2015
1: This section applies if the Minister has not requested a report under section 148
2: If this section applies,—
a: the Minister must, as soon as practicable and in consultation with the Minister of Commerce,—
i: request a report under section 148(1)(a)
ii: comply with section 148(1)(b) and (c), (2), and (3)
b: section 148(8)(a) to (c) and (e) paragraph (a)
148B: Procedure where market share threshold is met after report requested under section 148A
1: This section applies if the Minister has requested a report under section 148A section 147
2: If the report requested under section 148A
a: has not been completed before the Minister signs the certificate under section 147
i: the report must be completed in accordance with section 148A
ii: section 148(4) to (8)
b: has been completed before the Minister signs the certificate under section 147
i: the Minister may not request another report under section 148 or 148A
ii: the Minister must, within 90 days after signing the certificate, give notice, in the Gazette section 147
iii: section 148(4) to (8)
149: Subpart expires if both islands meet their market share thresholds
1: This subpart (except section 134) expires on the date that this subpart—
a: ceases to apply to the North Island of New Zealand; and
b: ceases to apply to the South Island of New Zealand.
2: Section 134 expires 2 years after the date that this subpart ceases to apply to both the North Island of New Zealand and the South Island of New Zealand.
3: Regulations made under section 115 or 116 are revoked on the expiry of this subpart (except section 134).