1: Title
This Act is the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013.
2: Commencement
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. Section 2 brought into force 28 February 2014 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2014 Section 2 brought into force 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015
3: Principal Act
This Act Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 principal Act OIC LI 2015/227 2015-10-31 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 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. NB. Section 47(1) of this Act which amends the Maritime Transport Act 1994 comes into force by OIC. LI 2015/227 brings in force all remaining provisions not yet in force. OIC SR 2014/42 2014-02-28 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Sections 4(2), 5(1), 13(1), 15, 18, 25–32, 34–38, 43, 45, 46 into force on 28 February 2014.
4: Section 3 amended (Outline of Act)
1: Replace section 3(5)
5: Subpart 1
5A: Subpart 2
5B: Subpart 3
a: sets out, in sections 21 and 23
b: provides, in section 22
c: requires, in section 24
5C: Subpart 4
a: imposes, in section 25
b: clarifies, in section 26
2: In section 3(8) standard process for applying for a marine consent for a non-notified activity, the standard process for applying for a marine consent for a publicly notifiable activity,
3: After section 3(8)
8A: Subpart 3
4: In section 3(11)(c) under sections 132 and 133
5: In section 3(14) Acts Acts, regulations, and marine protection rules
5: Section 4 amended (Interpretation)
1: In section 4(1) customary marine title group discharge
a: includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but
b: does not include dumping dumping
a: means,—
i: in relation to waste or other matter, its deliberate disposal or storage; and
ii: in relation to a ship, an aircraft, or a structure, its deliberate disposal or abandonment; but
b: does not include—
i: the disposal into the sea of waste or other matter from a ship, an aircraft, or a structure, or the equipment of a ship, an aircraft, or a structure, if the disposal is incidental to, or derived from, the normal operation of the ship, aircraft, structure, or equipment; or
ii: the disposal or storage of waste or other matter directly arising from, or related to, a mining activity emergency dumping consent section 20H harmful substance incinerate at sea
a: means to deliberately dispose of waste or other matter by thermal destruction on board a ship or a structure at sea; but
b: does not include incinerating on board a ship or structure at sea waste or other matter that has been generated during the normal operation of a ship or a structure while at sea marine discharge consent section 87F marine dumping consent section 87F mineral mining activity
a: the identification of areas of the seabed likely to contain mineral deposits; or
b: the identification of mineral deposits; or
c: the taking or extraction of minerals from the sea or seabed, and associated processing of those minerals mining discharge New Zealand ship
a: means a ship that is registered under the Ship Registration Act 1992; and
b: includes a ship that is not registered under that Act but that is required or entitled to be registered under that Act New Zealand structure
a: a New Zealand citizen; or
b: a person ordinarily resident in New Zealand; or
c: a company registered under the Companies Act 1993 non-notified activity
a: is described in regulations as non-notified; or
b: is an activity for which regulations provide that an application for a marine consent is not to be publicly notified offshore installation
a: includes an artificial structure used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral; but
b: does not include a ship or a pipeline protected customary rights group publicly notifiable activity radioactive waste or other radioactive matter ship toxic or hazardous waste working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 10 January in the following year.
2: In section 4(1) activity activity
a: in relation to the exclusive economic zone and continental shelf, means an activity described in section 20 or subpart 2 of Part 2
b: in relation to the sea above the continental shelf beyond the outer limits of the exclusive economic zone, means an activity described in subpart 2 of Part 2
3: In section 4(1) applicant section 38 or 87B
4: In section 4(1) marine consent consent marine consent consent
a: a marine consent granted under section 62; or
b: an emergency dumping consent, a marine discharge consent, or a marine dumping consent
5: In section 4(1) structure
b: includes an offshore installation, an artificial island, or a floating platform; but
6: In section 4(1) waste or other matter waste or other matter
6: Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)
After section 9(1)
1A: However, the following provisions of this Act do apply to warships and other ships of the New Zealand Defence Force:
a: subparts 2 3, and 4 of Part 2
b: regulations made under sections 29A and 29C
c: subpart 2A of Part 3
d: sections 134 to 134M
7: Section 10 amended (Purpose)
Replace section 10(1)
1: The purpose of this Act is—
a: to promote the sustainable management of the natural resources of the exclusive economic zone and the continental shelf; and
b: in relation to the exclusive economic zone, the continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone, to protect the environment from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter.
8: Section 11 amended (International obligations)
In section 11
c: the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL):
d: the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, 1972 (the London Convention).
9: Section 13 amended (Functions of Environmental Protection Authority)
In section 13(1)(d)(i) subparts 2 and 3 subparts 2, 2A,
10: Section 16 amended (Restriction on Environmental Protection Authority's power to delegate)
In section 16 or make a decision on a review of a consent under section 62, 81, or 82 (as appropriate), under section 62 or to make a decision under section 81 or 82 on a review of a consent granted under section 62,
11: Part 2 replaced
Replace Part 2
2: Duties, restrictions, and prohibitions
1: Restrictions on activities other than discharges and dumping
20: Restriction on activities other than discharges and dumping
1: No person may undertake an activity described in subsection (2) section 21, 22, or 23
2: The activities referred to in subsection (1)
a: the construction, placement, alteration, extension, removal, or demolition of a structure on or under the seabed:
b: the construction, placement, alteration, extension, removal, or demolition of a submarine pipeline on or under the seabed:
c: the placement, alteration, extension, or removal of a submarine cable on or from the seabed:
d: the removal of non-living natural material from the seabed or subsoil:
e: the disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on the seabed or subsoil:
f: the deposit of any thing or organism in, on, or under the seabed:
g: the destruction, damage, or disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on marine species or their habitat.
3: No person may undertake an activity described in subsection (4) section 21, 22, or 23
4: The activities referred to in subsection (3)
a: the construction, mooring or anchoring long-term, placement, alteration, extension, removal, or demolition of a structure, part of a structure, or a ship used in connection with a structure:
b: the causing of vibrations (other than vibrations caused by the propulsion of a ship) in a manner that is likely to have an adverse effect on marine life:
c: the causing of an explosion.
5: However, this section does not apply to—
a: the discharge of harmful substances; or
b: the dumping of waste or other matter; or
c: lawful fishing for wild fish under the Fisheries Act 1996.
2: Restrictions and prohibitions on discharges and dumping
Discharge of harmful substances
20A: Regulation under this subpart and Maritime Transport Act 1994 of discharges
1: This section describes how the discharge of harmful substances is regulated under this subpart and the Maritime Transport Act 1994, but it does not affect the interpretation or the application of this subpart or that Act.
2: In relation to the discharge of harmful substances, this subpart regulates—
a: discharges into the exclusive economic zone and into or onto the seabed below it from—
i: structures:
ii: submarine pipelines:
iii: ships, if the discharge is a mining discharge:
b: discharges into or onto the continental shelf beyond the exclusive economic zone or into the sea above that part of the continental shelf from—
i: New Zealand structures:
ii: structures (other than New Zealand structures) involved in a mining activity:
iii: submarine pipelines:
iv: ships, if the discharge is a mining discharge.
3: The Maritime Transport Act 1994 regulates—
a: the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone:
b: the discharge of harmful substances (other than a mining discharge) into the sea above the continental shelf beyond the exclusive economic zone and the seabed below that sea from a New Zealand ship or from a foreign ship involved in a mining activity:
c: the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea.
20B: Restriction on discharges of harmful substances from structures and submarine pipelines
1: No person may discharge a harmful substance from a structure or from a submarine pipeline into the sea or into or onto the seabed of the exclusive economic zone.
2: No person may discharge a harmful substance into or onto the continental shelf beyond the outer limits of the exclusive economic zone or into the sea above that part of the continental shelf from—
a: a New Zealand structure; or
b: a structure (other than a New Zealand structure) involved in a mining activity; or
c: a submarine pipeline.
3: However, a person may discharge a harmful substance if the discharge is a permitted activity or authorised by a marine consent or section 21, 22, or 23
20C: Restriction on mining discharges from ships
1: No person may discharge a harmful substance (if the discharge is a mining discharge) from a ship—
a: into the sea of the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
2: However, a person may discharge the harmful substance in the circumstance described in subsection (1) section 21, 22, or 23 Dumping of waste or other matter
20D: Regulation under this subpart and Maritime Transport Act 1994 of dumping
1: This section describes how the dumping of waste or other matter is regulated under this subpart and the Maritime Transport Act 1994, but it does not affect the interpretation or the application of this subpart or that Act.
2: In relation to the exclusive economic zone and the continental shelf, this subpart—
a: prohibits—
i: the dumping of radioactive waste or other radioactive matter:
ii: the dumping of toxic or hazardous waste:
iii: the incineration of waste or other matter at sea; and
b: regulates—
i: the disposal of human remains other than ashes:
ii: the dumping of waste or other matter (other than waste or other matter described in paragraph (a)
3: The Maritime Transport Act 1994 regulates the dumping of waste or other matter into the waters beyond the continental shelf.
20E: Prohibition on dumping radioactive waste or other radioactive matter
No person may dump radioactive waste or other radioactive matter—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
20F: Prohibition on dumping toxic or hazardous waste
No person may dump toxic or hazardous waste—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
20G: Restriction on dumping waste or other matter
1: This section applies to waste or other matter other than—
a: radioactive waste or other radioactive matter:
b: toxic or hazardous waste:
c: human remains.
2: No person may dump waste or other matter (including ships, aircraft, or structures)—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
3: However, a person may dump waste or other matter (including ships, aircraft, or structures) if—
a: regulations allow the dumping to be authorised by a marine consent and the dumping is authorised by a marine consent; or
b: the dumping is authorised by an emergency dumping consent and complies with any regulations for emergency dumping made under section 29B
c: the dumping is in accordance with section 248 or 249 of the Maritime Transport Act 1994.
20H: Emergency dumping
1: Any person may apply to the Environmental Protection Authority for an emergency dumping consent to dump waste or other matter in an emergency—
a: into the waters of the exclusive economic zone:
b: into waters beyond the outer limits of the exclusive economic zone but over the continental shelf.
2: The EPA may issue an emergency dumping consent, in accordance with this section and regulations under section 29B
a: an emergency exists; and
b: the emergency poses an unacceptable risk to human health, safety, or the marine environment; and
c: the dumping of the waste or other matter is necessary to remove or reduce the risk; and
d: there is no feasible alternative to the dumping of the waste or other matter.
3: Before the EPA grants an emergency dumping consent, it must—
a: consult Maritime New Zealand and the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and
b: notify the International Maritime Organization that it has received an application for an emergency dumping consent.
4: The EPA may grant an emergency dumping consent subject to conditions.
5: The EPA may impose any conditions that it considers appropriate to deal with the effects of the dumping of waste or other matter on the environment or on human health or safety, including conditions that require the person issued with the consent to—
a: monitor, and report to the EPA on, the exercise of the permit and the effects of the dumping on the environment and human health and safety:
b: keep and maintain records of the waste or other matter dumped and the location of the dumping:
c: provide the EPA with any specified information that relates to the permit or its exercise.
6: The EPA may impose as a condition a requirement that the person granted the emergency dumping consent complies with—
a: any procedures for dumping recommended by the International Maritime Organization:
b: any procedures for dumping specified in the consent.
7: Before imposing a condition under subsection (6)
8: The EPA must make its decision on an application for an emergency dumping consent as soon as is reasonably practicable after the EPA is satisfied that the application is complete.
9: The EPA must notify the International Maritime Organization of every decision it makes under subsection (8)
20I: Prohibition on incinerating waste or other matter at sea
1: No person may incinerate waste or other matter in the exclusive economic zone.
2: No person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure in the sea above the continental shelf beyond the outer limits of the exclusive economic zone.
3: However, a person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure if the waste or other matter was generated during the normal operation of the ship or structure. Burial at sea
20J: Burial at sea
1: No person may dispose of human remains in the exclusive economic zone, or into or onto the continental shelf, unless—
a: the disposal complies with regulations made under this Act; and
b: the Environmental Protection Authority certifies, in writing, that the proposed disposal complies with the regulations.
2: However, subsection (1)
3: Existing activities and planned petroleum activities
21: Certain existing activities may continue
1: This section applies to an existing activity if—
a: the activity is classified as a permitted activity by regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) new regulations
c: the activity is lawfully established before the new regulations come into force; and
d: the effects of the activity on the environment and existing interests are of the same or similar character, intensity, and scale as the effects that existed before the coming into force of the new regulations; and
e: the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a)
2: The activity may continue without a marine consent for a prescribed period or, if no period is prescribed for the activity, for 6 months from the date on which the new regulations come into force.
3: If the activity is one that is described in section 20 subsection (2)
a: the application is decided under section 62 and any appeals are determined; or
b: the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
4: If the activity is a discharge of a harmful substance and the person undertaking the activity applies for a marine consent within the period described in subsection (2)
a: the application is decided under section 87F
b: the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
5: If the application for a marine consent described in subsection (3) or (4) subsection (3) or (4)
22: Planned petroleum activities may commence
1: This section applies to a planned petroleum activity if—
a: the activity is classified as a permitted activity by regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) new regulations
c: the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a)
2: The activity may commence without a marine consent after the new regulations come into force.
3: However, before the activity may commence, the person intending to undertake the activity must—
a: prepare an impact assessment for the activity; and
b: provide the impact assessment to the EPA.
4: Section 41 applies to the impact assessment as if it were an application for a marine consent.
5: If the person intending to undertake the activity complies with subsection (3)
6: If the person undertaking the activity applies for a marine consent within the period described in subsection (5)
a: is decided under section 62 and any appeals are determined; or
b: is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
7: If the activity is a discharge of a harmful substance and the person undertaking the activity applies for a marine consent within the period described in subsection (5)
a: the application is decided under section 87F
b: the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
8: If the application for a marine consent described in subsection (6) or (7) subsection (6) or (7)
9: In this section, planned petroleum activity
a: the exploration, prospecting, or mining for petroleum with which the activity is involved is authorised by a permit that is granted under section 25 of the Crown Minerals Act 1991 or authorised by an existing privilege preserved under clause 12 of Schedule 1 of that Act; and
b: the activity had not commenced.
23: Certain existing activities that become prohibited may continue
1: This section applies to an existing activity if—
a: the activity is classified as a permitted activity by regulations, or was authorised by a marine consent in accordance with the regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) new regulations
c: the activity becomes a prohibited activity as a result of the amendment or replacement of the regulations described in paragraph (a)
d: the activity is lawfully established before the new regulations come into force.
2: The activity may continue—
a: for the duration of the consent, if the activity is authorised by a marine consent; or
b: for a period prescribed by regulations, if the activity is not authorised by a consent. Unauthorised activities
24: Unauthorised activities must stop
1: This section applies to an activity authorised to continue by section 21, 22, or 23
2: The person undertaking the activity must—
a: stop the activity; and
b: in stopping the activity, comply with any regulations or consent conditions that apply to the stopping of the activity; and
c: comply with any instructions of the Environmental Protection Authority that relate to stopping the activity.
4: General matters
25: Duty of persons operating in exclusive economic zone or on continental shelf
1: This section applies to every person who carries out or proposes to carry out an activity in the exclusive economic zone, in or on the seabed of the continental shelf, or in the sea above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The person has—
a: a general duty to avoid, remedy, or mitigate the adverse effects of the activity on the environment; and
b: a duty to provide—
i: training and supervision to all of the person's employees who are engaged in the activity in order to ensure compliance with this Act, regulations, and any marine consent; and
ii: sufficient resources to the person's employees to ensure compliance with this Act, regulations, and any marine consent, including establishing appropriate management systems.
3: The duties referred to in subsection (2)
4: However, despite subsection (3) subsection (2)(a)
26: Relationship with other legal requirements
To avoid doubt,—
a: compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, and rules of law; and
b: compliance with any Act, regulations, or rule of law does not remove the need to comply with this Act.
12: Cross-heading above section 27 amended
In the cross-heading above section 27 activities and environment of exclusive economic zone and continental shelf certain activities and areas
13: Section 27 amended (Regulations prescribing standards, methods, or requirements)
1: In section 27(1) technical standards, methods, or requirements requirements, methods, or technical standards
2: In section 27(1)(a) activities described in section 20
3: Replace section 27(1)(b)
b: the effects of the activities referred to in paragraph (a)
4: In section 27(2)(d)(i) section 21, 22, or 23 section 21, 22, or 23
14: Section 28 amended (Regulations classifying areas of exclusive economic zone or continental shelf)
1: In section 28(1) section 27 or 29A
2: In section 28(2) activities described in section 20 activities described in section 20 or subpart 2 of Part 2
15: New sections 29A to 29D and cross-headings inserted
After section 29 Regulation of discharges and dumping
29A: Regulations for discharges and dumping
1: This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: prescribe requirements, methods, or technical standards for the discharge of harmful substances, the dumping of waste or other matter, and the effects of the discharge or dumping:
b: in relation to a harmful substance,—
i: prohibit its discharge; or
ii: allow the discharge without a marine consent or describe the discharge as permitted; or
iii: allow the discharge with a marine consent or describe the discharge as discretionary:
c: in relation to the dumping of specified waste or other matter (other than emergency dumping),—
i: prohibit the dumping; or
ii: allow the dumping with a marine consent or describe the dumping as discretionary.
3: However, the Minister must not recommend the making of regulations unless he or she is satisfied that the requirements of sections 32 and 34A
4: The regulations may— Harmful substances
a: prescribe a substance to be a harmful substance:
b: in relation to an offshore installation, regulate—
i: the removal or retention on board of a harmful substance:
ii: the stowage, packaging, containment, marking, labelling, documentation, and notification of a harmful substance carried in packaged form:
iii: plans for emergencies involving a harmful substance:
c: prescribe requirements and procedures for the discharge of water produced from geologic formations by a mining activity: Waste and other matter
d: prescribe waste or other matter to be toxic or hazardous waste:
e: specify the matters an applicant for a marine dumping consent must include in the impact assessment for the activity, in addition to the matters required by section 39:
f: specify sites at which burial at sea may be approved:
g: specify criteria to be considered in deciding an application for a marine dumping consent or an application to change or cancel a condition of a marine dumping consent.
5: Regulations may apply to different classes of persons, ships involved in mining activities, offshore installations, or submarine pipelines.
6: Despite subsection (2)(b)(ii)
a: the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and
b: it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent.
7: Section 27(2) applies to regulations made under subsection (2)(a)
8: Section 29(2) and (3) applies to the regulations made under this section.
29B: Regulations for emergency dumping
1: This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe requirements, methods, or technical standards for emergency dumping of waste or other matter.
29C: Regulations implementing international obligations
1: Regulations may be made under section 29A
a: implement New Zealand's international obligations relating to the exclusive economic zone, continental shelf, or the sea above the continental shelf beyond the outer limits of the exclusive economic zone:
b: enable New Zealand to become a party to an international convention, protocol, or agreement relating to the protection of the marine environment:
c: implement international practices and standards relating to the protection of the marine environment recommended by the International Maritime Organization.
2: This section does not limit section 29A Non-notified activities
29D: Non-notified activities
1: Regulations may describe any discretionary activity as non-notified or provide that an application for a marine consent for an activity is not to be publicly notified.
2: Regulations must only provide that a discretionary activity is to be non-notified if, in the Minister's opinion,—
a: the activity has a low probability of significant adverse effects on the environment or existing interests; and
b: the activity is—
i: routine or exploratory in nature; or
ii: an activity of brief duration; or
iii: a dumping activity.
16: Section 31 amended (Application of regulations)
1: In section 31(1) A regulation made under section 27
2: Replace section 31(2)
2: A regulation made under section 29A
a: all or any part of the exclusive economic zone, the continental shelf, and the sea above the continental shelf beyond the outer limits of the exclusive economic zone; and
b: any or all of the activities described in subpart 2 of Part 2
2A: A regulation made under section 27 or 29A
17: Section 32 amended (Process for developing or amending regulations)
1: In section 32(1) section 27 or 30(1)(a) or (c) section 27, 29A
2: In section 32(2)(a)(ii) section 27 section 27 or 29A
18: Section 33 amended (Matters to be considered for regulations)
1: In the heading to section 33 regulations under section 27
2: In section 33(3)(k) permitted or discretionary permitted, discretionary, non-notified, or publicly notifiable
19: Section 34 amended (Information principles)
In section 34(1) section 27 sections 27, 29A 29B
20: New section 34A inserted (Matters to be considered for regulations relating to discharges and dumping)
After section 34
34A: Matters to be considered for regulations relating to discharges and dumping
1: This section applies when the Minister is developing regulations for the purpose of section 29A
2: The Minister must have regard to any comments made under section 32(2).
3: The Minister must take into account—
a: the matters described in section 33(3), except paragraphs (c), (g), (h), and (j); and
b: the effects of the discharge or dumping on human health if the discharge or dumping takes place; and
c: in relation to the dumping of waste or other matter,—
i: any alternative methods of disposal that could be used; and
ii: whether there are practical opportunities to reuse, recycle, or treat the waste.
21: Section 36 amended (Discretionary activities)
1: In section 36(1) discretionary activity if this Act or
2: In section 36(3) section 21 section 21
22: Section 37 amended (Prohibited activities)
1: In section 37(1) described in this Act or
2: In section 37(4) section 23 section 23
23: New section 37A inserted (Application of this subpart)
In subpart 2 Application for marine consent
37A: Application of this subpart
This subpart applies only in relation to an activity described in section 20
24: Section 38 amended (Application for marine consent)
After section 38(2)
3: This section does not apply to the following activities:
a: the discharge of harmful substances:
b: the dumping of waste or other matter.
25: New section 42A inserted (Joint processing and decision-making on related applications)
After section 42
42A: Joint processing and decision making on related applications
1: This section applies if the Environmental Protection Authority receives more than 1 application for a marine consent in relation to the same proposal ( related applications
2: The EPA may extend a time period that applies to the processing of an application for a non-notified activity in order to ensure that—
a: the application and a related application are heard (if both are to be heard) at the same time and place:
b: the EPA makes its decisions on the related applications on the same date.
26: Section 44 amended (Environmental Protection Authority may obtain advice)
1: In the heading to section 44 advice or information
2: In section 44(1)(d) advice or information
27: New sections 44A to 44C and cross-headings inserted
After section 44 Disclosure and hearings of applications for marine consents for non-notified activities
44A: Copy of consent applications for non-notified activities
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.
44B: Hearings in respect of consent applications for non-notified applications
1: The Environmental Protection Authority may conduct a hearing on an application for a marine consent for a non-notified activity if the EPA considers it necessary or desirable.
2: Despite subsection (1)
3: The Schedule Public notification and hearings of applications for marine consents for publicly notifiable activities
44C: Application of sections 45 to 58
Sections 45 to 58 apply to applications for marine consents for publicly notifiable activities.
28: Section 68 amended (Time limits for Environmental Protection Authority's decision)
1: In section 68 an application for a marine consent for a publicly notifiable activity
2: In section 68
2: The EPA must make its decision on an application for a marine consent for a non-notified activity as soon as is reasonably practicable and no later than 50 working days after the date on which the EPA is satisfied that the application is complete.
29: Section 76 amended (Environmental Protection Authority may review duration and conditions)
1: In section 76(2) , in accordance with section 78,
2: After section 76(2)
3: A notice of review must comply with section 77.
30: Section 78 amended (Notice of review to consent holder and public notice)
1: Replace the heading to section 78 Public notice of review
2: In section 78(1) a notice of review of a publicly notifiable activity
31: New section 78A inserted (Copy of notice of review of non-notified activity)
After section 78
78A: Copy of notice of review of non-notified activity
If the Environmental Protection Authority serves a notice of review of a non-notified activity on a consent holder, the EPA must serve a copy of the notice on the persons specified in section 44A(a)
32: Section 79 amended (Further information, advice, submissions, and hearing)
1: In section 79(1) Sections 42 to 58 apply, with all necessary modifications, to a review of a marine consent Sections 42 to 44 and 45 to 58 apply, with all necessary modifications, to a review of a marine consent for a publicly notifiable activity
2: After section 79(1)
1A: Sections 42 to 44B the Schedule
33: New subpart 2A of Part 3 inserted
After section 87
2A: Marine discharge consents and marine dumping consents
87A: Application
1: This subpart applies in relation to an activity described in subpart 2 of Part 2
2: Subpart 2 of this Part applies in relation to an activity described in subsection (1)
87B: Application for marine discharge consent or marine dumping consent
1: Any person may apply to the Environmental Protection Authority for 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 and any regulations.
87C: Process before Environmental Protection Authority makes decision
1: Sections 40 to 58 apply to an application made under section 87B
2: However, section 43(3) applies as if the reference to section 59 were a reference to section 87D
87D: Environmental Protection Authority's consideration of application
1: This section and sections 87E and 87F
2: The EPA must take into account,—
a: in relation to the discharge of harmful substances,—
i: the matters described in section 59(2), except paragraph (c); and
ii: the effects on human health of the discharge of harmful substances if consent is granted; and
b: in relation to the dumping of waste or other matter,—
i: the matters described in section 59(2), except paragraphs (c), (f), (g), and (i); and
ii: the effects on human health of the dumping of waste or other matter if consent is granted; and
iii: any alternative methods of disposal that could be used; and
iv: whether there are practical opportunities to reuse, recycle, or treat the waste.
3: Section 59(3) applies to the application for a marine discharge consent or a marine dumping consent.
87E: Information principles relating to discharges and dumping
1: When considering an application for a marine dumping consent or a marine discharge consent, the Environmental Protection Authority must—
a: make full use of its powers to request information from the applicant, obtain advice, and commission a review or a report; and
b: base decisions on the best available information; and
c: take into account any uncertainty or inadequacy in the information available.
2: If, in relation to making a decision on the application, the information available is uncertain or inadequate, the EPA must favour caution and environmental protection.
3: In this section, best available information
87F: Decision on application for marine discharge consent or marine dumping consent
1: After complying with sections 87D and 87E
a: grant an application for a marine discharge consent or a marine dumping consent, in whole or in part, and issue a consent; or
b: refuse the application.
2: However, the EPA must refuse an application for a marine dumping consent if—
a: the EPA considers that the waste or other matter may be reused, recycled, or treated without—
i: adverse effects on human health or the environment that are more than minor; or
ii: imposing costs on the applicant that are unreasonable in the circumstances; or
b: the waste or other matter is identified in such a way that it is not possible to assess the potential effects of dumping the waste or other matter on human health or the environment; or
c: the EPA considers that dumping the waste or other matter is not the best approach to the disposal of the waste or other matter in the circumstances.
3: To avoid doubt, the EPA may refuse an application for a marine discharge consent or a marine dumping consent if the EPA considers that it does not have adequate information to determine the application.
4: If the EPA grants the application, it may issue the consent subject to conditions under section 63, but not under section 63(2)(b).
87G: Conditions and decision-making process
The following provisions apply to a marine dumping consent or a marine discharge consent granted under section 87F
a: sections 65 to 67, which relate to conditions:
b: sections 68 to 72, which relate to time limits for making decisions, the form and notification of the decision, commencement of the consent, and the nature of the consent.
87H: Duration of marine discharge consents and marine dumping consents
1: The duration of a marine discharge consent or a marine dumping consent is the term specified in the consent.
2: However, the duration must not be more than 35 years.
3: If no duration is specified in a consent, its duration is 5 years.
4: When determining the duration of a consent, the Environmental Protection Authority must comply with sections 73(2)(b) and (c), 87D, and 87E
87I: Exercise of consents, transfer, review, and minor changes
1: The following provisions apply to a marine dumping consent or a marine discharge consent granted under section 87F
a: sections 74 and 75, which relate to the exercise of a consent while applying for a new consent and the transfer of consents:
b: sections 76 to 82, which relate to the review of the conditions and duration of consents:
c: sections 83 to 86, which relate to minor changes and corrections to consent conditions, and the lapsing and cancellation of consents not exercised.
2: However,—
a: section 80(a) applies as if—
i: the reference to sections 59 and 60 were a reference to section 87D
ii: the reference to section 61 were a reference to section 87E
b: section 81(2) applies as if Sections 63 to 71 Sections 63 (but not subsection (2)(b)) and 65 to 71
87J: Change or cancellation of marine dumping consent or marine discharge consent on application by consent holder
1: The holder of a marine dumping consent or a marine discharge consent granted under section 87F
2: Sections 87B to 87G
a: the request were an application for a marine dumping consent or a marine discharge consent; and
b: the references to a marine dumping consent or a marine discharge consent were references only to the change or cancellation of a condition; and
c: the references to the activity were references only to the effects of the change or cancellation.
3: Section 87(3) to (6) apply to the request.
34: Section 93 amended (Environmental Protection Authority may require joint application)
1: In section 93(3)(a) proceed with the notification continue with the processing
2: In section 93(3)(b) return to
35: Section 94 amended (Decision to separate joint application for consent)
Replace section 94(2)(b)
b: one application must be publicly notified, but not the other; or
36: Section 96 amended (Environmental Protection Authority to administer process)
1: In section 96(2)(b) the application is if both applications must be publicly notified, they are
2: In section 96(2)(c) submissions (if applicable)
3: In section 96(2)(e) and notify and (if applicable) notify
4: In section 96(3) ensure that (where applicable)
37: Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry)
1: Replace section 99(3) and (4)
3: If the EPA delegates its functions under subsection (2), sections 44B
a: the EPA must process the application for a marine consent together with the associated application for a resource consent; and
b: the provisions of the Resource Management Act 1991 specified in subsection (5) 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.
4: If subsection (3)
a: the EPA must, if the application must be publicly notified under section 45(2) of this Act,—
i: notify the application, if it has not already been notified; and
ii: receive submissions made under section 46; and
b: the board of inquiry must apply sections 59 to 67 in making its decision on the application as if the board were the EPA.
2: Replace section 99(5)(c) and (d)
c: section 149R (which requires the board to produce a final report), but not subsections (3)(e) and (f) and (4)(b) and (c):
d: section 149RA(1) and (2) (which allows the board to make minor corrections to board decisions and resource consents):
da: section 149S (which allows the Minister to extend the time by which the board must report), but not subsection (4)(b):
3: After section 99(5)
6: An application for a resource consent is associated with an application for a marine consent if the applications relate to the same cross-boundary activity.
38: Section 105 amended (Appeals on question of law)
In section 105(2)(c) section 81(2) section 81(3)
39: Sections 132 to 134 and cross-heading above section 132 replaced
Replace sections 132 to 134 Offences and defences in relation to activities regulated under section 20
132: Offences in relation to activities regulated under section 20
1: This section applies if an activity described in section 20(2) or (4) section 20(1) or (3)
2: The following persons commit an offence:
a: if the activity involves a structure, the owner of the structure:
b: if the activity involves a ship, the master and owner of the ship:
c: if the activity involves a submarine pipeline, the owner of the pipeline:
d: if the activity involves a submarine cable, the owner of the cable:
e: if the activity is one described in section 20(2)(d) to (g)
f: if the activity is one described in section 20(4)(b) or (c)
3: In this section and sections 134 and 134B to 134D owner
a: in relation to a ship, includes—
i: a person who is the legal or equitable owner, or both, of the ship; and
ii: a person in possession of the ship; and
iii: a charterer, a manager, or an operator of the ship, or any other person (other than a pilot) responsible for the navigation or management of the ship:
b: in relation to an offshore installation, includes—
i: the person having a right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and
ii: the manager, lessee, licensee, or operator of the installation; and
iii: any agent or employee of the owner, manager, lessee, licensee, or operator of the installation, or the person in charge of any operations connected with the installation:
c: in relation to a structure other than an offshore installation, includes any manager, lessee, licensee, or operator of the structure, or the person in charge of the structure:
d: in relation to a submarine pipeline or submarine cable, includes any manager, lessee, licensee, or operator of the pipeline or cable.
133: Strict liability and defences
1: In a prosecution for an offence of breaching, or permitting a breach of, section 20
2: It is a defence to a prosecution of the kind referred to in subsection (1)
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment or existing interests; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
b: that the action or event to which the prosecution relates resulted from an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Subsection (2)
a: stating that the defendant intends to rely on subsection (2)
b: specifying the facts that support his or her reliance on subsection (2)
4: However, the court may grant leave to the defendant to rely on subsection (2) subsection (3) Offences and defences in relation to discharge or escape of harmful substances
134: Offences in relation to discharge of harmful substances
1: This section applies if a harmful substance is discharged into the sea or onto or into the seabed in breach of 1 or more of sections 20B and 20C
2: The following persons commit an offence:
a: if the discharge is from an offshore installation, the owner of the offshore installation:
b: if the discharge is from a submarine pipeline, the owner of the pipeline:
c: if the discharge is from a ship, the master and the owner of the ship:
d: if the discharge is as a result of mining activity, the person in charge of and the person carrying on the mining activity:
e: if the discharge is of a kind referred to in paragraph (a), (b), or (c)
134A: Defence
It is a defence to proceedings for an offence against section 134
a: the harmful substance was discharged for the purpose of securing the safety of a ship or offshore installation or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or
b: the harmful substance escaped as a consequence of damage to the ship or its equipment, to an offshore installation or its equipment, to a pipeline, or to any apparatus (other than a ship) used in connection with any mining activity and—
i: the damage occurred without the negligence or deliberate act of the defendant; and
ii: as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if any escape could not be prevented, to minimise the escape. Offences and defences in relation to dumping
134B: Offences in relation to dumping of radioactive waste or other radioactive matter
The following persons each commit an offence if radioactive waste or other radioactive matter is dumped in breach of section 20E
a: the master and the owner of a ship, if the dumping is from the ship:
b: the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft:
c: the owner of an offshore installation, if the dumping is from the offshore installation.
134C: Offences in relation to dumping of toxic or hazardous waste
The following persons each commit an offence if toxic or hazardous waste is dumped in breach of section 20F
a: the master and the owner of a ship, if the dumping is from the ship:
b: the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft:
c: the owner of an offshore installation, if the dumping is from the offshore installation.
134D: Offences in relation to dumping and incineration of waste and other matter
1: The master and the owner of a ship each commits an offence if—
a: waste or other matter is dumped from the ship in breach of section 20G
b: the ship is dumped in breach of section 20G
2: The person in possession of, and the owner of, an aircraft each commits an offence if—
a: waste or other matter is dumped from the aircraft in breach of section 20G
b: the aircraft is dumped in breach of section 20G
3: The owner of an offshore installation commits an offence if—
a: waste or other matter is dumped from the offshore installation in breach of section 20G
b: the offshore installation is dumped in breach of section 20G
4: The following persons each commit an offence if waste or other matter is incinerated at sea in breach of section 20I
a: the owner and master of a ship, if the incineration occurs on the ship; or
b: the owner of a structure, if the incineration occurs on the structure.
5: The following persons each commit an offence if human remains are disposed of in breach of section 20J
a: the owner and master of a ship, if the remains are disposed of from the ship:
b: the person in possession of, and the owner of, an aircraft, if the remains are disposed of from the aircraft:
c: the owner of a structure, if the remains are disposed of from the structure.
134E: Defence in relation to dumping of waste or other matter
In a prosecution for an offence against section 134D
a: was necessary—
i: to save or prevent danger to human health or safety, or the marine environment; or
ii: to avert a serious threat to the ship, aircraft, or offshore installation; or
iii: in the case of force majeure caused by stress of weather, to secure the safety of the ship, aircraft, or offshore installation; and
b: was a reasonable step to take in all the circumstances; and
c: was likely to result in less damage than would otherwise have occurred; and
d: was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. Other offences
134F: Offence in relation to enforcement order, abatement notice, section 24, or section 167
A person commits an offence against this Act who breaches, or permits a breach of, any of the following:
a: an enforcement order or an abatement notice:
b: section 24
134G: Other offences
1: A person commits an offence against this Act who breaches, or permits a breach of, any of the following:
a: a requirement under section 35(3) to notify the Environmental Protection Authority of a permitted activity to be undertaken:
b: a requirement to provide certain information to an enforcement officer under section 140:
c: a direction given by the EPA under section 158 in relation to the protection of sensitive information:
d: an order (other than an enforcement order) made by the Environment Court or the High Court.
2: A person commits an offence against this Act who—
a: wilfully obstructs, hinders, resists, or deceives any person in the execution of a power conferred on that person by or under this Act; or
b: contravenes or permits a contravention of a summons or order to give evidence issued or made under section 55. Penalties
134H: Penalties
1: A person who commits an offence against this Act (other than against section 134G
a: in the case of a natural person, to a fine not exceeding $300,000:
b: in the case of a person other than a natural person, to a fine not exceeding $10 million.
2: The person is also liable on conviction, if the offence is a continuing one, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues.
3: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is a continuing offence.
134I: Additional penalties for discharge and dumping offences
A person who commits an offence against section 134, 134B, 134C, or 134D
a: removing, containing, rendering harmless, or dispersing any harmful substance to which the offence relates; and
b: removing or dispersing any waste or other matter to which the offence relates.
134J: Penalties for section 134G offences
1: A person who commits an offence against section 134G(1)
2: A person who commits an offence against section 134G(2)
134K: Court orders
1: This section applies if a person is convicted of an offence against this Act.
2: The court may, instead of or in addition to imposing a fine, make 1 or more of the following orders:
a: an order specified in section 115:
b: an order requiring the Environmental Protection Authority to serve notice, under section 76(2), of the review of a marine consent held by the person, but only if the offence involves an act or omission that breaches the consent.
134L: Additional penalty for offence involving commercial gain
1: A court may order a person convicted of an offence against this Act to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of the offence if the court is satisfied that the offence was committed in the course of producing commercial gain.
2: The penalty imposed under subsection (1)
3: The court must assess the value of any gain for the purpose of subsection (1)
4: The amount of the additional penalty imposed under subsection (1)
134M: Application of fines for discharge and dumping offences
1: A court that convicts a person for an offence against section 134, 134B, 134C, or 134D
2: The specified person must apply the money towards meeting the costs of either or both—
a: removing, containing, rendering harmless, or dispersing the harmful substance or waste or other matter:
b: repairing the damage resulting from the discharge of the harmful substance or dumping of waste or matter.
40: Section 136 amended (Commencement of offence proceedings)
In section 136 under against
41: New section 136A inserted (Commencement of proceedings against natural person)
After section 136
136A: Commencement of proceedings against natural person
1: Criminal proceedings may not be commenced against a natural person in relation to an offence under this Act unless—
a: the natural person is—
i: a New Zealand citizen; or
ii: a person who is ordinarily resident in New Zealand; or
b: in the case of any other person, the Attorney-General consents to the commencement of the proceedings and certifies that it is expedient to do so.
2: However, before the Attorney-General's consent has been obtained,—
a: a person described in subsection (1)(b) may be arrested or a warrant for the person's arrest may be issued and executed; and
b: the person may be remanded in custody or on bail.
3: This section overrides any other enactment that is inconsistent with this section.
42: Section 143 amended (Principles of cost recovery)
In section 143(2)(c) section 22, section 22
43: New sections 158A and 158B inserted
After section 158
158A: EPA and Maritime New Zealand to share information
1: The Environmental Protection Authority may provide Maritime New Zealand with any information that the EPA holds and that the EPA considers may assist Maritime New Zealand in the performance of Maritime New Zealand's functions under the Maritime Transport Act 1994.
2: Maritime New Zealand may provide the EPA with any information that Maritime New Zealand 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)
158B: EPA may provide information to other regulatory agencies for purposes of this Act
1: A regulatory agency may provide to the EPA any information or a copy of any document that the agency believes would assist the EPA in the performance or exercise of the EPA's functions, duties, or powers under this Act.
2: The EPA may provide to a regulatory agency any information or a copy of any document that the EPA believes would assist the agency in the performance or exercise of its functions, duties, or powers under a specified Act.
3: A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless—
a: the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or
b: the information is publicly available; or
c: the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or
d: the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: the disclosure is required by another enactment; or
f: the disclosure is required by a court of competent jurisdiction.
4: In this section,— regulatory agency
a: a consent authority as that term is defined in section 2(1) of the Resource Management Act 1991:
b: a department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of any specified Act specified Act
44: New sections 164A and 164C and cross-heading inserted
After section 164 Transitional provisions relating to discharges and dumping
164A: Dumping permits issued under Maritime Transport Act 1994
A permit issued before the commencement of this section by the Director of Maritime New Zealand under section 262 of the Maritime Transport Act 1994 must be treated as if it were a marine dumping consent granted under section 87F
164B: Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents
1: This section applies to a discharge management plan for an offshore installation approved before the commencement of this section by the Director of Maritime New Zealand in accordance with rule 200.7 of Part 200 of the Marine Protection Rules.
2: The provisions of the discharge management plan that specify the following matters must be treated as if they were a marine discharge consent granted under section 87F
a: harmful substances that may be discharged in accordance with the discharge management plan:
b: a method for continuously measuring the oil content of production water, displacement water, or offshore processing drainage discharged from the offshore installation:
c: procedures for reporting oil spills:
d: environmental monitoring methods for identifying the environmental impacts of discharges:
e: matters described in clause 1(2) to (6) of Schedule 1 of Part 200 of the Marine Protection Rules as if the words in a form acceptable to the Director in the prescribed form
f: matters described in Schedule 2 of Part 200 of the Marine Protection Rules other than in clause 5(f).
3: Part 200 of the Marine Protection Rules does not apply to the provisions of the discharge management plan that are to be treated as a marine discharge consent under subsection (2)
4: Despite subsection (3)
a: rule 200.13:
b: rule 200.14(1), (2), and (5)(a), as if a reference to the Director in those provisions were a reference to the Environmental Protection Authority, and (8):
c: rule 200.15:
d: rule 200.16(1):
e: rule 200.17, as if the reference to rule 200.19 were a reference to that rule as it was before this section comes into force:
f: rule 200.18:
g: rule 200.22, as if—
i: the words in a form approved by the Director in the prescribed form
ii: the reference in subrule (4) to the Director were a reference to the Environmental Protection Authority:
h: rule 200.23(1) and (3), as if in each case paragraph (b) were replaced with:
b: the Environmental Protection Authority and the Director, if the spill occurs in the exclusive economic zone; or
c: the Director, if the spill occurs beyond the exclusive economic zone,
i: rule 200.24 as if the reference to the Director in subrule (2)(a) included a reference to the Environmental Protection Authority:
j: rule 200.25 as if the reference to the Director in subrule (2) were a reference to the Environmental Protection Authority.
5: The marine protection rules described in subsection (4)
164C: Completion of certain matters pending at commencement of sections 164A and 164B
1: If a person makes an application for a permit under section 262 of the Maritime Transport Act 1994 and it has not been decided before section 164A section 164A
2: Section 164A subsection (1)
3: If a person makes an application for the approval of a discharge management plan under rule 200.5 of Part 200 of the Marine Protection Rules and that application has not been decided before section 164B section 164B
4: Section 164B subsection (3)
45: New section 167A and cross-heading inserted
After section 167 Transitional and savings provision relating to regulations
167A: Transitional and savings provision relating to regulations
Any consultation undertaken before the commencement of this section by the Minister on proposals as to whether certain discretionary activities should be classified as non-notified activities may be taken to be consultation for the purposes of section 32(2) for the first non-notified activities regulations made after this section comes into force. 2000 No 91 s 114
46: New Schedule inserted
After section 177 Schedule 2
47: Consequential amendments to maritime transport legislation
1: Amend the Maritime Transport Act 1994 Part 1
2: Amend the Marine Protection Rules: Part 180 in the manner set out in Part 2 OIC LI 2015/227 2015-10-31 Maritime Transport Act 1994 This Act is amended 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.


1: Title
This Act is the Copyright (Parallel Importing of Films) Amendment Act 2013.
2: Commencement
This Act comes into force on 31 October 2013.
3: Principal Act
This Act amends the Copyright Act 1994 principal Act 2013-10-31 Copyright Act 1994
4: Section 35 amended (Infringement by importation)
1: Replace section 35(3)(a) and (b)
a: imports a copy of the film into New Zealand within 5 months of the date that the film is first made available to the public; and
b: knows or has reason to believe that the film is imported into New Zealand within 5 months of that date; and .
2: In section 35(5) 31 October 2013 31 October 2016


1: Title
This Act is the Local Government (Auckland Council) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 November 2013.
3: Principal Act
This Act amends the Local Government (Auckland Council) Act 2009 principal Act 2013-11-01 Local Government (Auckland Council) Act 2009
4: Section 31 amended (Delegations)
1: Replace the heading to section 31 Delegations to local boards from governing body
2: Replace section 31(4) to (7)
4: A local board to which the governing body has delegated a responsibility, duty, or power may, without confirmation by the governing body, exercise or perform the responsibility, duty, or power in the same manner and with the same effect as the governing body could itself have exercised or performed it.
5: No delegation under this section relieves the governing body of the liability or legal responsibility to perform or ensure the performance of any responsibility or duty.
5: New section 31A inserted (Delegations by local boards)
After section 31
31A: Delegations by local boards
1: For the purposes of efficiency and effectiveness in the conduct of a local board's business, a local board may delegate to a committee, subcommittee, or member of the local board, or an officer of the Auckland Council, any of its responsibilities, duties, and powers, except—
a: the duty to identify and communicate the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the Auckland Council:
b: the power to propose a bylaw or an amendment to a bylaw:
c: the power to confirm a bylaw or modify a proposed bylaw:
d: the power to propose the revocation of a bylaw:
e: the duty to adopt the local board plan for its area:
f: the duty to agree the local board agreement for its area with the governing body of the Auckland Council:
g: the power to apply to the Local Government Commission for a binding determination in respect of a dispute between itself and the governing body:
h: a responsibility, duty, or power that this Act or any other Act expressly provides may not be delegated.
2: However, nothing in subsection (1)
3: Subsection (1)
4: A committee, subcommittee, or person to which or to whom a local board has delegated a responsibility, duty, or power, may,—
a: without confirmation by the local board, exercise or perform the responsibility, duty, or power in the same manner and with the same effect as the local board could itself have exercised or performed it:
b: delegate the responsibility, duty, or power to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the local board when making the original delegation.
5: No delegation relieves the local board of the liability or legal responsibility to perform or ensure the performance of any responsibility or duty.