Natural and Built Environment Act 2023

1: Title
This Act is the Natural and Built Environment Act 2023.
2: Commencement
1: The following provisions come into force on the day after Royal assent:
a: Parts 1 to 4
b: Part 5 section 169
c: Part 6 section 348
d: Parts 7 8
e: subpart 2
f: Part 10
g: Part 11 subsections (3) and (4)
h: Part 12 sections 740 804
i: Schedules 1 to 6 Parts 2 3 Schedules 8 to 12 14 to 16
2: Subpart 1
3: Sections 348 665 to 673
4: Sections 660 708 717 to 721
5: Section 740 Schedule 13
a: a date appointed by the Governor-General by Order in Council made on the recommendation of the Minister for the Environment:
b: 2 years after the date on which this Act receives the Royal assent.
6: The rest of this Act (except for provisions commenced under subsection (9)
7: One or more Orders in Council may be made under this section appointing different dates for the commencement of different provisions and for different purposes.
8: An Order in Council may bring different provisions of this Act into force on different dates for—
a: different districts or regions of local authorities; or
b: any area of New Zealand specified in the order.
9: An Order in Council may be made under this subsection on the recommendation of the Minister for the Environment and the Minister for Māori Crown Relations: Te Arawhiti and, in the case of the Gisborne region, also on the recommendation of the Minister for Treaty of Waitangi Negotiations, that brings into force on 1 or more dates provisions to enable the regional planning committee composition process set out in Part 1
10: The Ministers may make a recommendation under subsection (9) paragraphs (a) and (b) paragraph (c)
a: either—
i: the process described in clause 4(2)(c)
ii: the process described in clause 4(3)
b: the relevant governance entities or the relevant iwi or hapū have reached agreement on the transitioning of the Mana Whakahono ā Rohe and Joint Management Arrangements (the other arrangements referred to in clause 4(2)(c)
c: 2 years have elapsed since the date on which this Act received the Royal assent.
11: An Order in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Purpose and preliminary matters
1: Purpose and related matters
3: Purpose of this Act
1: The purpose of this Act is to uphold te Oranga o te Taiao.
2: The purpose must be achieved in a way that—
a: protects the health of the natural environment; and
b: subject to paragraph (a)
3: Te Oranga o te Taiao
a: the health of the natural environment; and
b: the relationship between the health of the natural environment and its capacity to sustain life; and
c: the relationship between the health of the natural environment and the health and well-being of people and communities; and
d: the interconnectedness of all parts of the environment; and
e: the relationship between iwi and hapū and te Taiao that is based on whakapapa.
4: Means for achieving purpose of Act
This section sets out the following key means to achieve the purpose of the Act:
a: system outcomes must be provided for,—
i: at the national level, through the national planning framework ( see section 128
ii: at the regional level, in plans ( see section 174
b: environmental limits and their associated mandatory targets must be set in the national planning framework and in plans for each of the domains listed in section 109(1)
c: discretionary targets for achieving outcomes may be set in the national planning framework and in plans ( see section 120
d: the national planning framework whose purpose is described in section 102
e: regional spatial strategies must be prepared under the Spatial Planning Act 2023
i: assist in achieving the purpose of this Act and the system outcomes provided under it; and
ii: promote integration in the performance of functions under this Act, the Land Transport Management Act 2003 Local Government Act 2002 Water Services Entities Act 2022 see sections 3 4
f: plans whose purpose is described in section 166
g: decision-making principles must be applied by decision makers ( see section 8
h: the attributes of places of national importance and highly vulnerable biodiversity areas must be recognised, protected, and sustained for their intrinsic value and for the benefit of both present and future generations ( see subpart 5 of Part 7
i: the protection of natural features (including geoheritage) and landscapes that are outstanding at the local and regional scale may be provided for; and
j: the effects of activities on the environment must be managed.
5: Tiriti o Waitangi
All persons exercising powers and performing functions and duties under this Act must give effect to the principles of te Tiriti o Waitangi.
6: System outcomes
1: The purpose of providing system outcomes in subsections (2) to (13)
2: The following aspects of the environment are protected or, if degraded, are restored:
a: the ecological integrity, mana, and mauri of—
i: air, water, and soil; and
ii: the coastal environment (including the coastal marine area and estuaries), wetlands, and lakes and rivers and their margins; and
iii: indigenous biodiversity:
b: outstanding natural features (including geoheritage) and outstanding natural landscapes:
c: the natural character of the coastal environment (including the coastal marine area and estuaries), wetlands, and lakes and rivers and their margins:
d: cultural heritage.
3: In relation to climate change,—
a: greenhouse gas emissions are reduced to assist New Zealand to meet the target set under section 5Q of the Climate Change Response Act 2002; and
b: greenhouse gases are removed from the atmosphere.
4: The risks arising from natural hazards and the effects of climate change are reduced and other measures are taken to achieve an environment that is more resilient to those risks.
5: The coastal marine area is used sustainably to promote the well-being of both present and future generations.
6: Public access to and along the coastal marine area, lakes, and rivers is maintained and enhanced.
7: Public recreational use and enjoyment of the natural environment is maintained and enhanced.
8: The habitat of trout and salmon is protected, as far as this is consistent with the protection of the habitat of indigenous freshwater species.
9: There are well-functioning urban and rural areas that are responsive to the diverse and changing needs of people and their communities in a way that promotes—
a: the use and development of land for a variety of activities, including for housing, business use, and primary production; and
b: development capacity, in relation to housing and business land, being available well ahead of expected demand; and
c: adaptable and resilient urban forms that provide access for people and their communities to and between social, economic, recreational, and cultural opportunities.
10: Infrastructure is provided in a timely and ongoing manner to promote the well-being of both present and future generations.
11: In order to promote the well-being of both present and future generations, highly productive land is protected—
a: for use in land-based primary production; and
b: from inappropriate subdivision, use, and development.
12: The relationship of iwi and hapū, and the exercise of their kawa, tikanga Māori (including kaitiakitanga), and mātauranga Māori in respect of their ancestral lands, water, sites, wāhi tapu, wāhi tūpuna, and other taonga, are recognised and provided for.
13: Statutory acknowledgements are recognised consistently with the provision made for them in the relevant legislation.
7: Providing for outcomes
1: The system outcomes described in section 6(2) to (13)
a: at the national level, in the national planning framework; and
b: at the regional level, in plans.
2: When providing for outcomes, the following approach must be taken:
a: the health of the natural environment and its capacity to sustain life must be protected in accordance with the purpose of this Act:
b: not all outcomes are required to be achieved in all places or at all times:
c: conflict between or among outcomes must be identified and resolved at the highest practicable level within the national planning framework and plans made under this Act:
d: as a means of avoiding conflict between outcomes, achieving compatibility between or among outcomes must be preferred rather than achieving one outcome at the expense of another:
e: the goal of achieving outcomes, at both the national and regional levels, must be preferred over the goal of avoiding conflict. Decision-making, procedural, and information principles
8: Decision-making principles
1: All persons making recommendations or decisions on the national planning framework or plans must—
a: provide for the integrated management of the environment; and
b: actively promote the outcomes provided for under this Act; and
c: recognise the positive effects of using, developing, and protecting the environment to achieve the outcomes; and
d: manage the adverse effects of using and developing the environment in a way that achieves, and does not undermine, the outcomes; and
e: manage the cumulative adverse effects of using and developing the environment; and
f: not prefer a use because it is either a new or existing use when considering how the outcomes are to be best achieved; and
g: have regard to the polluter pays principle; and
h: in relation to managing effects, have regard to whether it is appropriate to apply the effects management framework ( see section 437
2: All persons exercising powers and performing functions and duties under this Act must recognise and provide for the responsibility and mana of each iwi and hapū to protect and sustain the health and well-being of te Taiao in accordance with the kawa, tikanga Māori (including kaitiakitanga), and mātauranga Māori in their rohe or takiwā.
3: All persons exercising powers and performing functions and duties under this Act must recognise and provide for the protection and exercise of protected customary rights.
9: Procedural principles
1: All persons exercising powers and performing functions and duties under this Act must take all practical steps—
a: to use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions, powers, and duties being exercised or performed; and
b: to promote collaboration between or among local authorities, communities, and Māori on their common resource management issues.
2: If no time limit is prescribed for taking an action or making a decision under this Act, the person responsible for the action or decision must take that action or make that decision as promptly as is reasonable in the circumstances.
3: All persons making recommendations or decisions on the national planning framework or on a plan must develop framework rules and plan rules that will reduce reliance on resource consenting processes in accordance with the restrictions imposed on activities by or under sections 21 to 26
10: Information principles
1: All persons exercising powers and performing functions and duties under this Act must use the best available information.
2: In this section, best available information
3: A person who is required to use the best available information must not delay making decisions solely because of uncertainty about the quality or quantity of the information available.
4: If information required for making a decision under this Act is uncertain or inadequate, a person exercising powers and performing functions and duties under this Act must favour—
a: caution; and
b: providing a level of protection for the natural environment and cultural heritage that is proportionate to the risks and effects involved.
2: Other preliminary matters
Definitions
11: Interpretation
1: In this Act, unless the context otherwise requires,— abatement notice section 649 abiotic access strip clause 6 accommodated activity section 9(1) accredited clause 82 ADR process clause 60 adverse effect affected application clause 1 affected person agent agent of a ship
a: an agent in New Zealand of the owner of a ship; or
b: an agent of a ship aircraft airport allocation framework
a: means the provisions of this Act, the national planning framework, other regulations, and plans and regulations that relate to allocation methods and the allocation of resources (other than natural resources subject to Part 8
b: includes sections 156 157 158 194 to 197 793 clauses 1 to 11 allocation method Part 8
a: standard consenting process:
b: comparative consenting process:
c: standard consenting process modified by a market-based allocation method (but see sections 158(5) 196(4) allotment section 575 anticipated activity section 140 applicant Part 6 clause 54 aquaculture activities
a: means any activity described in section 23
b: includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but
c: does not include an activity specified in paragraph (a)
i: is not in the exclusive and continuous possession or control of the person undertaking the activity; or
ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed; and
d: does not include an activity specified in paragraph (a) or (b) aquaculture area aquaculture area decision section 186C aquaculture settlement area section 4 aquatic life section 2(1) arable land use
a: grain cereal, legumes, or pulse grain:
b: herbage seed:
c: oilseed:
d: maize grain, maize silage, cereal silage, or mangels:
e: crops grown for seed multiplication:
f: a crop prescribed in regulations made under section 398(1)(a) area of interest auditor section 386 bed
a: in relation to a river,—
i: for the purposes of esplanade reserves, esplanade strips, and subdivisions, the space of land that the waters of the river cover at its annual fullest flow without overtopping its banks:
ii: for the purposes of Part 2 section 50
A: in accordance with criteria or methodologies set out in the national planning framework or regulations made under section 801
B: if no regulations apply, by agreement between a regional planning committee and the Minister; or
C: if no regulations or agreement applies, by the Environment Court, using its powers to make a declaration; or
D: if no regulations, agreement, or declaration determines the matter, the space of land that the waters cover at its fullest flow without overtopping its banks:
iii: in all other cases, the space of land that the waters of the river cover at its fullest flow without overtopping its banks; and
b: in relation to a lake (other than a lake controlled by artificial means),—
i: for the purposes of esplanade reserves, esplanade strips, and subdivisions, the space of land that the waters of the lake cover at its highest level without exceeding its margin:
ii: in all other cases, the space of land that the waters of the lake cover at its highest level without exceeding its margin; and
c: in relation to a lake controlled by artificial means, the space of land that the waters of the lake cover at its maximum permitted operating level:
d: in relation to the sea, the submarine areas covered by the internal waters and the territorial sea benefits and costs best practicable option
a: the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and
b: the financial implications, and the effects on the environment, of that option when compared with other options; and
c: the current state of technical knowledge and the likelihood that the option can be successfully applied biophysical business land
a: an industrial zone:
b: a commercial zone:
c: a large format retail zone:
d: a mixed-use zone, to the extent that it allows business uses:
e: a special purpose zone, to the extent that it allows business uses cadastral survey dataset section 4 certificate of approval section 573 certificate of completion section 573 certificate of compliance section 354 certificate that consent conditions are complied with section 573 certified freshwater farm plan section 386 certifier section 386 chief executive CIP section 511 clause 94 order clause 1 of Schedule 13 climate change
a: can be attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and
b: in addition to natural climate variability, can be observed over comparable time periods closed register section 415 coastal marine area
a: of which the seaward boundary is the outer limits of the territorial sea; and
b: of which the landward boundary is the line of mean high-water springs, except that where that line crosses a river, the landward boundary at that point is whichever is the lesser of—
i: 1 kilometre upstream from the mouth of the river; or
ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal permit section 220 coastal water
a: seawater with a substantial freshwater component; and
b: seawater in estuaries, fiords, inlets, harbours, or embayments commercial aquaculture section 4 commercial fishing section 2(1) common marine and coastal area section 9(1) company lease section 122
a: that is granted by a company owning an estate or interest in the land; and
b: that is held by a person by virtue of being a shareholder in the company comparative consenting process clauses 2 to 11 conditions consent authority conservation area section 573 conservation planning document section 415 constable section 4 constituent districts contaminant
a: when discharged into water, changes or is likely to change the physical, chemical, or biological condition of the water; or
b: when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged contaminated land
a: in any physical state in, on, or under the land; and
b: in concentrations that—
i: exceed an environmental limit; or
ii: pose an unacceptable risk to human health or the environment contravene critical habitat section 415 cross lease
a: granted by an owner of the land; and
b: held by a person who has an estate or interest in an undivided share in the land Crown organisation section 4 cultural heritage
a: means those aspects of the environment that contribute to an understanding and appreciation of New Zealand’s history and cultures that possess any of the following qualities:
i: archaeological:
ii: architectural:
iii: cultural:
iv: historic:
v: scientific:
vi: technological; and
b: includes—
i: historic sites, structures, places, and areas; and
ii: archaeological sites; and
iii: sites of significance to Māori, including wāhi tapu and wāhi tūpuna; and
iv: the surroundings associated with sites referred to in subparagraphs (i) to (iii)
v: cultural landscapes customary marine title agreement section 95 customary marine title area section 9(1) customary marine title group section 9(1) customary marine title order section 9(1) deposit
a: means a deposit by the Registrar-General of Land under the Land Transfer Act 2017
b: includes approval by the chief executive of Land Information New Zealand under section 584(3) section 584(4)(a) deposit requirements section 573 designation section 517 determination section 324 development capacity
a: the zoning, outcomes, policies, rules, and overlays that apply to the land under the relevant proposed and operative plans; and
b: the capacity to meet the expected long-, medium-, and short-term requirements, including enabling housing choice and affordability; and
c: the provision of adequate development infrastructure to support the development of the land development infrastructure
a: water supply, wastewater, and stormwater; and
b: land transport (as defined in section 5(1) of the Land Transport Management Act 2003), to the extent that it is controlled by the local authorities Director of Maritime New Zealand Director section 439 discharge discharge permit section 220(e) discretionary activity section 140 district
a: means the district of the territorial authority as determined in accordance with the Local Government Act 2002
b: includes, for the purposes of section 262 dumping
a: means,—
i: in relation to waste or other matter, its deliberate disposal; and
ii: in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment; but
b: does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation if—
i: those operations are prescribed by regulations made under section 800
ii: the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter dwelling house
a: any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and
b: includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but
c: does not include the land upon which the residence is sited ecological integrity
a: representation: the occurrence and extent of ecosystems and indigenous species and their habitats; and
b: composition: the natural diversity and abundance of indigenous species, habitats, and communities; and
c: structure: the biotic and abiotic physical features of ecosystems; and
d: functions: the ecological and physical functions and processes of ecosystems ecosystem effect
a: includes, irrespective of the scale, intensity, duration, or frequency,—
i: any positive or adverse effect; and
ii: any temporary or permanent effect; and
iii: any past, present, or future effect; and
iv: any cumulative effect arising over time or in combination with other effects; and
b: also includes—
i: any potential effect of high probability; and
ii: any potential effect of low probability which has a high potential impact effects management framework section 437 eligible infrastructure section 8 emissions reduction plan Climate Change Response Act 2002 employee
a: in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and
b: in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) enforceable undertaking section 665 enforcement action section 732 enforcement function section 732 enforcement officer engagement agreement Part 1 environment
a: the natural environment:
b: people and communities and the built environment that they create:
c: the social, economic, and cultural conditions that affect the matters stated in paragraphs (a) and (b) Environment Court clause 3 environmental compensation environmental contribution contribution
a: in money:
b: in land, including an esplanade or esplanade strip (other than if required in respect of a subdivision):
c: as a combination of money and land; but
d: do not include Maori land (within the meaning of Te Ture Whenua Maori Act 1993), unless that Act provides otherwise environmental limit
a: means an environmental limit set under section 110
i: that relates to the ecological integrity of an aspect of the natural environment; or
ii: that relates to human health; but
b: if a minimum acceptable limit is set under section 112 Environmental Protection Authority EPA section 7 esplanade reserve Reserves Act 1977
a: that is—
i: a local purpose reserve within the meaning of section 23 section 593
ii: a reserve vested in the Crown or a regional council under section 619
b: that is vested in the territorial authority, regional council, or the Crown for 1 or more of the purposes set out in section 609 esplanade strip section 617 section 609 existing use certificate section 358 359 exploration section 2(1) extended order clause 94 clause 94(4) farm operator section 386 fast-track consenting process clause 12 fish section 2(1) fisheries resources section 2(1) fishing section 2(1) foreshore
a: means any land covered and uncovered by the flow and ebb of the tide at mean spring tides; but
b: in relation to land that forms part of the bed of a river, does not include any area that is not within the coastal marine area framework outcomes framework policy framework rule freshwater geothermal energy
a: means energy derived or derivable from, and produced within the earth by, natural heat phenomena; and
b: includes all geothermal water geothermal water
a: means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more; and
b: includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena greenhouse gas section 4(1) HAIL harmful substance section 800 harvestable spat section 2(1) hazardous substance section 2 heritage protection authority
a: any Minister of the Crown, including—
i: the Minister of Conservation acting either on their own initiative or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and
ii: the Minister for Māori Development acting either on their own initiative or on the recommendation of any iwi authority, group representing hapū, or other Māori group with interests in a given place:
b: a local authority acting either on its own initiative or on the recommendation of any iwi authority, group representing hapū, or other Māori group with interests in a given place:
c: Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 13(1)(i)
d: any Māori group or body corporate that is approved as a heritage protection authority under section 560 heritage protection order section 562 section 564(4)(b) highly vulnerable biodiversity area HVBA section 415 horticultural land use section 386 identified Māori land section 511 IHP incident Part 11 section 732 incinerate indigenous biodiversity
a: means the variety of indigenous living organisms and the ecological complexes of which they are a part; and
b: includes diversity within species, between species, and the diversity of ecosystems industrial or trade premises
a: means—
i: premises used for industrial or trade purposes; and
ii: premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes; or
iii: premises used for composting organic materials; or
iv: other premises from which a contaminant is discharged in connection with any industrial or trade process; but
b: does not include any production land industrial or trade process
a: every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material; and
b: any intervening storage of the raw material, partly processed matter, or product infrastructure
a: infrastructure provided by a requiring authority; and
b: infrastructure provided by a network utility operator; and
c: infrastructure provided by a requiring authority other than a network utility operator for a project or work that meets the significant public benefit criteria in section 514(6)
d: eligible infrastructure within the meaning of section 8
e: electricity generation facilities that—
i: connect directly to the national grid electricity transmission network; or
ii: connect to a local distribution network; and
f: activities undertaken by Kāinga Ora under section 131
g: nationally significant infrastructure within the meaning of section 9
h: district or regional resource recovery or waste disposal facilities; and
i: a relevant school or institution as defined in the Education and Training Act 2020
j: a hospital care institution within the meaning of section 58(4)
k: fire and emergency services facilities infringement fee section 799 infringement offence section 799 interim enforcement order section 643 internal waters section 4 intrinsic values
a: their biological and genetic diversity; and
b: the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience iwi authority iwi and hapū participation legislation joint management agreement section 63 kaitiakitanga lake land
a: includes land covered by water and the airspace above land; and
b: in a framework rule or plan rule dealing with a matter within the responsibility of a regional council under section 50
c: in a framework rule or a plan rule dealing with a matter within the responsibility of a territorial authority under section 52 land use consent section 220 lawyer section 6 limited notification limited order clause 94(3) local authority Part 6
a: means a regional council or territorial authority; and
b: includes a unitary authority; but
c: for the purposes of Part 3 clause 54 local board section 5(1) mahinga mātaitai Mana Whakahono ā Rohe subpart 6 mana whenua management unit Māori land section 4 marine and coastal area section 9(1) marine incineration facility section 257 Maritime New Zealand section 429 market-based allocation method see also sections 158(6) 196(5) master section 2(1) mātaitai mineral section 2(1) minimum acceptable limit see section 112 minimum level target section 119(3) mining section 2(1) Minister Minister for the Environment Minister of Conservation Conservation Act 1987 Minister responsible for aquaculture Minister responsible for fisheries mouth
a: as agreed and set by the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed plan or plan change; or
b: as declared by the Environment Court under section 637
c: subject to section 173(3) national adaptation plan national park National Parks Act 1980 national planning framework section 103 natural and physical resources natural environment
a: land, water, air, soil, minerals, energy, and all forms of plants, animals, and other living organisms (whether native to New Zealand or introduced) and their habitats; and
b: ecosystems and their constituent parts natural hazard
a: means any atmospheric or earth- or water-related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment; and
b: includes the effects of climate change on any of those occurrences; and
c: includes soil that contains concentrations of naturally occurring contaminants that pose an ongoing risk to human health NBE regulator section 635 Nelson and Tasman unitary authorities section 165 network utility operator
a: undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
b: operates or proposes to operate a network for the purpose of—
i: telecommunication, as defined in section 5
ii: radiocommunications, as defined in section 2(1)
c: is an electricity operator or electricity distributor as defined in section 2(1)
d: undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
e: undertakes or proposes to undertake a drainage or sewerage system; or
f: constructs, operates, or proposes to construct or operate a road or railway line; or
g: is an airport authority as defined in section 2(1)
h: is a provider of any approach control service within the meaning of the Civil Aviation Act 1990
i: is a responsible special purpose vehicle that is constructing or proposing to construct eligible infrastructure; or
j: undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under section 791
k: is a provider of an emergency service (such as an ambulance or fire service); or
l: operates the land part of a port operation (including warehousing and distribution facilities associated with the port) that is contiguous with and adjacent to the coastal marine area; or
m: operates an inland port (not contiguous with the coastal marine area) or the landward operations of a seaward port operated under the Port Companies Act 1988 New Zealand Threat Classification System ngā hapū o Ngāti Porou section 10 NHNP Act Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 Resource Management Act 1991 nitrogenous fertiliser section 400 noise notification notice of decision
a: a copy of a decision on—
i: an application for a resource consent; or
ii: a requirement for a designation; or
iii: a provision of a national planning framework or plan; or
b: a notice summarising a decision under paragraph (a) notice of ongoing requirements section 573 NPF proposal
a: a proposed national planning framework; or
b: a proposed change to the national planning framework occupier
a: means the person occupying a property; and
b: means, for the purposes of section 19 occupy
a: where the occupation is reasonably necessary for another activity; and
b: where the occupation is to the exclusion of any persons or class of persons not expressly allowed to occupy that part of the coastal marine area under a rule in a plan or by a resource consent; and
c: where a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense, but for a rule in the plan or the holding of a resource consent under this Act offshore installation section 222(1) oil transfer site section 281 on-scene commander section 281 open coastal water operative
a: has come into force and has legal effect; and
b: has not ceased to be operative outcomes owner
a: in relation to land, means the person entitled to the rack rent of the land or who would be if the land were let to a tenant at a rack rent, and includes—
i: the owner of the fee simple estate in the land; and
ii: any person who has agreed in writing, conditionally or unconditionally, to purchase the land or a leasehold estate or interest in the land, or take a lease of the land, while the agreement is in force:
b: in relation to a ship, offshore installation, or oil transfer site, has the meaning given in section 222(2) participating authorities section 86 pastoral land use section 386 pecuniary penalty section 717 permitted activity section 140 permitted activity notice section 362 person
a: the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate; and
b: the successor of that person place of national importance section 415 plan
a: means a natural and built environment plan made in accordance with Schedule 6
b: includes a proposed natural and built environment plan, unless otherwise expressly stated plan change clause 7(1) plan outcomes plan rule polluter section 411 polluter pays principle section 404 primary CIP section 511 primary submission clause 36 private road section 315(1) private way section 315(1) production land
a: means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products); but
b: does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals prohibited activity section 140 proposed plan
a: means a proposed plan or a variation or change to a proposed plan that has been notified under clause 34 Schedule 6
b: includes an independent plan or independent plan change proposed under subpart 2 prospecting section 2(1) protected customary right section 9(1) protected customary rights area section 9(1) protected customary rights group section 9(1) protected customary rights order section 9(1) public authority section 57(5) public notice section 12 public notification section 12 public work Part 9 section 511 raft
a: means any moored floating platform which is not self-propelled; and
b: includes platforms that provide buoyancy support for the surfaces on which fish or marine vegetation are cultivated or for any cage or other device used to contain or restrain fish or marine vegetation; but
c: does not include booms situated on lakes subject to artificial control which have been installed to ensure the safe operation of electricity generating facilities reclamation plan section 573 record of title section 5(1) region
a: has the meaning given in section 5(1)
b: includes the area administered by the Chatham Islands Council under the Chatham Islands Council Act 1995 regional council
a: has the meaning given in section 5(1)
b: includes a unitary authority regional planning committee section 169 regional spatial strategy Spatial Planning Act 2023 registered owner Land Transfer Act 2017 regulations remove any sand, shingle, shell, or other natural material section 23(8) renewable energy requiring authority
a: a Minister of the Crown; or
b: a local authority; or
c: a council-controlled organisation; or
d: a network utility operator approved as a requiring authority under section 513
e: an applicant, other than a network utility operator, approved as a requiring authority under section 513 reservation section 2(1) reserve Reserves Act 1977 resource allocation principles section 156 resource consent
a: means a consent or permit described in section 220
b: includes any conditions to which a consent or permit is subject responsible infrastructure authority section 511 responsible special purpose vehicle section 511 risk section 6(5) section 4 river
a: means a body of freshwater that is continuously or intermittently flowing; and
b: includes a stream and modified watercourse; but
c: does not include an artificial watercourse, including an irrigation canal, a water supply race, a canal for the supply of water for electric power generation, a farm drainage canal, or any other artificial watercourse road
a: has the meaning given in section 315(1)
b: includes a motorway within the meaning of section 2(1) rule see subpart 3 seaweed section 2(1) secondary CIP section 518 secondary submission clause 39 serve sections 742 to 744 ship section 2(1) significant biodiversity area soil conservation space special purpose vehicle section 511 specified cultural heritage
a: meets the criteria for inclusion in the New Zealand Heritage List/Rārangi Kōrero as a Category 1 historic place, historic area, wāhi tapu, wāhi tapu area, or wāhi tūpuna; or
b: is on the list of National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna kōrero Tūturu; or
c: is a wāhi tapu, wāhi tapu area, or wāhi tūpuna for which there is an application notified but not determined under section 68(4) specified instrument section 386 standard consenting process Part 6 subpart 2 State highway section 2(1) statutory acknowledgement Schedule 14 statutory area strategic content of a plan section 171(1) structure
a: means any building, equipment, device, or other facility that is made by people and fixed to land; and
b: includes any raft subdivision consent section 220 subdivision of land section 574 submission subsequent action section 732 successor survey dataset section 576 system outcome section 6 survey plan section 576 tangata whenua target section 118 tender section 442 territorial authority Part 2 of Schedule 2 territorial sea section 3 te Tiriti o Waitangi section 2 tikanga Māori trade competition subpart 5 Treaty settlement legislation
a: an Act listed in Schedule 3
b: any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act unit plan section 573 unitary authority section 5(1) urban form use
a: in sections 21 31 to 33 210(2) 531(1)(b)(i) 564(1)(a)
i: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure of part of a structure in, on, over, or under land:
ii: drill, excavate, or tunnel land or disturb land in a similar way:
iii: damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
iv: deposit a substance in, on, or under land:
v: any other use of land; and
b: in sections 21 32 210(2) 531 564(1) variation clause 62 wāhi tapu section 6 wāhi tūpuna section 6 waste or other matter water
a: means water in all its physical forms whether flowing or not and whether over or under the ground; and
b: includes freshwater, coastal water, and geothermal water; but
c: does not include water in any form while in any pipe, tank, or cistern water body water conservation order section 365 water permit section 220 well-being wetland wildlife refuge wildlife sanctuary section 573 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or 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: For the purposes of the definition of development capacity
a: long-term means between 10 and at least 30 years:
b: medium-term means between 3 and 10 years:
c: short-term means within the next 3 years.
3: In this Act and the Spatial Planning Act 2023, a reference in te reo Māori to any form of Māori group is inclusive of the equivalent Moriori language word (for example, iwi includes imi). 1991 No 69 ss 2 2AA 2A 3
12: Meaning of public notice
1: If this Act requires a person to give public notice
a: publish on an Internet site to which the public has free access a notice that—
i: includes all the information that is required to be publicly notified; and
ii: is in the prescribed form (if any); and
b: publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates.
2: The notice and the short summary of the notice must be worded in a way that is clear and concise. 1991 No 69 s 2AB Miscellaneous
13: Application of Act to ships and aircraft of foreign States
Unless regulations made under a relevant empowering provision in this Act other than the national planning framework provide otherwise, this Act does not apply to the following:
a: warships of a State other than New Zealand:
b: aircraft of the defence force of a State other than New Zealand:
c: any ship owned or operated by a State other than New Zealand for government purposes (but not commercial purposes):
d: the master or crew of a warship, aircraft, or ship referred to in paragraphs (a) to (c) 1991 No 69 s 4A
14: General transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
15: Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
The transitional, savings, and related provisions set out in Schedule 2
16: Act binds the Crown
1: This Act binds the Crown, except as provided in this section. Exclusions in respect of Crown work or activity on land
2: This Act does not apply to any work or activity of the Crown that is—
a: a use of land within the meaning of section 21
b: certified by the Minister of Defence as necessary for reasons of national security.
3: Section 21(1)(b)
a: is undertaken within the boundaries of an area of land held or managed under the Conservation Act 1987 Schedule 1
b: is consistent with a conservation management strategy, conservation management plan, or management plan made under the Conservation Act 1987 Schedule 1
c: does not have a significant adverse effect beyond the boundaries of the area of land.
4: Section 21 Gazette Exclusion of specified enforcement documents
5: An abatement notice or excessive notice direction may be served on, or issued against, an instrument of the Crown under this Act, but only if—
a: the instrument of the Crown is a Crown organisation; and
b: the notice or direction is served on or issued against the Crown organisation in its own name.
6: An enforcement order may be made against an instrument of the Crown under this Act, but only if—
a: the instrument of the Crown is a Crown organisation; and
b: a local authority or the EPA applies for the order; and
c: the order is made against the Crown organisation in its own name.
7: Subsections (5) and (6) section 17(1)(a)
8: An infringement notice must not be served against an instrument of the Crown under this Act, unless—
a: the instrument of the Crown is a Crown organisation; and
b: the organisation is liable to be proceeded against for the alleged offence under subsection (6)
c: the notice is served against the Crown organisation in its own name.
9: An instrument of the Crown may be prosecuted for an offence against this Act, but only if—
a: the instrument of the Crown is a Crown organisation; and
b: the offence is alleged to have been committed by that Crown organisation; and
c: the proceedings are commenced—
i: by a local authority, the EPA, or an enforcement officer; and
ii: against the Crown organisation in its own name, and not citing the Crown as a defendant; and
iii: in accordance with the Crown Organisations (Criminal Liability) Act 2002
10: However, subsections (8) and (9) section 8(4) Further exceptions applying to enforcement against Crown organisation or the Crown
11: If a Crown organisation is not a body corporate, it must be treated as a separate legal personality for the purposes of—
a: serving or issuing an abatement notice or direction against the Crown organisation; and
b: making an enforcement order against the Crown organisation; and
c: serving an infringement notice on the Crown organisation; and
d: enforcing any order, direction, or notice referred to in paragraphs (a) to (c)
12: Unless subsections (5) to (11)
a: be served or issued with a notice or direction referred to in subsection (11)(a) or (c)
b: have an order referred to in subsection (11)(b)
c: be prosecuted for an offence against this Act. 1991 No 69 s 4
2: Duties, responsibilities, and restrictions
1: Duties and responsibilities applying to all persons when carrying out activities under this Act
17: Environmental responsibility
1: Consistently with the ethic of stewardship, every person has a responsibility to protect and sustain the health and well-being of the natural environment for the benefit of both present and future generations, including as required by section 18
2: The responsibility referred to in subsection (1)
18: Duty to avoid, minimise, remedy, offset, or compensate for adverse effects
1: Every person has a duty to avoid, minimise, remedy, offset, or provide compensation for, any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—
a: any of sections 30 to 34
b: any applicable environmental limits or targets:
c: a framework rule, a plan rule, a resource consent, or a designation.
2: The duty referred to in subsection (1)
3: However, subsection (2)
a: the power conferred by section 641
b: the power conferred by section 649 1991 No 69 s 17(1)–(3)
19: Duty to avoid unreasonable noise
1: This section applies to—
a: every person who occupies land (including any premises and any coastal marine area); and
b: every person carrying out an activity in, on, or under a water body or the coastal marine area.
2: A person to whom this section applies must adopt the best practicable option to ensure that noise emitted from that land or water does not exceed a reasonable level.
3: Noise emission standards may be prescribed in a framework rule, a plan rule, or a resource consent for the purposes of any of sections 21 23 to 28
4: For the purposes of this section, a framework rule may prescribe the best practicable option for an activity.
5: This section applies to overflying by aircraft, but only to the extent that noise emission controls for airports, including those in the coastal marine area, are prescribed by a framework rule or by a plan rule. 1991 No 69 ss 9(5) 12(5) 16
20: Other legal requirements not affected
1: Compliance with this Act does not remove the need to comply with all other applicable legislation and rules of law.
2: The duties and restrictions set out in this Part are enforceable against any person, but only through the provisions of this Act.
3: No person is liable to another person for a breach of a duty or restriction under this Act, except in accordance with the provisions of this Act.
4: Subsections (2) and (3) 1991 No 69 s 23
2: Restrictions relating to land, coastal marine area, river and lake beds, water, and discharges
Land
21: Restrictions relating to land
1: A person must not use land in a way that contravenes—
a: a framework rule; or
b: a plan rule; or
c: section 420(1) 422
2: However, a person may use land if the use—
a: is expressly allowed by a permitted activity notice; or
b: is expressly allowed by a resource consent; or
c: in the case of a rule administered by a regional council, is an activity allowed by section 34
d: in the case of a rule administered by a territorial authority, is an activity allowed by section 30 32
3: A person must not contravene section 531 533 564
4: This section does not apply to the use of the coastal marine area. 1991 No 69 s 9(1)–(3) Subdivision of land
22: Restrictions relating to subdivision of land
1: A person must not subdivide land unless the subdivision—
a: complies with subsection (3)
b: is given effect to under another Act in accordance with that other Act as described in subsection (4)
2: Subsection (1) Te Ture Whenua Maori Act 1993 When subdivision may be undertaken under this Act
3: A person may subdivide land if the subdivision—
a: is expressly allowed by a framework rule, a plan rule administered by a territorial authority, or a resource consent; and
b: is shown on one of the following:
i: a survey plan of subdivision of land, or a building or part of a building, prepared in a form suitable to deposit under the Land Transfer Act 2017 Part 10
ii: a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 sections 584 591
iii: a survey plan that includes a unit plan and a survey dataset giving effect to the grant of a cross-lease or company lease. Subdivision undertaken under other Acts
4: A person may subdivide land if the subdivision is given effect to in any of the following ways:
a: by acquiring, taking, transferring, or disposing of part of an allotment under the Public Works Act 1981 subsection (5)
b: by establishing, changing, or cancelling a reserve under section 338
c: by a transfer under section 23 section 27D
d: by any vesting in, or transfer or gift of, any land—
i: in or to the Crown or any local authority or administering body for the purposes (other than administrative purposes) of the Conservation Act 1987 Schedule 1
ii: by the Crown in exchange for land received under subparagraph (i)
e: under an exemption for subdivisions under section 25A
f: under a transfer or gift of any land to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014 Queen Elizabeth the Second National Trust Act 1977
g: under a transfer, exchange, or other disposition of land made by an order under subpart 3
h: under an exemption for boundary adjustments under section 10
5: Each existing separate parcel of land disposed of under the Public Works Act 1981
6: Nothing in this section applies to the issuing of a record of title under section 591
7: In subsection (4)(d) administering body section 2 1991 No 69 s 11 Coastal marine area
23: Restrictions relating to use of coastal marine area
1: A person must not carry out any of the following activities in the coastal marine area:
a: reclaiming or draining any part of the foreshore or seabed; or
b: erecting, reconstructing, placing, extending, or demolishing any part of any structure that is fixed in, on, under, or over any foreshore or seabed; or
c: disturbing any part of the foreshore or seabed (including by anchoring, excavating, drilling, or tunnelling) in a manner that has, or is likely to have, an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or
d: depositing in, on, or under any part of the foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on that part of the foreshore or seabed; or
e: destroying, damaging, or disturbing any part of the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or
f: introducing or planting any exotic or introduced plant in, on, or under any part of the foreshore or seabed; or
g: destroying, damaging, or disturbing any part of the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on cultural heritage.
2: A person must not—
a: occupy any part of the common marine and coastal area; or
b: remove any sand, shingle, shell, or other natural material from the common marine and coastal area.
3: However, a person may carry out any of the activities listed in subsection (1) or (2)
4: Without limiting subsection (1)
a: an activity in, on, under, or over any part of the coastal marine area; or
b: an activity relating to any natural resources in the coastal marine area.
5: Subsection (4)
a: a resource consent; or
b: a permitted activity notice; or
c: section 34
6: This section does not prohibit a regional council from removing structures from the common marine and coastal area in accordance with the requirements of section 19(3) to (3C)
7: This section does not apply to an activity to which section 26 27
8: In this section, remove any sand, shingle, shell, or other natural material 1991 No 69 s 12 River and lake beds
24: Restrictions relating to use of beds of lakes and rivers
1: A person must not, in relation to the bed of a lake or river,—
a: use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or
b: excavate, drill, tunnel, or otherwise disturb the bed; or
c: introduce any plant or part of a plant, whether indigenous or exotic, in, on, or under the bed; or
d: deposit any substance in, on, or under the bed; or
e: reclaim or drain the bed.
2: However, a person may carry out those activities if they are expressly allowed by a framework rule, a plan rule administered by a regional council, or a resource consent.
3: A person must not carry out any of the following in relation to the bed of a lake or river in a manner that contravenes a framework rule or a plan rule:
a: entering onto or passing across the bed of a lake or river:
b: damaging, destroying, disturbing, or removing a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:
c: damaging, destroying, disturbing, or removing the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:
d: damaging, destroying, disturbing, or removing the habitats of animals in, on, or under the bed of a lake or river.
4: A person may carry out those activities if they are—
a: expressly allowed by a resource consent; or
b: expressly allowed by a permitted activity notice; or
c: existing lawful activities allowed by section 34
5: This section does not—
a: apply to the use of land in the coastal marine area; or
b: limit section 21 1991 No 69 s 13 Water
25: Restrictions relating to water
1: A person must not carry out the following activities in relation to water in a manner that contravenes a framework rule or a plan rule administered by a regional council:
a: taking, using, damming, or diverting any open coastal water:
b: taking or using any heat or energy from any open coastal water.
2: However, a person may carry out those activities if they are—
a: expressly allowed by a resource consent; or
b: expressly allowed by a permitted activity notice; or
c: existing lawful activities under section 34
3: A person must not take, use, dam, or divert any of the following:
a: water other than open coastal water:
b: heat or energy from water other than open coastal water:
c: heat or energy from the material surrounding geothermal water.
4: However, subsection (3)
a: the taking, using, damming, or diverting is expressly allowed by—
i: a framework rule; or
ii: a plan rule administered by a regional council; or
iii: a permitted activity notice; or
iv: a resource consent; or
b: in the case of freshwater, the water, heat, or energy is required for—
i: an individual’s reasonable domestic needs; or
ii: the reasonable needs of a person’s animals for drinking water; or
c: in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area; or
d: in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual’s reasonable domestic or recreational needs; or
e: the water is required to be taken or used for emergency or training purposes in accordance with section 48
5: Subsection (4)(b), (c), and (d) 1991 No 69 s 14 Discharges
26: Restrictions relating to discharging contaminants
1: A person must not discharge—
a: a contaminant or water into water:
b: a contaminant onto or into land in circumstances that may result in that contaminant (or any other contaminant released as a result of natural processes associated with that contaminant) entering water:
c: a contaminant from an industrial or trade premises into air:
d: a contaminant from an industrial or trade premises onto or into land.
2: However, a person may carry out that activity if the discharge is expressly allowed by—
a: a framework rule or regulations, other than the national planning framework, made under a relevant empowering provision in this Act; or
b: a plan rule administered by a regional council; or
c: a permitted activity notice; or
d: a resource consent.
3: A person must not discharge a contaminant into the air or onto or into land from a place or other source, moveable or not, in a manner, or in circumstances, that contravene a framework rule or a plan rule.
4: However, a person may carry out an activity referred to in subsection (3)
a: expressly allowed by regulations, other than the national planning framework, made under a relevant empowering provision in this Act; or
b: expressly allowed by a resource consent; or
c: expressly allowed by a permitted activity notice; or
d: an existing lawful activity under section 34
5: This section does not apply to anything to which section 27 28 1991 No 69 s 15
27: Restrictions relating to dumping and incinerating in coastal marine area
1: A person must not carry out any of the following activities in the coastal marine area:
a: dumping waste or other matter from a ship, aircraft, or offshore installation:
b: incinerating any waste or other matter in a marine incineration facility:
c: dumping any ship, aircraft, or offshore installation.
2: A person may carry out those activities if the dumping or incinerating is expressly allowed by a resource consent.
3: This section does not permit—
a: the discharge of a harmful substance that would contravene section 28
b: the dumping of radioactive waste or radioactive matter to which section 29 1991 No 69 s 15A
28: Restrictions relating to discharging harmful substances in coastal marine area
1: A person must not discharge a harmful substance or contaminant from a ship or offshore installation in the coastal marine area into water, onto or into land, or into air.
2: However, a person may discharge a harmful substance or contaminant as described in subsection (1)
a: the discharge is permitted or controlled by—
i: a plan rule administered by a regional council; or
ii: a resource consent; or
iii: regulations made under section 800
b: after reasonable mixing, the harmful substance or contaminant (whether or not in combination with another discharge) is unlikely to give rise to any of the following effects in the receiving waters:
i: the production of a conspicuous oil or grease film, scum, or foam, or floatable or suspended materials:
ii: a conspicuous change of colour or visual clarity:
iii: an emission of an objectionable odour:
iv: significant adverse effects on aquatic life; or
c: the harmful substance or contaminant, if discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to the extent that it has, or is likely to have, a significant adverse effect on the environment.
3: A person must not discharge water into water in the coastal marine area from a ship or offshore installation.
4: However, a person may discharge water as described in subsection (3)
a: the discharge is permitted or controlled by—
i: a plan rule administered by a regional council; or
ii: a resource consent; or
iii: regulations made under section 800
b: after reasonable mixing, the water discharged is unlikely to give rise to significant adverse effects on aquatic life.
5: A person must not discharge a harmful substance or contaminant in reliance on subsection (2)(b) or (c) or (4)(b) section 800
6: Despite section 7 subsection (2) or (4) 1991 No 69 s 15B
29: Prohibitions relating to radioactive waste, etc, in coastal marine area
1: A person must not, in the coastal marine area,—
a: dump radioactive waste or other radioactive material from a ship, aircraft, or offshore installation:
b: store radioactive waste or other radioactive matter, or toxic or hazardous waste on or in any land or water.
2: In this section,— radioactive waste or other radioactive material section 257 toxic or hazardous waste section 800 1991 No 69 s 15C
3: Existing uses that may continue
30: Certain existing uses in relation to land may continue
1: A person may use land in a way that contravenes a plan rule administered by a territorial authority if—
a: the use was lawfully established—
i: before the rule became operative; or
ii: before the proposed plan was notified; or
iii: by way of a designation; and
b: the adverse effects of the use—
i: are the same as or similar in character, intensity, and scale to those that existed before the rule became operative, the proposed plan was notified, or the designation was removed; or
ii: are reduced.
2: Despite subsection (1)
a: the natural environment:
b: the avoidance, reduction, or mitigation of the risks associated with natural hazards:
c: adaptation to climate change:
d: mitigation of climate change:
e: contaminated land.
3: Subsection (2)(a)
a: is authorised by the national planning framework; and
b: is reasonably necessary to—
i: ensure compliance with a limit or associated target; or
ii: avoid, minimise, or remedy any more than minimal adverse effects that the activity is generating on the attributes that make a place a significant biodiversity area or a highly vulnerable biodiversity area; or
iii: manage any significant harm or damage to other aspects of the natural environment, human health, or property that the activity causes, or contributes to.
4: This section and sections 31 32
a: controlled under section 50
b: restricted under section 23
c: restricted under section 24
5: Nothing in this section limits section 34 1991 No 69 s 10(1), (4), (5)
31: When existing use protection may be lost
1: Section 30
2: However, section 30
a: an application for an extension of the existing use is made to the territorial authority within 2 years of the activity first being discontinued; and
b: an extension is granted because—
i: the effect of the extension will not be contrary to the outcomes and policies of the applicable plan; and
ii: the applicant has obtained approval from every person who may be adversely affected by the granting of an extension (unless the territorial authority considers that it would unreasonable in the circumstances to require the applicant to obtain every approval).
3: Section 30
4: Subsection (2) sections 764 to 771 1991 No 69 s 10(2), (3)
32: Certain existing activities on surface of water may continue
1: This section applies to the use of the surface of water in lakes or rivers in the following circumstances:
a: if that use was formerly a permitted activity or could have been carried out lawfully without a resource consent; and
b: if, as a result of a plan rule administered by a territorial authority becoming operative in accordance with section 198
2: An activity within the scope of subsection (1)
a: the activity was lawfully established before the plan rule became operative or took legal effect in accordance with section 198
b: the adverse effects of the use—
i: are the same as, or similar in character, intensity, and scale to, those that existed before the rule became operative, the proposed plan was notified, or the designation was removed; or
ii: are reduced; and
c: the person carrying on the activity has applied for a resource consent from the appropriate consent authority not later than 6 months after the rule becomes operative.
3: If an application has been made for a resource consent for an activity to which this section applies, the activity may continue to be carried on until the application is decided and any appeals determined. 1991 No 69 s 10A
33: Certain existing building works allowed
1: Land may be used in a way that contravenes a plan rule administered by a territorial authority if the use is a building work or intended use of a building that is to be treated as being lawfully established in accordance with subsection (2)
2: A building work or the intended use of a building is to be treated as being lawfully established if—
a: a building consent was issued for the building work or the intended use of a building (including any amendments) in accordance with the Building Act 2004 section 198
b: at the time that the building consent was issued and any amendments included, the building work or intended use of a building—
i: would not have contravened a rule in a plan; or
ii: could have been carried out without a resource consent for another reason.
3: However, despite subsection (2)
a: after the plan rule has legal effect in accordance with section 198
i: the effects of the building work or its intended use will not be the same or similar in character, intensity, and scale as the effects would have been before the building consent was amended; or
ii: the change is limited to reducing the adverse effects on the environment or otherwise improving the environment; or
b: the building consent has lapsed or been cancelled; but
c: a code of compliance certificate issued under the Building Act 2004
i: is not to be treated as having cancelled the building consent for the building; or
ii: was not issued within 2 years of the plan rule taking legal effect (or any further period the territorial authority may allow if satisfied that reasonable progress has been made towards completing the building work within the 2-year period).
4: Section 30(4) and (5)
5: In this section, building building work intended use sections 8 9 1991 No 69 s 10B
34: Certain existing lawful activities allowed
1: If an activity requires a resource consent because a plan rule administered by a regional council has legal effect in accordance with section 198 clause 65
2: Subsection (1)
a: before the rule had legal effect, the activity—
i: was a permitted activity or could have been carried on lawfully without a resource consent; and
ii: was lawfully established; and
b: the adverse effects of the activity—
i: are the same as, or similar in character, intensity, and scale to, those that existed before the rule became operative, the proposed plan was notified, or the designation removed; or
ii: are reduced; and
c: the activity has not been discontinued continuously for more than 6 months since the rule took legal effect in accordance with section 198
3: If an activity requires a resource consent because a plan rule administered by a regional council becomes operative, the activity may continue after the rule becomes operative if,—
a: before the rule became operative, the activity—
i: was a permitted activity or was allowed to continue under subsection (1)
ii: was lawfully established; and
b: the adverse effects of the activity—
i: are the same as, or similar in character, intensity, and scale to, those that existed before the rule became operative; or
ii: are reduced from the adverse effects that existed at that time; and
c: the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date on which the rule became operative but that application has not been decided or appeals determined. 1991 No 69 s 20A
3: Exercise of functions, powers, and duties under this Act
1: Functions, powers, and duties of Ministers
35: Functions and powers of Minister for Environment
The Minister for the Environment has the following functions under this Act:
a: to ensure that the national planning framework is prepared, approved, and maintained:
b: to decide whether to intervene in, or give a direction on, a matter that is, or is part of, a proposal of national importance:
c: to monitor the implementation of this Act (and of any secondary legislation made under it) and its effectiveness in achieving the purpose of the Act:
d: to monitor the relationship between the functions, powers, and duties of central government and local government under this Act:
e: to monitor and investigate, as the Minister considers appropriate, any matter of significance to the environment:
f: to consider and investigate the use of economic instruments such as charges, levies, off-setting, and incentives as a means of achieving the purpose of this Act:
g: any other functions specified in this Act. 1991 No 69 s 24
36: Minister for Environment may investigate and make recommendations in respect of local authorities and regional planning committees
1: The Minister for the Environment may—
a: investigate the exercise or performance by a local authority or regional planning committee of any of its functions, powers, or duties under this Act; and
b: make recommendations to the local authority or regional planning committee on its exercise or performance of those functions, powers, or duties; and
c: investigate the failure or omission by a local authority or regional planning committee to exercise or perform any of its functions, powers, or duties under this Act; and
d: make recommendations to the local authority or regional planning committee on its failure or omission to exercise or perform those functions, powers, or duties.
2: The Minister for the Environment may require a local authority or regional planning committee to—
a: set out how the local authority or committee is responding to the Minister’s recommendations; and
b: make that information publicly available. 1991 No 69 s 24A
37: Minister for Environment may appoint substitute for local authority
1: Subsection (2)
2: If the Minister for the Environment considers it necessary for achieving the purpose of this Act, the Minister may appoint 1 or more persons, including a person from the public service, to exercise or perform 1 or more of the functions, duties, or powers concerned.
3: An appointment under subsection (2)
a: may be made on the terms and conditions that the Minister thinks fit; and
b: must be made publicly available, with the appointee’s terms of reference, including—
i: the appointee’s functions, duties, and powers; and
ii: the duration of the appointment.
4: The Minister must not make an appointment under subsection (2)
a: until the Minister has given written notice to the local authority—
i: stating why the Minister proposes to make the appointment; and
ii: giving the local authority a reasonable opportunity to satisfy the Minister that it has exercised or performed the function, power, or duty to the extent necessary; and
iii: providing a time frame of not less than 20 working days after the date of the notice for taking steps to remedy the fault; and
b: if the Minister is not satisfied with the response and the local authority has not taken the required steps within the specified time frame, the Minister may make the appointment.
5: A person appointed under subsection (2)
6: Subsection (7)
a: the Minister for the purposes of this section; and
b: the person appointed under subsection (2)
7: The costs, charges, and expenses referred to in subsection (6)
a: are recoverable as a debt due to the Crown; or
b: may be deducted from money payable to the local authority by the Crown. 1991 No 69 s 25
38: Minister for Environment may direct preparation of plan change or variation
1: The Minister—
a: may direct a regional planning committee—
i: to prepare a plan change that addresses a resource management issue relating to a function of a local authority and any matters which local authorities are responsible for under this Act; or
ii: to prepare a variation to a proposed plan that addresses a resource management issue relating to a function of a local authority and any matters which local authorities are responsible for under this Act; and
b: may direct the committee, in preparing the plan change or variation, to deal with the whole or a specified part of the local authority’s region or district; and
c: must, in giving a direction, specify a reasonable period within which the plan change or variation must be notified.
2: The Minister must—
a: provide reasons why they are directing the preparation of the plan change (including the process to be used for the plan change, if applicable) or variation and make their reasons publicly available; and
b: prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and
c: consult any relevant ministers or any other person the Minister considers appropriate to consult on the content in the statement of expectations.
3: The regional planning committee must—
a: report to the Minister on how the committee has had regard to the statement of expectations; and
b: make the report publicly available.
4: In this section, resource management issue 1991 No 69 s 25A
39: Ministers may direct that review of plan be undertaken
1: The Minister for the Environment may direct a regional planning committee to commence a review of the whole or any part of a plan (except in relation to the coastal marine area) and, if the Minister does so, must specify a reasonable period within which the review must begin.
2: The Minister of Conservation may direct a regional planning committee to begin a review of the whole or any part of a plan so far as it relates to the coastal marine area and, if the Minister does so, must specify a reasonable period within which the review must commence.
3: The Minister must—
a: provide reasons why they are directing that a review be undertaken and make their reasons publicly available; and
b: prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and
c: consult any relevant Ministers or any other person the responsible Minister considers appropriate to consult on the content in the statement of expectations.
4: The regional planning committee must—
a: report to the relevant Minister on how the committee has had regard to the statement of expectations; and
b: make the report publicly available.
5: Section 782(2) to (4) 1991 No 69 s 25B
40: Minister for Environment may direct that other action be taken
1: This section applies to powers, functions, or duties under this Act, other than those for which a direction is made under section 38 39
2: The Minister may direct a regional planning committee or local authority to exercise or perform a power, function, or duty if the Minister is satisfied that—
a: the committee or local authority is not exercising or performing the power, function, or duty—
i: to the extent that the Minister considers necessary to achieve the purpose of this Act; or
ii: within the time frame required by this Act, the national planning framework, or the relevant plan; and
b: reasonable steps have been taken to assist the committee or local authority to exercise or perform the power, function, or duty to that extent.
3: The Minister must—
a: provide reasons for giving the direction and make their reasons publicly available; and
b: identify the power, function, or duty that must be exercised or performed.
4: The local authority or regional planning committee must, within 20 working days of receiving the direction,—
a: set out for the Minister how the committee or local authority will carry out the direction, including any associated milestones, time frames, or monitoring; and
b: make that information publicly available.
41: Functions of Minister of Conservation
The Minister of Conservation has the following functions under this Act:
a: to ensure that the national planning framework is prepared, approved, and maintained, to the extent that the Minister is responsible under section 164
b: to monitor the effect and implementation of the national planning framework and plans in relation to the coastal marine area:
c: any other functions specified in this Act. 1991 No 69 s 28
42: Functions of Minister responsible for aquaculture
The Minister responsible for aquaculture has the following functions under this Act:
a: suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area:
b: making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area:
c: recommending the making of regulations under section 793
d: making decisions on offers for authorisations under section 464 1991 No 69 s 28B Delegations and directions
43: Delegation of functions by Ministers
1: A Minister of the Crown may, generally or particularly, delegate to the chief executive of that Minister’s department any of the Minister’s powers, functions, or duties under this Act.
2: A delegation made under this section must comply with clause 5
3: However, the following functions, powers, or duties must not be delegated:
a: certifying any work or activity under section 16(2)
b: appointing persons to exercise powers or perform functions or duties in place of a local authority or regional planning committee under section 37
c: approving, changing, replacing, or revoking the national planning framework or any part of it in accordance with Part 1
d: the following functions, powers, and duties under Parts 2 to 5
i: deciding whether to make a direction under clause 55(2) 63(1)
ii: deciding whether to accept a referral application under clause 19
iii: appointing a board of inquiry under clause 75 clause 55(2) 63(1)
iv: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under clause 55(2) 63(1)
v: deciding whether to intervene in a matter under clause 91
vi: deciding under clause 93 clause 96
e: approving an applicant as a requiring authority under section 513
f: approving an applicant as a heritage protection authority under section 560
g: recommending issuing or amending a water conservation order under section 379 381
h: making, or recommending the making of, regulations under a relevant empowering provision in this Act, including the national planning framework:
i: this power of delegation.
4: A chief executive may, in accordance with clauses 2 3 clause 5
5: Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 6 1991 No 69 ss 25 29(1)–(3)
2: Environmental Protection Authority
44: Functions of EPA
The functions of the EPA are—
a: to perform functions under Parts 2 to 5
b: to make decisions under section 354
c: to provide secretarial and support services to—
i: a board of inquiry appointed under clause 75
ii: a special tribunal appointed under section 367
d: if requested by the Minister, to provide secretarial and support services to a person appointed under this Act or another Act to make a recommendation or decision requiring the application of provisions of this Act as applied or modified by the other Act:
e: to provide technical advice to the responsible Minister on the development of the national planning framework:
f: to exercise any powers or perform any functions or duties delegated to it by the Minister under section 46
g: to perform the enforcement functions conferred by section 733
h: to perform functions under subpart 4
i: to perform any other functions specified in this Act. 1991 No 69 s 42C
45: Cost recovery for specified function of EPA
1: If the Minister asks the EPA under section 44 supported person
a: the Minister must direct the EPA to recover from that person the actual and reasonable costs incurred by the EPA in providing the services; and
b: the EPA must recover those costs in accordance with the direction, but only to the extent that they are not provided for by an appropriation under the Public Finance Act 1989
2: The EPA must, on request by the supported person, provide an estimate of the costs likely to be recovered under this section.
3: When recovering costs under this section, the EPA must have regard to the following criteria:
a: the sole purpose is to recover the reasonable costs incurred in providing the services:
b: whether it is administratively efficient to allocate to and recover costs from the person.
4: If the EPA requires a supported person to pay costs recoverable under this section, the costs are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction. 1991 No 69 s 42CA
46: Delegation to EPA by Ministers
1: The Minister for the Environment may, in writing, delegate to the EPA the Minister’s functions, powers, and duties under section 35(c) Parts 2 to 5 sections 767 768
a: deciding whether to accept a referral application under clause 19
b: deciding whether to make a direction under clause 55(2) 63(1)
c: appointing a board of inquiry under clause 75 clause 55(2) 63(1)
d: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under clause 55(2) 63(1)
e: deciding whether to intervene in a matter under clause 91
f: deciding under clause 93 clause 92
2: The Minister of Conservation may, in writing, delegate to the EPA the Minister’s functions, powers, and duties—
a: under clause 94
b: under sections 767(b) 768 770 paragraph (a)
3: The EPA may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the EPA—
a: under clause 94
b: under sections 767(b) 768 770 paragraph (a)
4: A delegation under subsection (1) or (2)
a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
b: does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.
5: A delegation under subsection (3)
a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and
b: does not prevent the EPA from performing the functions or duties, or exercising the powers, concerned. 1991 No 69 s 29(4)–(6)
47: Certain directions prohibited
The Minister for the Environment must not give a direction under section 103 section 44(b) 1991 No 69 s 29A
3: Functions of regional planning committees
48: Functions of regional planning committees
1: A regional planning committee’s functions are—
a: to make and maintain the plan for its region using the process set out in Schedule 6
b: to approve or reject recommendations made by an independent hearings panel after it considers submissions on the plan; and
c: to set any environmental limits and interim limits for the region that the national planning framework requires the plan to prescribe ( see section 110
d: to monitor how effectively its plan is being implemented by each local authority in the region; and
e: any other functions specified in this Act or in the Spatial Planning Act 2023
2: In carrying out its functions under this Act, a regional planning committee must enable integrated and strategic decision making for the region by—
a: taking a collaborative approach to developing a regional spatial strategy and plan for the region; and
b: considering the perspectives of the different communities within the region.
3: Each regional planning committee also has a duty, in relation to its role in preparing the plan for the region,—
a: to initiate and comply with any engagement agreement ( see Part 1
b: to undertake consultation in accordance with Schedule 6
4: In the case of the Nelson and Tasman unitary authorities, this section applies to the combined regions.
4: Matters for which local authorities are responsible
Local authorities
49: Functions of regional councils
1: A regional council has the following functions under this Act:
a: to participate with the regional planning committee appointed for the region in developing and reviewing any plan, to the extent that the plan is relevant to a resource management issue relating to a function of the council and any matters which they are responsible for under this Act; and
b: at its discretion, to prepare statements of regional environmental outcomes; and
c: to monitor and enforce the general duties set out in Part 2
d: to carry out any other functions specified in this Act.
2: The purpose of the statements of regional environmental outcomes is to express the values of the communities of the region and their aspirations for the use, development, and protection of the natural environment.
3: In preparing a statement of regional environmental outcomes, the regional council is subject to the general obligations on decision makers set out in subpart 1 Spatial Planning Act 2023
4: The regional council must provide the statements to the regional planning committee within 2 months of the regional planning committee resolving to commence the plan development process ( see clause 2
5: If a function is delegated or transferred to a regional council, the council must carry out that function under the terms of the delegation or transfer. 1991 No 69 s 30
50: Matters for which regional councils responsible
As far as they are relevant to a region, the regional council has responsibility for the following matters: Use of land
a: the use of land for the purpose of—
i: soil conservation:
ii: maintaining and enhancing the quality of freshwater in water bodies and coastal water:
iii: maintaining the quantity of freshwater in water bodies and coastal water:
iv: maintaining and enhancing ecosystems in water bodies and coastal water:
v: avoiding, mitigating, or reducing the risks arising from natural hazards: Coastal marine area
b: in relation to the coastal marine area in the region, management (in conjunction with the Minister of Conservation) of—
i: the use of land and its associated natural and built resources:
ii: to the extent that it is within the common marine and coastal area, the occupation of space, and the extraction of sand, shingle, shell, or other natural materials from the coastal marine area:
iii: the taking, use, damming, and diversion of water:
iv: discharges of contaminants into or onto land, air, or water and discharges of water into water:
v: the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations:
vi: any actual or potential effects of the use, development, or protection of land, including avoiding, mitigating, or reducing the risks arising from natural hazards:
vii: the emission of noise and light and mitigating their effects:
viii: activities in relation to the surface of water: Water
c: the taking, using, damming, and diverting of water, and the control of the quantity, level, and flow of water in a water body, including—
i: setting any maximum or minimum levels or flows of water:
ii: controlling the range, or rate of change, of levels or flows of water:
iii: controlling the taking or use of geothermal energy: Discharges of contaminants
d: the discharge of contaminants into or onto land, air, or water and discharges of water into water: Bed of water body
e: in relation to the bed of a water body,—
i: the introduction or planting of any plant in, on, or under that land for the purpose of—
A: soil conservation:
B: maintaining and enhancing the quality of water in the water body:
C: avoiding, mitigating, or reducing the risks arising from natural hazards:
ii: the management of cultural heritage on the beds of lakes and rivers: Indigenous biodiversity
f: the maintenance and enhancement of indigenous biodiversity: Infrastructure
g: the strategic integration of infrastructure with land use.
51: Functions of territorial authorities
1: A territorial authority has the following functions under this Act:
a: to participate with the regional planning committee appointed for the district in developing and reviewing any plan, to the extent that the plan is relevant to a resource management issue relating to a function of the territorial authority and any matters which that authority is responsible for under this Act; and
b: at the authority’s discretion, to prepare statements of community outcomes; and
c: to monitor and enforce the general duties set out in Part 2
d: any other functions specified in this Act.
2: The purpose of a statement of community outcomes is to express the values of the community and its aspirations for—
a: the use, development, and protection of the environment; and
b: the maintenance and enhancement of a community’s sense of place.
3: In preparing a statement of community outcomes, the territorial authority is subject to the general obligations on decision makers set out in subpart 1 Spatial Planning Act 2023
4: The territorial authority must provide the statements to the regional planning committee within 2 months of the regional council resolving to commence the plan development process ( see clause 2
5: If a function is delegated or transferred to a territorial authority, that authority must carry out that function under the terms of the delegation or transfer. 1991 No 69 s 31
52: Matters for which territorial authority responsible
As far as they are relevant to 1 or more territorial authorities within a region, a territorial authority is responsible for the following matters:
a: the effects of the use, development, or protection of land within a district, including—
i: avoiding, mitigating, or reducing the risks arising from natural hazards:
ii: preventing or mitigating any adverse effects of developing, subdividing, or using contaminated land:
iii: maintaining and enhancing indigenous biodiversity; and
b: the emission of noise and light and mitigating their effects; and
c: the effects of activities relating to the surface of water in rivers and lakes; and
d: subdivision of land; and
e: the integrated management of the effect of the use, development, or protection of natural and physical resources; and
f: ensuring that there is sufficient development capacity of land for housing and business to meet the expected demands of the district; and
g: the protection of trees and the urban tree canopy.
53: Local authorities to implement and administer plans and strategies
Each local authority in the region must, in relation to matters for which it has responsibility, implement and administer the plan for its region and its regional spatial strategy, including undertaking—
a: the role of consent authority; and
b: monitoring; and
c: enforcement and compliance.
54: Local authority must publicly notify breaches of environmental limits
1: A local authority must publicly notify any breach of an environmental limit in its region.
2: The following information must be included in the public notice:
a: the cause and extent of the breach; and
b: how the authority plans to manage the breach; and
c: when compliance with the limit is expected to be achieved; and
d: any other information the authority considers relevant. Minister of Conservation
55: Minister of Conservation has certain powers of local authority
1: The Minister of Conservation—
a: has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the functions, powers, and duties that a regional council would have under this Act if those coastal marine areas were within the region of that regional council; and
b: may exercise, in respect of the islands specified in paragraph (a)
i: the functions, powers, and duties that a regional council would have under this Act if those islands were within the region of that regional council; and
ii: the responsibilities, duties, and powers that a territorial authority would have under this Act if those islands were within the district of that territorial authority; and
iii: the power conferred by section 725(3)
2: The responsibilities, duties, and powers conferred on the Minister of Conservation by subsection (1)(b) subsection (1)(a)
3: The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act. 1991 No 69 s 31A Local authorities to have compliance and enforcement strategy
56: Local authorities to prepare compliance and enforcement strategy
1: A local authority must prepare and publish a compliance and enforcement strategy, which takes into account relevant Treaty settlements, and voluntary or statutory agreements with local iwi, hapū, or Māori (including Mana Whakahono ā Rohe agreements).
2: When developing a compliance and enforcement strategy, local authorities must work with iwi authorities and groups that represent hapū within the region.
3: A compliance and enforcement strategy must set out the following:
a: how compliance monitoring will be carried out, including how mātauranga Māori and other specialist input will be integrated into compliance monitoring:
b: how local authorities will monitor and enforce their own compliance:
c: how the local authority will avoid inappropriate influence or bias in enforcement decision making:
d: how the local authority will respond to incidents of non-compliance:
e: how the local authority will deal with incidents of non-compliance:
f: how compliance monitoring and enforcement will be resourced:
g: how any reporting requirements will be met:
h: what matters a local authority may consider when determining whether to waive compliance under section 222
i: how frequently the strategy will be reviewed and updated (which may, for example, be in accordance with the significance and engagement policy under section 76AA Transfer of powers
57: Transfer of powers
1: A local authority or regional planning committee may transfer 1 or more of its functions, powers, or duties to another public authority in accordance with this section.
2: The power conferred by subsection (1)
3: A local authority or regional planning committee must not transfer any function, power, or duty unless—
a: it has used a process that gives effect to section 82
b: it has first given notice to the Minister of its proposal to transfer a power, function, or duty; and
c: the local authority or regional planning committee and the public authority receiving the transfer agree that the transfer is desirable for all of the following reasons:
i: the authority to which the transfer is to be made represents the appropriate community of interest relating to the performance or exercise of the function, power, or duty:
ii: the transfer will result in greater efficiency in the performance or exercise of the function, power, or duty:
iii: the authority to which the transfer is made has the requisite technical or special capability or expertise.
4: Subsection (3)(c)
5: In this section, public authority
a: a local authority; and
b: a regional planning committee; and
c: an iwi authority; and
d: a group representing hapū; and
e: a statutory authority; and
f: a government department; and
g: a joint committee; and
h: a local board. 1991 No 69 s 33(1)–(4)
58: Limits to transfer of powers
Section 57 clause 41
59: Procedural and other matters relevant to transfer of powers
1: A transfer of functions, powers, or duties under section 57
2: A public authority may accept a transfer of a function, power, or duty under that section, unless the authority is expressly forbidden to do so by the terms of an Act under which it is constituted.
3: A transfer under section 57
4: If a request is received to transfer a power under section 57
a: give careful consideration to the request; and
b: respond to the requester within 6 months of receiving the request; and
c: every 3 years, report to the National Māori Entity on how they have—
i: considered and dealt with any requests received from iwi authorities or groups representing hapū; and
ii: considered on their own initiative any opportunities to transfer powers or undertake other initiatives to enable the participation of iwi and hapū in resource management processes.
5: Local authorities and regional planning committees must notify the Minister when—
a: a transfer of power is requested; and
b: that transfer is achieved, altered, or terminated.
6: An agreement to transfer a power under section 57
a: how the agreement may be altered or terminated; and
b: how risks and liabilities will be allocated between or among the parties to the agreement. 1991 No 69 s 33(6)–(9) Delegation of functions, powers, or duties
60: Delegation by local authorities
Delegation to committee
1: A local authority may delegate any of its functions, powers, or duties under this Act to a committee of the local authority established in accordance with the Local Government Act 2002 Delegation to community board
2: A territorial authority may delegate any of its functions, powers, or duties under this Act to a community board established in accordance with the Local Government Act 2002 Delegation to local board
3: A unitary authority may delegate to a local board any of its functions, powers, or duties under this Act if a matter is of local significance to that board. 1991 No 69 s 34(1)–(3B)
61: Further provisions on delegation
1: A delegation under section 60
a: be made on the terms and conditions that the local authority thinks appropriate; and
b: be revoked at any time by written notice to the delegate.
2: Unless the instrument of delegation provides differently, a body to whom a function, power, or duty is delegated under section 60
3: A body authorised to act under a delegation under section 60
4: A delegation under section 60 1991 No 69 s 34(7)–(10)
62: Delegation of powers and functions to employees and other persons
1: A local authority may delegate to an employee, or a hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except this power of delegation.
2: A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:
a: the power to delegate in subsection (1)
b: the power to make a decision on an application for a resource consent:
c: the power to make a recommendation on a requirement for a designation.
3: Section 61 1991 No 69 s 34A Joint management agreements
63: Power to make joint management agreements
1: If a local authority or regional planning committee receives a request for a joint management agreement from another possible party, it must, after carefully considering the request,—
a: notify the Minister of the request; and
b: satisfy itself that each possible party to the proposed joint agreement—
i: represents the relevant community of interest; and
ii: has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority.
2: However, the requirements of subsection (1)(b)
3: A regional planning committee must not enter into a joint management agreement that provides for final approval of a plan to be given jointly.
4: A local authority or regional planning committee must, in addition to the matters of substance agreed by the parties, also include in the joint management agreement details describing—
a: the resources that will be required for the administration of the agreement; and
b: how the administrative costs of the joint management agreement will be met; and
c: how the agreement may be altered or terminated; and
d: how risks and liabilities will be allocated between or among the parties to the joint management agreement.
5: In addition, the requirements of section 59(4) and (5)
6: A local authority or regional planning committee, as relevant, that meets the requirements of subsections (1) and (2)
7: In this section and section 64 possible party 1991 No 69 ss 36B 36E
64: When local authority or regional planning committee may act alone
1: This section applies if a joint management agreement requires the parties to perform or exercise a specified function, power, or duty together but the agreement does not specify how such a decision is to be made.
2: The local authority or regional planning committee may perform or exercise the function, power, or duty by itself if a decision is required before the parties are able to do so together. 1991 No 69 s 36C
65: Effect of joint management agreement
A decision made under a joint management agreement has legal effect as a decision of the local authority or regional planning committee. 1991 No 69 s 36D
5: National Māori Entity
66: National Māori Entity established
1: The National Māori Entity is, on 1 March 2024, established as an independent statutory entity.
2: The National Māori Entity is a body corporate with perpetual succession.
3: For the purpose of performing its functions and duties, and exercising its powers under this Act and the Spatial Planning Act 2023, it—
a: has full capacity to undertake any business or activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a)
4: Subsection (3)
a: the appointment under this subpart of the members of the National Māori Entity ( see section 74
b: the provisions of this Act, any other enactment, and the general law.
5: In this subpart, monitored entities
a: Ministers:
b: public service agencies:
c: local authorities and unitary authorities:
d: regional planning committees:
e: any other persons or groups acting under this Act or the Spatial Planning Act 2023
67: Purpose of National Māori Entity
In order to inform improvement in the resource management system at the national and regional levels, the purpose of establishing the National Māori Entity is to provide independent monitoring of the cumulative effect of decisions made by persons exercising powers and performing functions and duties in giving effect to the principles of te Tiriti o Waitangi under this Act and the Spatial Planning Act 2023
68: Independence of National Māori Entity
1: In performing its functions and duties and exercising its powers under this Act, the National Māori Entity must act independently of—
a: any Minister of the Crown or Crown agency:
b: any persons, entities, or groups of persons with functions, powers, or duties under this Act or the Spatial Planning Act 2023
c: iwi, hapū, and Māori.
2: However, the National Māori Entity may, at its discretion, operate collaboratively with, and be informed by information provided by, any person, entity, or group referred to in subsection (1) Monitoring and reporting functions
69: Functions, powers, and duties of National Māori Entity
1: When the National Māori Entity is monitoring entities to assess whether the system is giving effect to the principles of te Tiriti o Waitangi ( see section 5 section 5
a: the significant actions taken by monitored entities; and
b: the cumulative effects of those actions.
2: In carrying out its primary function, the National Māori Entity must—
a: develop, and make publicly available, a framework for its monitoring function; and
b: regularly monitor the operations of those performing functions and duties and exercising powers under this Act and the Spatial Planning Act 2023
c: assess whether any issues identified through monitoring are relevant to the duty of the monitored entities to give effect to the principles of te Tiriti o Waitangi; and
d: make recommendations to the monitored entities, including whether ministerial intervention is required—
i: in relation to the performance of a monitored entity:
ii: if issues at a national, regional, or local level are identified.
3: The National Māori Entity, on its own initiative or upon request from any person, may—
a: carry out monitoring outside the regular cycle, if it considers it necessary to achieve its purpose; and
b: through its primary function, provide expert advice in relation to—
i: the national planning framework ( see clauses 2 11 19 30
ii: the evaluation framework ( see section 772(3)
iii: any other matter relevant to the primary function of the Entity.
70: Obligation to report on monitoring activities
1: The National Māori Entity, informed by its monitoring activities as required by section 69
a: must report to each monitored entity as soon as practicable after concluding its monitoring of that entity; and
b: must advise the monitored entity of its duty to respond within the time specified; and
c: may require any information.
2: The National Māori Entity may prepare and provide reports under subsection (1)(a)
3: The National Māori Entity must also report to the Minister, at least once every 6 years, to show on a national basis whether the environment is being effectively managed to give effect to the principles of te Tiriti o Waitangi.
4: Reports provided by the National Māori Entity to the Minister may include recommendations as to intervention by the Minister if the National Māori Entity considers that significant issues have been identified in the performance by the monitored entity.
5: All monitoring reports prepared by the National Māori Entity, and the associated responses from the monitored entities, must be made publicly available by the National Māori Entity.
71: Responses to reports
1: The Minister, and each monitored entity that receives a report from the National Māori Entity under section 70
a: in the case of the Minister, as soon as practicable, but no later than 6 months of receiving the report; and
b: in the case of a monitored entity, within the time frame specified in the report.
2: Responses must demonstrate that the monitored entity has considered—
a: the findings and any recommendations included in the report; and
b: what measures it intends to take in relation to those matters.
3: The Minister must, as soon as practicable, present to the House of Representatives a copy of the report received by the Minister and a copy of the Minister’s response.
72: Information held by National Māori Entity
1: The National Māori Entity may share information with any monitored entity if the National Māori Entity is satisfied that providing the information—
a: is necessary to further the purpose of the Entity; and
b: may assist the monitored entity or the National Māori Entity to carry out their functions under this Act or other legislation.
2: However, subsection (1)
a: sharing information under that provision will not have a substantial effect on the Entity’s performance of its functions; and
b: there are, or will be, appropriate protections in place to ensure that the confidentiality of information to be shared is maintained (in particular, information that is personal information within the meaning of the Privacy Act 2020 Provisions relating to appointments to National Māori Entity
73: Nominating committee
1: The Minister must establish a nominating committee whose role is to recommend persons for appointment as members of the National Māori Entity.
2: The nominating committee must have 5 members who, in the opinion of the Minister, have the skills and expertise that qualify them to identify suitable candidates for membership of the Entity.
3: The nominating committee must—
a: call for expressions of interest for membership of the Entity from iwi, hapū, and Māori; and
b: make recommendations to the Minister after considering the expressions of interest received.
4: The nominating committee may only include in its recommendations persons who—
a: have been nominated in accordance with subsection (3)(a)
b: meet the requirements for the collective skills described in section 74(3)
74: Membership
1: The National Māori Entity consists of 7 members appointed by the Minister.
2: In making appointments, the Minister—
a: must not appoint a person unless that person is recommended by the nominating committee ( see section 73
b: must consult the Minister of Māori Development and the Minister for Māori Crown Relations: Te Arawhiti.
3: When appointing members from the persons recommended by the nominating committee under section 73
a: te Tiriti o Waitangi and its principles; and
b: tikanga Māori, te reo Māori, and mātauranga Māori; and
c: monitoring and reporting performance; and
d: knowledge of this Act and the Spatial Planning Act 2023
e: expertise in communication, particularly with iwi, hapū, Māori, and local government; and
f: governance.
4: No person may be appointed who is disqualified within the meaning of section 30(2)
5: The Minister must give public notice of all appointments.
75: Term of office of members
1: Members of the National Māori Entity may hold office for up to 6 years.
2: However, the term of office must not expire in a calendar year for more than 3 members.
76: Chairperson and deputy chairperson
The members of the National Māori Entity must appoint the chairperson and deputy chairperson of the Entity.
77: Removal and resignation of chairperson, deputy chairperson, and members
1: The Minister may, at any time for just cause, remove a member from the National Māori Entity, after consulting the Minister for Māori Crown Relations: Te Arawhiti and the chairperson.
2: The chairperson or deputy chairperson may be removed from that office by the members of the National Māori Entity, but only by a two-thirds majority vote.
3: The Minister must—
a: give written notice of the removal to the member (with a copy to the National Māori Entity); and
b: notify the removal in the Gazette
4: By written notice to the members, the chairperson or deputy chairperson may resign from that office, without resigning as a member.
5: In this section, just cause section 40
78: Recovery of certain costs
If the National Māori Entity provides expert advice in response to a request under section 69(3)(b) Power to adopt new name
79: National Māori Entity may change name
1: The Governor-General may, on the recommendation of the Minister for the Environment after receiving a recommendation from the National Māori Entity, change the name of the National Māori Entity.
2: To avoid doubt, the National Māori Entity does not cease to be an independent statutory entity merely because its name is changed under subsection (2)
3: An Order in Council made under this section is secondary legislation ( see Part 3 Legislation Act 2019 2009 No 32 s 83 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Application of Crown Entities Act 2004
80: Application of Crown Entities Act 2004 to National Māori Entity
The following provisions of the Crown Entities Act 2004
a: sections 14 to 24
b: sections 25 to 27A
c: sections 30 31 32(2) and (3) 34 35 43 44 45(a) and (d) 47 to 78
d: sections 105 106 112 to 115A
e: sections 117 to 130 132 to 135
f: Part 4
g: Schedule 5 Application of other Acts
81: Application of certain other Acts
1: The National Māori Entity is an organisation for the purposes of the Ombudsmen Act 1975 Official Information Act 1982
2: The National Māori Entity is a public entity as defined in section 5
3: The National Māori Entity is a public office for the purposes of the Public Records Act 2005 2016 No 17 ss 46 47
6: Mana Whakahono ā Rohe
82: Definitions
In this subpart,— initiating parties section 86 participating authorities section 86(5)
a: an iwi authority or group that represents hapū; and
b: a local authority or regional planning committee participating iwi authority and group that represents hapū
a: have agreed to participate in a Mana Whakahono ā Rohe; and
b: have agreed the order in which negotiations are to be conducted relevant party section 86(2)
83: Purpose of Mana Whakahono ā Rohe
1: The purpose of adopting a Mana Whakahono ā Rohe is—
a: to provide a mechanism for iwi authorities, groups that represent hapū, local authorities, and regional planning committees to discuss, agree on, and record ways in which the iwi and hapū parties to the Mana Whakahono ā Rohe participate in resource management and decision-making processes under this Act; and
b: to assist local authorities and regional planning committees to comply with their statutory duties under this Act, the Spatial Planning Act 2023
2: The parties to a Mana Whakahono ā Rohe may be any 2 or more iwi authorities, groups representing hapū, local authorities, or regional planning committees, but at least 1 party must be an iwi authority or group representing hapū. 1991 No 69 s 58M
84: Guiding principles
In initiating, developing, and implementing a Mana Whakahono ā Rohe, the participating authorities must use their best endeavours—
a: to achieve the purpose of a Mana Whakahono ā Rohe in an enduring manner:
b: to achieve the opportunities for collaboration amongst the participating authorities, including by promoting—
i: the use of integrated processes:
ii: co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono ā Rohe:
c: in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono ā Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities:
d: to work together in good faith and in a spirit of co-operation:
e: to communicate with each other in an open, transparent, and honest manner:
f: to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise:
g: to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes:
h: to recognise that a Mana Whakahono ā Rohe under this subpart does not limit the requirements of any relevant iwi and hapū participation legislation or the agreements associated with that legislation. 1991 No 69 s 58N
85: Limitations on implementing Mana Whakahono ā Rohe arrangement
1: A Mana Whakahono ā Rohe arrangement cannot limit or otherwise constrain the engagement with iwi and hapū or other Māori groups with interests that is required by or under this Act or the Spatial Planning Act 2023
2: A Mana Whakahono ā Rohe does not limit any relevant provision of any iwi or hapū participation legislation or any agreement under that legislation.
3: Unless the participating authorities agree,—
a: the contents of a Mana Whakahono ā Rohe must not be altered; and
b: a Mana Whakahono ā Rohe must not be terminated.
4: If 2 or more iwi authorities or groups that represent hapū have, collectively, entered into a Mana Whakahono ā Rohe with a local authority or regional planning committee, any 1 of the participating authorities, if it seeks to amend the contents of the Mana Whakahono ā Rohe, must negotiate with the other participating authorities, rather than seeking to enter into a new Mana Whakahono ā Rohe.
5: Local authorities and regional planning committees must not discuss or agree matters as part of a Mana Whakahono ā Rohe, unless the matters are within the scope of their functions, powers, or duties under this Act or the Spatial Planning Act 2023 1991 No 69 ss 58R(5), (6) 58U
86: Initiation of Mana Whakahono ā Rohe
1: At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001 initiating parties
2: As soon as is reasonably practicable after receiving an invitation under subsection (1)
a: must advise any relevant party that the invitation has been received; and
b: must convene a hui or meeting of the initiating parties and any relevant party identified under paragraph (a)
3: After an invitation has been received, local authorities and the regional planning committee must attend the hui or meeting convened under subsection (2)(b)
4: Iwi authorities and groups that represent hapū may attend and participate if they wish to participate in the Mana Whakahono ā Rohe arrangement but are not required to do so if they do not wish to.
5: The hui or meeting required by subsection (2)(b) subsection (1)
6: The purpose of the hui or meeting is to provide an opportunity for the parties concerned to discuss and agree on—
a: the process for negotiation of 1 or more Mana Whakahono ā Rohe; and
b: which parties are to be involved in the negotiations; and
c: the times by which specified stages of the negotiations must be concluded.
7: The parties that are able to agree at the hui or meeting how they will develop a Mana Whakahono ā Rohe (the participating authorities
8: If 1 or more participating authorities in an area are negotiating a Mana Whakahono ā Rohe and a further invitation is received under subsection (1)
9: If an iwi authority, a group representing hapū, a local authority, or a regional planning committee have at any time entered into a relationship agreement or engagement agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono ā Rohe entered into under this subpart.
10: If a Mana Whakahono ā Rohe meets the purpose and functions of an engagement agreement, the participating authorities may agree in writing that the Mana Whakahono ā Rohe properly meets the requirements and a separate engagement agreement is not required.
11: The participating authorities must take account of the extent to which resource management matters are included in any iwi or hapū participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono ā Rohe.
12: Nothing in this subpart prevents a local authority or regional planning committee from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono ā Rohe with, 1 or more iwi authorities, groups that represent hapū, local authorities, or regional planning committees. 1991 No 69 s 58O
87: Other opportunities to initiate Mana Whakahono ā Rohe
1: An iwi authority, a group that represents hapū, a local authority, or a regional planning committee that, at the time of receiving an invitation to a meeting or hui under section 86(2)(b) Local Electoral Act 2001
2: If a Mana Whakahono ā Rohe exists and another iwi authority, group representing hapū, or a local authority or regional planning committee in the same area as the existing Mana Whakahono ā Rohe wishes to initiate a separate Mana Whakahono ā Rohe under section 86(1)
3: If any party that is eligible to join an existing Mana Whakahono ā Rohe declines to do so, that party must explain to the parties to the existing arrangement why joining that arrangement would not adequately provide for the intended relationship before initiating a separate Mana Whakahono ā Rohe.
4: Local authorities and regional planning committees must—
a: regularly consider any opportunities to initiate a Mana Whakahono ā Rohe; and
b: report annually to the National Māori Entity on how they have considered opportunities to initiate a Mana Whakahono ā Rohe.
5: The provisions of this subpart apply to any initiation under subsection (1) 1991 No 69 s 58P(1)–(3)
88: Time frame for settling Mana Whakahono ā Rohe
If an invitation is initiated under section 86(1)
a: not later than 12 months after the date on which the invitation is received; or
b: within any other period agreed by all the participating authorities. 1991 No 69 s 58Q
89: Contents of Mana Whakahono ā Rohe
1: A Mana Whakahono ā Rohe must—
a: be recorded in writing; and
b: identify the participating authorities; and
c: record the agreement of the participating authorities about—
i: how to implement the requirements of iwi and hapū participation legislation in the area of interest under the Mana Whakahono ā Rohe; and
ii: how the participating authorities may undertake engagement and provide for technical input and funding to participate in planning processes under this Act and in the strategy processes under the Spatial Planning Act 2023
iii: how the participating authorities may work together to develop and agree on methods for monitoring under this Act and under the Spatial Planning Act 2023
iv: how the participating authorities may work together on matters relating to climate change adaptation and natural hazards relevant to the areas of interest of the participating authorities; and
v: how opportunities will be created for the transfer of powers under section 57 section 63
vi: how the participating authorities will provide support for particular regard to be taken of iwi and hapū management plans; and
vii: how members of iwi authorities and groups that represent hapū can access opportunities for training as commissioners; and
viii: how the participating authorities may enable relationships to be created with council-controlled organisations that operate within the areas of interest of the participating authorities; and
ix: how the participating authorities may provide for mutual capability-building (including capacity-building) in relation to cultural connections and mātauranga Māori that are specific to the areas of interest of the participating authorities; and
x: how opportunities may be provided for iwi authorities and groups that represent hapū jointly to manage a local authority’s powers as a heritage protection authority; and
xi: how the participating authorities may support the application and implementation of the national planning framework; and
xii: the protocols and processes that apply to support the sharing of information among the participating authorities; and
xiii: a process for identifying and managing conflicts of interest; and
xiv: the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono ā Rohe, including the matters described in section 90
xv: the time frames for implementing matters that are agreed in any Mana Whakahono ā Rohe; and
xvi: the time frame and method applying to a regular review of the effectiveness of a Mana Whakahono ā Rohe, as required by section 95
2: If the participating authorities agree, they may discuss and agree on any other matters relevant to their functions, duties, and powers under this Act or any other Act.
3: The agreement recorded under subsection (1) 1991 No 69 s 58R(1)
90: Dispute resolution process recorded in Mana Whakahono ā Rohe
1: The dispute resolution process recorded in a Mana Whakahono ā Rohe under section 89
a: set out the extent to which the outcome of the process may amount to an agreement—
i: to alter or terminate a Mana Whakahono ā Rohe:
ii: to complete the review of the policies and processes of a local authority or regional planning committee to ensure that they are consistent with a Mana Whakahono ā Rohe at a later date:
iii: to conduct a joint review of the effectiveness of a Mana Whakahono ā Rohe at a later date:
iv: to undertake any additional reporting; and
b: require each participating authority to bear its own costs for any dispute resolution process undertaken.
2: A dispute resolution process must not require a local authority or regional planning committee to suspend commencing, continuing, or completing any process under this Act or the Spatial Planning Act 2023 1991 No 69 s 58R(2), (3)
91: Resolution of disputes in course of negotiations
1: This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono ā Rohe.
2: The participating authorities—
a: may undertake a binding process to resolve the dispute; but
b: if they do not agree on a binding process, must undertake a non-binding process of dispute resolution.
3: Whether the participating authorities choose a binding or non-binding process, each authority must—
a: jointly appoint an arbitrator or a mediator; and
b: meet its own costs.
4: If the dispute is not resolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister.
5: The Minister, for the purpose of assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono ā Rohe, may—
a: appoint, and meet the costs of, a Crown facilitator:
b: direct the participating authorities to use a specified dispute resolution process for that purpose. 1991 No 69 s 58S
92: Further dispute resolution methods
1: This section applies if there is a dispute among iwi authorities and groups representing hapū, where—
a: the disputing parties—
i: have an overlapping area of interest; and
ii: do not wish to work collectively on developing a Mana Whakahono ā Rohe arrangement; and
b: the dispute would impact on the exercise of functions under this Act or any other Act that are proposed to be included in the Mana Whakahono ā Rohe.
2: The parties to the dispute must—
a: attend a hui facilitated by an independent person appointed by the Māori Land Court; and
b: if the dispute remains unresolved, participate in a formal mediation process with an independent panel appointed by the Chief Judge of the Māori Land Court or the Judge’s delegate.
3: If the dispute is not resolved under subsection (2) Te Ture Whenua Maori Act 1993 section 93
93: Jurisdiction of Māori Land Court under this Act
1: For the purpose of assisting to resolve a dispute of the kind described in section 92(1) section 92
2: Proceedings may be filed by or on behalf of—
a: any party to the dispute; or
b: any person bound, or materially affected, by the dispute.
3: Proceedings must be commenced by notice given in the form and manner prescribed not later than—
a: 2 months after the date of the hui referred to in section 92(2)(a) section 92(2)(b)
b: any further period that the Māori Land Court may allow.
94: Matters relevant to determination
1: When a dispute is referred to the Māori Land Court under this subpart, the Judge or an officer of the court on behalf of the Judge must—
a: consider whether the parties have attempted to resolve the dispute by attending a hui or undertaking formal mediation ( see section 92(2)
b: if not satisfied that every effort was made to resolve the matter using one of those processes, direct that one of those dispute resolution measures be used before the court hears the matter.
2: However, the Judge may proceed to hear the matter if the Judge is satisfied that using either of those measures—
a: would not contribute constructively to resolving the dispute; or
b: would undermine the urgent or interim nature of the proceedings; or
c: would not, in all the circumstances, be in the public interest.
95: Notifying, reviewing, and monitoring
1: A local authority or regional planning committee must—
a: notify the Minister when—
i: a Mana Whakahono ā Rohe is initiated under section 86
ii: the arrangement is achieved, altered, or terminated; and
b: after entering into a Mana Whakahono ā Rohe, must review its policies and processes in accordance with this section to ensure that they are consistent with the Mana Whakahono ā Rohe.
2: The review must be completed not later than 6 months after the date of the Mana Whakahono ā Rohe, unless a later date is agreed by the parties to the Mana Whakahono ā Rohe.
3: Every sixth anniversary after the date of a Mana Whakahono ā Rohe, or at any other time by agreement, the parties to the Mana Whakahono ā Rohe must jointly review its effectiveness, having regard to—
a: the purpose of a Mana Whakahono ā Rohe; and
b: the guiding principles set out in section 84
4: The obligations under this section are in addition to the obligations of a local authority under—
a: section 784
b: section 777 1991 No 69 s 58T
7: Freshwater Working Group
Establishment and role of Working Group
96: Establishment of Working Group
The Minister must establish a working group to be called the Freshwater Working Group (the Working Group
97: Purpose of Working Group
The purpose of the Working Group is to produce a report that considers and makes recommendations—
a: on matters relating to freshwater allocation; and
b: on a process for engagement between the Crown and iwi and hapū, at the regional or local level, on freshwater allocation.
98: Terms of reference for Working Group
The terms of reference for the Working Group must include the following:
a: the skills and expertise required by members of the Working Group; and
b: the process for the appointment, by the Crown and iwi and hapū, of the members of the Working Group; and
c: any particular matters to be considered and dealt with by the Working Group; and
d: any engagement that the Working Group should undertake with iwi and hapū or any other persons or groups in the course of deliberation.
99: Requirement for report and response
1: The Working Group must provide the required report to the Minister not later than 31 October 2024.
2: The Minister must make the report publicly available by whatever means the Minister considers appropriate.
3: Not later than 6 months after receiving the report, the Minister, on behalf of the Crown, must present a response on the report to the House of Representatives.
100: Freshwater allocation matters
1: After the Minister’s response has been presented to the House of Representatives, the Minister, on behalf of the Crown, must engage with iwi and hapū at the regional or local level on matters of freshwater allocation that are relevant to the plan for the region.
2: The outcome of the engagement undertaken under subsection (1)
3: An allocation statement may be developed and agreed—
a: at a regional, catchment, or sub-catchment level; or
b: over another geographic area.
4: The engagement required under subsection (1)
5: The Minister must support the submission of the allocation statement to the relevant regional planning committee.
6: When a regional planning committee receives an allocation statement submitted under subsection (5) Schedule 6
7: The updating required by subsection (6)
a: the date of the next review of the plan; or
b: the date that is 5 years after the regional planning committee receives the allocation statement.
4: National planning framework
1: Requirements for national planning framework
101: National planning framework
There must at all times be a national planning framework.
102: Purpose of national planning framework
The purpose of the national planning framework is to achieve the purpose of this Act by—
a: providing direction on the integrated management of the environment in relation to—
i: matters of national significance; and
ii: matters for which national consistency is desirable; and
iii: matters for which consistency is desirable in some, but not all, parts of New Zealand; and
b: providing direction on the resolution of conflicts about environmental matters, including those between or among system outcomes; and
c: setting environmental limits and targets.
103: National planning framework to be made as regulations
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, make the national planning framework in the form of regulations.
2: The regulations may apply—
a: to any specified region or district of a local authority; or
b: to any specified part of New Zealand.
3: Regulations made under this section are 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 The maker must publish it on an Internet site maintained by or on behalf of the chief executive of the Ministry for the Environment ( see Schedule 5, clause 33(1) LA19 s 69(1)(c) If, pursuant to clause 33(2) Gazette 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.
104: Te Ture Whaimana
1: Te Ture Whaimana is intended by Parliament to be the primary direction-setting document for the Waikato and Waipā Rivers and activities within their catchments affecting the rivers ( see
2: Te Ture Whaimana—
a: prevails over any inconsistent provision in the national planning framework; and
b: in its entirety is deemed to be part of any plan made under this Act that affects the Waikato River or the Waipā River or activities within their catchments, and the remainder of the plan must give effect to Te Ture Whaimana.
3: In this section, Te Ture Whaimana
a: Schedule 2
b: Schedule 1
c: Schedule 1
2: Environmental limits and targets
Purpose of environmental limits and targets
105: Purpose of environmental limits
1: The purpose of setting environmental limits,—
a: in relation to ecological integrity, is to prevent the ecological integrity of an aspect of the natural environment from degrading from the state it was in at the commencement of this Part:
b: in relation to human health, is to protect human health.
2: However, this section does not affect an environmental limit that is formed under section 112(1)(b) or (c)
106: Purpose of minimum acceptable limits
The purpose of setting a minimum acceptable limit is to drive improvement in the ecological integrity of an aspect of the natural environment—
a: for which an environmental limit is required; but
b: that is determined to be unacceptably degraded ( see section 112
107: Purpose of mandatory targets
The purpose of setting a mandatory target in relation to an aspect of the natural environment (for which an environmental limit is required) is to present a desired future state in order to—
a: drive improvement in ecological integrity; and
b: reduce risks to human health.
108: Purpose of discretionary targets
The purpose of setting a discretionary target is to drive improvement in a matter for which a target is not required but is relevant to achieving—
a: a system outcome ( see section 6
b: a framework outcome; or
c: a plan outcome. Environmental limits
109: Environmental limits
1: Environmental limits must be set in relation to the following aspects of the natural environment:
a: air:
b: indigenous biodiversity:
c: coastal water:
d: estuaries:
e: freshwater:
f: soil.
2: Environmental limits may be set for any other aspect of the natural environment in accordance with the purpose of environmental limits.
3: In this section,— air soil
a: is formed on the land surface; and
b: is a product of its environment; and
c: contains mineral and organic constituents.
110: How environmental limits are to be set
The responsible Minister must, in the national planning framework,—
a: set environmental limits; or
b: prescribe the requirements for environmental limits to be set in plans, including—
i: setting requirements for the process to be followed:
ii: setting out the substantive requirements.
111: Form of environmental limits
1: An environmental limit must be expressed as relating to the ecological integrity of an aspect of the natural environment or to human health.
2: Environmental limits must be set as—
a: a biophysical state for a management unit; or
b: the amount of harm or stress to the natural environment that may be permitted in a management unit.
3: An environmental limit that relates to the ecological integrity of an aspect of the natural environment must be set to reflect—
a: the state existing in a management unit at the commencement of this Part; or
b: the amount of harm or stress occurring to the natural environment in a management unit at the commencement of this Part.
4: An environmental limit that relates to human health must be informed by relevant health guidelines published or advised by the Ministry of Health or the Minister of Health.
5: An environmental limit may be—
a: qualitative or quantitative:
b: set at different levels for different management units:
c: set in a way that integrates more than 1 of the aspects of the natural environment listed in section 109(1)
6: An environmental limit must be able to be assessed.
7: Subsection (3) does not affect an environmental limit formed under section 112(1)(b) or (c)
112: When minimum acceptable limit must be set
1: If the responsible Minister is satisfied that the ecological integrity of an aspect of the natural environment for which an environmental limit is required is unacceptably degraded,—
a: the Minister must—
i: set a minimum acceptable limit for that aspect in the national planning framework; or
ii: require that a minimum acceptable limit for that aspect be set in a plan; and
b: if an environmental limit has already been set for that aspect, on the date that the minimum acceptable limit applies, the minimum acceptable limit replaces the environmental limit; and
c: if no environmental limit has been set for that aspect, the minimum acceptable limit is the environmental limit.
2: In determining whether the ecological integrity of an aspect of the natural environment is unacceptably degraded, the responsible Minister must consider only the following matters:
a: whether the degradation of that aspect compromises the ability of future generations to provide for their needs and well-being; and
b: whether and how the state of that aspect—
i: poses risks to human health of current and future generations; and
ii: increases the risk of indigenous species being displaced or made extinct; and
iii: increases the risk of irreversible or significant harm to ecological integrity; and
c: the impact of any recent disaster event on that aspect and on the matters described in paragraphs (a) and (b); and
d: New Zealand’s international obligations that relate to that aspect.
3: The responsible Minister must—
a: be satisfied that the minimum acceptable limit is set at a level they are satisfied will remedy the degradation of the aspect of the natural environment to which it relates; but
b: if satisfied that it is not possible to remedy the degradation of that aspect, set the minimum acceptable limit at a level they are satisfied will improve that aspect to the extent practicable.
4: The responsible Minister must, in the national planning framework, require that a minimum acceptable limit that has been achieved must be maintained or improved.
113: Time frames for achieving minimum acceptable limits
1: The national planning framework may require a minimum acceptable limit relating to the ecological integrity of an aspect of the natural environment—
a: to be achieved by a date specified in the framework or plan; or
b: to be achieved through a series of steps designed to achieve progressive improvement over time.
2: The national planning framework or a plan must, for each step referred to in subsection (1)(b), specify a start date and a date by which the step is to be achieved.
3: When determining any time frame under this section, the responsible Minister or the regional planning committee (as the case may be) may consider any relevant matter, including well-being considerations.
4: Any time frame set in the national planning framework or a plan for achieving a minimum acceptable limit must be ambitious but reasonable.
114: Lack of scientific certainty no reason to delay or not set limits
When setting an environmental limit or a minimum acceptable limit that is required to be set in the national planning framework or a plan, the responsible Minister or the regional planning committee (as the case may be)—
a: must not delay setting the limit for the sole reason that there is lack of scientific certainty about—
i: the current state of the relevant aspect of the natural environment; or
ii: the cause of any loss or degradation to the ecological integrity of the relevant aspect of the natural environment; and
b: is not subject to section 8(1)(b) to (d) and (f)
c: is not subject to sections 9(3) 10(4) Exemptions
115: Exemptions from environmental limits or minimum acceptable limits may be directed
1: The responsible Minister may, on request, direct in the national planning framework an exemption from—
a: an environmental limit relating to ecological integrity; or
b: a minimum acceptable target that has been achieved.
2: A regional planning committee, a Crown agency, or a requiring authority (a requester
3: If the requester is a Crown agency or a requiring authority, it must consult the regional planning committee before requesting an exemption.
4: The national planning framework must prescribe a process for making requests for an exemption.
5: A requester must demonstrate how they have considered options for complying with the environmental limit or the minimum acceptable limit that has been achieved.
6: If an exemption is directed, the responsible Minister must progress the direction as a change to the national planning framework, and Schedule 5
116: Essential features of exemption
1: An exemption from an environmental limit or a minimum acceptable limit that has been achieved must be designed to result in the least possible net loss of ecological integrity that is compatible with providing for the activity proposed.
2: The activity must provide identifiable public benefits that justify the loss of ecological integrity.
3: An exemption must be subject to a time limit that the responsible Minister thinks appropriate in the circumstances.
4: If the responsible Minister imposes conditions when granting an exemption, the conditions and the time limits imposed must be published in the relevant plan or regional spatial strategy, as the case requires.
117: When exemptions not to be directed
The responsible Minister must not direct an exemption if the Minister determines, after considering the matters set out in section 112(2)
a: that the current state of ecological integrity in the area where the exemption would apply is unacceptably degraded; or
b: that an exemption would lead to an irreversible loss of ecological integrity. Targets
118: Form of targets
1: A target
2: A target—
a: must be able to be assessed; and
b: must be achieved by a specified time; and
c: may be expressed as a series of steps, each with a time limit, designed to achieve progressive improvement over time.
119: Mandatory targets
1: Mandatory targets must be set for each aspect of the natural environment for which limits are required by section 109(1)
2: The responsible Minister may, in the national planning framework,—
a: set mandatory targets; or
b: prescribe the substantive or process requirements for targets that are to be set in plans.
3: The requirements prescribed under subsection (2)(b) may include—
a: a requirement that targets set in plans are to be set at or better than a minimum level specified in the national planning framework:
b: requirements relating to the time frame over which targets are to be achieved.
4: Mandatory targets must,—
a: in all cases, be set at a level equal to or better than that of the associated environmental limit; and
b: for mandatory targets set in plans, comply with the relevant requirements in the national planning framework.
5: When determining the level of a mandatory target or the time frame over which it must be achieved, the responsible Minister or the regional planning committee (as the case may be)—
a: must consider any system outcome and any relevant discretionary target; and
b: may consider any relevant matter, including any well-being considerations.
6: The responsible Minister may, in the national planning framework, require a regional planning committee to consider whether a mandatory target that has been achieved should be maintained or improved.
120: Discretionary targets
1: Discretionary targets may be set for any matter that is not a matter for which a mandatory target is required if the matter is relevant to achieving—
a: a system outcome ( see section 6
b: a framework outcome; or
c: a plan outcome.
2: Section 119(2) and (3)
3: A discretionary target must—
a: be consistent with any environmental limit or mandatory target; and
b: not undermine a minimum acceptable limit that has been achieved.
4: When determining the level of a discretionary target or the time frame in which it must be achieved, the responsible Minister or the regional planning committee (as the case may be) may consider any relevant matter, including any well-being considerations.
121: Considerations relating to customary marine title area
The responsible Minister must,—
a: in deciding whether to set an environmental limit or target in the national planning framework or whether to prescribe requirements for setting an environmental limit or target, consider whether the limit or target would directly affect a customary marine title group and (if they agree that it would) consider that as a factor in favour of setting the limit or target regionally; and
b: if they are setting in the national planning framework an environmental limit or target that applies to a management unit that includes a customary marine title area, consider any relevant planning document prepared under section 85
122: Protected customary rights may be exercised despite limit or target
A protected customary right may be exercised or continue to be exercised under the Marine and Coastal Area (Takutai Moana) Act 2011
123: Monitoring of limits and targets
The national planning framework must—
a: require the monitoring and reporting of environmental limits and targets; and
b: enable data obtained from that monitoring to be aggregated at a national level; and
c: enable data obtained from that monitoring to be made publicly available; and
d: enable iwi and hapū to be involved in monitoring of environmental limits and targets, including through the application of mātauranga Māori. Management units
124: Management units
1: Management units must be set for—
a: every environmental limit; and
b: every target required under section 119(1)
2: Management units may be set for discretionary targets ( see section 120
3: The responsible Minister may, in the national planning framework,—
a: set management units:
b: prescribe substantive or procedural requirements to apply to setting management units in plans:
c: prescribe an environmental limit or target, but specify that the associated management unit is to be set in a plan.
4: A management unit may relate to more than 1 environmental limit or target.
125: Matters relevant to setting management units
1: In setting a management unit, the responsible Minister or a regional planning committee, as the case may be, must ensure that the size and location of the management unit—
a: are sufficient to enable environmental limits and their mandatory targets to meet the purposes set out in sections 105 107
b: are determined by reference to scientific knowledge and mātauranga Māori.
2: In determining what is sufficient under subsection (1)(a), the Minister or the planning committee, as the case may be, must consider the following matters:
a: whether areas with similar environmental pressures and characteristics could be grouped within a management unit for greater effectiveness and efficiency; and
b: the extent to which, in the particular location, it will be possible to measure factors such as—
i: the biophysical state of the natural environment; and
ii: the pressures on the environment; and
iii: any losses or gains in the health of the natural environment in the management unit.
3: Subject to subsection (1), the size and location of a management unit should be set to provide flexibility and to maximise opportunities for offsetting and other management approaches to be applied.
4: This section does not apply to management units set for environmental limits or targets relating to freshwater or air.
126: Management units for freshwater or air
The national planning framework may set management units for freshwater or air and provide direction on how they must be set or determined.
3: Other required content
127: National planning framework must provide direction and provide for monitoring
1: The national planning framework must, in accordance with section 7
a: how decision makers are to achieve the system outcomes; and
b: how the use and development of the environment is to promote the well-being of both present and future generations within the relevant environmental limits; and
c: the key long-term environmental matters and priorities and how they are to be dealt with.
2: The national planning framework must specify how the following will be monitored:
a: the implementation of the framework; and
b: the effectiveness of the framework.
128: National planning framework must provide for system outcomes and resolution of conflict about environmental matters
1: The national planning framework must, in accordance with section 7
a: for each system outcome; and
b: for the resolution of conflicts about environmental matters (including those between or among system outcomes) in a manner that is appropriate to the nature and scale of the conflict, including by—
i: directing how conflict is to be resolved; or
ii: providing criteria or guidance to decision makers under this Act.
2: Direction provided under subsection (1) need only be in the detail that is appropriate to the particular outcomes.
129: National planning framework must provide direction on certain matters
The national planning framework must include content that provides direction on—
a: the components of ecosystems that should be managed to protect—
i: the ecological integrity of the natural environment; and
ii: human health:
b: enabling papakāinga on Māori land:
c: enabling development capacity well ahead of expected demand:
d: enabling infrastructure and development corridors:
e: enabling renewable electricity generation and its transmission:
f: urban trees and green spaces:
g: enabling supply of fresh fruit and vegetables.
4: Matters that may be provided for
130: National planning framework may direct how certain provisions must be given effect
The national planning framework may direct that certain provisions in the framework must be given effect to through plans or regional spatial strategies or both.
131: Contents of national planning framework
1: The national planning framework may—
a: state outcomes ( framework outcomes framework policies
b: state rules ( framework rules
c: set substantive or procedural requirements for regional spatial strategies and plans, including—
i: matters that regional planning committees must consider in preparing regional spatial strategies and plans:
ii: matters that regional planning committees are required to achieve or provide for in regional spatial strategies or plans:
iii: constraints or restrictions on the content of regional spatial strategies and plans:
iv: requirements relating to the structure and form of regional spatial strategies and plans:
v: requirements for definitions in regional spatial strategies and plans:
d: direct regional planning committees to insert specific provisions in their regional spatial strategies and plans:
e: direct regional planning committees to choose from a number of specific provisions to be included in their regional spatial strategies and plans:
f: direct regional planning committees and local authorities to collect or publish specified information in order to achieve the provisions of the national planning framework:
g: include any other matter relevant to the purpose or implementation of the national planning framework.
2: Without limiting subsection (1)(b), a framework rule may—
a: provide for any matter that a plan rule may provide for under section 186(3) and (6) to (9)
b: set requirements, standards, and criteria that apply before a resource consent for an anticipated activity or a discretionary activity may be granted.
3: The national planning framework must clearly identify those provisions of the framework that are framework rules.
4: Section 186(10)
132: National planning framework must not restrict Māori customary non-commercial fishing rights in certain secondary legislation
A provision of the national planning framework that restricts or controls the effects of fishing for the purposes of this Act must not prevent customary non-commercial fishing provided for in regulations made under any of sections 186 297 298 section 10
5: Giving effect to national planning framework
133: Giving effect to national planning framework in plans
1: A regional planning committee must make any amendments required to give effect to a provision in the national planning framework in its plan by using a process in Schedule 6
2: For the purpose of subsection (1), the national planning framework may specify which of the Schedule 6
3: Despite subsection (1), the national planning framework may direct that regional planning committees must amend their plans without using a process in Schedule 6
a: to insert specific provisions set out in the national planning framework; or
b: so that plan outcomes or policies in the plan give effect to framework outcomes or policies in the national planning framework; or
c: to make the plan consistent with any constraint or restriction set out in the national planning framework.
4: Amendments required under this section must be made as soon as practicable within the time, if any, specified in the national planning framework.
5: A regional planning committee must give public notice of any amendments made under subsection (3) within 5 working days after making them.
134: Giving effect to national planning framework in regional spatial strategies
1: The national planning framework may direct that regional planning committees must amend their regional spatial strategies without using a process adopted under section 28
2: Amendments required under this section or made by a regional planning committee in accordance with section 44(2)
3: See section 44
135: When regional planning committees directed to choose provisions from framework
1: If the national planning framework directs a regional planning committee to choose from a number of specific provisions in the framework, the committee must—
a: choose an appropriate provision; and
b: use a process in Schedule 6
c: notify any amendment required under this section within the time specified in the framework, using any process in Schedule 6
d: make any consequential amendments to its plan needed to avoid duplication or inconsistency, but without using a process in Schedule 6
e: publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.
2: A plan is amended as from the date of the relevant public notice under subsection (1)(e).
3: For the purpose of subsection (1)(a), the national planning framework may specify how regional planning committees are to choose relevant provisions from the framework. 1991 No 69 s 58(4)–(6)
136: Regional planning committee must amend plan if plan rule duplicates or conflicts with framework rule
1: If a plan rule duplicates a framework rule or conflicts with a framework rule, the regional planning committee must amend the plan to remove the duplication or conflict.
2: A plan rule conflicts
a: both of the following apply:
i: the plan rule is more stringent than the framework rule; and
ii: the framework rule does not expressly say that a plan rule may be more stringent than the national planning framework rule; or
b: both the following apply:
i: the plan rule is more lenient than the framework rule; and
ii: the framework rule does not expressly say that a plan rule may be more lenient than the framework rule.
3: For the purpose of subsection (1), the regional planning committee must amend the plan—
a: without using a process in Schedule 6
b: in accordance with any specification in the framework; and
c: within any time frame specified in the framework or, if none is specified, as soon as practicable after the framework rule commences.
4: See also section 142 1991 No 69 s 44A
137: Regional planning committee may amend plan to refer to provision in framework
A regional planning committee may amend a plan to include a reference to a provision of the national planning framework—
a: without using a process in Schedule 6
b: after the date on which the provision commences. 1991 No 69 s 44A(6)
138: Regional planning committee or local authority must take action directed by framework
A regional planning committee or local authority must take any action that the national planning framework directs it to take. 1991 No 69 s 55(8)
139: Identification of appropriate consent authority and person responsible for enforcing framework rule
1: The national planning framework must, in relation to a framework rule, state—
a: who is the appropriate consent authority (whether a regional council or a territorial authority); and
b: who is responsible for enforcing the rule.
2: The national planning framework may state that responsibility for enforcing the framework rule lies with a regional council, a territorial authority, another NBE regulator, or any combination of them. 1991 No 69 s 44A(8)
6: Resource consents
140: How activities are categorised
1: In this Act, activities are categorised as follows: The following table is small in size and has 3 columns. Column 1 has no heading. Column 2 is headed Name of category. Column 3 is headed Description of activities. Category Description of activities 1 Permitted Activities that do not require a resource consent but may be subject to other requirements, including a requirement for a permitted activity notice. 2 Anticipated Activities that require a resource consent, which the consent authority may grant (with or without conditions) or decline only in accordance with the relevant provisions of the national planning framework or plan (whichever applies) and the limited discretion conferred by those provisions. 3 Discretionary Activities that require a resource consent, which the consent authority may grant (with or without conditions) or decline in accordance with the relevant provisions of the national planning framework or plan (whichever applies). 4 Prohibited No person is entitled to apply for a resource consent for the activity, and no consent authority has power to grant a consent for the activity.
2: An activity categorised as a permitted, anticipated, or discretionary activity must be carried out in accordance with the applicable requirements of this Act, the national planning framework, regulations made under a relevant empowering provision in this Act other than the national planning framework, and the relevant plan, including any permissions granted under this Act and any conditions imposed by or under this Act.
3: An activity categorised as a prohibited activity must not be carried out. 1991 No 69 s 87A
141: How to decide which activity category applies
1: This section applies to—
a: the responsible Minister when deciding which activity category applies to an activity in the national planning framework; and
b: the regional planning committee when deciding which activity category applies to an activity in a plan; and
c: the Minister responsible for aquaculture when making decisions under sections 793 794
2: An activity is a permitted activity
a: the activity is consistent with the relevant outcomes; and
b: the effects of the activity can be identified and are well understood; and
c: those effects can be avoided, minimised, remedied, offset, or compensated for with environmental compensation—
i: with or without requirements, standards, and criteria in the national planning framework or a plan; and
ii: without requiring bespoke consent conditions; and
d: the activity does not breach a relevant environmental limit.
3: An activity is a permitted section 143 222
4: An activity is a prohibited
a: the activity would breach a relevant environmental limit unless an exemption from the limit is directed under section 115
b: the activity is not consistent with relevant outcomes; or
c: the activity is of a kind described in section 224
5: An activity is an anticipated activity if the regional planning committee or the Minister is satisfied that—
a: the activity does not breach a relevant environmental limit and is consistent with relevant outcomes; and
b: the effects of the activity can be identified and are generally known; but
c: the activity needs to be assessed to consider whether consent conditions are required to avoid, minimise, remedy, offset, or provide environmental compensation for those effects.
6: An activity is a discretionary
a: it is unclear or unknown whether the activity will breach a relevant environmental limit, not achieve targets, or not be consistent with relevant outcomes; or
b: the activity is likely to breach a relevant environmental limit, not achieve targets, or not be consistent with relevant outcomes; or
c: the activity needs to be assessed to consider whether consent conditions are required to avoid, minimise, remedy, offset, or provide environmental compensation for any effects of the activity.
142: Consideration to be given to statutory acknowledgements
1: When considering the appropriate activity category for an activity in an area, a regional planning committee must have regard to any statutory acknowledgement, if the proposed activity—
a: is to be carried out in a statutory area or an area adjacent to it; or
b: may otherwise affect the statutory area.
2: If a framework rule provides that an activity described in subsection (1)(a) or (b) is a permitted activity, a regional planning committee—
a: must assess whether the activity category is appropriate in light of statutory acknowledgements in the region; and
b: may, despite sections 136(1) 159(1)(a)
i: provide that the activity has a more stringent activity category (than that in the framework rule); or
ii: impose more stringent requirements, standards, or criteria (than those in the framework rule) in relation to the activity.
143: Activities may be permitted with or without requirements
1: The national planning framework or a plan may—
a: provide that an activity is a permitted activity subject to compliance with requirements, standards, or criteria in the national planning framework or a plan or without being subject to any such requirements, standards, or criteria; or
b: require a person who intends to carry out a permitted activity to first obtain a permitted activity notice under section 362
c: if the written approval of a person or group is required, provide that the person or group are persons who may be adversely affected by a breach of a rule relating to the activity.
2: If the national planning framework or a plan provides that an aquaculture activity in an area requires a permitted activity notice, the framework or plan must require written approval to be obtained from any—
a: protected customary group in the area; and
b: customary marine title group whose customary marine title order or customary marine agreement includes a wāhi tapu condition in the area; and
c: applicant group (within the meaning of section 9(1)
144: Direction to review resource consents
1: The national planning framework may direct consent authorities to review any or all of the following or a specified class of one of the following as soon as practicable or within a specified time period:
a: land use consent:
b: coastal permit:
c: water permit:
d: discharge permit.
2: The national planning framework may direct consent authorities to review the conditions of a resource consent relating to duration in the circumstances described in any of section 337(8)(a) to (c) 1991 No 69 s 43A(1)(f)
145: Direction relating to conditions of resource consents
The national planning framework may include directions on conditions that may or must be imposed on resource consents or specified categories of consents, including conditions—
a: relating to the duration of consents; and
b: requiring specified categories of consents to have the same expiry date in specified circumstances. 1991 No 69 s 43A(2)(i)
146: National planning framework or plan may set or provide for consent authority to determine notification requirements
1: The national planning framework must, in relation to each activity that requires a resource consent,—
a: state the notification status of the activity or class of activity; or
b: provide for the plan to determine the notification status of the activity or class of activity; or
c: provide for the consent authority to determine, in accordance with the national planning framework or the plan, the notification status of the activity.
2: If the national planning framework requires limited notification in relation to an activity, it may do any 1 or more of the following:
a: specify who are affected persons or groups or classes of affected persons for the purposes of limited notification:
b: provide for the plan to determine who are affected persons or groups or classes of affected persons and any additional affected persons or groups or classes:
c: provide for the plan to include requirements or methods to determine who are affected persons:
d: provide for the consent authority to determine who are affected persons in accordance with any requirements or methods in the national planning framework or plan.
3: If the national planning framework provides for a plan or the consent authority to determine the notification status of an activity, it must include requirements or methods by which regional planning committees or consent authorities are to determine—
a: the notification status; and
b: the level of adverse effects anticipated in the framework or plan.
147: How decisions about notification of activities must be made in national planning framework
1: When determining for the purpose of section 146(1)(a)
a: consider—
i: whether there is adequate information to understand the extent to which the activity is consistent with relevant outcomes; and
ii: whether there is adequate information to understand the extent to which the activity complies or is likely to comply with relevant environmental limits; and
iii: whether the activity complies or is likely to comply with relevant environmental limits; and
iv: whether the effects of the activity can be identified and are well understood; and
v: whether there is adequate information to identify any affected persons ( see section 267
b: when considering whether it is appropriate to depart from a notification presumption set out in section 268 269
i: consider the preferred state of the future environment; and
ii: consider the purpose of notification ( see section 264
iii: apply the criteria subsection (2).
2: For the purpose of subsection (1)(b), the responsible Minister— Non-notification
a: may decide that it is appropriate to require the activity not to be notified if all of the following apply:
i: the activity is consistent with relevant outcomes; and
ii: the activity complies or is likely to comply with relevant environmental limits; and
iii: the effects of the activity can be identified and are well understood; and
iv: there are no affected persons ( see section 267 Limited notification
b: may decide that the activity requires limited notification, if 1 or more of the following apply:
i: the activity achieves or is likely to achieve relevant outcomes:
ii: the activity complies or is likely to comply with relevant environmental limits:
iii: the effects of the activity can be identified and are well understood:
iv: there are identifiable affected persons; or Public notification
c: may decide that the activity requires public notification if 1 or more of the following apply:
i: there is inadequate information to understand the extent to which the activity is or is likely to be consistent with relevant outcomes or complies with relevant environmental limits:
ii: the effects of the activity are not well understood:
iii: there is inadequate information to identify affected persons.
148: Consequences if framework rule states an activity is permitted
If a framework rule states that an activity is a permitted activity, the following provisions apply to plans:
a: a plan may state that the activity is a permitted activity on the terms or conditions specified in the national planning framework; and
b: the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the national planning framework; and
c: if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the national planning framework, the terms or conditions in the framework prevail. 1991 No 69 s 45A(5)
149: Activity with significant adverse effects on environment must not be permitted activity
If an activity has significant adverse effects on the environment, the national planning framework must not state that the activity is a permitted activity.
7: Other matters that national planning framework may provide for
150: Standards, methods, and requirements
1: The national planning framework may provide for standards, methods, or requirements in relation to—
a: the matters referred to in sections 21 to 26
b: noise.
2: The standards, methods, or requirements may, without limitation, include—
a: qualitative or quantitative standards:
b: methods, processes, or technology to implement standards:
c: exemptions from standards.
151: Specific matters that national planning framework may prescribe
The national planning framework may—
a: include framework outcomes and policies relating to how decision makers must recognise and provide for—
i: the protection of protected customary rights; and
ii: the exercise of those rights:
b: prescribe the form and content of resource consents, including categories of resource consents:
c: require records to be kept by holders of resource consents for any purpose under this Act:
d: require records to be kept by persons who take, use, dam, or divert water—
i: in accordance with a framework rule, a plan rule, or a permitted activity notice ( see section 25(4)(a)(i) to (iii)
ii: for the reasonable needs of their animals for drinking water ( see section 25(4)(b)(ii)
e: if requiring records to be kept by a person described in paragraph (c) or (d),—
i: require the records to be supplied to a person exercising or performing powers or functions under this Act or to the Director of Maritime New Zealand in the case of a coastal permit:
ii: prescribe the nature of the records, and the form, manner, and times in which the records must be kept or supplied:
f: provide measures for the purpose of excluding stock from water bodies, estuaries, coastal lakes and lagoons, and the margins of those water bodies, estuaries, and coastal lakes and lagoons, including measures that—
i: apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):
ii: apply generally in relation to water bodies, estuaries, coastal lakes and lagoons, and their margins or to specified kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:
iii: apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:
iv: prescribe technical requirements (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):
g: prescribe procedural and technical requirements for land that is used for an activity or industry listed in the HAIL.
152: National planning framework may provide for transitional provisions
The national planning framework may include transitional provisions for any matter, including its effect on existing matters or proceedings. 1991 No 69 s 45A
153: Monitoring and reporting by regional planning committees and local authorities
The national planning framework may give directions to regional planning committees or local authorities on monitoring and reporting on matters relevant to the framework. 1991 No 69 s 45A
154: Incorporation by reference
1: The national planning framework may incorporate material by reference in accordance with the Legislation Act 2019
a: the written material to which section 64(1)(c)
b: clause 1
i: the Minister makes the proposed material publicly available at the same time the NPF proposal undergoes public notification under clause 9
ii: after considering any comments made and having regard to the purpose of the Legislation Act 2019 clause 1(d)(i) to (iii)
2: To avoid doubt,—
a: section 66
b: clause 1
8: Directions on approaches and methods
Adaptive management approach
155: Adaptive management approach
1: The national planning framework may direct a plan to require an adaptive management approach be adopted or the use of an adaptive management approach in an activity if the responsible Minister is satisfied that—
a: there is likely to be a significant adverse change in the environment; but
b: the timing and the magnitude of that change are uncertain.
2: A direction under subsection (1) may set out—
a: criteria; and
b: particular kinds of approach; and
c: methodology.
3: A direction under subsection (1) that requires the use of an adaptive management approach in an activity—
a: must meet the requirements of section 295(2)(a), (c), and (d)
b: may include a requirement described in section 295(2)(b)
c: may include any provisions described in section 295(2)(e) and (f) Allocation method
156: Resource allocation principles
1: The resource allocation principles are as follows:
a: environmental sustainability:
b: efficiency:
c: equity.
2: The resource allocation principles apply only to the development of—
a: directions in the national planning framework in accordance with section 157 158
b: provisions in plans in accordance with section 194 196
157: Directions on allocation method
1: The national planning framework may give directions that—
a: provide further detail on the meaning of the resource allocation principles:
b: require or prohibit the use of a specified allocation method or specified range of allocation methods for a specified resource or in specified circumstances:
c: define a particular allocation method:
d: direct how a regional planning committee must have regard to the allocation principles when developing an allocation method in a plan:
e: require a regional planning committee to specify an allocation method or methods for a resource described in section 194(3)
f: specify other resources for which an allocation method is required or permitted by a plan:
g: specify any matter that a regional planning committee must consider or adopt when providing for any allocation method in a plan (for example, a direction on any plan outcome, policy, process, or method):
h: provide for the frequency and duration of the required time period in clause 3
i: set out criteria that decision makers must have regard to when determining the merits of affected applications under clause 11
2: The Minister must have particular regard to the resource allocation principles when developing a direction that relates primarily to the allocation of resources (for example, a direction under any of paragraphs (b) to (i) of subsection (1)).
158: Use of market-based allocation method to determine right to apply for resource consent for certain activities
1: The national planning framework may, subject to subsection (4), require or permit the use of a market-based allocation method to determine the allocation of a right to apply for a resource consent for an activity relating to—
a: the taking, diverting, or use of geothermal water or coastal water (other than open coastal water):
b: the capacity of freshwater to assimilate a discharge of a contaminant:
c: the capacity of geothermal water to assimilate a discharge of a contaminant:
d: the taking or use of heat or energy from water:
e: the taking or use of heat or energy from the material surrounding geothermal water:
f: the capacity of coastal water (including estuaries) to assimilate a discharge of a contaminant:
g: the capacity of air to assimilate a discharge of a contaminant:
h: a resource specified in the national planning framework as a resource for which an allocation method must or may be used.
2: The national planning framework may impose requirements relating to the use of a market-based allocation method and processes to be followed.
3: Before making a direction under subsection (1) or (2), the Minister must have particular regard to the resource allocation principles.
4: A market-based allocation method must not be used to determine the allocation of a right to apply for a resource consent for an activity relating to—
a: a resource that is not described in subsection (1); or
b: the taking, diverting, or use of freshwater.
5: The prohibition in subsection (4)(b) applies also to any allocation method that uses or is modified by a market-based allocation method.
6: To avoid doubt, subsection (4) does not affect the transfer of any resource consent under Part 6
9: How framework rule relates to other instruments
159: Framework rule prevails unless exceptions apply
Framework rule prevails over plan rule subject to exceptions
1: A framework rule prevails over a plan rule unless—
a: the plan rule is more stringent than the framework rule and the framework rule expressly says that a plan rule may be more stringent than it; or
b: the plan rule is more lenient than the framework rule and the framework rule expressly says that a plan rule may be more lenient than it. When plan rule more stringent
2: For the purpose of subsection (1)(a),—
a: a plan rule is more stringent
b: if a plan rule and a framework rule classify the same activity as permitted, the plan rule is more stringent When plan rule more lenient
3: For the purpose of subsection (1)(b),—
a: a plan rule is more lenient
b: if a plan rule and a framework rule classify the same activity as permitted, the plan rule is more lenient Certain consents and permits prevail over framework rule
4: A land use consent administered by a territorial authority or a subdivision consent prevails over a framework rule if it is issued before the date on which the framework rule commences.
5: A land use consent administered by a regional council, a coastal permit, a water permit, or a discharge permit—
a: prevails over a framework rule if it is issued before the date on which the framework rule commences; and
b: prevails over the framework rule until and to the extent that a review of the conditions of the permit or consent under section 337(1)(b) If framework rule requires resource consent for activity
6: If a framework rule requires a resource consent to be obtained for an activity, sections 30 to 34
7: See also section 142 1991 No 69 s 43B
160: Relationship between framework rule and water conservation orders
1: A water conservation order that is more stringent than a framework rule applying to water prevails over the framework rule.
2: A framework rule applying to water that is more stringent than a water conservation order prevails over the order. 1991 No 69 s 43C
161: Relationship between framework rules and bylaws
1: A bylaw that is more stringent than a framework rule prevails over the framework rule if the framework rule expressly says that a bylaw may be more stringent than it.
2: For the purposes of subsection (1), a bylaw is more stringent
3: A bylaw may be more lenient
4: For the purposes of subsection (3), a bylaw is more lenient
5: In this section, bylaw 1991 No 69 s 43E
162: Relationship between framework rules and designations
1: If a designation is made before a framework rule is made, work carried out under the designation is not required to comply with the framework rule until the earlier of the following occurs:
a: the designation lapses:
b: the designation is altered under section 536
2: If the conditions of the designation are altered as described in subsection (1)(b), the framework rule—
a: applies to the altered conditions; and
b: does not apply to the unaltered conditions.
3: A framework rule that is made before a designation is made prevails over the designation unless the national planning framework provides otherwise.
4: A use is not required to comply with a framework rule if—
a: the use was lawfully established by way of a designation that has lapsed; and
b: the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and
c: the framework rule is made—
i: after the designation was made; and
ii: before or after it lapses.
5: Work carried out under a designation is not required to comply with a framework rule if the work has come under the designation through the following sequence of events:
a: the work is made; and
b: the framework rule is made; and
c: the designation is made and applied to the work.
6: For the purposes of this section, a designation is made
a: when both of the following have occurred:
i: a primary CIP has been lodged under section 518(1)
ii: a secondary CIP has been lodged under section 518(3) section 518(4)
b: in the case of a designation to which clause 42 43 Resource Management Act 1991
7: In this section, conditions 1991 No 69 s 43D
10: Preparation, change, and review of national planning framework
163: Preparation, change, review, and publication of national planning framework
1: The national planning framework, and any changes to it, must be prepared in accordance with the applicable process set out in Schedule 5
2: The national planning framework must be reviewed in accordance with Part 3
3: The national planning framework must be published in accordance with clause 33
4: Clauses 34 to 37
164: Responsible Minister
1: This section applies for the purpose of the preparation, change, or review of the national planning framework.
2: The Minister for the Environment—
a: is the responsible Minister in relation to any provision that applies to both—
i: the coastal marine area; and
ii: an area outside the coastal marine area; and
b: must consult the Minister of Conservation before exercising or performing a power or function conferred by this Part or Schedule 5
3: The Minister for the Environment is the responsible Minister in relation to any provision that applies only to an area outside the coastal marine area.
4: The Minister of Conservation—
a: is the responsible Minister in relation to any provision that applies only to a coastal marine area; and
b: must consult the Minister for the Environment before exercising or performing a power or function conferred by this Part or Schedule 5
5: Natural and built environment plans
1: Preliminary matters
Purpose and scope of plans
165: Natural and built environment plans
1: There must at all times be a natural and built environment plan (a plan
2: In the case of the Nelson and Tasman unitary authorities, there must be 1 plan that applies to both the region over which the Nelson City Council has control and the region over which the Tasman District Council has control (together the Nelson and Tasman unitary authorities
3: This Act applies to those regions as if they were a combined region.
166: Purpose and scope of plans
1: The purpose of a plan is to achieve the purpose of this Act by providing for the integrated management of the natural and built environment in the region that the plan relates to.
2: A plan must—
a: give effect in the region to the national planning framework, as directed by that framework; and
b: provide for the needs of the communities of the region; and
c: be consistent with the relevant regional spatial strategy.
3: Subsection (2)(c) applies unless any of the following apply:
a: new information becomes available that supersedes the information used to determine the content of the regional spatial strategy:
b: there is a significant change in circumstances or in the physical environment since the regional spatial strategy was adopted (for example, a major environmental or economic event):
c: the plan would conflict with the achievement of the limits and mandatory targets set by or under the national planning framework:
d: the Environment Court has made a direction under section 208(1)(a)
e: a place of national importance has been identified. 1991 No 69 s 63
167: Regional planning committee rules
1: A regional planning committee may make rules in plans in accordance with this Part.
2: Rules made under this section are 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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
168: How plans are prepared, notified, and made
1: The plan for a region, and any changes to it, must be made—
a: by that region’s planning committee; and
b: using the process set out in Schedule 6
2: In the case of the joint plan for the Nelson and Tasman unitary authorities, the single regional planning committee appointed for the combined regions has responsibility for making a plan for the 2 unitary authorities.
169: Regional planning committees to be appointed
1: A regional planning committee must be appointed for each region as a statutory body that is a committee of all the local authorities in the region, in accordance with Schedule 7
2: However, in the case of the Nelson and Tasman unitary authorities, 1 regional planning committee must be appointed to carry out the obligations of a planning committee under this Act and under the Spatial Planning Act 2023
3: A regional planning committee must, in performing or exercising its functions, duties, and powers under this Act and under the Spatial Planning Act 2023
4: A regional planning committee has separate legal standing from its constituent authorities and organisations for the purpose of commencing, or being a party to, or being heard in, legal proceedings.
5: Once established, a regional planning committee must not be disestablished, except by an Act.
6: Provisions on the membership, support, and operations of a regional planning committee are set out in section 48 Schedule 7
170: Schedules 6 and 7 apply
1: Schedule 6
2: Schedule 7
3: In the case of the Nelson and Tasman unitary authorities, Schedules 6 7
2: Content of plans
171: What plans must include
1: Every plan must have, as its strategic content, strategic outcomes and policies which—
a: identify the issues of importance to a region or to one of its constituent districts; and
b: deal with the matters necessary to ensure consistency with the relevant regional spatial strategy; and
c: give effect to the national planning framework and indicate how environmental limits and targets are to be achieved.
2: The strategic content of a plan, however, must not include rules or methods.
3: A plan must—
a: enable the resources of the natural and built environment to be managed; and
b: enable the effects of using and developing the natural and built environment to be managed; and
c: specify how environmental limits and targets are to be achieved; and
d: provide for system outcomes, subject to any direction given in the national planning framework; and
e: assist in resolving conflicts in accordance with any direction provided in the national planning framework; and
f: include processes to deal with cross-boundary issues between or among adjacent regions or parts of regions, including the extent to which the plan must have regard to regional spatial strategies and plans of adjacent regions or parts of regions; and
g: provide for how to protect, use, or develop, as a priority, land, the coastal marine area, or any other natural resources in the region; and
h: give effect to any water conservation order applying to a water body within the region to which the plan applies; and
i: provide for the integration of infrastructure with land use; and
j: describe the preferred state of the future environment in the region.
4: The contents of a plan as described in subsection (3) may be made as outcomes, policies, rules, or other methods. 1991 No 69 ss 62 67 75
172: General: matters within the responsibility of regional councils or territorial authorities
1: A plan must provide plan outcomes, policies, rules, and other methods that enable a local authority to fulfil the functions for which it is responsible under sections 50 52
2: The matters required in a plan must be included in a way that enables each relevant local authority to fulfil its functions in respect of the matters relevant to those local authorities ( see sections 50 52 1991 No 69 s 30(1)(a)–(gb)
173: What plans may include
1: A plan may include plan outcomes and policies, rules, and methods that—
a: enable a local authority to respond to, or contribute to, the immediate or long-term recovery from an emergency event:
b: apply an adaptive management approach in accordance with section 179
c: prescribe aquaculture areas in accordance with section 184
d: require environmental contributions to be taken in accordance with section 181
e: control the effects of fishing in the coastal marine area (but see section 192(11) and (12)
f: any other matters desirable for the plan to achieve its purpose.
2: A plan may also—
a: specify a non-regulatory method for achieving plan outcomes and policies, provided the regional planning committee is satisfied that the local authority will fund and implement the method; and
b: specify that any part of the plan is, for administrative purposes, relevant to 1 or more particular local authorities in the region.
3: A regional planning committee may incorporate documents by reference in its plan, as provided for by Schedule 12
174: Requirements when preparing and changing plans
Matters to which regional planning committee must have particular regard
1: In addition to the requirements for plans under sections 171 172 173
a: a statement of community outcomes prepared by a territorial authority or unitary authority ( see section 51
b: a statement of regional environmental outcomes prepared by a regional council or unitary authority ( see section 49
c: any planning document recognised by an iwi authority or groups that represent hapū; and
d: any statement prepared by an iwi authority or groups that represent hapū in a region to express their view on how te Oranga o te Taiao can be upheld at the regional and local levels. Matters to which committee must have regard
2: When a regional planning committee is preparing or changing a plan, it must have regard to—
a: relevant entries on the New Zealand Heritage List/ Rārangi Kōrero made under the Heritage New Zealand Pouhere Taonga Act 2014
b: the extent to which a plan under this Act must be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
c: the national adaptation plan and emissions reduction plans made under the Climate Change Response Act 2002
d: any management plans or strategies prepared under other Acts; and
e: the Crown’s interests in the coastal marine area; and
f: if section 98
g: any legislation made to ensure sustainability or the conservation or management of fisheries resources (including secondary legislation relating to taiāpure, mahinga mātaitai, or other non-commercial Māori customary fishing).
3: Subsections (1) and (2) apply only as far as the matters set out in those provisions have a bearing on the natural and built environment issues in the region.
175: Matters that must be disregarded when preparing or changing plans
In preparing or changing a plan, a regional planning committee must disregard the following:
a: trade competition and the effects of trade competition ( see sections 214 to 218
b: any effect of an activity on scenic views from private properties; and
c: the visibility of commercial signage or advertising being obscured as an effect of an activity; and
d: any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
i: the social or economic characteristics of residents; or
ii: types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
iii: residents requiring support or supervision in their housing because of their legal status or disabilities.
176: How plans must provide for activity categories
Sections 140 to 143
177: How decisions about notification of activities must be made for plans
1: If the national planning framework gives any direction on notification of an activity or class of activity that requires a resource consent, a regional planning committee must give effect to that direction in the plan.
2: When determining the notification status of an activity or a class of activity in a plan, the regional planning committee must (subject to subsection (2))—
a: consider the matters in section 147(1)(a)
b: when considering whether it is appropriate to depart from a notification presumption set out in section 268 269
i: consider the preferred state of the future environment in light of information it considers relevant in the plan, the regional spatial strategy, the national planning framework, or any combination of those documents; and
ii: consider the purpose of notification ( see section 264
iii: comply with section 147(2)
178: How plan must set out notification requirements
1: A plan must, in relation to each activity that requires a resource consent,—
a: state the notification status of the activity; or
b: provide for the consent authority to determine, in accordance with the national planning framework or the plan, the notification status of the activity; and
c: state the level of the adverse effects anticipated in the framework or plan.
2: If a plan requires limited notification in relation to an activity, it may do any 1 or more of the following:
a: specify who are affected persons or groups or classes of affected persons for the purposes of limited notification:
b: provide for the consent authority to determine who are affected persons in accordance with any requirements or methods in the national planning framework or plan.
3: This section applies to a regional planning committee subject to any direction in the national planning framework on notification in relation to an activity or a class of activity that requires a resource consent ( see section 177(1)
179: Adaptive management approach in plan
1: A plan may direct an adaptive management approach to be adopted or the use of adaptive management for an activity if the Minister is satisfied that—
a: there is likely to be a significant change in the environment; and
b: the timing and the magnitude of that change are uncertain.
2: A direction in a plan to use an adaptive management approach—
a: must meet the requirements of section 296(2)(a), (c), and (d)
b: may include provisions described in section 296(2)(b), (e), and (f) Statutory acknowledgements
180: Statutory acknowledgements to be attached to plans
1: Every statutory acknowledgement that applies in a region must be attached to, and treated as part of, the plan for that region.
2: The provisions of the legislation that provides for a statutory acknowledgement apply.
3: A statutory acknowledgement is not subject to the processes of review or change that apply under this Act for the preparation of a plan. Environmental contributions
181: Specific requirements relating to environmental contributions
1: A regional planning committee may make rules requiring an environmental contribution for any class of activity other than a prohibited activity.
2: A rule requiring an environmental contribution must specify—
a: the purpose for which a contribution is required, which may include—
i: ensuring that positive outcomes as well as positive effects on the environment are achieved:
ii: making available a mechanism to minimise or offset adverse effects:
iii: providing an incentive for good environmental design and practice to be adopted:
iv: requiring a contribution on account of the increased cost of providing infrastructure to support development in greenfield land; and
b: the outcomes in the plan that the contribution supports or contributes to; and
c: how the amount of the contribution is to be determined; and
d: when the contribution will be required; and
e: the local authority with responsibility for administering the rule and to which the contribution is to be applied.
3: Rules relating to contributions—
a: may be applied differently in different districts of a region; and
b: may specify when a local authority may rebate a contribution; and
c: if a rebate of an environmental contribution is available, must specify—
i: the measures that must be undertaken to achieve good environmental practice in the context of a particular activity; and
ii: how a rebate is to be calculated, including what percentage of the total contribution may be reimbursed.
4: In making a rule for a region that will require contributions, a regional planning committee must—
a: have particular regard to any relevant environmental contribution policy summarised in accordance with section 106(2)(f)
b: consult all the local authorities within the region about any rules it proposes relating to the imposition of contributions. 1991 No 69 s 77E s 106(2)(f) Charges for coastal occupation
182: Coastal occupation charges
1: A regional planning committee must consider whether a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included in a plan (if it is not already included).
2: For the purpose of subsection (1), a regional planning committee must have regard to—
a: the extent to which public benefits from the coastal marine area are lost or gained; and
b: the extent to which private benefit is obtained from the occupation of the coastal marine area.
3: If the regional planning committee considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the plan.
4: If the regional planning committee considers that a coastal occupation charging regime should be included, the planning committee must specify in the plan—
a: the circumstances when a coastal occupation charge will be imposed; and
b: the circumstances when the regional planning committee will consider waiving (in whole or in part) a coastal occupation charge; and
c: the level of charges to be paid or the manner in which the charge will be determined; and
d: in accordance with subsection (7), the way the money received will be used.
5: No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the plan.
6: A coastal occupation charge must not be imposed on—
a: a protected customary rights group exercising a protected customary right; or
b: a customary marine title group in relation to a customary marine title area.
7: Any money collected by the regional council from a coastal occupation charge must be used only for the purpose of this Act as it applies to the coastal marine area. 1991 No 69 s 64A Aquaculture activities
183: Permitted aquaculture activities to be registered with consent authority
1: To ensure that an NBEA permission right will apply, a plan must require all aquaculture activities that are permitted activities to be registered with the relevant consent authority through a permitted activity notice.
2: In this section, NBEA permission right section 66
184: Aquaculture areas
1: A plan may prescribe aquaculture areas, including for the purposes of—
a: providing for, and managing, aquaculture activities in an aquaculture settlement area gazetted under the Māori Commercial Aquaculture Claims Settlement Act 2004
b: enabling requests to be made for aquaculture area decisions under section 491(1)
2: A plan that includes an aquaculture area may include rules under section 189
3: A plan that contains aquaculture areas must—
a: specify the geographic boundaries of each aquaculture area, using geographic coordinates; and
b: ensure that no application (other than under an authorisation) can be made for a coastal permit to occupy space in an aquaculture area before a date to be specified in a public notice; and
c: ensure that an aquaculture area is used principally for aquaculture activities; and
d: prohibit any applications for coastal permits for aquaculture activities in parts of an aquaculture area where the chief executive of the ministry responsible for the administration of the Fisheries Act 1996 Protection of customary marine title areas
185: Amendments to plan that affect customary marine title area
1: This section applies to a regional planning committee each time there is a proposed plan, or a change, variation, or review of the plan that applies to a customary marine title area.
2: The regional planning committee must initiate the process required by section 93(7)
a: recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and
b: have particular regard to any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.
3: In this section, planning document section 85
3: Rules in plans
186: Purpose and effect of rules
1: The purpose of including rules in a plan is to enable a local authority—
a: to carry out its functions under this Act; and
b: to provide for the implementation of directions given by or under the national planning framework; and
c: to enable the outcomes and policies specified in the plan to be achieved. Regulatory function of rules
2: Rules have the force and effect of regulations, but if a rule is inconsistent with a regulation made under a relevant empowering provision in this Act other than the national planning framework, the regulation prevails. Application of rules
3: A rule may—
a: apply through the whole of a region or district or a part only:
b: make different provision for different parts of the region or for different classes of effects arising from an activity:
c: apply all of the time or for stated periods or seasons:
d: be specific or general in its application. Administration of rules
4: A plan must, in relation to a rule, assign responsibility for administering that rule to the regional council or to 1 or more territorial authorities, as appropriate.
5: Subsection (4) does not apply in a region whose plan is administered by a unitary authority. Rules for different categories of activity
6: As provided for in subpart 6 see section 141
a: identify activities as—
i: permitted; or
ii: anticipated; or
iii: discretionary; or
iv: prohibited:
b: apply to 1 or more than 1 category of activity.
7: Rules made to restrict or control the effects of fishing for the purposes of this Act must not prevent customary non-commercial fishing provided for in regulations made under any of sections 186, 297, or 298 of the Fisheries Act 1996 section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Rules for protection of property
8: Rules may be made to protect other property from the effects of surface water, and may require persons undertaking the work to achieve performance criteria additional to, or more restrictive than, those specified in the building code.
9: In subsection (8), building code other property section 7(1) of the Building Act 2004 When control must be reserved
10: In relation to activities classified as anticipated activities, the rules must specify the matters over which the local authorities reserve control in relation to an activity. 1991 No 69 ss 68(1), (2), (2A), (5)(a)–(d) 77A 77B(2)
187: Rules about discharges
1: A regional planning committee must be satisfied that the requirement described in subsection (2) can be met before it includes in a plan a rule that allows as a permitted activity—
a: a discharge of a contaminant or water into water; or
b: a discharge of a contaminant onto or into land in circumstances that may result in—
i: that contaminant entering water; or
ii: any other contaminant, released as a result of natural processes from that contaminant, entering water.
2: The requirement is that none of the following effects is likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants):
a: conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
b: a conspicuous change in the colour or visual clarity:
c: an emission of objectionable odour:
d: freshwater made unsuitable for farm animals to drink:
e: significant adverse effects on aquatic life.
3: Before a regional planning committee includes in a plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the planning committee—
a: must be satisfied that including that rule is the most efficient and effective means of preventing or minimising that adverse effect on the environment; and
b: must have had regard to—
i: the nature of the discharge and the receiving environment; and
ii: other alternatives, including a rule requiring the observance of minimum standards of quality of the environment. 1991 No 69 s 70
188: Activities affecting relationship of customary marine title group with their customary marine title area
1: A regional planning committee must undertake an assessment of activities to identify activities that will have, or are likely to have, more than a minor adverse effect on the relationship of a customary marine title group to their customary marine title area.
2: A rule in the plan must provide that an activity identified under subsection (1), if carried out within a customary marine title area,—
a: is an activity that requires a resource consent; or
b: is a permitted activity that requires a permitted activity notice (unless it is an accommodated activity), so that an NBEA permission right applies ( see sections 66 to 70
3: Subsection (2) does not limit any other conditions or requirements specified in the national planning framework or plan that apply to a permitted activity.
4: When developing rules under this section, a regional planning committee must engage with customary marine title groups within the region and have regard to their views.
5: Each time a plan is proposed to be changed in relation to an area that includes the common marine and coastal area, the regional planning committee must follow the process in subsection (1).
189: Rules relating to aquaculture areas
1: A plan may include rules that apply to an aquaculture area ( aquaculture area rules
2: Aquaculture area rules in a plan may provide for the management of aquaculture activities, or a specified class of those activities, or aquaculture-related resources in an aquaculture area.
3: An aquaculture area rule may be subject to an aquaculture area decision by the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 See section 186JF(3)
190: Rules relating to contaminated land
1: Rules may be included in a plan to exempt an area or a class of contaminated land from the rule.
2: However, the rule must—
a: state how the significant adverse effects on the environment of the contaminant that contaminated the land are to be remedied or mitigated; or
b: state how the reasonably likely significant adverse effects on the environment of the contaminant are to be avoided; or
c: treat the land as not contaminated for purposes stated in the rule. 1991 No 69 s 76(5)
191: Rules relating to esplanade reserves
1: For allotments of less than 4 hectares created by the subdivision of land, a rule may provide that—
a: the required esplanade reserve must be of a width greater or less than 20 metres:
b: an esplanade strip of the width specified in the rule may be created under clauses 4 5
c: section 611
2: For allotments of 4 hectares or more created by the subdivision of land, a rule may provide that an esplanade reserve or esplanade strip of a specified width must be created or set aside under section 611(3)
3: A rule may provide—
a: that esplanade reserves required under section 345(3)
b: that section 345(3)
4: Rules made under this section—
a: must provide for matters appropriate to the circumstances of the region or district where the rule is to apply; and
b: may apply generally, in a particular locality, or in particular circumstances. 1991 No 69 s 77 Limitations applying to certain rules
192: Limitations applying to rules relating to coastal marine area and coastal water
Rules relating to coastal marine area and coastal waters
1: A plan rule that applies to the coastal marine area must not identify any of the following as permitted activities to which section 27
a: the dumping of waste or other matter from a ship, an aircraft, or an offshore installation in the coastal marine area:
b: the dumping of a ship, an aircraft, or an installation in the coastal marine area:
c: the incineration of waste or other matter in a marine incineration facility in the coastal marine area.
2: Subject to subsection (1), subsection (9) and section 187(3)
3: Plan rules must not provide for aquaculture activities as permitted activities in the coastal marine area if the activity would occupy space that is not the subject of a coastal permit authorising aquaculture activities at the time when the plan is being developed. Rules relating to water quality
4: Schedule 8
5: Subsections (6) to (8) apply if a regional planning committee—
a: provides in a plan that certain waters must be managed for any purpose described in respect of any of the classes of water specified in Schedule 8
b: includes rules in the plan about the quality of water in those waters.
6: The rules must provide that the standards specified in Schedule 8
7: However, if a regional planning committee considers that the standards are not adequate or appropriate to those waters, the rules may state standards that are more stringent or specific.
8: If a regional planning committee provides in a plan that certain waters in the coastal marine area are to be managed for a purpose for which the classes specified in Schedule 8
9: Standards must not be set that would, or may, result in a reduction in the quality of coastal water at the time when a proposed plan is notified, unless it is in accordance with the purpose of this Act to do so.
10: Subsection (9) is subject to the need to allow for reasonable mixing of a discharged contaminant or water in the coastal marine area ( see section 292(2) Rules relating to fisheries resources in coastal marine area
11: Despite section 173(1)(e) Fisheries Act 1996
12: Despite section 173(1)(e) Fisheries Act 1996 1991 No 69 ss 68(4), (7)–(10) 68A(1) 69(1), (2)
193: Rules relating to water and air
1: Subsection (2) applies if a plan includes a rule relating to any of the following:
a: maximum or minimum levels, flows, or rates of use of water:
b: minimum standards of water quality or air quality:
c: ranges of temperature or pressure of geothermal water.
2: If a plan includes a rule described in subsection (1), the plan may also state—
a: whether the rule affects existing resource consents for activities that contravene the rule or require new conditions ( see section 339
b: that the holder of a resource consent may comply with the terms of the rule in stages or over specified periods of time. Allocation methods
194: Rules relating to allocation methods for certain resources
1: A plan must include rules that require 1 or more allocation methods to be used for the following (to the extent they are available in the region):
a: the taking, diverting, or use of freshwater:
b: the capacity of freshwater to assimilate a discharge of nitrogen:
c: a resource specified in the national planning framework as a resource for which an allocation method must be used.
2: A regional planning committee must, when developing rules under subsection (1), have particular regard to the resource allocation principles.
3: A plan may include rules that require 1 or more allocation methods to be used for any of the following:
a: the taking, diverting, or use of—
i: geothermal water; or
ii: coastal water (other than open coastal water):
b: the taking or use of heat or energy from water:
c: the capacity of air to assimilate a discharge of a contaminant (other than greenhouse gases):
d: the capacity of coastal and geothermal water (including estuaries) to assimilate a discharge of a contaminant:
e: the taking or use of heat or energy from the material surrounding geothermal water:
f: the capacity of freshwater to assimilate discharge of any contaminant other than nitrogen:
g: a resource specified in the national planning framework as a resource for which an allocation method may be used.
4: When considering the comparative consenting process or a market-based allocation method as an allocation method for a resource described in subsection (3), the regional planning committee must have particular regard to the resource allocation principles.
5: A rule made under subsection (1) or (3) that provides for the allocation of resources is subject to the following:
a: the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and
b: nothing in paragraph (a) affects section 193(1) and (2)
c: the rule may allocate the resource in anticipation of the expiry of existing consents; and
d: in allocating the resource in anticipation of the expiry of existing consents, the rule may—
i: allocate all of the resource used for an activity to the same type of activity; or
ii: allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and
e: the rule may allocate the resource among competing types of activities; and
f: the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 25(4)(a) to (c)
195: Rules may specify applications to be dealt with under comparative consenting process
1: This section applies only to resources described in section 194
2: A plan may include rules that—
a: specify the kind of resource consent application that must be processed, heard, and determined by a consent authority in accordance with the comparative consenting process:
b: specify the kind of resource consent application that must not be processed, heard, and determined by a consent authority in accordance with that process.
196: How plan may require use of market-based allocation method
1: If the national planning framework is silent on the use of a market-based allocation method to determine the right to apply for a resource consent relating to the activities described in section 158(1)
a: require the use of a market-based allocation method to determine the allocation of the right to apply for that resource consent:
b: impose requirements relating to the use of the market-based allocation method and processes to be followed:
c: require a person to hold a right to apply before lodging an application for a resource consent under a rule:
d: contain rules that prohibit the lodging of applications for a resource consent by persons who do not hold a right to apply.
2: A regional planning committee must have particular regard to the allocation principles before developing any provision for the purpose of subsection (1).
3: A market-based allocation method must not be used to determine the allocation of a right to apply for a resource consent—
a: for an activity that is not described in section 158(1)
b: for taking, diverting, or using freshwater.
4: The prohibition in subsection (3)(b) applies also to any allocation method that uses or is modified by a market-based allocation method.
5: To avoid doubt, subsection (4) does not affect the transfer of any resource consent under Part 6
197: Rule may allow receipt of certain applications outside required time frame in certain circumstances
1: A plan may include rules that enable a consent authority to—
a: receive resource consent applications under the comparative application consenting process (under Part 1 clause 3
b: receive resource consent applications before a local authority conducts a market-based allocation method under a plan rule.
2: A consent authority that receives an application under a rule described in subsection (1)(a) must hold the application without processing it until the next required time period determined under clause 3
3: A consent authority that receives an application under a rule described in subsection (1)(b) must hold the application without processing it until the next market-based allocation method to determine the allocation of a right to apply for a resource consent.
4: In this section, required time period Legal effect of rules
198: When rules have legal effect
General rule that applies
1: A rule in a proposed plan has legal effect only when a decision is made on submissions relating to the rule and publicly notified under clause 60 128
2: However, subsection (1) does not apply if—
a: the rule is given immediate legal effect under any of the circumstances described in subsection (4); or
b: the Environment Court makes an order under section 201
c: the regional planning committee resolves that the rule has legal effect when the proposed plan becomes operative in accordance with clause 44
3: Subsection (2)(c) applies only if—
a: the regional planning committee makes the decision before notifying the proposed plan under clause 34 49
b: the decision is included with the notification given of the plan; and
c: the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 200 Rules with immediate legal effect
4: A rule in a proposed plan has immediate legal effect if the rule—
a: protects, or relates to, water, air, or soil (for soil conservation):
b: protects areas of significant indigenous vegetation:
c: protects areas of significant habitats of indigenous animals:
d: protects cultural heritage:
e: protects significant individual trees, or groups of trees, that are expressly identified in the plan:
f: provides for, or relates to, aquaculture activities:
g: identifies—
i: a place of national importance:
ii: a highly vulnerable biodiversity area.
5: In this section,— immediate legal effect clause 34 49 rescinded 1991 No 69 s 86B
199: Rules that have early or delayed legal effect
1: A regional planning committee must identify any rules in a proposed plan that have legal effect from a date other than the date that would apply under section 198(1)
2: That information must be clearly identified—
a: at the time the proposed plan is notified under clause 34 49
b: as soon as practicable after the date is determined, if the rule is the subject of an application under section 201
3: A rule that subsection (1) applies to—
a: does not form part of the proposed plan; and
b: may be removed from the proposed plan by the relevant regional planning committee without further authorisation than this subsection once the plan becomes operative in accordance with clause 44 1991 No 69 s 86E
200: When rule has legal effect if resolution to delay rescinded
1: This section applies to a rule in respect of which a relevant regional planning committee has made a resolution as described in section 198(2)(c)
2: The rule has legal effect from the later of—
a: the day after the date on which the regional planning committee gives public notice that the resolution in relation to the rule is rescinded; and
b: the day on which a decision on submissions relating to the rule is made and publicly notified under clause 60 128 1991 No 69 s 86C
201: Environment Court may provide for legal effect of rule
1: A regional planning committee may apply to the Environment Court for an order that provides for a rule in a proposed plan to have legal effect from a date other than the date identified in the committee’s decision publicly notified on the recommendations under clause 34 49
2: An order, if granted, must specify the date from which the rule is to have legal effect, which must be not earlier than the date of the court order.
3: This section does not apply to a rule that section 198(4) 1991 No 69 s 86D Operative effect of rules
202: When rules to be treated as operative
1: A rule in a proposed plan must be treated as operative if the time for making submissions or lodging appeals on the rule has expired and—
a: no submissions opposing the rule have been made or appeals have been lodged; or
b: all opposing submissions have been withdrawn; or
c: any appeals have been determined, withdrawn, or dismissed.
2: A previous rule that is replaced is to be treated as no longer operative on and after the day on which the replacement rule takes legal effect. 1991 No 69 s 86F
203: Rule does not include rule not operative or without legal effect
Unless otherwise expressly provided by this Act, a reference to a rule in this Act or in regulations, including the national planning framework, made under a relevant empowering provision in this Act does not include a reference to a rule that has not—
a: taken legal effect in accordance with section 198
b: become operative under section 202 1991 No 69 s 86G
4: Miscellaneous matters relevant to the making and implementation of plans
Protected customary rights
204: Rules adversely affecting protected customary rights groups
1: A plan must not contain a rule that describes an activity as permitted if the activity will, or is likely to, have a more than minor adverse effect on the exercise of a protected customary right.
2: If a protected customary rights group considers that a plan rule does not comply with subsection (1), the group may—
a: make a submission to the relevant regional planning committee under clause 36
b: request a change under clause 67
c: apply to the Environment Court under clause 49
3: In determining whether the rule in question complies with subsection (1), the regional planning committee or the court, as the case may be, must consider the following matters:
a: the effects of the proposed activity on the exercise of the protected customary right; and
b: the area that the proposed activity would have in common with the area to which the protected customary right applies; and
c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and
d: the degree to which the exercise of the protected customary right must be carried out to the exclusion of other activities; and
e: whether the protected customary right can be exercised only in a particular area. 1991 No 69 ss 85A 85B
205: Rules relating to wāhi tapu conditions
1: A rule must not describe an activity as permitted if the activity would, or would be likely to, be contrary to any wāhi tapu conditions in a customary marine title order or customary marine title agreement.
2: A rule that describes an activity in the common coastal marine area as permitted must—
a: require compliance with any wāhi tapu conditions in a customary marine title order or agreement that comes into effect after the rule is made operative; and
b: contain standards for measuring compliance with those conditions. Controls over land
206: Land subject to controls
1: An interest in land must be treated as not being taken or injuriously affected because of a provision in a plan, unless the contrary is expressly provided for in this Act.
2: If a person with an interest in land considers that a provision in a plan or proposed plan applying to that person’s interest makes, or would make, the interest in the land incapable of reasonable use, that person may challenge the provision or proposed provision.
3: The person may do so by—
a: making a submission under Schedule 6
b: applying directly to the Environment Court to change the plan under clause 67
4: A reference in this section and section 207
5: In this section and section 207 reasonable use 1991 No 69 s 85(1), (2), (6)
207: Jurisdiction of Environment Court over land subject to controls
1: This section applies if—
a: an application is made to the Environment Court to change a plan under clause 67
b: an appeal is made to that court concerning a provision in a proposed plan or a change to a plan.
2: The grounds that the applicant or appellant must satisfy are that the provision or proposed provision of a plan—
a: makes the relevant land incapable of reasonable use; and
b: places an unfair and unreasonable burden on any person with an interest in that land.
3: In determining whether the grounds set out in subsection (2) are satisfied, the court may assess and take into account the risk (if any) identified as relevant to the land in question, including the likelihood of the risk increasing over time.
4: Section 208 1991 No 69 s 85(3), (3B)
208: Court’s determination
1: In determining an application or an appeal referred to in section 207(1)
a: to modify, delete, or replace the provision in the plan or proposed plan in the manner that the court directs; or
b: to notify the relevant local authority that it is required to offer to acquire all or part of the estate or interest in the land under the Public Works Act 1981
2: The regional planning committee must notify the relevant local authority when it receives direction from the court under subsection (1).
3: Before the court gives a direction under subsection (1), it must have regard to Part 2 section 21(2) section 206(1)
4: The court must not give a direction under subsection (1)(b) unless—
a: the person with the estate or interest in the land concerned or part of it (or that person’s spouse, civil union partner, or de facto partner) had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or included in the relevant plan or proposed plan; and
b: the provision or proposed provision remained in substantially the same form.
5: If an offer to acquire the relevant estate or interest in the land or part of it—
a: is accepted, the local authority is responsible for implementing the acquisition under the Public Works Act 1981
b: is not accepted, the provision in the plan remains in force unaffected or, if not already in force, comes into force without modification.
6: A direction given under subsection (1) has effect as if it were given under clause 137
7: This section does not limit the powers of the Environment Court. 1991 No 69 s 85(3A), (3D), (4), (5)
209: Power to acquire land
1: A local authority may, by agreement made under the Public Works Act 1981
a: to terminate or prevent a prohibited activity in relation to the land:
b: to facilitate activity in relation to the land that is in accordance with the outcomes and policies specified in the plan.
2: A plan must not oblige a local authority to acquire land, except as provided in section 208(1)(b) 539
3: A person whose estate or interest in land is taken for a purpose authorised by subsection (1) is entitled to the compensation that the person would have been entitled to if the land had been acquired for a public work under the Public Works Act 1981 1991 No 69 s 86
210: Boundary adjustments
1: If the boundaries of a region or of a district are changed so that any part of the region or district is administered by a different local authority,—
a: the plan or proposed plan that applied in the area before the change to the boundaries continues to apply to the area and is to be treated as part of the plan or proposed plan of the different local authority; and
b: any activity that was, before the change, undertaken under section 202
2: If the boundaries of a district are changed to include, within the district, an area that was not previously within the boundaries of another district, the land must not be used—
a: unless the use is expressly allowed by a resource consent; or
b: until the plan provides that the land may be used as proposed.
3: If the boundaries of a district are changed, the relevant territorial authority must, as soon as practicable (but not later than 2 years after the change comes into effect), request the relevant planning committee to change the plan as the committee considers necessary, and to apply the plan to the area that is administered by that territorial authority. 1991 No 69 s 81 Obligations on local authorities
211: Plan must be updated to reflect changes to aquaculture settlement area
If a notice issued under section 12
a: amend any aquaculture settlement area shown on the plan to reflect any new aquaculture settlement areas, or changes to existing areas, made by the notice; and
b: make the amendment as soon as practicable after the notice is issued; and
c: make the amendment without using the process set out in Schedule 6
212: Presumption of validity
If a regional planning committee claims that a plan is operative, the plan—
a: must be treated as having been prepared and approved in accordance with Schedule 6
b: must not be challenged except by an application for an enforcement order under section 643(2) 1991 No 69 s 83
213: Duty of local authority to observe plans
1: While a plan is operative in a region or district, the local authority responsible for its implementation must comply with and, to the extent of its authority, enforce compliance with the plan.
2: A resource consent purporting to be granted under a plan, or a purported waiver from a plan, has no effect if it does not comply with subsection (1), unless that non-compliance is authorised by or under this Act. 1991 No 69 s 84
5: Trade competition
Trade competition not relevant consideration under this Act
214: Interpretation
In sections 215 to 218 person A person B person C
a: to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:
b: to be a party to a proceeding before the Environment Court that was lodged by person B under any of the provisions listed in section 217(2) 1991 No 69 s 308A
215: Restrictions on making submissions
1: Person A may make a submission about an application by person B if an effect of the proposed activity—
a: directly affects person A; and
b: adversely affects the environment; and
c: does not relate to trade competition or the effects of trade competition.
2: This subpart is contravened if the limits set for submissions in clause 70 Schedule 6 1991 No 69 s 308B
216: Restrictions on representation at appeals
1: Subsection (2) applies if person A wants to be a party under clauses 53 54
2: The ground for person A’s appeal is that person A has an interest in the proceedings greater than the interest that the general public has.
3: Person A may be a party to the appeal, but only if directly affected by an effect of the proposed activity that—
a: also adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition. 1991 No 69 s 308C
217: Restrictions on representation as party
1: This section applies if person A wants to be a party under clauses 53 54
2: The proceedings referred to in subsection (1) may be under any of the following provisions:
a: section 236
b: clause 84
c: section 482(10)(a)(ii)
d: sections 551 557
3: Person A may be a party to the proceeding if an effect of the proposed activity—
a: directly affects person A; and
b: adversely affects the environment; and
c: does not relate to trade competition or the effects of trade competition. 1991 No 69 s 308CA
218: Further prohibitions
When appealing, etc, prohibited
1: Person A must not bring an appeal, be a party to an appeal, or become a party to a proceeding referred to in section 217(2)
a: protecting person A from trade competition:
b: preventing or deterring person B from engaging in trade competition. Using surrogate prohibited
2: Person A must not, for the purposes of subsection (1), directly or indirectly help person C (a surrogate)—
a: bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B; or
b: be a party to a proceeding in the Environment Court that was lodged by person B under any of the provisions referred to in section 771(2) Surrogate must disclose status
3: Person C (a surrogate) must tell the court if—
a: person C appears before the court—
i: as the appellant, or as a party to an appeal against a decision under this Act in favour of person B; or
ii: as a party to a proceeding before the Environment Court lodged by person B under any of the provisions referred to in section 771(2)
b: person C has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A, for any of the purposes listed in subsection (1),—
i: to bring the appeal; or
ii: to be a party to the appeal; or
iii: to be a party to the proceeding. 1991 No 69 ss 308D 308E 308F
6: Resource consenting and proposals of national significance
1: Preliminary provisions
219: Consenting processes and proposals of national significance
1: In addition to the standard consenting process set out in this Part, the other consenting processes that this Act provides for are—
a: the comparative consenting process set out in Part 1
b: the fast-track consenting process set out in Part 2
2: Provisions relating to proposals of national significance are set out in Parts 3 to 5
a: an application for a resource consent or an application to change or cancel its conditions:
b: a notice of requirement for a designation or to alter a designation:
c: a proposed change to a plan or a variation to a proposed plan.
3: By way of explanation, Parts 3 to 5
a: call in a matter that is or is part of a proposal of national significance; and
b: refer that matter to a board of inquiry or the Environment Court for decision.
220: Types of resource consents
In this Act, resource consent
a: a land use consent section 21 24
b: a subdivision consent section 22
c: a coastal permit sections 23 25 26 27 28
d: a water permit section 25
e: a discharge permit section 26 1991 No 69 s 87
221: Activity categories
1: The national planning framework or a plan may specify the activity category that applies to an activity carried out under this Act.
2: A description of those activity categories (permitted, anticipated, discretionary, and prohibited) is set out in section 140
3: Sections 140 to 143
4: This section is by way of explanation only.
222: Consent authority may permit activity by waiving compliance with certain requirements, conditions, or permissions
1: An activity is a permitted
a: the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, the national planning framework, or a plan; and
b: any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and
c: any written approval from persons from whom the plan or the national planning framework requires approval to be obtained has been obtained; and
d: the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the consent authority has waived the non-compliance and decided that the activity is a permitted activity.
2: A consent authority may give a notice under subsection (1)(d)—
a: after receiving an application for a resource consent for the activity; or
b: on its own initiative.
3: A consent authority may, for the purpose of subsection (1)(d), consider a compliance and enforcement strategy published under section 56
4: The notice must be in writing and must include—
a: a description of the activity; and
b: details of the site at which the activity is to occur; and
c: the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision.
5: If a person has submitted an application for a resource consent for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.
6: A notice given under subsection (1)(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to. 1991 No 69 s 87BB
223: Activities that must be treated as discretionary activities
An application for a resource consent for an activity must be treated as an application for a discretionary activity if—
a: Part 2
b: a plan requires a resource consent to be obtained for the activity but does not describe the activity as a permitted, anticipated, or discretionary activity; or
c: a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative. 1991 No 69 s 87B
224: Specified prohibited activities
1: The following activities are prohibited activities:
a: prospecting, exploring, or mining for Crown-owned minerals in the internal waters of the Coromandel Peninsula:
b: mining of which the main purpose is to mine mercury.
2: Subsection (1)(a) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) 1991 No 69 s 87B
225: Description of activity category to remain the same
1: Subsection (2) applies if—
a: an application for a resource consent has been made under section 239 clause 60
b: the category of activity (being anticipated or discretionary) for which the application was made, or for which the application was treated as being made under section 223
2: The application continues to be processed, considered, and decided as an application for the category of activity that it was for, or was treated as being for, at the time the application was first lodged.
3: Despite subsection (1), any plan or proposed plan that exists when the application is considered must be had regard to in accordance with section 286(2)(c)
2: Right to apply for resource consent relating to certain resources
226: When this subpart applies
1: This subpart applies if a right to apply for a resource consent to undertake an activity relating to a resource described in section 158(1)
a: by a consent authority through a market-based allocation method as required or permitted by the national planning framework or required by a plan; or
b: by the Minister responsible for aquaculture, in accordance with this Act (other than Part 8
2: In this subpart,— relevant resource consent right to apply section 158(1)
227: Right to apply may be transferred
1: A right to apply may be transferred by its holder to any other person.
2: A transfer of a right to apply does not take effect until written notice of it has been given to and received by the appropriate regional council or unitary authority.
228: Right to apply lapses in certain circumstances
1: A right to apply lapses on the close of 2 years after it is issued (the 2-year date
a: the holder of the right has within that period obtained a relevant resource consent, in which case the right to apply lapses when the consent is issued; or
b: the situation described in subsection (2) has occurred, in which case the right to apply lapses when the time for lodging an appeal has expired or the decision of the court in respect of any appeal has been given (as the case may be).
2: The situation referred to in subsection (1)(b) is as follows:
a: the holder of the right has lodged an application for a relevant resource consent with the consent authority before the 2-year date; and
b: on the 2-year date,—
i: no decision has been made by the consent authority; or
ii: the consent authority has made a decision but the time for lodging appeals to the Environment Court has not expired; or
iii: an appeal has been lodged but no decision has been made by the court on that appeal. 1991 No 69 s 164
3: Application for resource consent
229: Prior consultation not needed
The following applies to an applicant for a resource consent and the consent authority unless the national planning framework, the relevant plan, or another Act otherwise requires:
a: neither has a duty under this Act to consult any person about the application; and
b: each must comply with a duty under any other enactment to consult any person about the application; and
c: each may consult any person about the application.
230: Consent engagement costs
1: A person who applies for or holds a resource consent is liable to pay consent engagement costs if they are subject to an engagement requirement in relation to which costs have been fixed.
2: A person who is liable to pay consent engagement costs must pay those costs in accordance with—
a: any requirements made under sections 757 to 760 section 797
b: any agreement they have entered into with an iwi authority or group representing hapū with whom they required to fulfil an engagement requirement.
3: A consent authority and an iwi authority or group representing hapū may agree on how consent engagement costs are to be collected—
a: by the consent authority on behalf of the iwi authority or group representing hapū; and
b: in accordance with any requirements in regulations made under section 797
4: In this section,— consent engagement costs
a: means any costs that are fixed under sections 757 to 760
i: in accordance with any regulations made under section 797
ii: that relate to an engagement requirement; and
b: includes any costs fixed or payable under regulations made under section 797
c: includes any reasonable administration costs incurred by an iwi authority or group representing hapū and a consent authority engagement requirement
a: an applicant for, or holder of, a resource consent engage with an iwi authority or group representing hapū; and
b: is specified in the national planning framework or a plan, or as a condition of the resource consent, or in another Act. Direct referral to Environment Court
231: Sections 232 to 238 apply to resource consent applications
1: Sections 232 to 238
a: an application for a resource consent that has been notified:
b: an application to change or cancel a condition of a resource consent that has been notified.
2: If the application is called in under clause 55 sections 232 to 238 1991 No 69 s 87C
232: Request for application to go directly to Environment Court
1: The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority.
2: The applicant must make the request in the period—
a: starting on the day on which the application is made; and
b: ending 5 working days after the date on which the period for submissions on the application closes.
3: The applicant must make the request electronically or in writing on the prescribed form. 1991 No 69 s 87D
233: Consent authority to return request in certain circumstances
1: If the consent authority determines under section 240
2: Section 240
3: If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.
4: If the consent authority decides not to notify the application, it must return the request.
5: If the consent authority returns the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.
6: Subsections (3) and (4) are subject to any provision in the national planning framework or the plan relating to the notification status of the activity. 1991 No 69 s 87E(1), (2), (4), (8)
234: Consent authority’s decision on request
1: If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either section 233(4)
2: If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.
3: In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.
4: If regulations have been made under section 801
a: the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
5: The consent authority must assess the request against the following criteria:
a: the scale, significance, and complexity of the proposed activity:
b: whether there is any particular need for urgency:
c: whether participation by the public would be materially inhibited if the request were granted:
d: any other relevant matter.
6: No submitter has a right to be heard by the consent authority on a request.
7: If the consent authority declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.
8: If the consent authority declines the request, the applicant may object to the consent authority under section 765(1)(c)
9: Subsections (1) and (2) are subject to any provision in the national planning framework or the plan relating to the notification status of the activity. 1991 No 69 s 87E(3), (5)–(9)
235: Consent authority's subsequent processing
1: If the consent authority does not grant the applicant's request under section 232
2: If the consent authority grants the applicant's request under section 232
3: The consent authority must prepare a report on the application within the longer of the following periods:
a: the period that ends 20 working days after the date on which the period for submissions on the application closes:
b: the period that ends 20 working days after the date on which the authority decides to grant the request.
4: In the report, the consent authority must—
a: address issues that are set out in sections 286 to 300
b: suggest conditions that it considers should be imposed if the Environment Court grants the application; and
c: provide a summary of submissions received.
5: As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—
a: the applicant; and
b: every person who made a submission on the application.
6: The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
7: In providing that assistance, the consent authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court. 1991 No 69 s 87F
236: Environment Court determines application
1: Subsection (2) applies to an applicant who—
a: receives a report provided under section 235(5)
b: continues to want the application to be determined by the Environment Court instead of by a consent authority.
2: The application is referred to the Environment Court by the applicant,—
a: within 15 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for the grant of the resource consent (or the change or cancellation of the condition) and specifying the grounds upon which the application for the grant of the resource consent (or the change or cancellation of the condition) is made, and a supporting affidavit as to the matters giving rise to that application; and
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
i: the consent authority that granted the applicant's request under section 232
ii: every person who made a submission to the authority on the application; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
3: A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—
a: the application to which the notice of motion relates; and
b: the authority's report on the application; and
c: all the submissions on the application that the authority received; and
d: all the information and reports on the application that the authority was supplied with.
4: Clauses 53 54
5: Part 4 Schedule 13
6: If considering an application for a resource consent, the court must apply sections 286 to 300 352
7: If considering an application for a change to or cancellation of conditions of a resource consent, the court must apply sections 296 to 300
a: it were a consent authority and the application were an application for a resource consent for a discretionary activity; and
b: every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation.
8: However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 293(3)(b) Fisheries Act 1996 1991 No 69 s 87G
237: Residual powers of consent authority
The consent authority that would have determined the application had the Environment Court not done so under section 236 1991 No 69 s 87H
238: When consent authority must determine application
1: This section applies when—
a: an applicant receives a report under section 235(5)
b: either—
i: the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 236(2)
ii: the applicant does not lodge a notice of motion with the Environment Court under section 236(2)
2: The application must be determined by the consent authority. 1991 No 69 s 87I Applying for resource consent
239: How to apply for resource consent
1: A person may apply to the relevant consent authority for a resource consent.
2: A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA
a: is also the administering body in which the recreation reserve land is vested; and
b: agrees that the applications may be made jointly.
3: If a joint application is made under subsection (2), the application to exchange recreation reserve land must be—
a: processed, with the resource consent application, in accordance with sections 240 to 258 266 272 to 284
b: decided under section 15AA
4: An application must—
a: be made in the prescribed form and manner; and
b: include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required under Schedule 9 section 801
5: If a person applies for a resource consent relating to an area where an applicant group seeks customary marine title,—
a: the person must comply with section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011
b: the application must be treated as incomplete if this is not done.
6: An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry responsible for the administration of the Fisheries Act 1996
7: Sections 764 771
8: In this section, applicant group section 9(1) 1991 No 69 s 88(1)–(2A), (5), (6)
240: Incomplete applications
1: A consent authority may, within 10 working days after an application is first lodged, determine that the application is incomplete if—
a: the application does not include the prescribed information or the information required by section 239(4)(b)
b: the prescribed fee has not been paid.
2: The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.
3: If, after an application has been returned as incomplete, the application is lodged again with the consent authority, the application is to be treated as a new application. 1991 No 69 s 88(3)–(4) Deferral of application
241: Deferral pending application for additional consents
1: A consent authority may determine to defer the processing of an application for a resource consent if it considers on reasonable grounds that—
a: other resource consents under this Act will also be required in respect of the proposal to which the application relates; and
b: it is appropriate, for the purpose of better understanding the nature of the proposal, that applications for any 1 or more of those other resource consents be made before proceeding further.
2: If a consent authority makes a determination under subsection (1), it must immediately notify the applicant of the determination.
3: The applicant may apply to the Environment Court for an order directing that any determination under this section be revoked. 1991 No 69 s 91 Processing of application may be suspended
242: Applicant may have processing of notified application suspended
1: A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.
2: The applicant may request the consent authority to suspend the processing of an application at any time in the period—
a: starting when the application is notified; and
b: ending when—
i: the hearing is completed, if a hearing is held for the application; or
ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.
3: However, a request must not be made if—
a: the applicant has lodged a notice of motion with the Environment Court under section 236(2)(a)
b: the Minister has made a direction under clause 55
4: The request must be made by written or electronic notice.
5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started. 1991 No 69 s 91A
243: When suspension of processing of notified application ceases
1: A consent authority must cease to suspend the processing of a notified application when—
a: a request is received in accordance with this section; or
b: the applicant lodges a notice of motion with the Environment Court under section 236(2)(a)
c: the Minister makes a direction under clause 55(2)
d: the consent authority decides under section 244
2: The applicant may, by written or electronic notice, request the consent authority to cease to suspend processing.
3: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased. 1991 No 69 s 91B
244: Application may be returned if suspended after certain period
1: Subsection (2) applies if—
a: a total of 130 or more working days have been excluded from time limits under section 254 section 257(8)
b: the application is suspended at the time.
2: The consent authority must decide to—
a: return the application to the applicant; or
b: continue to process the application.
3: If the consent authority decides to return the application,—
a: it must be returned together with a written explanation as to why it is being returned; but
b: the applicant may object to the consent authority under section 764
4: If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application. 1991 No 69 s 91C
245: Applicant may have processing of non-notified application suspended
1: A consent authority must suspend the processing of a non-notified application when a request is received in accordance with this section.
2: The applicant may request the consent authority to suspend processing at any time in the period—
a: starting on the date on which the application is first lodged with the authority; and
b: ending when—
i: the hearing is completed, if a hearing is held for the application; or
ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application; or
iii: the application is notified.
3: However, a request must not be made if—
a: the applicant has lodged a notice of motion with the Environment Court under section 236(2)(a)
b: the Minister has made a direction under clause 55
4: The request must be made by written or electronic notice.
5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started. 1991 No 69 s 91D
246: When suspension of processing of non-notified application ceases
1: A consent authority must cease to suspend the processing of a non-notified application when—
a: a request is received in accordance with this section; or
b: the applicant lodges a notice of motion with the Environment Court under section 236(2)(a)
c: the Minister makes a direction under clause 55
d: the consent authority decides under section 247
2: The applicant may, by written or electronic notice, request the consent authority to cease to suspend the processing of a non-notified application.
3: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased. 1991 No 69 s 91E
247: Non-notified application may be returned after certain period
Section 244(2) and (3) section 245 1991 No 69 s 91F
248: Withdrawal of application for resource consent
1: An applicant who has lodged an application for a resource consent may withdraw all or part of their application.
2: The applicant must give written or electronic notice to the consent authority of the withdrawal, and if only part is to be withdrawn, must identify that part. Consent authority may require further information
249: Further information, or report, may be requested
1: A consent authority may, at any reasonable time before the hearing of an application for a resource consent or, if no hearing is held, before the decision to grant or refuse the application,—
a: request the applicant to provide further information relating to the application if the authority is satisfied that—
i: it requires the information to determine whether the proposed activity is consistent with relevant provisions in the plan or the national planning framework; or
ii: it requires the information to adequately assess the effects of the proposed activity; or
b: commission a person to prepare a report on a matter relating to the application, including a matter relating to information provided by the applicant in the application or under this section, if all of the following apply:
i: the proposed activity may, in the authority’s opinion, have a significant adverse environmental effect; and
ii: the applicant is notified before the authority commissions the report; and
iii: the applicant does not refuse, under section 251(1)
2: The consent authority must notify the applicant, in writing, of its reasons for—
a: requesting further information under subsection (1)(a); or
b: wanting to commission a report under subsection (1)(b).
3: The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—
a: the applicant refuses, under section 250
b: the applicant refuses, under section 251
4: The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority's office. 1991 No 69 s 92
250: Responses to request for further information
1: An applicant who receives a request for further information under section 249(1)(a)
a: provide the information; or
b: tell the consent authority in a written notice that the applicant agrees to provide the information; or
c: tell the consent authority in a written notice that the applicant refuses to provide the information.
2: A consent authority that receives a written notice under subsection (1)(b) must—
a: set a reasonable time within which the applicant must provide the information; and
b: tell the applicant in a written notice the date by which the applicant must provide the information.
3: The consent authority may consider the application under section 286
a: agrees to provide the information under subsection (1)(b) but does not do so; or
b: refuses to provide the information under subsection (1)(c).
4: See section 252 1991 No 69 s 92A
251: Responses to notification
1: An applicant who receives a notification under section 249(2)(b)
2: The consent authority must consider the application under section 286
a: does not respond in accordance with subsection (1); or
b: refuses to agree to the commissioning of the report. 1991 No 69 s 92B
252: Consent authority may return application if further information not provided or administrative charges not paid
The consent authority may return an application for a resource consent after it has been accepted for processing if—
a: the authority receives no response from the applicant to a request for further information within the time specified in this Act or prescribed in regulations made under section 801
b: the applicant does not pay any additional administration charges required for processing the application within the time prescribed in regulations made under section 801 Exclusion of various time periods
253: Processing time frames
1: The maximum processing time frames for applications for resource consents—
a: are set out in the table in subsection (2); and
b: are subject to other provisions of this Act.
2: Processing time frames for resource consents The following table is small in size and has 3 columns. Column 1 is headed Type of notification. Column 2 is headed Overall time frame. Column 3 is headed Mandatory time frame within overall time frame. Type of notification Overall time frame Mandatory time frames within overall time frame Non-notified consent without hearing 20 working days s 302(3) Non-notified consent with hearing 50 working days s 266(1)(b) s 302(2) Limited notified consent without hearing 60 working days s 266(1)(b) s 274(3) s 302(4) Limited notified consent with hearing 100 working days s 266(1)(b) s 274(3) s 302(2) Publicly notified consents without hearing 60 working days s 266(1)(b) s 274(2) s 302(4) Publicly notified consent with hearing 130 working days s 266(1)(b) s 274(2) s 302(2)
254: What must be excluded from consideration of time periods
The following matters must be excluded in the calculation of the overall processing time frames:
a: a request for further information ( section 255
b: an excluded time period relating to direct referral to Environment Court ( section 256
c: deferral of an application pending applications for additional consents ( section 257(1) and (2)
d: approval sought from affected persons or groups ( section 257(3) and (4)
e: referral to mediation ( section 257(5) and (6)
f: suspension of notified applications ( sections 257(7) and (8) 259
g: pre-request aquaculture agreements ( section 258
h: non-payment of administrative charges required for consent processing ( section 260
i: an excluded time period under the Urban Development Act 2020 section 261
j: preliminary meetings ( section 276
k: an applicant’s request to review draft conditions of consent (time period agreed between councils and applicant) ( section 285
l: time taken to confirm, conduct, and complete alternative dispute resolution ( sections 304 to 312
255: Excluded time periods relating to provision of further information
Request for further information
1: Subsection (2) applies when—
a: a consent authority has requested an applicant, under section 249(1)
b: the request is the first request made by the authority to the applicant under that provision; and
c: the request is made before the authority decides whether to notify the application.
2: The period that must be excluded from the total processing time under section 253
a: starting with the date of the request under section 249(1)
b: ending as follows:
i: if the applicant provides the information within 15 working days, on the date on which the applicant provides the information:
ii: if the applicant agrees within 15 working days to provide the information and provides the information, on the date on which the applicant provides the information:
iii: if the applicant agrees within 15 working days to provide the information and does not provide the information, on the date set under section 250(2)(a)
iv: if the applicant does not respond to the request within 15 working days, on the date on which the period of 15 working days ends:
v: if the applicant refuses within 15 working days to provide the information, on the date on which the applicant refuses to provide the information. Commissioning of report—applicant agrees
3: Subsection (4) applies when—
a: a consent authority has notified an applicant, under section 249(2)(b)
b: the applicant agrees, under section 251(1)
4: The period that must be excluded from the total processing time under section 253
a: starting with the date of the notification under section 249(2)(b)
b: ending with the date on which the authority receives the report. Commissioning of report—applicant disagrees
5: Subsection (6) applies when—
a: a consent authority has notified an applicant, under section 249(2)(b)
b: the applicant does not agree, under section 251(1)
6: The period that must be excluded from the total processing time under section 253
a: starting with the date of the notification under section 249(2)(b)
b: ending with the earlier of the following:
i: the date on which the period of 15 working days ends; and
ii: the date on which the authority receives the applicant's refusal, under section 251(1) 1991 No 69 s 88C
256: Excluded time periods relating to direct referral
Request for direct referral declined and no objection
1: Subsection (2) applies when—
a: an applicant makes a request under section 232(1)
b: the consent authority declines the request under section 233(5) to (7)
c: the applicant does not object under section 765(1)(c)
2: The period that must be excluded from the total processing time under section 253
a: starting with the date on which the consent authority receives the request; and
b: ending with the date on which the period of 15 working days referred to in section 768(1) Request for direct referral declined and objection dismissed
3: Subsection (4) applies when—
a: an applicant makes a request under section 232(1)
b: the consent authority declines the request under section 233(5) to (7)
c: the consent authority dismisses the applicant's objection under section 770
4: The period that must be excluded from the total processing time under section 253
a: starting with the date on which the consent authority receives the request; and
b: ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection. Request for direct referral granted or objection upheld
5: Subsection (6) applies when—
a: an applicant makes a request under section 232(1)
b: either—
i: the consent authority grants the request under section 233(5) to (7)
ii: the consent authority declines the request under section 233(5) to (7) section 770
6: The period that must be excluded from the total processing time under section 253
a: starting with the date on which the consent authority receives the request; and
b: ending with the earlier of the following:
i: the date on which the period of 15 working days referred to in section 236(2)(a)
ii: the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 236(2) 1991 No 69 s 88D
257: Excluded time periods relating to other matters
Deferral pending application for additional consents
1: Subsection (2) applies when a consent authority determines, under section 241(1)
2: The period that must be excluded from the total processing time under section 253
a: starting with the date of the notification of the determination to the applicant under section 241(2)
b: ending with—
i: the date of the receipt of applications for the resource consents that the authority considers, under section 241(1)(b)
ii: the date of an Environment Court order revoking the authority's determination. Approval sought from affected persons or groups
3: Subsection (4) applies when an applicant tries, for the purposes of any of sections 267(4) to 202
4: The period that must be excluded from the total processing time under section 253 Referral to mediation
5: Subsection (6) applies when a consent authority refers persons to mediation under section 277
6: The period that must be excluded from the total processing time under section 253
a: starting with the date of the referral; and
b: ending with the earlier of the following:
i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
ii: the date on which the mediator reports the outcome of the mediation to the authority. Suspension of processing of notified application
7: Subsection (8) applies when the processing of an application is suspended under section 242
8: The period that must be excluded from the total processing time under section 253
a: starting with the date on which the suspension started; and
b: ending with the date on which the suspension ceased. 1991 No 69 s 88E
258: Excluded time periods relating to pre-request aquaculture agreements
1: Subsection (2) applies when—
a: an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and
b: the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM
c: it is the first request made by the applicant for that purpose.
2: The period that must be excluded from the total processing time under section 253
a: starting with the date on which the request is made; and
b: ending with the earlier of the following:
i: the 80th working day after the date on which the request is made:
ii: the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to. 1991 No 69 s 88F
259: Exclusion of period when processing of non-notified application suspended
1: Subsection (2) applies when a non-notified application is suspended under section 245
2: The period that must be excluded from the total processing time under section 253
a: starting from the date on which the suspension started; and
b: ending on the date on which the suspension ceased. 1991 No 69 s 88G
260: Excluded time periods relating to non-payment of administrative charges
1: Subsection (2) applies if—
a: an application for a resource consent is lodged with a consent authority; and
b: a charge fixed under section 757 section 266
c: the applicant does not pay the charge when it is payable.
2: The consent authority must exclude from the total processing time under section 253
a: starting from the date on which payment is due; and
b: ending on the date on which payment is made. 1991 No 69 s 88H
261: Excluded time periods under Urban Development Act 2020
The period described in section 103(4) 1991 No 69 s 88I
262: Applications to territorial authorities for resource consents where land is in coastal marine area
1: If an application for a subdivision consent is made to a territorial authority and any part, or all, of the land proposed to be subdivided is in the coastal marine area, the territorial authority must decide the application as if the whole of that land were part of the district, and the provisions of this Act apply accordingly.
2: Subsection (3) applies if—
a: an application is made to a territorial authority for a resource consent for an activity that an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and
b: on the date the application is made, the proposed location of the activity is still within the coastal marine area.
3: If this subsection applies, the territorial authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act apply accordingly.
4: Section 321 1991 No 69 s 89
263: Applications affecting navigation to be referred to Maritime New Zealand
1: This section applies to the following applications:
a: an application for a coastal permit to do any of the following in the coastal marine area:
i: reclaim land:
ii: build a structure:
iii: do or maintain works for the improvement, management, protection, or utilisation of a harbour:
b: an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:
c: an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river:
d: an application for a land use consent to use the bed of a navigable lake or river.
2: The local authority must send a copy of the application to Maritime New Zealand.
3: Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes.
4: If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report.
5: The local authority must—
a: ensure that a copy of Maritime New Zealand's report is provided to—
i: the applicant; and
ii: every person who has made a submission on the application; and
b: take the report into account in its consideration of the application. 1991 No 69 s 89A
4: Notification of applications for resource consent
Purpose of notification
264: Meaning and purpose of notification
1: In this subpart, unless the context otherwise requires, notification
2: The purpose of notification is to obtain more information (whether from affected persons or the public) to enable consent authorities to be better informed in understanding whether, and the extent to which,—
a: the proposed activity is consistent with relevant outcomes; and
b: the proposed activity complies with or contributes to complying with any relevant environmental limits; and
c: any adverse effects of the proposed activity on the environment or on affected persons can be avoided, minimised, or remedied.
265: Notification status of activity for which resource consent required
1: The notification status of an activity for which a resource consent is required—
a: may be stated in the national planning framework (in accordance with section 146
b: may be stated in the relevant plan (in accordance with any direction of the national planning framework ( see section 177
c: may be determined by the consent authority in accordance with this subpart and any direction or requirement in the national planning framework or plan.
2: This section is by way of explanation only. Notification requirements
266: Consent authority must comply with notification requirements or determine notification status
1: If a consent authority receives an application for a resource consent for an activity for which there are provisions in the national planning framework or a plan that specifies the activity’s notification status and (if applicable) identify any affected persons, the authority must make the notification decision—
a: in accordance with those provisions; and
b: no later than 15 working days after the application is lodged unless and to the extent that this Act provides otherwise.
2: If a consent authority receives an application for a resource consent for an activity for which the national planning framework or a plan has not specified the activity’s notification status, the authority—
a: has, subject to this subpart, discretion to decide the notification status of the activity and if applicable, identify any affected persons; and
b: must make that decision no later than 20 working days after the day on which the application is lodged.
3: If a consent authority receives an application for a resource consent for an activity in relation to which there is an affected customary marine title group or an affected protected customary rights group, the authority must, unless the application is to be publicly notified, notify the application to that group regardless of any notification status of the activity in the national planning framework or the plan.
4: The consent authority must publicly notify an application that is made jointly with an application to exchange recreation reserve land under section 15AA
5: The consent authority must not notify an application that—
a: is for an activity identified in the national planning framework or a plan as requiring limited notification to affected persons; and
b: is lodged with written approvals from all affected persons. 1991 No 69 ss 95 95A(3)(c)
267: Determination of whether person is affected person
1: When determining whether a person is an affected person for the purpose of limited notification of an application for a resource consent, a decision maker must—
a: consider whether the person—
i: has an interest in the proposed activity that is greater than that of the general public; and
ii: is likely to experience adverse effects that are more than minor when compared to the level of adverse effects anticipated in the national planning framework or the relevant plan; and
b: if the proposed activity is on, is adjacent to, or may affect a statutory area, determine in accordance with subsection (2) whether a person who is associated with the relevant statutory acknowledgement is an affected person; and
c: determine whether there are any—
i: affected protected customary rights groups; or
ii: affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).
2: When making a determination under subsection (1)(b), the decision maker—
a: must consider whether the adverse effects of the proposed activity on the person who is associated with the statutory area are minor or more than minor; and
b: for that purpose, must have regard to the statutory area and any statutory acknowledgement with which the person is associated; and
c: must determine that the person who is associated with the statutory acknowledgement is an affected person if satisfied that the effects of the proposed activity on that person are minor or more than minor.
3: For the purpose of subsection (1)(c),—
a: a protected customary rights group is an affected protected customary rights group
i: the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3
ii: the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the decision maker before it has made a decision under this section:
b: a customary marine title group is an affected customary marine title group
i: the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3
ii: the customary marine title group has not given written approval for the activity in a written notice received by the decision maker before it has made a decision under this section.
4: A person is not an affected person if—
a: the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the decision maker before they make a determination under this section; or
b: the decision maker is satisfied it is unreasonable in the circumstances for the applicant to seek the person’s written approval.
5: In this section, decision maker 1991 No 69 ss 95B(3) 95E(2)(c), (3) 95F 95G
268: Public notification not required for anticipated activity
1: It is a presumption that an anticipated activity must be processed without public notification.
2: The presumption does not apply to an activity if a plan or the national planning framework states otherwise.
269: Public notification for discretionary activity
1: It is a presumption that a discretionary activity must be processed with public notification.
2: The presumption does not apply to an activity if a plan or the national planning framework states otherwise.
270: Notification of resource consent application by consent authority
1: A consent authority must not require notification of an application for a resource consent for an activity if—
a: either—
i: the notification presumption for anticipated activities ( see section 268
ii: the plan or the national planning framework requires no notification in relation to the activity; and
b: there are no affected persons identified under section 267
2: A consent authority must require limited notification of an application for a resource consent for an activity if—
a: either—
i: the notification presumption for anticipated activities ( see section 268
ii: the plan or the national planning framework requires limited notification in relation to the activity; and
b: there are affected persons identified under section 267
3: A consent authority must require public notification of an application for a resource consent for an activity if—
a: the notification presumption for discretionary activities ( see section 269
b: the plan or the national planning framework requires public notification in relation to the activity; or
c: it relates to a joint application to exchange land under the Reserves Act 1977
d: the applicant requests it.
4: In making a decision under this section, a consent authority must—
a: consider the purpose of notification ( see section 264
b: comply with any requirements in the national planning framework or the plan that relate to the notification of the activity.
5: However, this section is subject to section 266(3)
271: Provision of relevant information to post-settlement governance entity
1: This section applies if—
a: a consent authority is or was required by legislation to provide to a post-settlement governance entity relevant information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; and
b: the requirement to provide the relevant information no longer applies (for example, through the expiry of any period specified in the legislation).
2: The consent authority must provide the post-settlement governance entity with relevant information relating to an application for a resource consent. The information must be provided regardless of whether the application is made under this Act or the Resource Management Act 1991
3: In this section, relevant information
a: if the application is received by the consent authority, a summary of the application; or
b: if a notice of the application is served on the consent authority (under clause 60 section 145(10)
4: The summary must be the same as would be given to an affected person by limited notification (under section 206 section 95B
5: A consent authority must provide the post-settlement governance entity—
a: with the summary—
i: as soon as is reasonably practicable after the consent authority receives the application for the resource consent; but
ii: not later than the date of notification of the activity (in accordance with section 270 section 95
b: with the copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.
6: The post-settlement governance entity may, by written notice to a consent authority,—
a: waive the right to be provided with the summary or copy of the notice; and
b: state the scope of that waiver and the period it applies for.
7: This section does not affect the obligation of a consent authority to decide,—
a: under section 266(1)(b) section 95
b: under section 267 section 95E
8: In this section, legislation section 5 Submissions on applications
272: Who may make submissions
1: If an application for a resource consent undergoes public notification,—
a: any person may make a submission about it to the consent authority; but
b: the person’s right to make the submission is limited by section 215 section 214
2: If an application for a resource consent undergoes limited notification,—
a: any person served with notice of the application may make a submission about it to the consent authority; but
b: the person’s right to make a submission is limited by section 215 section 214 1991 No 69 s 96(1)–(4)
273: Form and service of submissions
1: A submission must be in the prescribed form.
2: A submission may state whether—
a: it supports the application; or
b: it opposes the application; or
c: it is neutral.
3: A submission must be served—
a: on the consent authority within the time allowed by section 274
b: on the applicant as soon as is reasonably practicable after service on the consent authority. 1991 No 69 s 96(5)–(7)
274: Time limit for submissions
1: This section specifies the closing date for serving submissions on a consent authority that has notified an application.
2: If public notification was given, the closing date is the 20th working day after the date of public notification.
3: If limited notification was given, the closing date is the 20th working day after the date of limited notification.
4: However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission. 1991 No 69 s 97
275: Applicant to be advised of submissions
As soon as reasonably practicable after the closing date for submissions, the consent authority must provide the applicant with a list of all submissions received by it. 1991 No 69 s 98
276: Preliminary meetings
1: This section applies to an application for resource consent for which there has been public or limited notification, regardless of whether a hearing is held on the application.
2: A consent authority may invite or require an applicant for a resource consent and some or all submitters to attend a meeting with the following:
a: each other or one another; and
b: the authority; and
c: anyone else whose presence at the meeting the authority considers appropriate.
3: The consent authority may invite or require persons to attend a meeting—
a: either—
i: at the request of 1 or more of the persons; or
ii: on its own initiative; and
b: only for the purpose of—
i: clarifying a matter or issue; or
ii: facilitating resolution of a matter or issue.
4: The consent authority may require persons to attend a meeting only with the consent of the applicant.
5: A person who is a member, delegate, or officer of the consent authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—
a: the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and
b: all the persons at the meeting agree.
6: The chairperson of the meeting must prepare a report that—
a: does not include anything communicated or made available at the meeting on a without prejudice basis; and
b: for the parties who attended the meeting,—
i: sets out the issues that were agreed; and
ii: sets out the issues that are outstanding; and
c: for all the parties,—
i: may set out the nature of the evidence that the parties are to call at the hearing; and
ii: may set out the order in which the parties are to call the evidence at the hearing; and
iii: may set out a proposed timetable for the hearing.
7: The consent authority must have regard to the report in making its decision on the application.
8: If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—
a: to process the person's application; or
b: to consider the person's submission.
9: If the consent authority declines, under subsection (8)(a), to process the person's application,—
a: the person may not appeal under section 313
b: the person may object under section 765
10: If the consent authority declines, under subsection (8)(b), to consider the person's submission, the person—
a: may not appeal under section 313
i: the decision to decline to consider the submission; or
ii: the decision on the application; and
b: may not become under section 765 clauses 54 55
c: may object under section 765 1991 No 69 s 99
5: Hearings and decisions
Hearings
277: Mediation
1: This section applies to an application for a resource consent for which there has been public or limited notification regardless of whether a hearing is held on the application.
2: A consent authority may refer to mediation a person who has made the application and some or all submitters.
3: The consent authority may exercise the power in subsection (2)—
a: either—
i: at the request of one of the persons; or
ii: on its own initiative; and
b: only with the consent of all the persons being referred; and
c: only for the purpose of mediating between the persons on a matter or issue.
4: Mediation under this section must be conducted by—
a: a person to whom the consent authority delegates, under section 62
b: a person whom the consent authority appoints to mediate, if the authority is the person who has made an application for a resource consent.
5: The person who conducts the mediation must report the outcome of the mediation to the consent authority, the applicant, and all submitters. 1991 No 69 s 99A
278: Hearing of applications
1: A consent authority may decide not to hold a hearing on an application for a resource consent—
a: if it considers that it has sufficient information to make a decision on the application without a hearing; and
b: regardless of whether the applicant or a submitter wishes to be heard.
2: If a consent authority holds a hearing, it—
a: may invite the applicant, any person commissioned to write a report, any submitters, or any relevant persons (including technical experts) to be heard; and
b: must invite the applicant to be heard if the authority is hearing from submitters or any other persons wishing to be heard.
3: A consent authority—
a: may hold a hearing if it considers that it may be more effective and efficient for the issues and information to be tested at a hearing in order to assess whether they are consistent with the relevant outcomes to which the proposed activity relates; but
b: must hold a hearing if required by an agreement with iwi authorities and groups that represent hapū and Māori groups with interests such as under a Mana Whakahono ā Rohe or settlement legislation.
4: A consent authority must notify the applicant and every submitter in writing of its decision to hold or not to hold a hearing, and include reasons.
5: See section 284 1991 No 69 s 100
279: Hearing date and notice
1: If a hearing of an application for a resource consent is to be held, the consent authority must fix a commencement date and time, and the place, of the hearing.
2: A consent authority must, within the time limit prescribed in regulations made under section 801
3: The consent authority must give at least 10 working days' notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to—
a: the applicant; and
b: every submitter who stated their wish to be heard and who has not subsequently advised they do not wish to be heard.
4: If a joint hearing is to be held, the consent authorities concerned must ensure that every applicant and every submitter is aware of the joint hearing. 1991 No 69 s 101
280: Decision by commissioner may be requested
1: This section applies to an application for a resource consent that is notified, regardless of whether a decision whether to hold a hearing on the application is made under section 278
2: The applicant or a submitter may request that a local authority delegate its functions, powers, and duties required to hear and decide or to decide the application to a commissioner.
3: The request must be made in writing no later than 5 working days after the closing date for submissions on the application.
4: The local authority to whom the request is made must delegate, under section 62 1991 No 69 s 100A
281: Joint hearings by 2 or more consent authorities of applications that relate to same proposal
1: If applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities must jointly hear and consider those applications unless—
a: all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and
b: the applicant agrees that a joint hearing need not be held.
2: When a joint hearing is to be held, the regional council for the area concerned is responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible.
3: If 2 or more consent authorities jointly hear applications for resource consents, they must jointly decide those applications unless any of the consent authorities consider on reasonable grounds that it is not appropriate to do so.
4: If 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3),—
a: they must identify in their decision on those applications—
i: their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and
ii: the manner in which administrative charges will be allocated between the consent authorities; and
b: any consent must be issued by the relevant consent authority accordingly.
5: In any appeal under section 313
6: This section also applies to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal.
7: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 280 1991 No 69 s 102
282: Combined hearings of applications that relate to same proposal
1: If 2 or more applications for resource consents in relation to the same proposal have been made to a consent authority, and that consent authority has decided to hear the applications, the consent authority must hear and decide those applications together unless—
a: the consent authority is of the opinion that the applications are sufficiently unrelated that it is unnecessary to hold a combined hearing; and
b: the applicant agrees that a combined hearing need not be held.
2: This section also applies to any other matter the consent authority is empowered to decide or recommend on under this Act in relation to the same proposal.
3: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 280 1991 No 69 s 103
283: Time limit for completion of hearing of notified application
The hearing of an application for a resource consent that was notified must be completed within the time prescribed by regulations made under section 801 1991 No 69 s 103A
284: Requirement to provide report and other evidence
1: This section applies to an application for a resource consent if the application is notified, regardless of whether a hearing is held on the application.
2: The consent authority must provide the following documentation to the applicant, and to every submitter, within the specified time limit (if any) or as soon as practicable after the closing date:
a: a copy of any written report prepared under clause 92
b: briefs of any other evidence to be called by the authority.
3: The applicant must provide briefs of evidence (the applicant's evidence
4: A submitter who is intending to call expert evidence must provide briefs of the evidence (the submitter's evidence
5: The consent authority must make the following available at its office to the persons specified:
a: the authority's documentation, to any person who made a submission and did not state a wish to be heard:
b: the applicant's evidence, to any person who made a submission:
c: any submitter's evidence, to any other person who made a submission.
6: The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is required to be made available.
7: In this section,— closing date specified time limit section 801 clauses 87 92(4) and (5) 1991 No 69 s 103B
285: Technical review of draft conditions of consent
1: An applicant for a resource consent may request the consent authority to provide them with any draft conditions of the consent (the draft conditions
2: A request—
a: must be made before the consent authority issues its decision on the application for consent; and
b: may be made only once by an applicant.
3: If the applicant requests the draft conditions under this section and the consent application has been notified, the consent authority may provide the draft conditions to submitters if the applicant agrees.
4: The applicant and the consent authority must agree to the time period within which feedback on the draft conditions from the applicant and any submitters must be made to the consent authority.
5: A consent authority—
a: is not obliged to adopt any feedback it has received under this section from the applicant or submitters; and
b: may adopt any feedback in accordance with sections 286 to 300 580
6: The consent authority may, for the purposes of this section, suspend the processing of the consent for a period prescribed by regulations made under section 801
7: In this section, a technical review Decisions
286: Consideration of resource consent application
1: This section applies to a consent authority when considering an application for a resource consent. Matters that consent authority must have regard to
2: The consent authority must, subject to subsection (12), have regard to—
a: any actual and potential effects on the environment of allowing the activity ( see
b: any measure proposed or agreed to by the applicant—
i: to avoid, remedy, minimise, offset, or provide environmental compensation for any adverse effects on the environment resulting or likely to result from the activity; or
ii: to provide for positive effects; and
c: whether, and the extent to which, the activity contributes to the achievement of any relevant outcomes, targets, and policies in—
i: a plan:
ii: a regional spatial strategy:
iii: the national planning framework; and
d: the nature and extent of any inconsistency with—
i: any policies and rules in a plan; or
ii: the national planning framework; and
e: the preferred state of the future environment as specified in a plan, a regional spatial strategy, or the national planning framework; and
f: any other matter that the consent authority considers relevant and reasonably necessary to determine the application.
3: For the purposes of subsection (2)(a), if the activity and any adverse effect of the activity is permitted by the national planning framework or a plan, the consent authority must have regard to that adverse effect but only to the extent that doing so would be consistent with relevant outcomes.
4: The consent authority must, if the application is notified, have regard to any submissions other than those that have been withdrawn. Specific considerations
5: The consent authority may consider any prior non-compliance by any of the following persons if the non-compliance has led to enforcement action being taken under this Act or the Resource Management Act 1991
a: the applicant:
b: a person who will be responsible for complying with any conditions of the consent.
6: If the application is affected by section 328 487
7: Subsection (6) does not apply to an application that is affected by section 328
a: that is subject to the comparative consenting process; or
b: for which a market-based allocation method is used to determine the allocation of the right to apply.
8: If the proposed activity is in an area within the scope of a planning document prepared by a customary marine title group under section 85
a: must have regard to any matters relevant to this Act that are set out in the planning document; and
b: must, if it is a regional council, continue to have regard to those matters until it receives notification from the regional planning committee that it has completed its obligations in relation to its regional planning documents under section 93(5)
9: See also section 103(3) section 9 Matters that must be disregarded
10: The consent authority must not have regard to—
a: trade competition or the effects of trade competition; or
b: any effect on a person who has given written approval to the application; or
c: any effect of an activity on scenic views from private properties; or
d: the visibility of commercial signage or advertising being obscured as an effect of an activity; or
e: any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
i: the social or economic characteristics of residents; or
ii: types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
iii: residents requiring support or supervision in their housing because of their legal status or disabilities.
11: Subsection (10)(b) does not apply if the person withdraws their approval by written notice received by the consent authority before the hearing or, if there is no hearing, before the application is determined. Recourse to national planning framework and purpose of Act
12: For the purpose of considering any matter in the application, the consent authority—
a: may, unless a framework rule directly affects the matter, have regard to the national planning framework only if, and to the extent that, it is necessary—
i: to resolve any conflict between plan outcomes; or
ii: to resolve any ambiguity in the plan; or
iii: to address a matter that is not addressed in the plan; and
b: may have regard to the purpose of this Act only if, and to the extent that, it is necessary—
i: to resolve ambiguity in the national planning framework; or
ii: to resolve conflict between framework outcomes; or
iii: to address a matter that is not addressed in the national planning framework. Matters for which consent must not be granted
13: The consent authority must not grant a resource consent if—
a: it is contrary to an environmental limit unless an exemption from the limit is directed under section 115
b: it is contrary to a target:
c: it is contrary to—
i: a wāhi tapu condition included in a customary marine title order or agreement:
ii: section 55(2)
iii: a water conservation order:
iv: a heritage protection order:
v: a restriction on the discharge permit:
vi: a restriction on a coastal permit:
vii: a wastewater environmental performance standard made under section 138
d: it should have been notified and was not; or
e: the activity would have more than a minimal effect on a place of national importance, unless section 420(1)(a), (b), or (c) Determination
14: The consent authority may grant a resource consent on the basis that the activity is an anticipated activity or a discretionary activity regardless of what type of activity the application was expressed to be for.
15: The consent authority may decline an application for a resource consent on the ground that it has inadequate information to determine the application.
16: In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being available. 1991 No 69 s 104
287: Determination of applications for discretionary activity
After considering an application for a resource consent for a discretionary activity, a consent authority—
a: may grant or refuse the application; and
b: if it grants the application, may impose conditions under section 294 1991 No 69 s 104B
288: Determination of applications for anticipated activities
1: When considering an application for a resource consent for an anticipated activity, a consent authority must consider only those matters over which a plan or the national planning framework has reserved control.
2: The consent authority may grant or refuse the application.
3: The consent authority may impose conditions on the resource consent but only for those matters over which a plan or the national planning framework has retained control. 1991 No 69 s 104C
289: Consideration of activities affecting drinking water supply source water
When considering an application for a resource consent, the consent authority must have regard to—
a: the actual or potential effect of the proposed activity on the source of a drinking water supply that is registered under section 55
b: any risks that the proposed activity may pose to the source of a drinking water supply that are identified in a source water risk management plan prepared in accordance with the requirements of the Water Services Act 2021 1991 No 69 s 104G
290: Matters relevant to certain applications
1: If an application is for a discharge permit or coastal permit to do something that would contravene section 26 27 section 286(2)
a: the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
b: the applicant's reasons for the proposed choice ( see Schedule 9
c: any possible alternative methods of discharge, including discharge into any other receiving environment; and
d: the best practicable option for the discharge; and
e: the comparative assessment undertaken to determine the best practicable option for the discharge.
2: If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 286(2) section 295(1)(h) 1991 No 69 s 105
291: Consent authority may refuse subdivision consent in certain circumstances
1: A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers—
a: it is necessary to avoid, mitigate, or reduce risks arising from natural hazards:
b: sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.
2: For the purpose of subsection (1)(a),—
a: the risks from natural hazards include current and future risks:
b: an assessment of the risks from natural hazards requires a combined assessment of—
i: the likelihood of natural hazards occurring (whether individually or in combination); and
ii: the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and
iii: any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in subparagraph (ii).
3: Conditions under subsection (1) must be—
a: for the purposes of avoiding, mitigating, or reducing the risks referred to in subsection (1); and
b: of a type that could be imposed under section 294 1991 No 69 s 106
292: Granting of certain discharge or coastal permits restricted
1: This section applies to an application for a discharge permit or coastal permit for an activity that would contravene section 26 27
a: a contaminant or water to be discharged into water; or
b: a contaminant to be discharged onto or into land in circumstances which may result in that contaminant (or any other contaminant released as a result of natural processes from that contaminant) entering water; or
c: a contaminant to be discharged into or onto the coastal marine area from a ship, aircraft, or offshore installation.
2: A consent authority must not grant the permit if,—
a: before reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water) is likely to give rise to all or any of the following effects in the receiving waters:
i: any significant adverse effects on aquatic life:
ii: significant irreversible adverse effects on the water body; or
b: after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water) is likely to give rise to all or any of the following effects in the receiving waters:
i: the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
ii: any conspicuous change in the colour or visual clarity:
iii: any emission of objectionable odour:
iv: the rendering of freshwater unsuitable for consumption by farm animals:
v: any significant adverse effects on aquatic life.
3: A consent authority may grant the permit despite subsection (2), but only if it is satisfied that one of the following applies:
a: exceptional circumstances justify the granting of the permit:
b: the discharge is of a temporary nature:
c: the discharge is associated with necessary maintenance.
4: In addition to any other conditions imposed by or under this Act, a condition of the permit may require the permit holder to undertake work in stages throughout the term of the permit to ensure that any plan rules or framework rules are met. 1991 No 69 s 107
293: Applications to undertake aquaculture activities
1: This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area.
2: However, this section does not apply to—
a: an application for a coastal permit by a person who already holds a coastal permit to occupy the same space in a common marine and coastal area for aquaculture activities, unless a previous aquaculture decision in relation to that area included a condition under section 186H(3)
b: an application for a coastal permit in a part of an aquaculture area in respect of which a determination has been made under section 186JB of the Fisheries Act 1996 chief executive
3: The consent authority must,—
a: unless the application is returned under section 240(2)
b: forward any information or report obtained in relation to the application under section 249 clause 89 92 clause 65
c: if the application is notified, provide the chief executive with a copy of the submissions as soon as is reasonably practicable after the closing date for submissions. 1991 No 69 s 107F Conditions of resource consents
294: General requirements before conditions may be included
1: When granting a resource consent, the consent authority may include any condition it considers appropriate after being satisfied that—
a: subsection (2) is complied with; and
b: any requirements in section 295
2: A consent authority must not include a condition unless—
a: the applicant has agreed to the condition and the condition contains measures in order to—
i: give rise to positive effects; or
ii: avoid, minimise, remedy, offset, or provide environmental compensation for, any adverse effects; or
b: the condition is directly connected to—
i: any positive or adverse effects of the activity; or
ii: an applicable provision in a plan or the national planning framework; or
c: the condition relates to administrative matters that are essential for the efficient implementation of the resource consent.
3: This section does not limit section 186 section 291 subpart 4
4: For the purpose of subsection (2)(b), a provision is applicable 1991 No 69 ss 108 108AA
295: Particular conditions that may be included in resource consent
1: Without limiting the generality of section 294
a: a condition specifying the duration of the consent:
b: a condition requiring an environmental contribution to be made:
c: a condition requiring a bond to be given (and describing the terms of that bond) in accordance with section 234
d: a condition requiring services or works to be provided, including (but without limitation) the protection, planting, or replanting of any tree or other vegetation or the protection, restoration, or enhancement of any natural or physical resource:
e: in the case of a resource consent that is not a subdivision consent, a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the resource consent (being a condition which relates to the use of land to which the consent relates):
f: in the case of a discharge permit or a coastal permit to do something that would otherwise contravene section 26 section 28
g: in the case of a subdivision consent, a condition described in subpart 4
h: in the case of a resource consent for reclamation, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 10
i: in the case of a coastal permit to occupy any part of the common marine and coastal area, a condition—
i: detailing the extent of the exclusion of other persons:
ii: specifying any coastal occupation charge:
j: a condition requiring the holder of a resource consent to supply to the consent authority information relating to the exercise of the resource consent:
k: a condition directly connected to a wastewater environmental performance standard made under section 138
2: Without limiting subsection (1)(j), a condition made under that subsection may require the holder of the resource consent to do 1 or more of the following:
a: to make and record measurements:
b: to take and supply samples:
c: to carry out analyses, surveys, investigations, inspections, or other specified tests:
d: to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner:
e: to provide information to the consent authority at a specified time or times:
f: to provide information to the consent authority in a specified manner and, if applicable, in a manner consistent with any regulations, including the national planning framework, made under a relevant empowering provision in this Act:
g: to comply with the condition at the holder of the resource consent's expense.
3: A consent authority must not include a condition requiring an environmental contribution unless—
a: the condition is imposed in accordance with the purposes specified in the plan or (including the purpose of ensuring positive effects on the environment to offset any adverse effect); and
b: the level of contribution is determined in the manner described in the plan.
4: A condition under subsection (1)(e) may, among other things, provide that the covenant may be varied or cancelled or renewed at any time by agreement between the consent holder and the consent authority.
5: Before including a condition under subsection (1)(f), the consent authority—
a: must have had regard to—
i: the nature of the discharge and the receiving environment; and
ii: other alternatives, including a condition requiring compliance with a prescribed limit; and
b: must be satisfied in the particular circumstances that including the condition is the most efficient and effective means of—
i: preventing or minimising any actual or likely adverse effect on the environment; and
ii: achieving environmental limits or targets. 1991 No 69
296: Adaptive management approach
1: A consent authority may grant a resource consent that includes a condition that requires, or conditions that form, an adaptive management approach.
2: An adaptive management approach—
a: must allow an activity to commence on a small scale, or for a short period, or in stages, to allow its effects to be monitored; and
b: must require baseline information for—
i: monitoring and reporting; and
ii: setting triggers and limits (other than an environmental limit) for the purpose of monitoring and reporting; and
c: must require ongoing monitoring and reporting; and
d: may require certification and review of environmental management plans; and
e: may include provisions to allow for an activity to step back to a previous stage or cease temporarily where triggers are met, to allow for management practices or monitoring requirements to be adapted accordingly; and
f: may include provisions to allow for an activity to be discontinued permanently (in circumstances where the effects are found to be unanticipated at the time consent was granted).
3: In determining the use of an adaptive management approach, the consent authority must consider—
a: whether there is adequate evidence that using an adaptive management approach will—
i: sufficiently reduce uncertainty about the effects of the activity; and
ii: adequately manage any remaining risk; and
b: the extent of any environmental risk (including the consequences if the risk is realised); and
c: the importance of the activity for which the consent relates; and
d: the degree of uncertainty about the effects of the activity; and
e: whether and the extent to which the adaptive management approach will sufficiently diminish the risk and the uncertainty.
4: A consent authority may decide that an adaptive management approach sufficiently diminishes the risk and uncertainty if it is satisfied that—
a: there is sufficient monitoring of the receiving environment to set appropriate indicators and compliance limits; and
b: the conditions provide for effective monitoring of adverse effects using appropriate indicators; and
c: indicators are set to prompt remedial action before adverse effects occur or reach unacceptable levels; and
d: any effects that might arise can be remedied before they become irreversible.
297: Use of environmental contributions
A consent authority that has received a cash contribution under section 295(1)(b) 1991 No 69 s 111
298: Refund of environmental contributions
1: Subsection (2) applies if a consent is granted with a condition requiring an environmental contribution in money or land or both, and the consent lapses under section 332 section 333
2: The consent authority must refund the money, or return the land, to the consent holder.
3: However, the consent authority may retain a portion of the money or land to the value equivalent to the costs incurred in relation to the consenting of the activity. 1991 No 69 s 110
299: Limits to setting environmental contributions
A consent authority must not impose a condition requiring payment of an environmental contribution under this Part in respect of an activity if, and to the extent that, a development contribution (within the meaning of the Local Government Act 2002 2002 No 84 s 200(1)(a)
300: Condition of certain consents to pay rent, royalties, etc
1: It is a condition of every coastal permit authorising the holder to remove any sand, shingle, shell, or other natural material from any land that the holder must, at all times throughout the period of the permit, pay to the relevant regional council, on behalf of the Crown,—
a: if the permit was permitted to be granted by virtue of an authorisation granted under section 506
b: any sum of money required to be paid by any regulation made under section 790(1)(b)
2: It is a condition of every water permit granted to do something that would otherwise contravene section 25(3)(c) section 790(1)(b)
3: If an activity specified in subsection (1) or (2) is a permitted activity in a plan, it is a condition of the plan that the person undertaking the activity must at all times throughout the period during which the activity is undertaken pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulations made under section 790(1)(b) 1991 No 69 s 112 Formal requirements about decisions
301: Decisions on applications to be in writing, etc
1: Every decision on an application for a resource consent that is notified must be in writing and state—
a: the reasons for the decision; and
b: the relevant statutory provisions that were considered by the consent authority; and
c: any relevant provisions of the following that were considered by the consent authority:
i: the national planning framework:
ii: a plan:
iii: a proposed plan; and
d: the principal issues that were in contention; and
e: a summary of the evidence heard; and
f: the main findings on the principal issues that were in contention; and
g: if a resource consent is granted for a shorter duration than specified in the application, the reasons for deciding on the shorter duration.
2: Without limiting subsection (1), if a resource consent is granted which, when exercised, is likely to allow any of the effects described in section 292(2)
3: A decision prepared under subsection (1) may,—
a: instead of repeating material, cross-refer to all or a part of—
i: the assessment of environmental effects provided by the applicant concerned:
ii: any report prepared under section 249 clause 89 92
b: adopt all or a part of the assessment or report, and cross-refer to the material accordingly.
4: Every decision on an application for a resource consent that is not notified—
a: must be in writing and state the reasons for the decision:
b: may do anything mentioned in subsection (3). 1991 No 69 s 113
302: Time limits for notification of decision
1: Notice of a decision on an application for a resource consent must be given under section 303
2: If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing.
3: If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the consent authority.
4: If the application was notified and a hearing is not held, notice of the decision must be given within 20 working days after the closing date for submissions on the application.
5: If a hearing is cancelled, notice of the decision must be given within 20 working days after the date the hearing is cancelled. 1991 No 69 s 115
303: Notification of decision
1: A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on the applicant.
2: A consent authority must ensure that a notice of decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on—
a: submitters; and
b: other persons and authorities that it considers appropriate.
3: If the consent authority serves a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district (if the consent authority is a territorial authority) or region (in all other cases); and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received.
4: If the decision is to grant an application that section 293
a: send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 chief executive
b: advise the applicant that—
i: the decision is still subject to an aquaculture decision by the chief executive (which will be made following the determination of all appeals against the decision, if any); and
ii: the consent may commence only in accordance with section 324
c: if there is no appeal relating to the decision, or following completion of any such appeal,—
i: send a copy of the final decision to the chief executive; and
ii: request an aquaculture decision from the chief executive under the Fisheries Act 1996
5: If a consent authority forwards, at the same time, 2 or more decisions to the chief executive under subsection (4)(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.
6: Subsection (4) does not apply if—
a: the decision relates to an application for a change or cancellation of the conditions of a consent under section 334 section 341 section 487
b: that consent had conditions specified under section 186H(3)
c: the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive makes a further aquaculture decision. 1991 No 69 s 114 Resolution of certain disputes before application for resource consent determined
304: Purpose and overview of regional ADR
1: The purpose of the regional ADR process is to enable parties to resolve disputes—
a: relating to an activity for which an application for certain resource consents has been made but not determined:
b: efficiently and in a manner that is proportionate to the nature of the dispute.
2: Sections 305 to 312
a: provide for the use of regional ADR to resolve disputes when required by a plan ( plan-directed ADR
b: enable the use of regional ADR if all parties agree ( voluntary regional ADR
c: provide that the adjudicator’s decision in a regional ADR—
i: determines the matter in dispute and the consent application; and
ii: may not be appealed if it is voluntary regional ADR.
305: Use of regional ADR
1: A regional ADR process may be used to resolve disputes that—
a: relate to an activity that is anticipated, non-notified, or limited-notified; and
b: relate to matters that are discrete or confined to a particular location only.
2: Regional ADR may be used only if the consent authority has not determined the application for the resource consent to which the dispute relates.
3: Sections 276 to 285
306: Matter that must be considered before providing for regional ADR in plan
Before providing for the use of regional ADR in a plan, a regional planning committee must—
a: consider the criteria in section 305
b: consider the requirements of Part 5
c: consider any relevant Treaty settlement legislation and implications affecting iwi, hapū, or Māori, and not require the use of regional ADR where that would be inconsistent with that legislation or have implications affecting iwi, hapū, or Māori.
307: Where plan requires party to use regional ADR to resolve dispute
1: Parties must use plan-directed regional ADR to resolve a dispute if the plan requires it to be used in a dispute.
2: Subsection (1) does not apply if all the parties agree to use voluntary regional ADR to resolve the dispute.
308: Party who wishes to use regional ADR must give notice
A party who wishes to use a voluntary or plan-directed regional ADR process must—
a: give notice of the dispute ( ADR notice
i: to every other party, each person who made a submission, and each limited-notified affected person; and
ii: no later than 5 working days after the closing date for submissions; but
b: if the matter relates to a non-notified application, give notice of the dispute to every other party at any time before the application is determined.
309: How voluntary regional ADR process confirmed
1: A voluntary regional ADR process may be used if—
a: each party gives a confirmation notice to the consent authority no later than 5 working days after they receive the ADR notice; and
b: the consent authority is satisfied that the process is appropriate after considering any relevant Treaty settlement legislation and implications affecting iwi, hapū, or Māori.
2: The consent authority must, no later than 5 working days after it has received a confirmation notice from each party,—
a: advise each party whether the voluntary regional ADR process may be used (in accordance with the criteria in section 305
b: give each party a list of accredited adjudicators.
3: If a party does not participate or respond within 5 working days after receipt of the ADR notice, the consent application must be processed in accordance with sections 276 to 284
4: In this section, confirmation notice
310: How plan-directed regional ADR process confirmed
1: A consent authority must, no later than 5 working days after an ADR notice is received by all the parties,—
a: advise the parties whether plan-directed regional ADR may be used (in accordance with the criteria in section 305
b: if the plan-directed regional ADR is available, give each party a list of accredited adjudicators.
2: However, if the consent authority receives updated application information, the consent authority must confirm the availability of plan-directed regional ADR within 5 working days after the date on which the information is received.
311: Adjudication of dispute and effect of adjudicator’s decision
1: An adjudicator must be appointed from the consent authority’s list of accredited adjudicators,—
a: at the agreement of the parties, no later than 5 working days after receiving the list; or
b: by the consent authority, if the parties do not agree.
2: The ADR process must be held as soon as reasonably practicable and, for that purpose, the adjudicator must—
a: specify a time not exceeding 1 day for the ADR process to be completed; and
b: notify the parties.
3: During the ADR process, the adjudicator must try to help the parties to agree to an outcome.
4: This Part applies with all necessary modifications to the ADR process (as if the adjudicator were the consent authority) except to the extent this subpart provides otherwise.
5: An outcome agreed between the parties determines the matter in dispute and the consent application.
6: If the parties do not agree to an outcome, the adjudicator must—
a: decide the dispute no later than 5 working days after the ADR process is completed; and
b: give the decision in writing to the parties and the consent authority.
7: The adjudicator’s decision—
a: determines the matter in dispute and the consent application; and
b: is binding on the parties and the consent authority.
8: The adjudicator's decision in a voluntary regional ADR may not be appealed.
9: The consent authority may correct minor mistakes or defects in the adjudicator’s decision no later than 20 working days after it is given.
312: Appeal against decision in plan-directed ADR
1: A party to an adjudicator’s decision in a plan-directed regional ADR may apply for leave to appeal against the decision to the Environment Court.
2: An application for leave must be made to the Environment Court no later than 10 working days after the date on which the party received the adjudicator's decision.
3: The parties to an application for leave, and to an appeal, are the parties to the adjudication (including the consent authority).
4: The court must not give leave unless it is satisfied that the appeal raises a material question of law or fact, including (for example) an issue arising under te Tiriti o Waitangi
5: If the court hears an appeal, the court must have regard to the adjudicator’s decision and the submissions of the parties before determining the matter under appeal.
6: The consent authority must take any action necessary to give effect to the court’s determination of the matter under appeal. Appeals
313: Right to appeal
1: Any 1 or more of the following persons may appeal to the Environment Court in accordance with section 314
a: the applicant or consent holder:
b: any person who made a submission on the application or review of consent conditions.
2: A person exercising a right of appeal under subsection (1)(b) may appeal—
a: any matter that was raised in the person’s submission except any part of the submission that is struck out under clause 90
b: any matter that was not raised in the person’s submission.
3: This section is in addition to the rights provided for in sections 765 766 768 770 1991 No 69 s 120
314: Procedure for appeal
1: Notice of an appeal under section 313
a: state the reasons for the appeal and the relief sought; and
b: state any matters required by regulations made under section 801
c: be lodged with the Environment Court and served on the consent authority whose decision is appealed within 5 working days of notice of the decision being received in accordance with this Act.
2: The appellant must ensure that a copy of the notice of appeal is served on every person referred to in section 313 1991 No 69 s 121
6: Nature of consents, review, and transfer
Nature of resource consent
315: Consents not real or personal property
1: A resource consent is neither real nor personal property.
2: Unless the conditions of a consent expressly state otherwise,—
a: on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and the personal representative may deal with the consent to the same extent as the holder would have been able to do; and
b: on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and the Official Assignee may deal with the consent to the same extent as the holder would have been able to do; and
c: a consent must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988
3: The holder of a resource consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.
4: The Personal Property Securities Act 1999
a: the resource consent were goods within the meaning of that Act; and
b: the resource consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts).
5: Subsection (4) is subject to the provisions of this Act, and in particular to subsection (3). 1991 No 69 s 122(1)–(4)
316: Resource consents for water-related activities does not convey property right in water
A resource consent for an activity relating to water does not convey any property rights in the water.
317: Coastal permits
1: No coastal permit may be regarded as—
a: an authority for the holder to occupy a coastal marine area to the exclusion of all or any class of persons; or
b: conferring on the holder the same rights in relation to the use and occupation of the area against those persons as if they were a tenant or licensee of the land.
2: No coastal permit may be regarded as an authority for the holder to remove sand, shingle, shell, or other natural material as if it were a licence or profit à prendre.
3: However, subsections (1) and (2) do not apply—
a: to the extent that the coastal permit expressly provides otherwise; and
b: to the extent that is reasonably necessary to achieve the purpose of the coastal permit. 1991 No 69 s 122(5), (6) Commencement of resource consents
318: When resource consent commences: generally
1: A resource consent that has been granted commences—
a: when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or
b: when the Environment Court determines the appeals or all appellants withdraw their appeals; or
c: on a later date stated in the consent or any other date determined by the Environment Court.
2: However, this section is subject to sections 319 to 325 1991 No 69 s 116(1)
319: When resource consent commences: non-notified application
1: This section applies to a resource consent that has been granted—
a: for a non-notified application; or
b: for a notified application where the time for lodging submissions has expired and—
i: no submissions are received; or
ii: all submissions received are withdrawn before a decision is made.
2: The resource consent commences on the date on which the decision on the application is notified under section 303 section 765
3: If an appeal has been lodged, section 318(1)
4: If an objection has been made, section 320 1991 No 69 s 116(1A)
320: When resource consent commences: if objection made
If an objection has been made under section 765 section 771 1991 No 69 s 116(1AB)
321: When resource consent commences: section 262(3) cases
A resource consent to which section 262(3)
a: in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 747(2)
b: in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 605 1991 No 69 s 116(2)
322: When resource consent commences: consent granted by Environment Court or board of inquiry
1: Where the Environment Court grants a resource consent under section 236 clause 85
2: Where a board of inquiry grants a resource consent under clause 81 1991 No 69 s 116(4), (5)
323: When resource consent commences: common marine and coastal area
If a resource consent is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) 1991 No 69 s 116(6)
324: When coastal permit for certain aquaculture activities may commence
1: A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section unless it is a coastal permit that does not require an aquaculture decision under the Fisheries Act 1996 section 318
2: If the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 chief executive section 186H
a: amend the permit, if necessary, to note any conditions specified under section 186H(3)
b: notify the applicant that the permit commences in respect of the area that is the subject of the determination on the date of notification under this paragraph or, if the permit specifies a later commencement date, on that date.
3: If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision in accordance with section 186H
a: amend the permit to remove the areas affected by the reservation; and
b: provide the applicant with a copy of the amended permit; and
c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
4: If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision in accordance with section 186H
a: amend the permit to show the areas affected by the reservation; and
b: provide the applicant with a copy of the amended permit; and
c: notify the applicant that the permit will not commence in the area affected by the reservation, unless—
i: an aquaculture agreement is registered in accordance with section 186ZH
ii: a compensation declaration has been registered under section 186ZHA
5: If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH 186ZHA
a: amend the permit so that it no longer shows the areas affected by the reservation; and
b: provide the applicant with a copy of the amended permit; and
c: notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.
6: If subsection (5) applies, then for the purposes of section 332
7: If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK
a: amend the permit to remove the areas affected by the reservation; and
b: provide the applicant with a copy of the amended permit; and
c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
8: If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant.
9: Subsections (3) and (7) apply even if the permit was granted under section 286 1991 No 69 s 116A
325: When resource consent commences if subject to grant of application to exchange recreation reserve land
If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA
a: the consent authority must notify the applicant when the procedures in sections 15 15AA
b: the resource consent commences on—
i: the date of the notification under paragraph (a); or
ii: any later date that is specified in the notification. 1991 No 69 s 116B Duration
326: Duration of consent
1: The duration of a resource consent must be determined in accordance with this section unless section 335 336 section 327
2: The maximum period for which any of the following resource consents may be granted is unlimited:
a: coastal permit for a reclamation:
b: land use consent in respect of a reclamation that would otherwise contravene section 24
c: other land use consent:
d: subdivision consent.
3: The maximum period for which any other resource consent may be granted is—
a: a period specified in the consent not exceeding 35 years from the date of the commencement of the consent; or
b: 5 years from the date of the commencement of the consent if no period is specified.
4: The national planning framework or a plan may permit or require a specified type of resource consent to be granted for a specified period that does not exceed the maximum period for the consent.
5: If, in relation to an application for a resource consent that is before a consent authority, the national planning framework or the plan does not specify a period for the duration of the consent,—
a: the consent authority may specify the period for which the consent is granted; but
b: the period must not exceed the maximum period for the consent.
6: A consent authority may grant a resource consent for a period that is shorter than the maximum period for the purpose of meeting a system outcome.
7: If a resource consent does not specify the period for which the consent is granted, the consent is granted for the maximum period for that consent.
8: This section is subject to section 332 1991 No 69 s 123
327: Duration of consent for aquaculture activities
1: A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted.
2: The specified period must be not less than 20 years from the date of commencement of the consent under section 324
a: the applicant has requested a shorter period; or
b: a shorter period is required to ensure that adverse effects on the environment are adequately managed; or
c: a framework rule expressly allows a shorter period.
3: The specified period must be not more than 35 years from the date of commencement of the consent under section 324
4: This section applies subject to section 332 1991 No 69 s 123A
328: Exercise of resource consent while applying for new consent
1: Subsection (3) applies when—
a: a resource consent is due to expire; and
b: the consent holder applies for a new consent for the same activity; and
c: the application is made to the appropriate consent authority; and
d: the application is made at least 6 months before the expiry of the existing consent.
2: Subsection (3) also applies when—
a: a resource consent is due to expire; and
b: the consent holder applies for a new consent for the same activity; and
c: the application is made to the appropriate consent authority; and
d: the application is made in the period that—
i: begins 6 months before the expiry of the existing consent; and
ii: ends 3 months before the expiry of the existing consent; and
e: the consent authority, in its discretion, allows the holder to continue to operate.
3: The holder may continue to operate under the existing consent until—
a: a new consent is granted and all appeals are determined; or
b: a new consent is declined and all appeals are determined.
4: This section does not apply to an application to which section 487 1991 No 69 s 124
329: When sections 330 and 331 apply and when they do not apply
1: Sections 330 331 section 328
2: Sections 330 331 section 328
a: they apply if, when the application is made,—
i: the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
ii: the relevant plan does not expressly say that sections 329 to 331
b: they apply to the extent to which the amount of the resource sought by a person described in section 330(1)(a) and (b)
i: is allocated to the same type of activity; and
ii: is left after the deduction of every amount allocated to every other existing resource consent.
3: Sections 330 331 section 328 sections 329 to 331
4: Sections 330 331 section 328
a: it is subject to the comparative consenting process; or
b: a market-based allocation method is used to determine the allocation of a right to apply for a new resource consent for the same activity. 1991 No 69 s 124A
330: Applications by existing holders of resource consents
1: This section applies when—
a: a person ( person A sections 23 to 26
b: person A makes an application that is affected by section 328
c: the consent authority receives 1 or more other applications for a resource consent that—
i: are to undertake an activity using some or all of the natural resource to which the existing consent relates; and
ii: could not be fully exercised until the expiry of the existing consent.
2: Person A’s application is entitled to priority over every other application.
3: The consent authority must determine person A’s application before it determines any other application.
4: The consent authority must determine person A’s application by applying all the relevant provisions of this Act and considering—
a: the efficiency of the person's use of the resource; and
b: the use of industry good practice by the person; and
c: the person’s compliance history.
5: For the purpose of subsection (1)(b), person A’s application—
a: must not be subject to the comparative application consenting process; and
b: must not relate to a natural resource for which a market-based allocation method is used to determine a right to apply for a new resource consent for the same activity.
6: In this section,— compliance history Resource Management Act 1991 other application person A’s application 1991 No 69 s 124B
331: Applications by persons who are not existing holders of resource consents
1: This section applies when—
a: a person makes an application for a resource consent to undertake an activity under any of sections 23 to 26
b: the person does not hold an existing consent for the same activity using some or all of the same natural resource; and
c: a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 330(1)(a)
d: the person makes the application more than 3 months before the expiry of the consent described in section 330(1)(a)
2: The consent authority must—
a: hold the application without processing it; and
b: notify the holder of the existing consent—
i: that the application has been received; and
ii: that the holder may make an application affected by section 328
3: If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 328
4: If the holder of the existing consent does not make an application affected by section 328
5: If the holder of the existing consent makes an application affected by section 328
6: If the result of the determination of the holder's application and any appeal is that the holder's application affected by section 328 1991 No 69 s 124C
332: Lapsing of consents
1: A resource consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent.
2: However, a consent does not lapse under subsection (1) if, before the consent lapses,—
a: the consent is given effect to; or
b: an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
i: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
ii: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
iii: the effect of the extension on the outcomes and policies in a plan.
3: For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 577 section 584 1991 No 69 s 125(1), (1A), (2), (3)
333: Cancellation of consent
1: A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years.
2: Subsection (1) does not apply if—
a: the resource consent expressly provides otherwise; or
b: within 3 months after service of the notice, the consent holder applies to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—
i: whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
ii: the effect of the revocation of the notice on the outcomes and policies in a plan. 1991 No 69 s 126(1), (2)
334: Change or cancellation of consent condition on application by consent holder
1: A consent holder may apply to a consent authority for a change or cancellation of a condition of the consent if—
a: the proposed change or cancellation—
i: will not result in a materially different activity (than the activity for which consent was granted); and
ii: does not relate to the duration of the consent; and
b: the application is made before the deposit of the survey plan.
2: Sections 239 to 314
a: the application were an application for a resource consent for an anticipated activity; and
b: the references to a resource consent and to the activity were references only to—
i: the change or cancellation of a condition; and
ii: the effects of that change or cancellation.
3: If the resource consent is a coastal permit authorising aquaculture activities in the coastal marine area, an aquaculture decision is not required if the application—
a: proposes to change or cancel a condition of the consent; but
b: does not propose to change or cancel a condition specified under section 186H(3)
4: For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who—
a: made a submission on the original application; and
b: may be affected by the change or cancellation. 1991 No 69 s 127(1), (3), (4)
335: Duration of certain resource consent activities
10-year resource consent duration for certain activities
1: The maximum duration of a resource consent that may be issued by a consent authority for any of the following activities is 10 years:
a: the taking, using, damming, or diverting of freshwater excluding open coastal water and geothermal water:
b: the discharge of any contaminant or water into freshwater:
c: the discharge of any contaminant onto or into land in circumstances that may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering freshwater:
d: a land use activity that would otherwise contravene section 26(1)(a) and (b) Effect of updates to plan under section 100 on consent duration
2: However, if, as a result of a plan being updated under section 100
a: subsection (1) ceases, on and from the date that the updated provisions of the plan take effect, to apply to the duration of a resource consent for an activity relating to that resource; and
b: the consent authority must, instead, determine the duration of the resource consent in accordance with sections 286 326
3: Subsections (1) and (2) are subject to section 336
336: When section 335 does not affect duration of resource consent
1: Section 335
a: an applicant for a resource consent—
i: seeks, as part of their resource consent application, a determination from the consent authority that section 335
ii: demonstrates that the application is primarily for an activity described in subsection (3); and
b: the consent authority determines that section 335
2: If subsection (1)(b) applies, the consent authority must determine the duration of the resource consent in accordance with sections 296 326
3: The activities referred to in subsection (1)(a)(ii) and (b) are—
a: the construction, operation, upgrading, or maintenance of local authority or community reticulated water supply networks:
b: the construction, operation, upgrading, and maintenance of infrastructure that forms part of a public wastewater or stormwater network:
c: the operation, upgrading, or maintenance of any hydro-electricity generation scheme that exists on the day after this Act receives the Royal assent:
d: the construction, operation, upgrading, or maintenance of any of the following infrastructure activities:
i: State highways:
ii: the high-pressure gas transmission pipeline network operating in the North Island:
iii: the national grid electricity transmission network or a local distribution network:
iv: the New Zealand rail network (including light rail):
v: renewable electricity generation facilities, excluding any hydro-electricity generation facility, that connect directly to the national grid electricity transmission network or that connect to a local distribution network:
vi: any airport used for regular air transport services by aeroplanes capable of carrying more than 30 passengers:
vii: port facilities of each port company referred to in item 6 of Part A
viii: infrastructure that forms part of a public telecommunications network:
e: replacement, repair, or removal activities for the purpose of an activity described in paragraphs (a) to (d):
f: an activity specified in an Order in Council made under subsection (5).
4: The activities described in subsection (3)(d)(vi) and (vii) do not include any ancillary commercial activity or facilities for that activity.
5: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify further activities for the purpose of this section.
6: Before making a recommendation under subsection (5), the Minister must be satisfied that the activity is—
a: an infrastructure activity that has regional or national significance; or
b: an activity that is associated with an activity described in paragraph (a); or
c: the construction, operation, upgrading, and maintenance of water storage facilities for the purpose of improving outcomes related to resilience to environmental change or climate change.
7: An order made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Review of consent conditions by consent authority
337: Circumstances when consent conditions can be reviewed
1: A consent authority must, in accordance with section 338
a: required by an order made by the Environment Court under section 706(6)(b)
b: the national planning framework or a plan requires a review of conditions of a consent (other than for a subdivision) in the circumstances described in subsection (3) or (4); or
c: the national planning framework or a plan requires a review of the conditions of the consent for the purpose of considering consent duration (regardless of whether a condition relating to consent duration was included when the consent was granted).
2: A consent authority may, in accordance with section 338
a: at any time or times specified in the consent for any of the following purposes:
i: to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or
ii: to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 26 28
iii: for any other purpose specified in the consent; or
b: if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions; or
c: if the NBE regulator determines that the consent holder has breached 1 or more conditions of the consent.
3: A consent issued by a consent authority that is a territorial authority may also be reviewed if there are exceptional circumstances where—
a: it is necessary to adapt to the effects of climate change or to avoid, mitigate, or reduce risks from natural hazards; or
b: there is risk of significant harm or damage to human health, property, or the natural environment,— regardless of whether a review is a requirement of the national planning framework or a plan.
4: A consent issued by a consent authority that is a regional council may be reviewed in any of the following circumstances regardless of whether the review is a requirement of the national planning framework or a plan:
a: it is necessary to ensure compliance with environmental limits and achieve targets:
b: it is necessary to adapt to the effects of climate change or to avoid, mitigate, or reduce risks from natural hazards:
c: there is new information that identifies significant harm or damage to human health, property, or the natural environment.
5: A consent authority must not review the conditions of a consent for the purpose of considering consent duration unless required by the national planning framework or a plan ( see also section 341(2)
6: A regional council must notify the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996
a: it intends to review a condition of a coastal permit authorising an aquaculture activity in the coastal marine area; and
b: the condition is specified under section 186H(3)
7: To avoid doubt, consent authorities may review different types of consents as a group at the same time.
8: The national planning framework and a plan may require a review of the conditions of the consent for the purpose of considering consent duration (regardless of whether a condition relating to consent duration was included when the consent was granted),—
a: for a consent issued by a territorial authority, only if there are exceptional circumstances described in subsection (3); and
b: for a consent issued by a regional council, only in the circumstances permitted by subsection (4). 1991 No 69 s 128
338: Notice of review
1: A notice of intent to review the conditions of a consent under section 337
a: must advise the consent holder of the conditions of the consent which are the subject of the review; and
b: must state the reasons for the review; and
c: must specify the information which the consent authority took into account in making its decision to review the consent, unless the notice is given under section 337(1)(a) or (2)(a)
d: must advise a consent holder by whom a charge is payable under section 757
i: of the fact that the charge is payable; and
ii: of the estimated amount of the charge; and
e: may propose, and invite the consent holder to propose within 20 working days of service of the notice, new consent conditions; and
f: must, if applicable, advise if the consent authority intends to review the conditions of the resource consent together with its review of the conditions of other resource consents.
2: If notification of the review is required under section 339
a: 30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or
b: 10 working days after the service of the notice (if the consent holder is not invited to propose new conditions). 1991 No 69 s 129
339: Public notification, submissions, and hearing, etc
1: Sections 272 to 281
a: the notice of review under section 338
b: the consent holder were the applicant for the resource consent.
2: Sections 264 to 271
a: the review of consent conditions were an application for a resource consent for a discretionary activity unless the national planning framework or a plan prescribes a more lenient activity category; and
b: the references to a resource consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively.
3: If a plan states that a rule will affect the exercise of existing resource consents under section 173(2)
a: is not required to comply with sections 264 to 271
b: must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 338
4: Despite subsection (3), if a consent authority considers special circumstances exist, it may require that a review be notified and a hearing be held even if a plan expressly states that a rule affects the exercise of existing consents under section 173(2)
5: If the consent authority is reviewing the conditions of a coastal, water, or discharge permit, or a land use consent granted by a regional council, and since the consent was granted a relevant framework rule has been made, the consent authority must serve on the Minister notice of the review, and the Minister may—
a: make a submission to the consent authority; and
b: request to be heard. 1991 No 69 s 130
340: Matters to be considered in review
1: When reviewing the conditions of a resource consent, the consent authority—
a: must have regard to the matters in section 286
b: must have regard to the extent and scale to which the activity can still be carried out after the change; and
c: in the case of a review under section 337(2)(a)
d: must consider what arrangements or measures are necessary to facilitate compliance of new varied or new conditions by the consent holder; and
e: may have regard to the manner in which the consent has been used.
2: Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 26 28
a: the nature of the discharge and the receiving environment; and
b: the financial implications for the applicant of including that condition; and
c: other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment. 1991 No 69 s 131
341: Decisions on review of consent conditions
1: A consent authority may change the conditions of a resource consent on a review under section 337
2: However, if required by the national planning framework or a plan in accordance with section 337(8)
a: must review the conditions of the consent for the purpose of considering consent duration only to the extent authorised by the framework or plan; and
b: may, when making a decision on the review, change or impose a condition relating to the duration of the consent regardless of whether a condition relating to duration was included when the consent was granted.
3: Sections 303(4) 324 section 337(6)
4: Sections 291 to 303 318 to 323 sections 313 314 section 337
a: the review were an application for a resource consent; and
b: the consent holder were an applicant for a resource consent.
5: A consent authority may cancel a resource consent if—
a: it reviews the consent under section 337(2)(b)
b: the application for the consent contained inaccuracies that the authority considers materially influenced the decision made on the application; and
c: there are significant adverse effects on the environment resulting from the exercise of the consent.
6: A consent authority may also cancel a resource consent if—
a: it reviews the consent under section 337(1)(a)
b: there are significant adverse effects on the environment resulting from the exercise of the consent.
7: A territorial consent authority may cancel a land use consent issued by it following a review only if the land use consent cannot comply with plan rules that—
a: give effect to any parts of the national planning framework relating to the natural environment; or
b: give effect to any parts of the national planning framework relating to—
i: the avoidance, reduction, or mitigation of risks associated with natural hazards; or
ii: contaminated land; or
iii: adaptation to climate change; or
iv: mitigation of climate change; or
c: avoid, mitigate, or reduce risks associated with natural hazards or climate change, or provide for adaptation to or mitigation of climate change (even if there is no national planning framework provision on those matters); or
d: deal with contaminated land (even if there is no national planning framework provision on the matter).
8: A regional consent authority may cancel a consent issued by it following a review if—
a: a relevant environmental limit is breached or is likely to be breached resulting in significant adverse effects on the environment; and
b: there are significant adverse effects on the environment that cannot be rectified through any consent condition. 1991 No 69 s 132
342: Powers under Part 11 not affected
Nothing in sections 334 to 341 Part 11 1991 No 69 s 133
343: Minor corrections of resource consents
A consent authority that grants a resource consent may, within 20 working days of the grant, issue an amended consent that corrects minor mistakes or defects in the consent. 1991 No 69 s 133A Transfer of consents
344: Land use and subdivision consents attach to land
1: A land use consent and a subdivision consent attaches to the land to which the consent relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the consent expressly provides otherwise.
2: Subsection (1) does not apply to a land use consent to do something that would otherwise contravene section 24
3: The holder of a land use consent described in subsection (2) may transfer the whole or any part of the holder's interest in the consent to any other person unless the consent expressly provides otherwise.
4: The transfer of the holder's interest in a consent described in subsection (2) has no effect until written notice of the transfer is given to the consent authority that granted the consent. 1991 No 69 s 134(1)–(4)
345: Transferability of coastal permits
1: A holder of a coastal permit—
a: may transfer the whole or any part of the holder's interest in the permit to any other person:
b: may not transfer the whole or any part of the holder's interest in the permit to another site— unless the consent or a plan rule expressly provides otherwise.
2: The transfer of the holder's interest in a coastal permit has no effect until written notice of the transfer is given to the consent authority that granted the permit. 1991 No 69 s 135
346: Transferability of water permits
1: A holder of a water permit granted for damming or diverting water may transfer the whole of the holder's interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site.
2: A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder's interest in the permit—
a: to any owner or occupier of the site in respect of which the permit is granted; or
b: to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer—
i: is expressly allowed by a plan; or
ii: has been approved by the consent authority that granted the permit on an application for transfer under subsection (5).
3: A transfer under subsection (1) or (2) may be for a limited period.
4: A transfer under any of subsections (1), (2)(a), and (2)(b)(i) has no effect until written notice of the transfer is received by the consent authority that granted the permit.
5: An application for transfer under subsection (2)(b)(ii)—
a: must be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and
b: must be considered in accordance with sections 239 to 258 302 313 314 clauses 79 to 91
i: the application for a transfer were an application for a resource consent; and
ii: the consent holder were an applicant for a resource consent.
6: When considering an application for transfer under subsection (2)(b)(ii), the consent authority must, in addition to the matters set out in section 286
7: If the transfer of the whole or part of the holder's interest in a water permit is notified under subsection (4), or approved by the consent authority under subsection (2)(b)(ii), and is not for a limited period, the original permit, or that part of the permit transferred, is deemed to be cancelled and the interest or part transferred is deemed to be a new permit—
a: on the same conditions as the original permit (if subsection (4) applies); or
b: on such conditions as the consent authority determines under subsection (5) (if that subsection applies). 1991 No 69 s 136
347: Transferability of discharge permits
1: The holder of a discharge permit may—
a: transfer part or all of the holder's interest in the permit; and
b: make the transfer for part or all of the remaining period of the permit.
2: The holder may make the transfer if it—
a: is for the site for which the permit is granted; and
b: is to—
i: another owner or occupier of the site for which the permit is granted; or
ii: a local authority.
3: The holder may make the transfer if it is for another site and is to any person, if a regional plan—
a: allows the transfer; or
b: allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.
4: A plan may allow a transfer or a consent authority may allow a transfer if—
a: the transfer does not worsen the actual or potential effect of any discharges on the environment; and
b: the transfer does not result in any discharges that contravene a framework rule; and
c: if the discharge is to water, both sites are in the same catchment; and
d: if the discharge is to air and a framework rule applies to a discharge to air, both sites are in the same air-shed as defined in the framework rule; and
e: if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.
5: An application under subsection (3)(b)—
a: must be in the prescribed form (if any); and
b: must be lodged jointly by the holder and the person to whom it is proposed to transfer the interest in the permit; and
c: must be considered under sections 240 302 313 314 clauses 79 to 91
i: the application for a transfer were an application for a resource consent; and
ii: the holder were an applicant for a resource consent.
6: The transfer has no effect until the consent authority that granted the permit receives written notice of it.
7: When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—
a: the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
b: the interest, or the part of it transferred, is a new permit on the same conditions as the original permit. 1991 No 69 s 137
348: Consent authority may cancel or prevent transfer under sections 345 to 347
1: A consent authority may cancel or prevent a transfer under any of sections 345 to 347
a: with any requirements of this Act; and
b: for which enforcement action has been taken under this Act that has resulted in a conviction or a court order.
2: If a consent authority decides to cancel or prevent the transfer, it must give written notice of its decision to the transferee.
3: See section 765(1)(f)
349: Consent authority may order review of consent conditions
A consent authority may order a review of consent conditions under sections 337 to 342
a: with any requirements of this Act; and
b: for which enforcement action has been taken under this Act that has resulted in a conviction or a court order.
350: Surrender of consent
1: The holder of a resource consent may surrender the consent, either in whole or part, by giving written notice to the consent authority.
2: A consent authority may refuse to accept the surrender of part of a resource consent where it considers that the surrender of that part would—
a: affect the integrity of the consent; or
b: affect the ability of the consent holder to meet other conditions of the consent; or
c: lead to an adverse effect on the environment.
3: A person who surrenders a resource consent remains liable under this Act—
a: for any breach of conditions of the consent which occurred before the surrender of the consent; and
b: to complete any work to give effect to the consent unless the consent authority directs otherwise in its notice of acceptance of the surrender under subsection (4).
4: A surrender of a resource consent takes effect on receipt by the holder of a notice of acceptance of the surrender from the consent authority. 1991 No 69 s 138
351: Person acting under resource consent with permission
1: A reference in this Act to activities being allowed by a consent includes a reference to a person acting under a consent with the permission (including implied permission) of the holder of the consent as if the consent had been granted to the person acting under it as well as to the holder.
2: Subsection (1) is subject to—
a: any specific conditions included in the consent; and
b: section 344 1991 No 69 s 3A
352: Special provisions relating to coastal permits for dumping and incineration
Consideration of coastal permit for activities that would otherwise contravene section 27
1: When considering an application for a coastal permit to do something that would otherwise contravene section 27
a: the nature of any discharge of any contaminant which the dumping or incineration may involve, the sensitivity of the receiving environment to adverse effects, and the applicant's reasons for making the proposed choice; and
b: any possible alternative methods of disposal or combustion including any involving discharge into any other receiving environment.
2: The consent authority may require the applicant to give further information to explain any matter referred to in subsection (1)(a) and (b). The requirement must be in writing and may be made at a reasonable time before the hearing (or, if there is no hearing, the determination) of the application. Best practicable option condition
3: The consent authority may include a condition requiring the permit holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of any contaminant which may occur in the exercise of the permit.
4: A consent authority may, at any time, in accordance with section 338
5: Before deciding to include the best practicable option condition (when granting the permit or a result of a review under subsection (4)), the consent authority must—
a: have regard to—
i: the nature of any discharge of a contaminant and the receiving environment; and
ii: the financial implications for the permit holder of including that condition; and
iii: other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment; and
b: be satisfied, in the particular circumstances, that including the condition is the most efficient and effective means of removing or reducing any adverse effect. Condition to comply with requirements relating to specified information
6: It is a condition of the permit that the permit holder must—
a: comply with any requirements in regulations made under section 800
b: provide the relevant local authority each year with information specified in those regulations. Other matters
7: Sections 338 to 342 section 337
8: This section does not limit—
a: sections 249 286
b: section 294
9: In this section,— best practicable option condition permit holder section 27 1991 No 69 s 138A Certificates of compliance
353: Request for certificate of compliance
1: A person may request a consent authority to issue a certificate of compliance under section 354 section 357
2: The consent authority may require the person to provide further information if the authority considers that the information is necessary for the purpose of applying section 354
3: The person must provide the information required by the consent authority within 15 days after receiving the requirement.
4: The consent authority may return a request for a certificate of compliance to the person as incomplete—
a: within 10 working days of receipt of the request, if the relevant application fee has not been paid; or
b: within 10 working days after the expiry of the time period referred to in subsection (3), if insufficient information has been provided.
5: The consent authority must revoke a certificate of compliance if it becomes aware that information that a person provided in order to obtain the certificate contained inaccuracies that were material in satisfying the authority that it must issue the certificate. 1991 No 69 ss 139(2), (4) 139A(8)
354: Consent authorities to issue certificate of compliance
1: This section and section 355 section 353
2: The consent authority must issue a certificate of compliance if—
a: the activity can be done lawfully in the particular location without a resource consent; and
b: the request complies with the requirements prescribed by regulations made under section 801
c: the person pays the appropriate administrative charge.
3: The consent authority must issue a certificate of compliance within 20 working days of the date on which it received the request. However, if the authority requires further information under subsection (2), the counting of the 20 working days is paused on the date of the requirement and resumes when the information is received.
4: A certificate of compliance issued to the person must—
a: describe the activity and the location; and
b: state that the activity can be done lawfully in the particular location without a resource consent as at the date on which the consent authority received the request.
5: Sections 765 766 768 771
6: In this section, activity 1991 No 69 s 139(1)–(12), (14)
355: When consent authority must not issue certificate of compliance
1: A consent authority must not issue a certificate of compliance if—
a: the request for a certificate is made after a proposed plan is notified; and
b: the activity could not be done lawfully in the particular location without a resource consent under the proposed plan.
2: The consent authority must not issue a certificate of compliance if a notice for the activity is in force under section 222(1)(d)
3: The consent authority must not issue a certificate of compliance for—
a: an activity for which a permitted activity notice is required by the national planning framework or a plan ( see section 362
b: an activity for which a notice under section 222 1991 No 69 s 139(8), (8A)
356: Status of certificate of compliance
1: A certificate of compliance states that the activity can be done lawfully in a particular location without a resource consent.
2: A certificate of compliance is treated as if it were an appropriate resource consent that—
a: contains the conditions specified in an applicable framework rule; and
b: contains the conditions specified in an applicable plan.
3: A certificate of compliance treated as a resource consent is subject to sections 30 32 34
4: A certificate of compliance treated as a resource consent is subject to this Act as if it were a resource consent, except that the only sections in this Part that apply to it are sections 313(1) or (2) 332 344 to 347
5: Despite subsection (4) and section 332 1991 No 69 s 139(10)–(12)
357: EPA to issue certificate of compliance for certain activities
1: This section applies if the activity for which a certificate of compliance is sought relates to a matter that is or is part of a proposal of national significance for which a direction has been made under clause 55 63
2: If this section applies, a person may request a certificate of compliance from the EPA instead of from the consent authority.
3: Section 292
a: the EPA is treated as a consent authority; and
b: section 290(2)(b)
c: the EPA may recover its actual and reasonable costs of dealing with the request from the person making the request; and
d: if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction. 1991 No 69 s 139(13) Certificates of existing use
358: Application for certificate of existing use
1: A person may request a consent authority to issue a certificate of existing use that—
a: describes a use of land in a particular location; and
b: states that the use of the land was a use of land allowed by section 30
c: specifies—
i: the character, intensity, and scale of the use on the date on which the authority issues the certificate; and
ii: if applicable, the reduced adverse effects on the environment or the contribution towards relevant plan outcomes in the relevant plan resulting from the effects of the use of the land.
2: A person may request a consent authority to issue a certificate of existing use that—
a: describes an activity that is an existing land use allowed by section 32 section 34(1)
b: states that the activity was an activity allowed by section 32 34
c: specifies—
i: the adverse effects of the activity in terms of its character, intensity, and scale on the date on which the authority issues the certificate; and
ii: if applicable, the reduced adverse effects of the activity; and
d: describes the period for which the activity is allowed under section 32 34
3: The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate of existing use.
4: The person must provide the information required by the consent authority within 15 days after receiving the requirement.
5: The consent authority may return a request for a certificate of existing use to the person as incomplete—
a: within 10 working days of receipt of the request, if the relevant application fee has not been paid; or
b: within 10 working days after the expiry of the time period referred to in subsection (4), if insufficient information has been provided. 1991 No 69 s 139A(1)–(3)
359: Consent authorities to issue certificate of existing use
1: The consent authority must issue a certificate of existing use if—
a: it is satisfied that the use of the land is a use of land allowed by section 30
b: the application complies with the requirements prescribed by regulations made under section 801
c: it receives payment of the appropriate administrative charge.
2: The consent authority must issue a certificate of existing use if it—
a: is satisfied that the activity is an activity allowed by section 32 34
b: receives payment of the appropriate administrative charge.
3: A consent authority that must issue a certificate of existing use must do so within 20 working days after the latest of the following dates:
a: the date on which the authority receives the request; and
b: the date on which the authority receives the payment of the appropriate administrative charge.
4: However, if the consent authority requires further information under section 358(3)
5: The consent authority must revoke a certificate of existing use if it becomes aware that information provided in order to obtain the certificate contained inaccuracies material in satisfying the authority that it must issue the certificate.
6: Sections 765 766 768 to 771 1991 No 69 s 139A(4)–(8), (10)
360: Status of certificate of certificate of existing use
1: A certificate of existing use is treated as an appropriate resource consent.
2: The provisions of this Act apply to a certificate of existing use, except for sections 220 313(2) 326 to 377 1991 No 69 s 139A(9) Permitted activity notices
361: National planning framework or plan may require permitted activity notice
1: A permitted activity notice is required in relation to an activity only if the national planning framework or a plan states that it is required.
2: The national planning framework or a plan may require a permitted activity notice for the purposes of—
a: compliance monitoring and enforcement, including cost-recovery and plan effectiveness monitoring of permitted activities; and
b: ensuring any third party approval or certification is obtained as appropriate; and
c: requiring an environmental contribution to be made.
3: Without limiting the generality of subsection (2), the national planning framework or a plan may require a permitted activity notice to be issued for any of the following matters:
a: monitoring the activity for compliance with requirements, standards, or criteria in the national planning framework or plan:
b: certification by a qualified or certified person:
c: requiring that the activity be undertaken in accordance with a report or management plan prepared by a qualified person:
d: requiring work to be done by a qualified or certified person:
e: requiring a report or assessment prepared by an iwi within an area identified as having significant value to Māori:
f: requiring written approval from persons or groups who may be adversely affected by an activity.
362: Permitted activity notices
1: A consent authority must require a permitted activity notice for any matter or activity directed by a framework rule or a plan.
2: If an activity is required to be carried out under a permitted activity notice, a person must not commence the activity until—
a: they have provided the information required by the national planning framework or the plan for the consent authority to issue the notice; and
b: the authority issues the notice; and
c: if applicable, the requirements described in section 363(1)
3: If a person provides a consent authority with information in order to obtain a permitted activity notice, the consent authority—
a: must assess the information against any requirements, standards, or criteria in the national planning framework and the plan; and
b: must either—
i: issue the notice within 10 working days after the date on which the authority receives the information; or
ii: not issue the notice and return any information that is incomplete or inconsistent with the requirements within 5 working days after the date on which the authority receives the information and give reasons (in writing) for its return; but
c: must not seek further information.
4: If a permitted activity notice is issued, the activity permitted by the notice must be carried out in accordance with the information provided in the request for the notice.
5: If a permitted activity notice is revoked, the activity permitted by the notice must cease unless it is permitted by a new permitted activity notice or a resource consent.
6: The consent authority must revoke a permitted activity notice if it becomes aware that information provided in order to obtain the notice contained inaccuracies or did not comply with the prescribed requirements, and that the inaccuracies or non-compliance were material in satisfying the authority that it must issue the notice.
363: Commencement and lapsing of permitted activity notice
1: A permitted activity notice lapses 3 years after the date on which it is issued, unless the activity to which it relates commences.
2: If a permitted activity notice is for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, the requirements of section 68(1)
7: Management of particular resources and areas
1: Water conservation orders
Purpose and meaning
364: Purpose of water conservation orders
1: Despite anything to the contrary in the purpose of this Act, the purpose of a water conservation order is to recognise and sustain—
a: the outstanding amenity or intrinsic values of waters in their natural state; and
b: where waters are no longer in their natural state, the amenity or intrinsic values of those waters that warrant protection because they are considered to be outstanding.
2: A water conservation order may provide for any of the following:
a: the preservation, as far as possible in its natural state, of a water body that is considered to be outstanding:
b: the protection of the characteristics that a water body has, or contributes to, and which are considered to be outstanding—
i: as a habitat for terrestrial or aquatic organisms:
ii: as a fishery:
iii: for its wild, scenic, or other natural characteristics:
iv: for its scientific and ecological values:
v: for recreational, historical, cultural, or spiritual purposes:
c: the protection of characteristics that a water body has, or contributes to, and that are considered to be of outstanding significance in accordance with tikanga Māori. 1991 No 69 s 199
365: Meaning of water conservation order
1: A water conservation order
a: is made under section 379 section 364
b: imposes restrictions or prohibitions on the powers and functions of regional planning committees under section 50(c) and (d)
2: The restrictions or prohibitions include those that relate, in particular, to—
a: the quality, quantity, rate of flow, or level of a water body:
b: the maximum and minimum levels, flow, or range of levels or flows for a water body:
c: the rate of change of levels or flows to be applied for or permitted for a water body:
d: the maximum allocation for abstraction consistent with the purposes of the order:
e: the maximum contaminant concentrations and loading consistent with the purposes of the order:
f: the ranges of temperature and pressure in a water body. 1991 No 69 s 200
366: How to apply for water conservation order
1: Any person may apply to the Minister to make a water conservation order for a water body.
2: The application must—
a: identify the water body for which an order is sought; and
b: state the reasons for the application, referring to the matters included in sections 364 365 372
3: The Minister may, by notice in writing, require the applicant to supply any further information relating to the application that the Minister considers necessary.
4: An application made under this section must include payment of the prescribed fee. 1991 No 69 s 201 Appointment of, and process to be followed by, special tribunal
367: Appointment of special tribunal
1: When the Minister receives an application for a water conservation order, the Minister must, as soon as practicable,—
a: appoint a special tribunal to hear and report on the application; or
b: reject the application and notify the applicant of the decision, giving reasons for rejecting the application.
2: The Minister may delay making a decision if the Minister—
a: requires further information from the applicant:
b: considers it necessary to inquire into the application.
3: Before appointing a special tribunal, the Minister must, if appropriate, consult the Minister for Māori Development and the Minister of Conservation on the membership of the tribunal. 1991 No 69 s 202
368: Administrative matters relating to special tribunal
1: A special tribunal appointed under section 367
a: no fewer than 3, and no more than 5, members; and
b: a chairperson appointed by the Minister or by the members, if the Minister declines to do so.
2: If the Minister directs, members must be paid out of money appropriated by Parliament for the purpose, in accordance with the Fees and Travelling Allowances Act 1951
a: remuneration by way of fees, salary, or allowances; and
b: travelling allowances and expenses in accordance with that Act for time spent travelling in the service of the tribunal.
3: A special tribunal is a statutory board for the purpose of the Fees and Travelling Allowances Act 1951
4: A member of a special tribunal is not liable for anything the member does or omits to do in good faith in performing or exercising the functions, duties, and powers of the tribunal. 1991 No 69 s 203
369: Public notification of application
1: A special tribunal must, as soon as practicable after it is appointed under section 367
a: public notice is given of the application; and
b: a short summary of the application is published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin with details of the Internet site where the notice may be accessed; and
c: other public notice is given of the application that the tribunal considers appropriate; and
d: notice of the application is served on—
i: the applicant; and
ii: all relevant local authorities; and
iii: the relevant iwi authorities and groups that represent hapū; and
iv: persons who hold relevant resource consents; and
v: any other persons that the tribunal considers appropriate.
2: The notices required under this section must be in a form approved by the Minister, and must—
a: describe the application and where it and all relevant information the special tribunal holds may be viewed; and
b: state that any person may make a submission on the application in writing, advising as to the effect of section 370(4)
c: enable the tribunal to consider wider matters than those raised in the application; and
d: state the closing date for submissions to be received by the tribunal, which must be the 20th working day after the application is notified or a later date if an extension of time is agreed and notified under section 787
e: state the address for service of the tribunal and each applicant.
3: The special tribunal may request further information from the applicant at any reasonable time before the hearing, applying the requirements of section 249 1991 No 69 ss 204 205(7)
370: Submissions to special tribunal
1: Any person may make a submission to the special tribunal on an application notified under section 369
2: Submissions must be made in a form approved by the Minister for the purpose and must be served not later than the date advised under section 369(2)(d)
a: the relevant regional planning committee and local authorities in the region; and
b: all applicants.
3: The requirements of section 275 section 787
4: A submitter may support the making of a water conservation order, but may prefer—
a: that an order be made over a different (but related) water body within the same catchment; or
b: that an order be made to protect different features and qualities of the water body from those identified in the application.
5: If subsection (4)
a: to make that preference known to the special tribunal; and
b: to specify the reasons for that preference, having regard to the purpose of a water conservation order ( see section 364 section 372
6: A submitter who opposes the making of an order must specify why the submitter considers the proposed order is not justified, having regard to the purpose of water conservation orders ( see section 364 see section 372
7: If a submission does not include all the matters listed in subsection (5) subsection (6)
8: A tribunal may, by notice in writing, require a submitter to supply further information relating to the submission that the tribunal considers necessary. 1991 No 69 s 205
371: Hearing by special tribunal
1: The Minister must, without delay, provide an application and any other relevant information to the special tribunal appointed under section 367
2: The provisions that apply under clauses 78 to 93
a: to a regional planning committee were references to a special tribunal; and
b: to a resource consent were references to a water conservation order.
3: If a special tribunal directs an applicant or submitter to provide briefs of evidence by a certain date (which must be at least 10 working days before a hearing), the hearing date must be not more than 40 working days after the closing date for submissions.
4: If a special tribunal does not give such direction, the hearing date must be within 25 working days after the closing date for submissions.
5: A hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates. 1969 No 69 s 206
372: Matters that must be considered by special tribunal
1: In considering an application under this subpart, a special tribunal must have particular regard to—
a: the purpose of a water conservation order; and
b: the matters set out in section 364(2)
2: The special tribunal must also have regard to—
a: the application and all submissions; and
b: the needs of primary and secondary industry and of the community; and
c: the relevant provisions of the national planning framework, and the plans for the relevant regions. 1991 No 69 s 207
373: Special tribunal to report on application
1: As soon as is reasonably practicable after the close of a hearing, a special tribunal must prepare a report on the application and give notice that must include—
a: either a draft water conservation order or a statement that the tribunal recommends that the application be declined; and
b: the reasons for the tribunal’s conclusion.
2: The special tribunal must also provide to the relevant regional planning committee, for inclusion in the plan for the region, draft provisions that give effect to the water conservation order.
3: The notice required by subsection (1)
a: the applicant; and
b: the Minister; and
c: the relevant local authorities; and
d: the 1 or more relevant regional planning committees; and
e: iwi authorities and groups that represent hapū; and
f: every person who made a submission on the application. 1991 No 69 s 208 Environment Court
374: Right to make submissions to Environment Court
1: The following persons may make submissions to the Environment Court in respect of the whole or any part of a report made under section 373
a: the applicant for the proposed water conservation order to which the report relates:
b: any submitter to the special tribunal under section 370
c: any other person granted leave by the Environment Court to submit on the grounds that the person could not reasonably be expected to know that the report of the special tribunal would affect that person or an aspect of the public interest which that person represents.
2: Submissions must be lodged with the Environment Court within 15 working days of notice of the decision being received under section 373(2)
3: A submitter must serve a copy of their submission on the following within 5 working days of lodging a submission with the Environment Court:
a: the applicant for the proposed water conservation order; and
b: the Minister; and
c: the relevant local authorities; and
d: the relevant iwi authorities and groups that represent hapū; and
e: every person who made a submission on the application; and
f: any other person that the submitter knows has made a submission to the Environment Court under this section. 1991 No 69 s 209
375: Requirement to hold inquiry
If any submissions are lodged in accordance with section 374 1991 No 69 s 210
376: Who may be heard at inquiry
The following persons may be heard in person or be represented by another person at an inquiry conducted under section 375
a: the applicant for the proposed water conservation order:
b: the Minister:
c: the local authorities whose region or district may be affected:
d: iwi authorities and groups that represent hapū:
e: every person who made a submission to the special tribunal under section 370
f: any person who is granted leave to make a submission under section 374(1)(c) 1991 No 69 s 211
377: Matters that must be considered by Environment Court
1: In conducting an inquiry, the Environment Court must have particular regard to the following:
a: the purpose of a water conservation order ( see section 364(1)
b: the matters set out in section 364(2)
2: The Environment Court must also have regard to—
a: the needs of primary and secondary industry and of the community; and
b: the relevant provisions of the national planning framework and the relevant plan and any proposed plan for the region; and
c: the report of the special tribunal and any draft water conservation order; and
d: the application and all submissions lodged with the Environment Court; and
e: any other matters that the Environment Court thinks fit. 1991 No 69 s 212
378: Report of Environment Court
1: When the Environment Court has completed its inquiry, it must report in writing to the Minister, recommending that the special tribunal’s report—
a: be rejected; or
b: be accepted, with or without modifications.
2: The Environment Court must, as appropriate,—
a: include a draft water conservation order; or
b: recommend that the application be declined.
3: The Environment Court must also provide to the relevant regional planning committee, for inclusion in the plan for the region, draft provisions that give effect to the water conservation order.
4: The Environment Court must ensure that its report is publicly notified in whatever way the Court thinks fit. 1991 No 69 s 213 Making, and revoking or amending, water conservation order
379: Making of water conservation order
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order for any water body.
2: The Minister may make a recommendation to the Governor-General, but only in accordance with—
a: the report of the special tribunal prepared under section 373
b: the report prepared by the Environment Court under section 378
3: A water conservation order 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
380: Reasons for not accepting recommendation
1: This section applies if the Minister decides not to recommend that the Governor-General make the order, even if—
a: a special tribunal recommends under section 373
b: the Environment Court recommends under section 378
2: The Minister must,—
a: within 20 sitting days after making the decision, present a written statement to the House of Representatives, setting out the reasons for that decision; and
b: within 20 working days after making the decision, serve a copy of that statement on—
i: the applicant; and
ii: every person who made a submission to the special tribunal or the Environment Court. 1991 No 69 s 215
381: Revocation or amendment of water conservation order
1: The following apply until the expiry of 2 years after the date on which a water conservation order is made:
a: an application must not be made to the Minister to revoke the order; and
b: the Minister must reject an application made under subsection (2)
i: will have no more than minor effect; or
ii: is of a technical nature and would enable the order to better achieve the purpose for which it was made; and
c: the Minister must not recommend to the Governor-General that an order be made—
i: to revoke the order; or
ii: to amend the order, unless the Minister is satisfied that the amendment is minor or technical in nature and would enable the order to better achieve the purpose for which it was made.
2: Any person may apply to the Minister to revoke or amend a water conservation order, stating the reasons for the application.
3: Except as provided in subsections (1) and (4) section 366
4: If the Minister receives an application under subsection (2)
a: the Minister is of the opinion that the application should not be rejected but, because the amendment would have only minor effect, there is no need to hold an inquiry; and
b: the original applicant for the order (if that person can be located) and the regional council agree to the amendment.
5: The Governor-General may by Order in Council made on the recommendation of the Minister under subsection (4)
6: An order made under subsection (5) see Part 3 1991 No 69 s 216 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
382: Legal effect of water conservation order
1: A water conservation order does not affect or restrict a resource consent granted, or lawful use established, in respect of the water body before the order was made.
2: If a water conservation order is operative, the relevant consent authority—
a: must not grant a water permit, coastal permit, or discharge permit that would be inconsistent with a restriction or prohibition or other provision of the order:
b: must not grant a water permit, coastal permit, or discharge permit unless the grant of such a permit or the combined effect of the grant of such a permit and existing permits relating to the water body affected by the order are such that the water conservation order can remain without change or variation:
c: must, in granting any water permit, coastal permit, or discharge permit, impose any conditions necessary to ensure that the provisions of the water conservation order are not compromised. 1991 No 69 s 217
383: Relationship between plans and water conservation order
1: Plans must give effect to a water conservation order.
2: When considering an application for a resource consent, a consent authority must take into account any relevant water conservation order.
3: Subsection (2) section 382 1991 No 69 s 69 Amendments to plan if water conservation order granted
384: Plan to be amended if water conservation order granted
1: If a water conservation order is made under section 379
2: When a water conservation order is made, the relevant regional planning committees for a region or district affected by the water conservation order must, as soon as practicable, and without using the process under Schedule 6
2: Freshwater farm plans
385: Purpose
The purpose of this subpart is to better control the adverse effects of farming on freshwater and freshwater ecosystems within specified districts, regions, or parts of New Zealand through the use of certified freshwater farm plans. 1991 No 69 s 217A
386: Interpretation
In this subpart, unless the context otherwise requires,— auditor
a: is appointed under section 395
b: meets the criteria prescribed in regulations made under section 398(1)(i) certification and audit services section 396 section 398 certified freshwater farm plan section 391 section 389(2) or (3) certifier
a: is appointed under section 395
b: meets the criteria prescribed in regulations made under section 398(1)(i) farm
a: arable land use; or
b: horticultural land use; or
c: pastoral land use; or
d: other agricultural land use prescribed in regulations; or
e: any combination of the land uses listed in this definition farm operator horticultural land use pastoral land use relevant regional council section 11 specified instrument statutory land use area threshold
a: in relation to a land use described in any of paragraphs (a), (b), (c), and (e) of section 388(1)
b: in relation to the land use described in section 388(1)(d) section 398 1991 No 69 s 217B
387: Application of this subpart
1: This subpart applies only—
a: to a region, district, or part of New Zealand specified in an Order in Council under this section; and
b: on and from the date specified in the Order in Council.
2: The Governor-General may, by Order in Council, on the recommendation of the Minister, determine—
a: that this subpart applies to a specified district, region, or part of New Zealand; and
b: the date on which this subpart applies to that district, region, or part of New Zealand.
3: The Governor-General may, by Order in Council on the recommendation of the Minister, in relation to a region, district, or part of New Zealand to which this subpart applies,—
a: disapply a statutory land use area threshold; or
b: disapply a statutory land use area threshold and prescribe a higher land use area threshold in its place.
4: Before making a recommendation under subsection (2) or (3)
a: be satisfied that the order is necessary to achieve the purpose of this subpart in the specified district, region, or part of New Zealand; and
b: consult the Minister of Agriculture.
5: An order under this section is secondary legislation ( see Part 3 1991 No 69 s 217C 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
388: Farm must have certified freshwater farm plan if it meets land use threshold
1: A farm must have a certified freshwater farm plan if—
a: 20 or more hectares of the farm are under arable land use; or
b: 5 or more hectares of the farm are under horticultural land use; or
c: 20 or more hectares of the farm are under pastoral land use; or
d: a prescribed area of the farm is under other agricultural land use prescribed in regulations made under section 398
e: 20 or more hectares of the farm are under a combination of any 2 or more of the land uses described above.
2: However,—
a: if an order made under section 387(3)(a)
b: if an order made under section 387(3)(b)
3: A certified freshwater farm plan applies to the entire farm. 1991 No 69 s 217D
389: Main duties of farm operators
1: A farm operator of a farm that is required to have a certified freshwater farm plan must—
a: prepare a freshwater farm plan in accordance with this subpart and regulations made under section 398
b: submit the plan to a certifier for certification; and
c: ensure that the farm operates in compliance with the certified freshwater farm plan; and
d: arrange for the farm to be audited in accordance with this subpart and regulations for compliance with the certified freshwater farm plan.
2: A farm operator must keep the certified freshwater farm plan fit for purpose by—
a: amending the plan as necessary to reflect any changes in the farm; and
b: amending the plan as necessary to comply with this subpart and regulations.
3: A farm operator must amend and recertify a certified freshwater farm plan if any circumstances prescribed by regulations made under section 398 1991 No 69 s 217E
390: Contents of freshwater farm plan
1: A freshwater farm plan must—
a: identify any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
b: specify requirements that—
i: are appropriate for the purpose of avoiding, minimising, or remedying the adverse effects of those activities on freshwater and freshwater ecosystems; and
ii: are clear and measurable; and
c: demonstrate how any freshwater farm plan outcomes prescribed in regulations made under section 398
d: comply with any other requirements in regulations made under section 398
2: See section 397 1991 No 69 s 217F
391: Certification of freshwater farm plan
1: The farm operator must, within the prescribed time frame, submit a freshwater farm plan to a certifier.
2: The certifier must certify a freshwater farm plan if the certifier is satisfied that the plan complies with the requirements in section 390
3: The certifier must, as soon as practicable, notify the relevant regional council—
a: that the freshwater farm plan has been certified; and
b: of the date on which it was certified.
4: This section applies, with any necessary modifications, to a certified freshwater farm plan that is required by regulations made under section 398 1991 No 69 s 217G
392: Audit of farm for compliance with certified freshwater farm plan
1: A farm operator must—
a: arrange, within the prescribed time frame, for an auditor to audit the farm for compliance with the certified freshwater farm plan; and
b: arrange for further audits to be carried out at the frequency required by regulations made under section 398
2: The audit must be completed in the manner prescribed in regulations made under section 398
3: The farm operator must provide the auditor with—
a: an up-to-date copy of the certified freshwater farm plan and any relevant information; and
b: any further information that the auditor reasonably requests for the purpose of the audit; and
c: reasonable access to the farm (or any part of it) for the purpose of any audit inspection.
4: After completing the audit, the auditor must—
a: provide the farm operator with a report of the auditor’s findings on whether the farm achieves compliance with the certified freshwater farm plan; and
b: if the auditor finds that the farm achieves compliance, provide that report to the relevant regional council.
5: If the auditor finds that the farm fails to achieve compliance with the certified freshwater farm plan,—
a: the auditor’s report—
i: must include reasons why the farm failed to achieve compliance; and
ii: must specify reasonable time frames by which compliance must be achieved; and
iii: may include recommendations on how compliance may be achieved; and
b: the auditor must give the farm operator a reasonable opportunity to respond to the report; and
c: the auditor must, after the prescribed period has expired, provide the farm operator and the relevant regional council with a final report—
i: setting out the auditor’s findings (including the findings of the first report); and
ii: stating whether compliance was achieved; and
iii: including any recommendations from the auditor. 1991 No 69 s 217H
393: Functions of regional councils
1: For the purposes of this subpart, a regional council has the following functions:
a: to enforce the observance of the requirements of this subpart and regulations made under section 398
b: to monitor compliance by farm operators with their duties under this subpart and with any requirements in regulations made under section 398
c: to receive notifications of freshwater farm plans that have been certified; and
d: to receive audit reports and related notifications from auditors; and
e: to approve industry organisations to provide certification and audit services; and
f: to appoint certifiers and auditors under section 395
g: to monitor and audit approved industry organisations for compliance with the standards issued under section 396(2)
2: A regional council may require a farm operator to produce a certified freshwater farm plan for inspection. 1991 No 69 s 217I
394: Records that must be kept by regional council
A regional council must keep and maintain, in relation to each farm in its jurisdiction, a record of—
a: whether the farm has a certified freshwater farm plan; and
b: the date that the plan was last certified; and
c: the date that the farm was last audited for compliance with the plan; and
d: any other information required by regulations made under section 398 1991 No 69 s 217J
395: Regional council must appoint certifiers and auditors
1: A regional council must—
a: appoint 1 or more certifiers; and
b: appoint 1 or more auditors.
2: A regional council may make an appointment under this section only if satisfied that the criteria prescribed in regulations made under section 398 1991 No 69 s 217K
396: Regional council may approve industry organisation to provide certification or audit services
1: A regional council may give approval to an industry organisation that applies to the council to provide certification and audit services under this subpart if the council is satisfied that the organisation meets the standards issued under subsection (2)
2: The Minister may, by notice in the Gazette
3: Standards may also—
a: set out the kind of organisation eligible to be approved for the purposes of this subpart; and
b: include content and processes to provide for compliance with the standards, for example, by requiring the industry to run training programmes and ensuring that conflicts are appropriately managed.
4: A regional council may request information from an approved industry organisation that the council considers reasonably necessary for carrying out their functions under section 393(1)(e) and (g)
397: Relationship between certified freshwater farm plan and specified instruments
1: A certified freshwater farm plan may contain a requirement that—
a: relates to an activity carried out on the farm (an activity
b: restricts an activity more than the activity would be restricted by the provision of a specified instrument.
2: However, if a provision of a specified instrument restricts an activity more than a requirement of a freshwater farm plan, the provision of the specified instrument prevails.
3: To avoid doubt, compliance with a requirement of a certified freshwater farm plan—
a: does not of itself authorise a person to undertake an activity:
b: may be specified or included as a requirement or condition in any specified instrument relating to an activity. 1991 No 69 s 217L
398: Regulations relating to freshwater farm plans
1: The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—
a: prescribe crops for the purpose of the definition of arable land use in section 11
b: prescribe agricultural land uses for the purpose of the definition of farm in section 386
c: prescribe the area of land described in section 388(1)(d) paragraph (b)
d: provide for the content of a freshwater farm plan, including specifying—
i: any requirements, including any actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, minimising, or remedying any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
ii: freshwater farm plan outcomes that must be achieved for the purpose of avoiding, minimising, or remedying those adverse effects on freshwater and freshwater ecosystems; and
iii: any other information that must be included in the plan for the purpose of this subpart:
e: provide for the form and manner in which a freshwater farm plan must be certified, including (without limitation) prescribing—
i: time frames that must be complied with by the farm operator and certifier; and
ii: any fees payable by the farm operator or the manner of calculating those fees:
f: prescribe the circumstances in which a certified freshwater farm plan must be amended and recertified:
g: prescribe requirements for the approval of industry organisations under section 396
h: for the purpose of audits of farms for compliance with certified freshwater farm plans, prescribe—
i: the time frame by which a farm must be audited; and
ii: the frequency at which those audits must be carried out; and
iii: the manner in which an audit must be completed; and
iv: the period after which the auditor must provide their final report under section 392(5)(c)
v: any matters that an auditor must take into account when considering whether the farm achieves compliance with the certified freshwater farm plan; and
vi: any fees payable by the farm operator or the manner of calculating those fees:
i: prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role:
j: require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of section 393
k: prescribe information that a regional council must keep in relation to farms in its jurisdiction:
l: prescribe infringement offences for the contravention of, or non-compliance with, a provision of this subpart or of any regulations made under this section:
m: provide for any other matters that are contemplated by, or necessary for giving full effect to, this subpart and for its due administration.
2: Regulations under this section may apply generally or to specified districts, regions, or parts of New Zealand.
3: Regulations under this section are secondary legislation ( see Part 3 1991 No 69 s 217M 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
3: Effect of certain nutrients on quality and ecosystems of freshwater
399: Purpose
1: The purpose of this subpart is to enable better monitoring of actions taken to improve freshwater quality and freshwater ecosystems.
2: To inform the planning and management for freshwater under this Act, information must be collected on the sale of nitrogenous fertilisers. 1991 No 69 s 217N
400: Meaning of nitrogenous fertiliser
In this subpart, nitrogenous fertiliser
a: is applied to plants or soil as a source of nitrogen nutrition for plants; and
b: comprises more than 5% of nitrogen weight for weight. 1991 No 69 s 217O
401: Obligation to comply with regulations
1: This section applies if regulations made under section 402
2: Persons of a class specified in the regulations must comply with requirements in the regulations that relate to—
a: the collection of information relating to or arising from the sale and purchase of nitrogenous fertiliser; and
b: the provision of the information to the EPA, a regional council, a specified agency, or a specified person or class of persons. 1991 No 69 s 217P
402: Regulations
1: The Governor-General may, by Order in Council, make regulations that—
a: require persons of a specified class to collect the following information relating to or arising from the sale and purchase of nitrogenous fertiliser:
i: the date and place of purchase; and
ii: the names of the seller or both the seller and purchaser; and
iii: the type of fertiliser purchased; and
iv: the volume of fertiliser purchased; and
v: where the fertiliser is intended to be applied; and
b: prescribe how the information is to be collected; and
c: require the persons specified under paragraph (a)
i: the EPA:
ii: a regional council:
iii: a specified person or class of persons:
iv: a specified agency; and
d: specify how, and the frequency at which, the information must be provided; and
e: allow the personal information of a purchaser to be collected only if their purchase exceeds a specified volume of nitrogenous fertiliser.
2: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 217 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
4: Contaminated land
403: Purpose
The purpose of this subpart is to provide a framework, based on the polluter pays principle, for the management of contaminated land so that—
a: those who cause or allow contamination to occur bear the costs of managing the contamination in order to prevent or remedy harm to human health and the environment; and
b: the owner of the land is responsible for managing the contamination in accordance with this subpart; and
c: the land is managed—
i: to prevent harm to human health and the environment; and
ii: to minimise any further harm to human health and the environment.
404: Polluter pays principle
In this subpart, the polluter pays principle Landowner’s obligations
405: Landowner’s obligations when land used for activity or industry listed in HAIL
1: If land is used for an activity or industry listed in the HAIL, the landowner must—
a: notify the regional council of the nature and duration of the activity or industry; and
b: notify the regional council of any environmental investigations undertaken on that land; and
c: provide the regional council with any reports of those environmental investigations; and
d: comply with any requirements in regulations made under section 151(g)
2: The landowner must comply with their obligations in subsection (1)
406: Landowner obligations when land is contaminated
1: If land is contaminated to the extent that it poses an unacceptable risk to human health or the environment, the landowner must—
a: notify the regional council of the contamination; and
b: manage, investigate, and monitor the contamination to ensure that its concentrations—
i: do not exceed an environmental limit; and
ii: do not pose an unacceptable risk to human health or the environment; and
c: provide the regional council with any reports of any activities described in paragraph (b)
d: comply with any requirements in regulations made under section 151(g)
2: The landowner must comply with their obligations in subsection (1) Regional council obligations
407: Obligations of regional council
1: A regional council must,—
a: identify all HAIL land within its boundaries; and
b: use available information to determine which land within its boundaries is contaminated land; and
c: inform landowners of their obligations under section 406
d: help landowners to understand their obligations under this subpart; and
e: keep and maintain, on a publicly available register, an up-to-date record of the following information:
i: all HAIL land within its boundaries; and
ii: all contaminated land within its boundaries; and
iii: the nature, extent, and severity of contamination found in contaminated land within its boundaries; and
iv: the management and remediation of contaminated land within its boundaries.
2: In this section, HAIL land Territorial authority duties
408: Duties of territorial authority when considering consent application to develop, subdivide, or use contaminated land
When considering a consent application for an activity under section 286
a: consider—
i: the environmental effects of the activity; and
ii: whether and how the activity will benefit the environment; and
b: control the use and development of the contaminated land in order to—
i: prevent any adverse effects or likely adverse effects on human health or the environment that result from the activity; and
ii: mitigate those adverse effects. Significant contaminated land sites
409: Classification of significant contaminated land sites
1: The Minister may classify or declassify a site as a significant contaminated land site—
a: on the application of the EPA or the local authority that is the regulator in relation to the site; or
b: at the Minister’s own initiative.
2: The Minister must consult the EPA and relevant local authority before making a decision under subsection (1)
3: The Minister’s decision must—
a: be notified in writing to the local authority, the landowner of the site, and the EPA; and
b: include reasons; and
c: state the date on which the decision takes effect.
4: Land may be classified as a significant contaminated land site if—
a: the site is contaminated land; and
b: the site is significant because of factors that include (in order of importance)—
i: the scale of the contamination:
ii: the location of the land:
iii: the proximity of the site to water or a water body or to land that is culturally or environmentally sensitive. EPA
410: EPA’s role in relation to significant contaminated land sites
1: If the Minister classifies a site as a significant contaminated land site under section 409
a: the EPA is the lead regulator in relation to that site; and
b: for that purpose, the EPA has all the functions and powers of the local authority and the regional council under this subpart.
2: The EPA’s role as lead regulator in relation to the site—
a: commences on the date on which the Minister's decision to classify the site under section 409
b: ends on the date on which the Minister’s decision to declassify the site under section 409
3: The EPA must ensure that, in exercising its role as lead regulator, it does not conflict with the local authority’s role as regulator in relation to the site.
4: The powers and functions of the EPA conferred under subsection (1)(b) Costs of pollution
411: Identifying the polluter
A polluter
412: EPA must consult local authority before taking action
The EPA must consult with the local authority before the EPA takes action under this subpart in relation to contaminated land to—
a: prevent or remedy any adverse effects on the environment as a result of the polluter’s actions (in allowing or causing the discharge of a contaminated into the environment); and
b: carry out remediation to prevent or remedy harm to human health and the environment from the contaminated land.
413: Actual and reasonable costs may be recovered from polluter
If the identity of a polluter of contaminated land has been confirmed through the local authority’s execution of an enforcement order, a local authority or the EPA may, in accordance with Part 11
414: EPA may recover costs from local authority
1: If the EPA is unable to recover costs from a polluter of contaminated land,—
a: the EPA may recover from the local authority the actual and reasonable costs it has incurred in taking actions under this subpart for the purpose of section 412(a) and (b)
b: in deciding the EPA’s proportion of costs to be recovered, the EPA must take into account any events that were outside the local authority’s control.
2: If the local authority disagrees with the costs claimed by the EPA, the local authority may apply to the Environment Court for a determination of the proportion of costs it should bear.
Subpart 5: Places of national importance, areas of highly vulnerable biodiversity, and effects management
415: Interpretation
In this subpart,— closed register section 421 conservation planning document Conservation Act 1987
a: a conservation management strategy:
b: a conservation management plan:
c: a national park management plan critical habitat highly vulnerable biodiversity area HVBA section 430 nationally critical species place of national importance
a: an area of the coastal environment (including the coastal marine area and estuaries), or a wetland, or lake or river and its margins that has outstanding natural character on a national scale:
b: a natural feature (including geoheritage) or a natural landscape that is identified in the national planning framework as being outstanding on a national scale:
c: specified cultural heritage:
d: a significant biodiversity area responsible Minister section 164 Places of national importance
416: Purpose of sections 417 to 426
1: The purpose of sections 417 to 426
2: Subsection (1)
417: Identification of places of national importance
1: The national planning framework—
a: must identify every place that is a natural feature (including geoheritage) or a natural landscape that is outstanding on a national scale; and
b: may identify other places of national importance.
2: Every plan must identify each place in the region that is a place of national importance in accordance with any relevant provisions in the national planning framework.
3: However, subsection (2)
a: in the coastal marine area or in a freshwater body; and
b: exempt from the requirement described in subsection (2)
4: In determining whether any part of the coastal marine area should be exempt from the requirement of subsection (2)
a: the cost of identifying and assessing the biodiversity in the area; and
b: the likelihood of any person seeking to carry out an activity in the area that could have a more than minimal adverse effect on its biodiversity values; and
c: whether identifying the biodiversity values in the area will improve investment certainty.
5: A significant biodiversity area described in subsection (3)
6: The national planning framework must not exempt any area that—
a: is an intertidal area or land not covered by water; or
b: meets the criteria for the requirement described in subsection (2) see section 418
7: A place may be identified by using maps or words (or both), as long as all affected properties are clearly identified.
8: The provisions that identify a place must set out the attributes or values that make it a place of national importance.
9: A decision that a place is specified cultural heritage does not affect the New Zealand Heritage List/Rārangi Kōrero.
10: A person determining whether an area is a significant biodiversity area must have regard to mātauranga Māori.
11: Every regional planning committee must treat its approach to identifying places of national importance as draft strategic content ( see clause 20
418: Criteria to be prescribed for identifying significant biodiversity areas
1: The responsible Minister must set criteria for identifying significant biodiversity areas in the national planning framework.
2: Before specifying criteria, the responsible Minister must seek written advice from the environmental limits and targets review panel ( see clause 3
a: whether, in the opinion of the panel, the criteria proposed by the responsible Minister are scientifically robust; and
b: any other matter that the responsible Minister considers relevant.
419: Considerations relevant to setting criteria
1: The criteria specified under section 418
a: representativeness, meaning the extent to which an indigenous ecosystem, consisting of the habitat of indigenous biota in an area, is characteristic of the indigenous biodiversity within the context and scale of the area concerned:
b: diversity and pattern, meaning the extent to which the expected range of diversity and pattern of biological and physical components is present in an area within the appropriate assessment scale:
c: rarity and distinctiveness, meaning the presence of rare or distinctive indigenous species, vegetation, ecosystems, animal communities, or habitat of indigenous biota:
d: ecological context, meaning the extent to which the size, shape, connectivity, and configuration of an indigenous ecosystem or habitat of indigenous biota contributes to the maintenance of indigenous biodiversity within the surrounding land-based and aquatic environments.
2: Despite subsection (1)
420: Protection of places of national importance
1: Despite anything to the contrary in sections 21 to 29
a: the activity is expressly allowed by or under a framework rule made in accordance with the requirements set out in sections 422 to 425
b: the activity is part of a protected customary right; or
c: the activity is carried out under a customary marine title order or customary marine title agreement; or
d: the activity is described in section 43
2: Subsection (1)
a: identified in—
i: the national planning framework or a proposed part of the framework; or
ii: a plan or proposed plan; or
iii: in the case of a cultural heritage place, a closed register; or
b: a significant biodiversity area that is not identified, but only if—
i: substantive new information has become available to establish that the place meets the criteria ( see section 418
ii: the place had not been assessed when the relevant provisions to identify significant biodiversity areas were made, and the place meets the criteria.
3: Subsection (1) see section 418
4: If there is good reason to consider that a plan is incomplete or inaccurate, a consenting authority or requiring authority, as the case may be, must make reasonable efforts to establish whether an area affected by an activity is a significant biodiversity area before the authority—
a: issues a permitted activity notice; or
b: grants a resource consent; or
c: makes a designation.
5: Subsection (4) Fisheries Act 1996
421: Provision may be made for cultural heritage to be identified in closed register
1: A plan may provide for cultural heritage to be identified in a closed register if—
a: a person (the requester
b: the requester provides good reason why the precise location of the cultural heritage should not be shown in a plan.
2: If the request is accepted, the requester must determine that either the requester or the local authority is to hold the information provided under subsection (1)(b)
3: If cultural heritage is identified only in a closed register, the maps included in the plan must include—
a: a notation to indicate the general location of the cultural heritage, a name or unique identifier, and a description of the cultural heritage; and
b: information on how a requiring authority or a person wishing to apply for a consent can obtain—
i: confirmation as to whether the cultural heritage is within the area of the consent application; and
ii: information as to whether an activity may have a more than minimal effect on the attributes of any specified cultural heritage.
4: The person holding the information must respond within 10 working days to any request made under subsection (3)(b)
422: Activities with more than minimal adverse effects on places of national importance
1: The responsible Minister may include framework rules in the national planning framework to allow an activity with more than minimal adverse effects on the attributes that make an area a place of national importance, either as—
a: a permitted activity; or
b: an activity authorised by a resource consent.
2: However, a rule must not be made other than for a type of activity that is eligible under section 425
3: A rule must be designed to diminish the adverse effects on an attribute to the greatest extent that is compatible with enabling the activity to proceed.
4: Subsection (3)
a: activities with adverse effects on specified cultural heritage or significant biodiversity areas; or
b: activities described in section 425(1)(k) or (r)
5: A rule may also impose other requirements, including for monitoring and reporting purposes.
423: Application of rules to class of activities or particular activities
1: A rule made under section 422
2: A rule that applies to a class of activity may provide that an activity or the class of activity is allowed only if 1 or more of the following circumstances applies:
a: the activity must be located, for functional or operational reasons, in a particular place, despite the fact that it will generate adverse effects:
b: there is no reasonably practicable alternative location:
c: the activity would, were it to be carried out in an alternative location, result in a more than minimal adverse effect on the attributes that make a place one of national importance ( see section 420
3: The national planning framework may specify what is required for an assessment of alternative locations under subsection (2)
a: sites within a specified region or district; or
b: sites within a specified distance of a particular place of national importance; or
c: sites with other specified attributes.
4: The financial cost of alternative locations or methods is a relevant consideration in determining whether there is an operational need or a reasonably practicable alternative location under subsection (2)
424: Considerations relevant to making rules
1: The responsible Minister must,—
a: when determining whether an activity will have nationally significant benefits under section 425(1)(n) clause 55(3)
b: before determining whether to make a rule for a fishing activity within the scope of section 425(1)(k) Fisheries Act 1996
c: before making a rule, consider—
i: the purpose of sections 417 to 426
ii: the principles set out in section 8 section 8(1)(b), (c), and (d)
iii: the relative costs (including the social, economic, cultural, and environmental costs) of making a rule; and
iv: any alternatives to making a rule that would achieve the objective of the proposed exemption; and
v: any other matters that the Minister considers appropriate.
2: This section applies instead of the considerations set out in clauses 22(3) 24(3)
3: Except as provided in subsection (2) Schedule 5 section 422
425: Types of eligible activity
1: Rules applying under section 422
a: activities required to deal with a very high risk to public health or safety:
b: activities to maintain or restore a significant biodiversity area:
c: the customary use of indigenous biodiversity carried out in accordance with tikanga Māori:
d: activities on Māori land or on other land required to facilitate the activities on Māori land:
e: geothermal development where the effects of the extraction and injection of geothermal water and heat may result in adverse effects on significant biodiversity areas within areas of geothermal activity:
f: activities in a place identified as a significant biodiversity area solely because of the presence of a plant species listed as threatened or declining in the New Zealand Threat Classification System, unless the species is rare within the region or ecological area:
g: activities lawfully established immediately before the commencement of section 438
h: subdivision that is necessary for another activity described in this subsection:
i: activities that will contribute to a system outcome described in section 6(3)
j: defence facilities operated by the New Zealand Defence Force to meet its obligations under the Defence Act 1990
k: activities managed under other legislation, as long as the responsible Minister is satisfied that the other legislation provides a similar level of protection to a rule made under section 422(3) 439
l: the lines, facilities, and associated equipment used or owned by Transpower New Zealand Limited to convey electricity and for associated activities, including access tracks, tree clearance, and maintenance activities:
m: infrastructure operated by a lifeline utility operator ( see Civil Defence Emergency Management Act 2002
n: activities that will provide nationally significant benefits, or are part of a network that will provide nationally significant benefits, and that outweigh any adverse effects of the activity:
o: in the case of a specified cultural heritage place, activities required to ensure that the place and its cultural heritage values endure:
p: activities of the Crown on conservation land and waters that are not inconsistent with any applicable conservation planning document:
q: activities carried out by a customary marine title holder in a relevant customary marine title area:
r: fishing activities managed under the Fisheries Act 1996
2: In subsection (1)(f) New Zealand Threat Classification System
a: assessing the risk of extinction of New Zealand species; and
b: classifying the species according to that risk.
426: Rules for places of national importance that may affect other requirements
1: A requirement to meet a limit or associated target is not removed if a person complies with a rule made under section 422
2: An adverse effect managed under a rule made under section 422
a: in applying any other rule; or
b: in making decisions on a notice of requirement. Areas of highly vulnerable biodiversity
427: Purpose of sections 428 to 436
1: The purpose of sections 429 to 436
2: Subsection (1)
428: Identification of HVBAs
1: The national planning framework may identify an area as an HVBA.
2: Unless the area is no longer an HVBA, a regional planning committee must identify in its plan, in accordance with any relevant provisions of the national planning framework, each area in the region that—
a: has previously been determined to meet a criterion in section 430
b: has been declared to be a critical habitat under section 436
3: However, subsection (2)
4: A plan may also identify as HVBAs areas other than those identified under subsection (1) or (2)
5: The provisions of the national planning framework or a plan that identifies an area as an HVBA must set out the attributes or values of the area that make it an HVBA.
6: An HVBA may be identified on a map or by words (or both), as long as the identity of all affected properties is made clear.
7: Each regional planning committee must treat its approach to identifying an HVBA as part of its draft strategic content ( see clause 20
429: Identification of areas recorded in closed register
1: If a regional planning committee does not identify an HVBA in the plan for the reason given in section 428(3)
2: If an HVBA is identified only in a closed register, the maps provided in the plan must include notation that—
a: indicates the general location of the area; and
b: provides a name or unique identifier for the area; and
c: describes the area; and
d: sets out how a requiring authority or a person applying for a consent may obtain information as to whether a particular activity may have a more than minimal adverse effect on the attributes that make the relevant area an HVBA.
3: The consent authority holding the information must respond within 10 working days if information is sought under subsection (2)(d)
430: Criteria for identifying HVBAs
1: An area is an HVBA if it meets 1 or more of the following criteria:
a: the area is a critical habitat of 1 or more nationally critical species:
b: the area is part of a critically endangered ecosystem:
c: the area includes residual indigenous ecosystems in a critically threatened area of land (including both terrestrial and wetland areas):
d: the area includes an ecosystem that is 1 of the few and best remaining examples nationally of that type of ecosystem:
e: the area includes any naturally rare or threatened indigenous marine ecosystems, communities, or habitats.
2: Any person making a determination as to whether an area is an HVBA must have regard to mātauranga Māori.
431: Protection of HVBAs
1: Despite anything to the contrary in sections 21 to 29
a: the activity is expressly allowed by or under a framework rule made under section 432
b: the activity is part of a protected customary right; or
c: the activity is fishing (other than aquaculture) in the coastal marine area that is authorised under the Fisheries Act 1996
i: identified as an HVBA in the national planning framework, an NPF proposal, or a plan, or a proposed plan; or
ii: identified as an HVBA in a regional spatial strategy; or
iii: declared to be a critical habitat under section 436
iv: determined as meeting a criterion in section 430
d: the activity is one described in section 43
2: Subsection (1)(c)(iv)
3: If there is good reason to consider that a plan is incomplete or inaccurate, a consenting authority or requiring authority, as the case may be, must make reasonable efforts to establish whether an area affected by an activity is a highly vulnerable biodiversity area before the authority—
a: issues a permitted activity notice; or
b: grants a resource consent; or
c: makes a designation.
4: An HVBA is protected whether or not it has been identified under section 423
432: Rules to allow activities with more than minimal adverse effects on HVBAs
1: The responsible Minister may include rules in the national planning framework for an activity with more than minimal adverse effects on the attributes that make an area an HVBA.
2: A rule made under subsection (1)
a: allow the activity as a permitted activity; or
b: provide for the activity to be authorised by a resource consent.
3: However, a rule made under this section must be designed to diminish the adverse effects on an attribute to the greatest extent compatible with enabling the activity to proceed.
4: Rules may be made under this section only for an activity that is an eligible activity under section 434
433: Rules for highly vulnerable biodiversity areas that may affect other requirements
1: A requirement to meet a limit or associated target is not removed if a person complies with a rule made under section 432
2: An adverse effect managed under a rule made under section 432
a: in applying any other rule; or
b: in making decisions on a notice of requirement.
434: Types of eligible activity
Rules applying under section 432
a: activities on Māori land:
b: activities in a plantation forest, but only if the forest is managed so as to maintain, for the long term, a population of a species in the HVBA that is—
i: a threatened species:
ii: an at-risk species:
c: activities to maintain or restore indigenous biodiversity, including by pest control, but only if—
i: the activities do not involve the permanent destruction of significant habitat of indigenous biodiversity; or
ii: they will result in a demonstrable gain for indigenous biodiversity over the long term:
d: activities undertaken by or on behalf of the Crown on conservation land or waters that—
i: are not inconsistent with any relevant conservation planning document; and
ii: do not have a significant adverse effect beyond the boundaries of the conservation land or water:
e: research activities that have no more than minor adverse effects, but only if the scientific value of the research outweighs those effects:
f: activities that cannot practicably be located outside the HVBA and are reasonably necessary for constructing, operating, or maintaining a scheme that will make a nationally significant contribution to managing, in respect of the electricity industry, the risks of—
i: a dry year; or
ii: intermittent supply caused by reliance on renewable sources of energy such as wind and solar energy.
435: Considerations relevant to making rules
1: The responsible Minister, before making a rule, must consider—
a: the purpose of sections 429 to 436
b: the principles set out in section 8 section 8(1)(b), (c), and (d)
c: the relative cost of making a rule, including the social, economic, cultural, and environmental costs; and
d: any alternatives to making a rule that would achieve the objective of the proposed exemption; and
e: any condition that should be imposed; and
f: any other matter that the responsible Minister considers relevant.
2: In determining rules under this section, a board of inquiry or the Minister must not, despite subsection (1)(e) clauses 22(3) 24(3)
3: Otherwise, the requirements for framework rules set out in Schedule 5 section 432
436: Power to declare critical habitat
1: The Minister of Conservation may, by notice in the Gazette
2: A declaration must not be made unless the area is essential for the long-term viability of a nationally critical species.
3: An area that is a critical habitat is an HVBA whether or not it has been declared a critical habitat under this section. Effects management
437: Effects management framework
1: The effects management framework
a: adverse effects must be avoided wherever practicable:
b: any adverse effects that cannot be avoided must be minimised wherever practicable:
c: any adverse effects that cannot be avoided or minimised must be remedied wherever practicable:
d: any remaining adverse effects that cannot be avoided, minimised, or remedied must be offset, wherever practicable, in accordance with Schedule 3 4
e: if adverse effects remain after applying the requirements of paragraphs (a) to (d) Schedule 3 4
2: If an activity cannot comply with the effects management framework, it must not proceed unless it is allowed by a rule in the national planning framework made under section 439
438: When effects management framework applies
The effects management framework applies to adverse effects on significant biodiversity areas and specified cultural heritage if the adverse effects—
a: are allowed by a rule made under section 422
b: are not managed under a rule described in section 439
439: Minister may make rules to replace effects management framework
1: In determining rules under this section, a Board of Inquiry or the Minister must apply the considerations described in section 424(1)(c) clauses 22(3) 24(3)
2: The responsible Minister may include rules in the national planning framework that require more than minimal adverse effects of an activity to be managed without using the effects management framework.
3: In respect of the effects management framework, a rule may require—
a: more stringent management of any specified adverse effect; or
b: less stringent management of any specified adverse effect.
4: However, a rule may only require less stringent management of adverse effects if—
a: more serious or extensive adverse effects would result from applying the effects management framework; or
b: less serious or less extensive adverse effects would not result from applying the effects management framework; or
c: less stringent management is necessary to enable the attributes of the relevant place of national importance to be relocated so as to avoid a natural hazard or other risk; or
d: the activity is one of maintaining, repairing, or replacing existing infrastructure; or
e: the activity relates to the development of renewable energy generation (excluding any hydro-electricity generation facility) or electricity transmission infrastructure and cannot practicably be located so as to avoid a more than minimal effect on a place of national importance.
5: A rule may apply to a specified activity or a class of activities.
6: A rule that applies to a class of activities may provide that an activity is authorised only if 1 or more of the following circumstances applies:
a: the activity must be located, for functional or operational reasons, in the particular place, despite the fact that it will generate adverse effects:
b: there is no reasonably practicable alternative location:
c: the activity would, if carried out in an alternative location, result in a more than minimal adverse effect on the attributes that make the alternative location a place of national importance ( see section 420
7: The financial cost of alternative locations or methods is a relevant consideration in determining whether there is an operational need or a reasonably practicable alternative location under subsection (6)
8: Section 432
440: Assessment of alternative locations
The national planning framework may specify what is required for an assessment under section 439
a: sites within a specified region or district; or
b: sites within a specified distance of a particular place of national importance; or
c: sites with other specified attributes.
8: Coastal matters
441: Allocation framework does not apply to matters under this Part
The allocation framework (as defined in section 11
1: Occupation of common marine and coastal area
Preliminary provisions
442: Interpretation and relationship of subpart with rest of Act
1: In this subpart, unless the context otherwise requires,— authorisation tender trustee section 4
2: The provisions of this Act that relate to applications for, and the granting of, resource consents apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this subpart. 1991 No 69 ss 165B 165C Managing occupation in common marine and coastal area
443: Power of consent authorities to refuse to receive applications for coastal permits
For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type for the same space or for space in close proximity to the space concerned. 1991 No 69 s 165D
444: Applications in relation to aquaculture settlement areas
1: No person may apply for a coastal permit or permitted activity notice authorising occupation of space in an aquaculture settlement area for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—
a: relates to that space and activity; and
b: was provided to the trustee under section 13
2: A consent authority may grant a coastal permit or issue a permitted activity notice authorising any other activity in an aquaculture settlement area, but only—
a: to the extent that that activity is compatible with aquaculture activities; and
b: after consultation with the trustee and iwi in the region.
3: Subsection (1) does not affect any application received by a consent authority before the space became an aquaculture settlement area.
4: In subsection (2)(b), iwi Maori Fisheries Act 2004 1991 No 69 s 165E Provisions in plan relating to occupation of common marine and coastal area
445: Provisions about occupation of common marine and coastal area
1: A plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—
a: that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice given by the regional council:
b: that the consent authority may process and hear together applications for coastal permits for the occupation of—
i: the same space in a common marine and coastal area; or
ii: different spaces in a common marine and coastal area that are in close proximity to each other:
c: that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in paragraph (b):
d: limits on—
i: the character, intensity, or scale of activities associated with the occupation of space:
ii: the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.
2: However, a rule made for the purposes of subsection (1)(a) does not apply to an application made for a coastal permit under an authorisation.
3: For the purposes of subsection (1), a provision in a plan may relate to an activity, 1 or more classes of activities, or all activities. 1991 No 69 s 165F
446: Plan may specify allocation methods
A plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations. 1991 No 69 s 165G
447: Matters to be considered before including allocation rule in plan
1: Before including a rule in a plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional planning committee must—
a: have regard to—
i: the reasons for and against including the proposed rule; and
ii: if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
A: the reasons why allocation other than by a method of allocating authorisations is justified; and
B: how this may affect the preferential rights provided for in section 463
iii: if the proposed rule provides for a method of allocating authorisations other than by public tender,—
A: the reasons why allocation other than by public tender is justified; and
B: how this may affect the preferential rights provided for in section 463
b: be satisfied that—
i: a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and
ii: if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space.
2: The regional planning committee must—
a: prepare a report summarising the matters required by subsection (1); and
b: make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the plan or proposed plan.
3: Clauses 26 27
4: Subsection (1) applies subject to an Order in Council made under section 451
5: A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 6
6: Subsection (5) does not preclude a person who is hearing a submission or an appeal on a proposed plan from taking into account the matters stated in subsection (1). 1991 No 69 s 165H
448: Offer of authorisations for activities in common marine and coastal area in accordance with plan
1: If a rule in an operative plan provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
2: Subsection (1) applies subject to—
a: subsection (3); and
b: any Order in Council made under section 451
3: A regional council must give the Minister of Conservation not less than 4 months’ notice before making an offer of authorisations under subsection (1).
4: Subsection (1) does not apply if the Minister responsible for aquaculture must offer the authorisations under section 449 1991 No 69 s 165I
449: Offer of authorisations by Minister responsible for aquaculture
If a rule in an operative plan provides for public tendering or another method of allocating authorisations in relation to which the Minister responsible for aquaculture is the decision maker, the Minister must, by public notice and in accordance with the rule, offer authorisations.
450: When applications not to be made unless applicant holds authorisation in accordance with plan
1: Subsection (2) applies to space in the common marine and coastal area if a plan rule that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.
2: A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—
a: an authorisation that relates to the space and activity; or
b: a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation.
3: Subsection (2) does not affect any application received by the regional council before the plan became operative or the rule in a proposed plan had legal effect.
4: Subsection (2) does not affect any application referred to in section 487
a: after a rule in a proposed plan has legal effect; but
b: before the rule becomes operative. 1991 No 69 s 165J
451: Power to give directions relating to allocation of authorisations for space provided for in plan
1: This section applies if a plan rule—
a: provides for a method for allocating authorisations; and
b: provides that a regional council is responsible for the allocation of authorisations.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, direct the regional council—
a: not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
b: in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.
3: The Minister of Conservation may make a recommendation under subsection (2) only for 1 or more of the following purposes:
a: to give effect to Government policy in the common marine and coastal area:
b: to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
c: to facilitate compliance with section 463
d: to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004
4: The matters referred to in subsection (2)(b) include—
a: the allocation method to be used:
b: subject to sections 326 327
c: the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
d: the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.
5: If an Order in Council contains a direction under subsection (4)(a), the order must be made before the relevant proposed plan is notified under clause 34
6: If an Order in Council contains a direction under subsection (4)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under section 448
7: Subject to subsection (5), the Minister of Conservation may make a recommendation under subsection (2) only if the Minister makes the recommendation within 3 months after receiving a notice under section 448(3)
8: An Order in Council does not affect the following if made before the Order in Council comes into force:
a: a publicly notified offer of authorisations:
b: an application for a coastal permit.
9: An authorisation allocated in accordance with subsection (4)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 1991 No 69 s 165K Ministerial approval of use of method of allocating authorisations
452: Regional council or regional planning committee may request use of allocation method
1: This section applies if,—
a: in the opinion of the regional council ( council committee
b: an operative plan either—
i: does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or
ii: does provide for a rule referred to in subparagraph (i), but the council or committee considers that the rule will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purpose of the activities.
2: The council or committee may request the Minister of Conservation to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.
3: A request under subsection (2) must—
a: specify,—
i: if it does not relate to a public tender, the proposed method for allocation of authorisations; and
ii: the activities it is proposed the public tender or other allocation method will apply to; and
iii: the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and
iv: how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and
v: the reasons for the council’s or committee’s opinion that it is desirable that an allocation method be used in relation to the space; and
b: if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and
c: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request.
4: A request under subsection (2) may relate to a single use of the proposed allocation method or its use on more than 1 occasion.
5: On the day a request is made under subsection (2), or as soon as practicable afterwards, a council or committee must—
a: give public notice of the request; and
b: give notice of the request to the EPA.
6: A public notice under subsection (5) must include—
a: the matters in subsection (3)(a)(i) to (iii); and
b: a statement to the effect of section 453(2) and (3) 1991 No 69 s 165L
453: Stay on applications following request under section 452
1: Subsection (2) applies if a regional council or regional planning committee has made a request under section 452(2)
2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 452(5)(a)
a: the day on which the council or committee publicly notifies under section 454(8)
b: the day on which the approval of an allocation method is notified in the Gazette section 454(1)(c)(i)
3: If the request is approved, section 457
4: Neither this section nor section 457 section 452(2) section 487 1991 No 69 s 165M
454: Minister of Conservation may approve use of allocation method
Minister of Conservation’s duties when request received under section 452(2)
1: If the Minister of Conservation receives a request under section 452(2) request
a: must consult with relevant Ministers, including the Minister responsible for aquaculture if the request relates to aquaculture activities; and
b: may—
i: consult any other person whom the Minister of Conservation considers it appropriate to consult; and
ii: request any further information from the regional council or regional planning committee that made the request; and
c: must, within 25 working days after the date of receipt of the request,—
i: by notice in the Gazette
A: on the terms specified by the council or committee in the request; or
B: on terms that, in the opinion of the Minister of Conservation, will better manage the actual or anticipated high demand or competing demands in the space; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister of Conservation from making a decision on the request.
3: Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c). How request must be decided
4: The Minister of Conservation must not approve the request unless the Minister considers that—
a: there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and
b: the method and terms of allocation specified in the request, or any modified terms determined by the Minister, will—
i: effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and
ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable.
5: In considering whether to approve the request, the Minister of Conservation must have regard to—
a: Government policy in relation to the common marine and coastal area:
b: the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
c: the need to facilitate compliance with section 463
d: the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004
6: As soon as practicable after deciding whether to approve the request, the Minister of Conservation must notify the EPA of their decision.
7: If the Minister of Conservation declines the request,—
a: the Minister must notify the council or committee of that decision; and
b: the council or committee must as soon as practicable after receiving notice of the decision publicly notify that—
i: the request was declined; and
ii: applications may be made for coastal permits to occupy any space for any activity that was the subject of the request. Contents of Gazette notice
8: A Gazette
a: must specify,—
i: if the approval does not relate to a public tender, the other allocation method that is approved; and
ii: the space and activities that the public tender or other allocation method will apply to; and
iii: how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
b: may also specify 1 or more of the following:
i: whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and
ii: an expiry date for the approval; and
iii: a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and
iv: any restrictions on transferring authorisations allocated under the public tender or other allocation method; and
v: that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and
vi: subject to sections 326 327
vii: that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and
viii: that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost. Other matters
9: A provision in an operative plan that relates to the allocation of space to which a Gazette Gazette
10: An authorisation allocated in accordance with subsection (7)(b)(viii) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 1991 No 69 s 165N
455: Period of approval to use public tender or other method to allocate authorisations
1: An approval to use a public tender or other method to allocate authorisations applies on and from the date on which the relevant Gazette
a: the date on which it is expressed in the relevant Gazette
b: the date it lapses under section 456(2)
c: the date it is revoked by a further notice in the Gazette
d: the date on which a proposed plan is notified with an alternative allocation method for the space to which the Gazette
2: The Minister of Conservation may, by notice in the Gazette
a: is requested to do so by the regional council or regional planning committee; and
b: considers that—
i: there is no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; or
ii: the regional planning committee has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities.
3: The Minister of Conservation may, by notice in the Gazette Gazette Gazette
a: the Minister receives a request from the regional council or regional planning committee to do so; and
b: the Minister considers that—
i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
ii: the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands. 1991 No 69 s 165O
456: Regional council must offer authorisations if Minister of Conservation approves
1: If the Minister of Conservation approves the use of a public tender or other method for allocating authorisations under section 454(1)(c)
2: A Gazette section 454(1)(c)
3: The Minister of Conservation may by notice in the Gazette
a: the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
b: the regional council requires further time to carry out the public tender or implement the other approved allocation method. 1991 No 69 s 165P
457: During period of approval, no person may apply unless they hold authorisation
1: Subsection (2) applies to space in the common marine and coastal area if the Minister of Conservation has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette section 454(1)(c)(i)
2: During the period of the approval, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity. 1991 No 69 s 165Q Authorisations
458: Authorisation does not confer right to coastal permit
1: The granting of an authorisation does not confer any right to the grant of a coastal permit for the space that the authorisation relates to.
2: However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation. 1991 No 69 s 165R
459: Authorisation may be transferred
1: An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
2: This section applies subject to any restrictions on the transfer of authorisations specified in—
a: the Gazette section 454
b: the relevant operative plan under which the authorisations were allocated. 1991 No 69 s 165S
460: Authorisation lapses in certain circumstances
1: An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3) applies.
2: Subsection (3) applies,—
a: for an authorisation for which no earlier date is specified, if,—
i: before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space for the activity that the authorisation relates to; and
ii: on the second anniversary date,—
A: no decision has been made by the consent authority whether to grant or decline the application; or
B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or
b: for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
i: before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space for the activity that the authorisation relates to; and
ii: on the date specified in the authorisation,—
A: no decision has been made by the consent authority whether to grant or decline the application; or
B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal.
3: The authorisation does not lapse until—
a: the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
b: an appeal has been lodged and the court has given its decision on the appeal. 1991 No 69 s 165T
461: Public notice of offer of authorisations
1: This section applies to—
a: a notice given by a regional council under section 448 456(1)
b: a notice given by the Minister responsible for aquaculture when conducting an allocation process under section 449
2: The notice must—
a: specify the activities that the authorisation will apply to after it is issued; and
b: describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and
c: subject to sections 326 327
d: specify the closing date for offers; and
e: specify the criteria for selecting successful offers for authorisations—
i: that the regional council will apply; or
ii: that the Minister responsible for aquaculture will apply (as set out in the operative plan); and
f: specify the manner in which offers for authorisations must be submitted; and
g: specify any charge payable under section 757(1)(h)
h: specify any other matter that the regional council or Minister considers appropriate in the circumstances.
3: If the notice is given under section 448 456(1) section 451
4: The notice may specify conditions on which the authorisation will be granted, including conditions—
a: requiring the authorisation to lapse on a date earlier than 2 years from the date it is granted; and
b: restricting the transfer of the authorisations.
5: If an offer of authorisations is to be by tender, the notice must also—
a: specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
b: specify whether or not there is a reserve price.
6: This section applies subject to an Order in Council made under section 451 1991 No 69 s 165U
462: Requirements for offers for authorisations
1: An offer for an authorisation must specify—
a: the activity or range of activities for which the authorisation is sought; and
b: the site it applies to.
2: In the case of a tender for authorisations, the tender must also specify—
a: the total remuneration offered (including any annual rental component); and
b: the form of payment of the remuneration.
3: A tender must be accompanied by—
a: a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
b: any additional information specified in the notice calling for tenders.
4: An offer or a tender must be accompanied by any charge payable under section 757(1)(h)
5: If a tender is accepted under section 464 section 120 1991 No 69 s 165V
463: Preferential rights of iwi
1: A regional council or the Minister responsible for aquaculture must, when conducting a tender of authorisations under this subpart, give effect to any preferential right held by iwi to purchase a proportion of authorisations.
2: Subsection (1) applies to preferential rights
a: section 316
b: section 119
c: section 79
d: section 106
e: section 118
f: section 92
3: For the purposes of subsection (1), the sections of the Acts referred to in subsection (2) apply as if—
a: the references in those sections to the Minister of Conservation were references to the regional council or the Minister responsible for aquaculture (as applicable); and
b: any references in those sections to subpart 4 were references were to the relevant provisions of this subpart. 1991 No 69 s 165W
464: Acceptance of offer for authorisations
1: After considering the offers for authorisations in accordance with the relevant criteria referred to in section 461(2)(e)
a: accept any offer; or
b: reject all offers; or
c: reject all offers and call for new offers; or
d: negotiate with any person who made an offer with a view to reaching an agreement.
2: If the offer of authorisations is a tender, the regional council or the Minister responsible for aquaculture may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
3: As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council or the Minister responsible for aquaculture must give written notice of the decision and the reasons for it to every person who made an offer.
4: If an offer is accepted or an agreement is reached, the notice under subsection (3) must include details of the name of the person who made the offer and the nature of the activity that the offer or agreement relates to. 1991 No 69 s 165X
465: Grant of authorisation
1: If the regional council accepts an offer or reaches an agreement under section 464
2: If the Minister responsible for aquaculture accepts an offer, the Minister must direct the regional council to grant an authorisation to the person concerned. 1991 No 69 s 165Y
466: Tender money
1: If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity for which the authorisation was granted, the regional council must forward to the Minister of Conservation 50% of the remuneration received under the tender.
2: The Minister of Conservation must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989
3: If an authorisation granted to a successful tenderer has lapsed under section 460
4: If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 462(3) 1991 No 69 s 165Z
467: Use of tender money
The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region. Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area
468: Regional council or planning committee may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
1: A regional council or regional planning committee may request the Minister responsible for aquaculture to suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if—
a: it identifies actual or anticipated high demand, or competing demands for those permits and considers that—
i: the provisions of the operative plan will not enable the demand to be managed effectively; and
ii: the suspension is desirable to enable the plan to be amended or other measures available under this Act to be used to manage the demand; or
b: it identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
i: the provisions of the operative plan will not enable the biosecurity concern to be managed effectively; and
ii: the suspension is desirable to enable the plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.
2: A request for a suspension must—
a: specify—
i: the space in the common marine and coastal area it is proposed the suspension will apply to; and
ii: the aquaculture activities that it is proposed the suspension will apply to; and
iii: the planning or other measure that the council or planning committee proposes to implement to manage the identified demand or biosecurity concern; and
iv: the proposed duration of the suspension, which must be not more than 12 months; and
b: be accompanied by information about—
i: the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request; or
ii: the actual or emerging biosecurity concern.
3: A regional council or regional planning committee must—
a: give public notice of a request for suspension on the day the request is made or as soon as practicable after the request is made; and
b: give notice of the request to the EPA.
4: A public notice under subsection (3) must include—
a: the matters specified in subsection (2)(a); and
b: a statement to the effect of section 470(2) and (3)
5: To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities. 1991 No 69 s 165ZB
469: Minister responsible for aquaculture may suspend receipt of applications
1: The Minister responsible for aquaculture may, at their own initiative, suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the Minister—
a: identifies actual or anticipated high demand or competing demands for those permits and considers that—
i: the provisions of the operative plan will not enable the demand to be managed effectively; and
ii: the suspension is desirable—
A: to enable the operative plan to be amended or for other measures available under this Act to be used to manage the demand; or
B: for the Minister to use other measures available under the Maori Commercial Aquaculture Claims Settlement Act 2004
b: identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
i: the provisions of the operative plan will not enable the biosecurity concern to be managed effectively; and
ii: the suspension is desirable to enable the operative plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.
2: Before issuing a suspension, the Minister responsible for aquaculture—
a: must consult the regional planning committee and the regional council; and
b: must consult the Minister of Conservation; and
c: may consult any other person the Minister responsible for aquaculture considers appropriate.
3: The Minister responsible for aquaculture must issue the suspension by notice in the Gazette
a: the space and aquaculture activities that the suspension on applications will apply to; and
b: the date the notice expires, which must not be more than 12 months after the date of the Gazette
4: To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.
470: Effect on applications of request under section 468
1: Subsection (2) applies if a regional council or regional planning committee has made a request under section 468(1)
2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 468(3)(a)
a: if the request is declined, the day on which the regional council or regional planning committee publicly notifies under section 472(6)
b: if the request is granted, the date on which the Gazette section 472(1)(c)
3: Neither this section nor section 472(6)
a: any application received by the regional council before the request was made under section 468(1)
b: any application to which section 487
c: any application made in accordance with an authorisation. 1991 No 69 s 165ZC
471: Effect on applications of suspension at initiative of Minister responsible for aquaculture
1: A person must not apply for a coastal permit to occupy any space that is the subject of a Gazette section 469 Gazette Gazette
2: Neither this section nor section 472
a: any application received by the regional council before the Gazette section 469
b: any application to which section 487
c: any application made in accordance with an authorisation.
472: Minister responsible for aquaculture may suspend applications on request under section 468
1: If the Minister responsible for aquaculture receives a request under section 468(1)
a: must consult the Minister of Conservation; and
b: may—
i: consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
ii: request any further information from the regional council or regional planning committee that made the request; and
c: must, within 25 working days after receiving the request,—
i: approve the request by notice in the Gazette
A: on the terms specified by the regional council or regional planning committee in the request; or
B: on terms that in the opinion of the Minister responsible for aquaculture will better manage the actual or anticipated high demand or competing demands in the space or the biosecurity concerns; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister responsible for aquaculture from making a decision on the request.
3: Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).
4: The Minister responsible for aquaculture must not approve the request unless they consider that—
a: there is—
i: actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; or
ii: actual or emerging biosecurity concerns relating to the aquaculture activities; and
b: the planning or other measure that is proposed, or any modified terms determined by the Minister responsible for aquaculture, will—
i: effectively manage the high demand or competing demands or biosecurity concerns; and
ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable.
5: A Gazette
a: the space and aquaculture activities that the suspension on applications will apply to; and
b: the date the notice expires, which must not be more than 12 months after the date of the Gazette
6: If the Minister responsible for aquaculture declines a request made under section 468(1)
a: the Minister must notify the regional council or regional planning committee of the decision to decline the request; and
b: the regional council or regional planning committee must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
i: the request was declined; and
ii: applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.
7: The Minister responsible for aquaculture must notify the Minister of Conservation and the EPA of a decision to issue a Gazette 1991 No 69 s 165ZD
473: Subsequent requests for direction in relation to suspension of receipt of applications
1: The Minister responsible for aquaculture may, at their own initiative or at the request of the regional council or regional planning committee under section 468 Gazette section 472
a: the Minister considers there remains—
i: actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant aquaculture activity or activities; or
ii: a biosecurity concern relating to aquaculture activities; and
b: the Minister considers there are no planning or other measures in place that will satisfactorily manage the demand or biosecurity concern; and
c: the Minister is satisfied that more time is needed to put in place measures to manage the demand or biosecurity concern.
2: Sections 468 to 472 1991 No 69 s 165ZE Processing and hearing together of applications for coastal permits for aquaculture activities
474: Regional council may request direction to process and hear together applications for permits for purpose of aquaculture activities
1: A regional council may request the Minister responsible for aquaculture to direct it to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the council considers—
a: that processing and hearing together of those applications would be more efficient and would enable better assessment and management of cumulative effects of those permits; and
b: the plan does not provide adequately for efficient processing, assessment, and management of the cumulative effects of those permits.
2: The regional council’s request must—
a: specify—
i: the space in the common marine and coastal area it is proposed the direction will apply to; and
ii: the aquaculture activities that it is proposed the direction will apply to; and
iii: the applications or classes of applications for coastal permits it is proposed that the direction will apply to; and
b: be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of those permits if the direction were made. 1991 No 69 s 165ZF
475: Minister responsible for aquaculture may decide at own initiative to give direction
1: The Minister responsible for aquaculture may, at their own initiative, decide to give a direction to the regional council to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the Minister is of the opinion that the matters referred to in section 474(1)(a) and (b)
2: The decision must contain the information described in section 474(2)
476: Direction to process and hear applications together
1: If the Minister responsible for aquaculture receives a request for a direction under section 474
a: must consult the Minister of Conservation; and
b: may consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
c: may request any information or further information from the regional council; and
d: must decide, within the 25-day period, to give a direction or decline the request; and
e: must notify the decision to the regional council, the Minister of Conservation, and the EPA.
2: If the Minister responsible for aquaculture decides under section 475
a: this section applies other than subsection (1)(d) and subsections (5) to (7); and
b: the Minister must consult with the affected regional council.
3: The Minister responsible for aquaculture must not give a direction unless—
a: the Minister considers it will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction; and
b: the direction complies with section 477
4: The Minister responsible for aquaculture must give the direction by Gazette
5: A failure to comply with subsection (1)(d) within the 25-day period does not prevent the Minister responsible for aquaculture from giving a direction or declining a request.
6: Any period of consultation carried out under subsection (1)(b) is excluded from the 25-day period.
7: In this section, 25-day period section 475
477: Content of direction
1: A direction given under section 476
a: on the terms specified by the regional council under section 474(2)(a)
b: on terms that in the opinion of the Minister responsible for aquaculture will facilitate efficient processing, assessment, and management of the cumulative effects of those permits.
2: The direction must specify—
a: the space in the common marine and coastal area that the direction applies to; and
b: the aquaculture activities that the direction applies to; and
c: the applications or classes of applications to which the direction applies.
3: The direction may apply to applications or classes of applications that (without limitation) include—
a: applications made on or after the commencement date; or
b: applications made but not determined before the commencement date; or
c: applications defined by reference to their contents (for example, by the size of the space they relate to).
4: The direction may not apply to applications or classes of applications—
a: in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, to hold a hearing and the hearing has commenced or been completed; or
b: in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, that no hearing is required; or
c: to which section 487
d: made more than 12 months after the commencement date; or
e: in respect of which a notice of motion has been lodged with the Environment Court under section 236
f: called in by the Minister of Conservation under clause 55
g: for which a call-in request has been made by the regional council or the applicant under clause 55(1)(b)
h: lodged with the EPA before the commencement date, unless the application is referred to the local authority under clause 63(1)(c)
5: The direction may specify that an application for a coastal permit—
a: that is made after the commencement date; and
b: to which the direction does not apply— must not be processed and heard until decisions have been made and notified on all of the applications to which the direction applies.
6: In this section, commencement date Gazette 1991 No 69 s 165ZFA
478: Regional council must comply with direction
1: A regional council given a direction under section 476
2: The regional council must process and hear together applications to which the direction applies—
a: on and from the commencement date of the direction (as specified in the Gazette
b: in accordance with the terms of the direction (as specified in the Gazette Processing and hearing together of applications for coastal permits
479: Application of sections 480 to 485
Sections 480 to 485
a: a rule in a plan ( see section 445
b: a Gazette section 454
c: a Gazette section 476 1991 No 69 s 165ZFB
480: Interpretation
In this section and sections 481 to 485 affected application
a: means an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and
b: includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement comes into force PHT requirement Gazette section 479 1991 No 69 s 165ZFC
481: Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 232 to 238
1: On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 232
2: Despite sections 234 to 236
a: the regional council is considering a request by an applicant under section 232 section 482
b: the regional council has granted a request by an applicant under section 232 section 236(2)(a)
i: the regional council must continue to process the application in accordance with sections 482 483 section 235(3) to (5)
ii: the applicant may not lodge a notice of motion under section 236(2)(a) 1991 No 69 s 165ZFD
482: Processing of affected applications
1: Sections 239 to 275
2: The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants—
a: of the names and contact details of the other affected applicants; and
b: that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request.
3: The applicant must make the request under subsection (2) electronically or in writing on the form prescribed for a request under section 232
4: If the regional council receives requests under subsection (2) from all the applicants for affected applications within the required period, the regional council must decide whether to grant or decline the applicants’ requests that all the affected applications be determined by the Environment Court.
5: Despite the discretion to grant a request under subsection (4), if regulations have been made under section 801
a: the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
6: If subsection (4) applies and the regional council declines the requests, or if the regional council does not receive requests under subsection (2) from all applicants for affected applications within the required period, the regional council must continue to process and hear together the affected applications in accordance with this section and section 483
7: If subsection (4) applies and the regional council grants the requests, the regional council must prepare a report on each of the affected applications within the period that ends 20 working days after the date on which the regional council decided to grant the requests.
8: Section 235(4) to (6)
9: Each applicant for an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (7), whether the applicant continues to want the affected application to be determined by the Environment Court instead of by the regional council.
10: If the regional council—
a: receives advice from all the applicants for affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that—
i: the applicant’s affected application is to be determined by the Environment Court; and
ii: the applicant must lodge a notice of motion with the Environment Court that complies with section 236(2)(a)
b: does not receive advice from all the applicants for affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must—
i: give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and
ii: continue to process and hear together the affected applications in accordance with this section and section 483
11: Section 236(2)(b) and (c), (3), and (4)
12: If an applicant does not lodge a notice of motion with the Environment Court within 15 working days after the date of the notice under subsection (10)(a), the regional council must—
a: give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and
b: if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion, the regional council must cancel the applicant’s affected application.
13: Sections 236(5) to (7) 237
14: Sections 276 278 1991 No 69 s 165ZFE
483: Hearing of affected applications
The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:
a: if a hearing is to be held in respect of any affected application,—
i: a hearing must be held for all affected applications; and
ii: all affected applications must be heard together; and
b: if an applicant or person who made a submission on an affected application makes a request under section 280(2) section 280(4) section 62(1)
c: for the purposes of section 279(1)
i: within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 482(2)
ii: within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 482(6) or (10)
d: despite section 302
i: decisions on the affected applications are, subject to section 240(3)
ii: notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)(i) or (ii); and
e: paragraph (d)(i) is subject to sections 487 488 1991 No 69 s 165ZFF
484: Effect of requirement that applications be processed and heard together on power of Minister to call in applications under clause 55 of Schedule 10
1: Despite clause 55 58
a: the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and
b: if the Minister decides to call in an affected application by making a direction under clause 55(2)
c: in deciding whether to make the direction referred to in paragraph (b), the Minister—
i: may, in addition to the matters specified in clause 55(3)
ii: must have regard to the capacity of the local authority to process the affected applications and the views of—
A: the applicants for all the affected applications; and
B: the regional council; and
C: if the PHT requirement was made by Gazette section 463
2: Section 483(a), (d), and (e) Part 6 1991 No 69 s 165ZFG
485: Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
On and from the date on which the relevant PHT requirement comes into force, no affected application may be lodged with the EPA under clause 60 1991 No 69 s 165ZFH
2: Order in which applications by existing consent holders are to be processed
486: Application
1: This subpart applies only to applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities.
2: However, this subpart does not apply to an application if, at the time the application is made, an operative plan provides for a method of allocating authorisations for the space and activity. 1991 No 69 s 165ZG
487: Processing applications for existing permit holders
1: This section applies if—
a: a person holds a coastal permit to occupy space in the common marine and coastal area for aquaculture activities; and
b: the permit referred to in paragraph (a) ( existing coastal permit
i: is in force at the time of any application under paragraph (c); and
ii: applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
c: the holder of the existing coastal permit ( existing permit holder
i: for occupation of some or all of the same space; and
ii: for the same or another aquaculture activity; and
iii: accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
d: the application and any related applications are—
i: made to the appropriate consent authority; and
ii: made—
A: at least 6 months before the expiry of the existing coastal permit; or
B: in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.
2: If this section applies, then—
a: the applications must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
b: no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
c: the holder may continue to operate under the existing coastal permit until—
i: a new coastal permit is granted and all appeals are determined; or
ii: a new coastal permit is declined and all appeals are determined. 1991 No 69 s 165ZH
488: Applications for space already used for aquaculture activities
1: This section applies to an application for a coastal permit to occupy space in the common marine and coastal area for aquaculture activities if—
a: the application relates to space that is subject to a permit referred to in section 487
b: the application is made by a person who is not the existing permit holder.
2: The application must be held by the consent authority without processing until 3 months before the expiry of the permit.
3: While the application is being held under subsection (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy that space until after the application being held under subsection (2) is determined or has lapsed.
4: After receiving an application referred to in subsection (1), the consent authority must notify the existing permit holder—
a: of the application; and
b: that the holder can make an application in accordance with section 487(1)(c)
5: If an application to which section 487(1)(c)
6: If the application to which section 487(2)
7: If no application to which section 487(2)
8: However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under section 487(1)(c) 1991 No 69 s 165ZI
489: Additional criteria for considering applications for permits for space already used for aquaculture activities
1: When considering an application under section 487
2: When considering an application to which section 487 section 488(7) or (8)
a: compliance with the relevant operative plan; and
b: compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant.
3: In making an assessment under subsection (2)(a) and (b), the consent authority must, in relation to any successful enforcement action under Part 11
a: the number of any breaches that have occurred; and
b: the seriousness of the breach; and
c: how recently the breach occurred; and
d: the subsequent behaviour of the applicant after enforcement action. 1991 No 69 s 165ZJ
3: Aquaculture areas
490: Interpretation
In this subpart, unless the context otherwise requires,— application aquaculture area rules chief executive Fisheries Act 1996 reservation section 186JB of the Fisheries Act 1996 stock section 2
491: Request for aquaculture area decision
1: If a plan prescribes aquaculture areas and provides aquaculture area rules, a person may request the chief executive to make an aquaculture area decision in respect of—
a: an aquaculture area; and
b: any aquaculture activities that may be carried out in the aquaculture area.
2: The request must contain the following information:
a: the geographic co-ordinates of the aquaculture area; and
b: the applicable aquaculture area rules that apply in the area; and
c: any other plan rules relevant to aquaculture generally (eg, limits on how close to an aquaculture area other aquaculture applications may be made); and
d: any technical information related to the effects of aquaculture in the aquaculture area, including—
i: for aquaculture areas established by the regional planning committee under Schedule 6
ii: for aquaculture areas established by regulations made under section 793 Minister
e: any submissions made to the regional planning committee or the Minister, as the case may be, in relation to the aquaculture area and aquaculture area rules; and
f: any comments or advice that the regional planning committee, the IHP, or the Minister, as the case may be, has received from customary marine title groups or protected customary rights groups ( see section 9(1)
3: The request must be made,—
a: if the plan is notified by a regional planning committee under clause 44
i: the expiry of the appeal period in clauses 133 134
ii: the resolution of any appeal relating to the aquaculture area or aquaculture area rules; or
b: if the plan is amended by regulations made under section 793
492: Aquaculture area subject to quota management system reservation
1: If the chief executive makes a reservation relating to stock that is subject to the quota management system,—
a: the part of the aquaculture area to which the reservation relates is closed for applications during the period (the waiting period
i: commencing on the date of the aquaculture area decision; and
ii: ending on the date that is 6 months later or, if an extension under section 186ZI
b: if an aquaculture agreement or compensation declaration relating to the reservation is registered under the Fisheries Act 1996
i: the terms of the agreement or declaration must be made available by the negotiator in accordance with section 186ZEA(2) of the Fisheries Act 1996
ii: each applicant must demonstrate in their application that the negotiator agrees that they have met the terms of the agreement or declaration; and
iii: if the application is granted, it commences in accordance with section 318
c: if no aquaculture agreement or compensation declaration relating to the reservation is so registered, the application (other than an application for an authorisation) must proceed in accordance with section 293
2: In this section,— aquaculture agreement section 186ZH compensation declaration section 186ZHA
493: Aquaculture area subject to reservation
An application that is granted to occupy space in an aquaculture area that is subject to a reservation must commence in accordance with section 324
a: recreational fishing or customary fishing; or
b: commercial fishing in relation to stocks and species not subject to the quota management system.
494: Extension of duration of aquaculture area decision
1: If an aquaculture area decision exists, and a regional planning committee is satisfied that a plan contains no, or minor, changes to the relevant aquaculture area and the aquaculture area rules, the regional planning committee may request the chief executive to extend the duration of the aquaculture area decision.
2: See section 186JI of the Fisheries Act 1996
4: Coastal tendering relating to certain activities
495: Application
1: This subpart applies to the following activities in the coastal marine area:
a: removing any sand, shingle, shell, or other natural material:
b: reclaiming or draining any foreshore or seabed.
2: This subpart does not apply to applications for coastal permits to authorise the occupation of a coastal marine area. 1991 No 69 s 151AA
496: Interpretation
In this subpart, unless the context otherwise requires,— authorisation section 506 Minister Order in Council section 497 1991 No 69 s 151
497: Order in Council may require holding of authorisation
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct that a consent authority must not grant a coastal permit for a specified part of the marine and coastal area (other than for any specified freehold land) that would, if granted, authorise the permit holder to undertake an activity to which this subpart applies, unless the applicant holds an authorisation for that activity.
2: The Minister must not make a recommendation—
a: unless they consider that there is, or is likely to be, for an area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities to which this subpart applies:
b: that relates to the reclamation or drainage of any foreshore or seabed in the coastal marine area of any region until a proposed plan has been prepared and notified under this Act for that region.
3: An Order in Council expires on the second anniversary of the date on which it came into force. 1991 No 69 s 152
498: Application of Order in Council
An Order in Council does not apply to or affect—
a: any application for a coastal permit made before the date on which the Order in Council came into force:
b: any application, whether made before or after the date on which the Order in Council came into force, for a coastal permit to do something—
i: that otherwise would contravene section 25 26 27 28
ii: that otherwise would contravene section 23 section 495(1)
c: any application for a coastal permit to which section 328
d: any of the following in force or being carried out on the date on which the Order in Council came into force:
i: any coastal permit:
ii: any permitted activity in the coastal marine area:
iii: any other lawful activity. 1991 No 69 s 153
499: Publication, etc, of Order in Council
The Minister must, as soon as practicable,—
a: cause a copy of every Order in Council to be served on the appropriate regional planning committee; and
b: cause a notice of the making of the Order in Council and its effect to be served on—
i: the Minister for the Environment:
ii: every territorial authority whose district or any part of whose district is situated within the region to which the Order in Council relates:
iii: the tangata whenua of that region, through iwi authorities and groups that represent hapū. 1991 No 69 s 154
500: Particulars of Order in Council to be endorsed on plan
On receipt of a copy of an Order in Council, the regional planning committee must endorse particulars of it on the plan, but the endorsement does not form part of the plan. 1991 No 69 s 155
501: Effect of Order in Council
Except as otherwise provided in section 498
a: the applicant for that permit holds an authorisation that authorises the activity; or
b: the Order in Council does not require such an authorisation to be held. 1991 No 69 s 156
502: Calling of public tenders for authorisations
1: If an Order in Council is in force for any part of the coastal marine area, the Minister may, at any time by a publicly notified tender, offer authorisations for the whole or any portion of that part for all or any of the activities to which the Order in Council applies.
2: The public notice of every offer must—
a: specify the range of activities to which the authorisation, once issued, will apply; and
b: describe the area of land to which the authorisation, once issued, will apply, including the size, shape, and location of that area; and
c: specify the closing date for tenders, which may be any date the Minister considers appropriate; and
d: specify the manner in which tenders must be submitted.
3: The public notice may also specify—
a: in the case of extraction, the maximum tonnage and period (not exceeding 35 years) of extraction:
b: whether or not it is intended that the area will be retendered when the coastal permit to which it relates expires.
4: The Minister may amend, revoke, or replace any notice before the time by which tenders must be received expires.
5: In conducting a tender under this section, the Minister must give effect to any preferential right to which section 463(1) section 463 1991 No 69 s 157
503: Requirements of tender
1: Every tender for an authorisation must specify—
a: the activity or range of activities for which the authorisation is sought; and
b: for an authorisation to remove any sand, shingle, shell, or other natural material, the maximum period of any proposed coastal permit, and the maximum amount of material proposed to be extracted under the permit; and
c: the total remuneration offered, including—
i: any initial payment for the authorisation:
ii: any royalty for the extraction of material, and any proposed formula for adjustment of royalty.
2: The tender must be accompanied by—
a: the prescribed fee (if any) and, if an initial payment for the authorisation is offered, a cash deposit of that payment or equivalent security to the satisfaction of the Minister; and
b: any additional information specified in the public notice calling for tenders. 1991 No 69 s 158
504: Acceptance of tender, etc
1: The Minister may, after having regard to the matters specified in subsection (2), in their discretion,—
a: accept any tender, whether or not it is the highest tender; or
b: enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or
c: reject all tenders and call for new tenders under section 502
2: The matters concerned are—
a: the interests (including the financial interests) of the Crown in the coastal marine area; and
b: the financial and other circumstances of the tenderers; and
c: any other matters the Minister considers relevant.
3: If the Minister decides to accept a tender or reject all tenders, the Minister—
a: must without delay give written notification of the decision to the appropriate regional council and every tenderer; and
b: must include reasons for the decision and the details of the name of the successful tenderer and the nature of the activity to which the tender relates.
4: If the Minister reaches an agreement with a tenderer under subsection (1)(b), the Minister must without delay give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates. 1991 No 69 s 159
505: Notice of acceptance of tender
1: Every tender accepted in accordance with section 504
2: At the same time as giving any written notice of acceptance, the Minister must also give written notice to every other tenderer of the failure of their tender and, on request, return all documents submitted with each unsuccessful tender. 1991 No 69 s 160
506: Grant of authorisation
1: If the Minister gives notice of acceptance of a tender or enters into an agreement satisfactory to the Minister under section 504(1)(b)
2: The Minister must cause a copy of every authorisation to be given to the appropriate regional council and regional planning committee. 1991 No 69 s 161
507: Authorisation does not confer right to coastal permit, etc
1: The granting of an authorisation under section 506
2: If a coastal permit is granted to the holder of an authorisation for an area to which the authorisation relates, that permit,—
a: in the case of an activity to remove any sand, shingle, shell, or other natural material,—
i: must not be granted for a period greater than the period specified in the authorisation; and
ii: must not authorise the removal of any material at a rate, or of a total quantity, greater than that specified in the authorisation; and
b: is subject to section 300 1991 No 69 s 162
508: Authorisation may be transferred
Every authorisation may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been given to and received by the Minister and the appropriate regional council and regional planning committee. 1991 No 69 s 163
509: Authorisation to lapse in certain circumstances
1: An authorisation lapses unless, within 2 years after it was granted, its holder has obtained a coastal permit that includes conditions authorising the holder to undertake the activity and (if relevant) occupy the area for which the authorisation was granted.
2: However, the authorisation does not lapse until the time for lodging an appeal in respect of the decision has expired, or the decision of the court in respect of any appeal has been given, if—
a: before the second anniversary of the date an authorisation is granted, its holder has applied for a coastal permit for the activity to which the authorisation relates; and
b: on that second anniversary date,—
i: no decision has been made by the consent authority on that application; or
ii: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on that appeal. 1991 No 69 s 164
510: Tender money
1: If a person to whom an authorisation has been granted forwarded an initial payment to the Minister under section 503(2) Public Finance Act 1989
2: If an authorisation granted to a person to whom subsection (1) applies has lapsed under section 509
3: If any tenderer who has failed to obtain an authorisation forwarded an initial payment to the Minister under section 503(2) 1991 No 69 s 165
9: Matters relevant to natural and built environment plans
1: Designations
Preliminary provisions
511: Interpretation
1: In this Act, unless the context otherwise requires,— CIP identified Māori land
a: Māori customary land:
b: land vested in the Māori Trustee that—
i: is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955
ii: remains subject to that Act:
c: land set apart as a Māori reservation under Part 17
d: land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of the Te Urewera Act 2014):
e: the maunga listed in section 10
f: Māori freehold land:
g: other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over that land, but this paragraph does not apply to land transferred from or vested by the Crown, a Crown body, or a local authority under Treaty settlement legislation natural and green infrastructure primary CIP section 518 public work responsible infrastructure authority section 7 responsible special purpose vehicle section 7 secondary CIP section 518 special purpose vehicle Infrastructure Funding and Financing Act 2020
2: In this Part, work relates to the construction of eligible infrastructure
a: involves such construction for which a special purpose vehicle has financial responsibility; or
b: is work—
i: that is required to facilitate the future construction of eligible infrastructure; and
ii: for which the local authority or the territorial authority giving notice of its requirement for a designation (under section 517(3) 1991 No 69 s 166
512: Recognition of identified Māori land as taonga tuku iho
1: The functions, duties, and powers conferred by this subpart must be exercised in a manner that recognises that identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land.
2: A person exercising a power or performing a function or duty under this subpart must consider the rights and interests of owners of identified Māori land to retain, control, utilise, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
3: This section applies if the function, duty, or power is performed or exercised—
a: in relation to a notice of requirement for a designation, a new designation, or an existing designation:
b: where clause 30
c: under this subpart or any provision elsewhere in this Act that relates to designations. Who may exercise designation powers
513: Application to become requiring authority
1: A network utility operator or an applicant other than a network utility operator ( other applicant
2: The Minister may make any inquiry into the application and request any information that the Minister considers necessary.
3: The Minister may, subject to section 512
a: a particular project or work; or
b: a particular network utility operation.
4: The Minister may approve an application on any terms and conditions (including provision of a bond) that the Minister considers necessary. 1991 No 69 s 167(1)–(4A)
514: Criteria for approval as requiring authority
Network utility operators
1: Subsections (2) and (3) apply to a network utility operator described in paragraphs (a) to (m) of the definition of that term in section 11
2: The Minister must not give approval under section 513
a: the approval of the applicant as a requiring authority is appropriate for the purposes of carrying out the project, work, or network utility operation; and
b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and will give proper regard to the interests of those affected and to the interests of the environment.
3: If the applicant is a network utility operator described in paragraph (i) of the definition of that term in section 11 Other applicants
4: Subsections (5) to (8) apply to any other applicant who wishes to be approved under section 513
5: The Minister must not give approval under section 513
a: approval of the applicant as a requiring authority is appropriate for the purposes of carrying out the project or work; and
b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and have proper regard to the interests of those affected and to the interests of the environment.
6: The Minister must not give approval under section 513
a: the project or work provides a significant and identifiable public benefit necessary for the functioning of the economy, the health and safety of people, or the protection of the environment; and
b: the public benefit is for the general public or a sufficient section of the public; and
c: there are limited options for locating the project or work due to operational requirements or the project or work responds to a defined need in a specific location; and
d: the size and scale of the project or work is such that approval as a requiring authority is appropriate; and
e: the project or work is not a commercial retail activity (such as a supermarket or petrol station) or a facility to support a commercial retail activity (such as a warehousing or distribution facility).
7: For the purposes of subsection (6)(a), a project or work that has a significant and identifiable public benefit is not precluded just because the operator charges a fee for access or obtains a commercial benefit from it.
8: The Minister may have regard to—
a: whether the project would be more appropriately progressed using the other processes provided by this Act (such as a plan change or a resource consent); and
b: any other matter that the Minister considers relevant and reasonably necessary to determine the application.
515: Public notice of approval as requiring authority
1: The Minister’s approval under section 513 Gazette
2: If the Minister approves any requiring authority, the Minister must also recommend that the national planning framework be amended to include the operator or other applicant in a schedule of approved requiring authorities.
3: Amendments to the national planning framework for the purpose of subsection (2) must be made without following any other process.
516: Revocation of approval as requiring authority
1: The Minister may revoke any approval given under section 513
a: a requiring authority is unlikely to undertake or complete a project or work for which approval as a requiring authority was given; or
b: a requiring authority is unlikely to satisfactorily carry out any responsibility as a requiring authority under this Act; or
c: a requiring authority (other than any other applicant approved as a requiring authority) is no longer a network utility operator.
2: The Minister’s revocation must be in writing and be notified or published in the Gazette
3: On revocation of an approval under subsection (1), all functions, powers, and duties of the former requiring authority under this Act in relation to any designation, or any requirement for a designation, must be treated as having been transferred to the Minister under section 541
4: If the Minister revokes an approval of a requiring authority, the Minister must recommend that the schedule of approved requiring authorities in the national planning framework be amended to remove the requiring authority from the schedule, and section 515(3) 1991 No 69 s 167(5), (6) Designation instruments
517: Notice of requirement for designation
1: A Minister of the Crown who, or a local authority which, has financial responsibility for a public work may give notice to a territorial authority of its requirement for a designation—
a: for a public work; or
b: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
2: A requiring authority for a purpose approved under section 513
a: for a project or work; or
b: in respect of any land, water, subsoil, or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of the project or work.
3: A local authority may give notice to a territorial authority of its requirement for a designation for a project or work within its district or region that relates to the construction of eligible infrastructure for which the local authority is a responsible infrastructure authority.
4: However, a requirement for a designation must not be made in respect of the coastal marine area. 1991 No 69 s 168
518: Primary and secondary CIPs
1: A primary CIP must be lodged with the territorial authority for every notice of requirement, either at the same time or after the notice is lodged.
2: A primary CIP must—
a: identify the construction and operation activities, the associated effects, and how the requiring authority intends to manage those effects; and
b: list any matters that the requiring authority has decided to include in a secondary CIP; and
c: provide the information that is needed to enable the territorial authority and the regional planning committee (if section 526 section 527
3: Subject to subsection (4), the requiring authority must lodge a secondary CIP with the territorial authority to allow the territorial authority to request changes before construction is commenced.
4: A secondary CIP need not be lodged with the territorial authority if—
a: the proposed public work, project, or work has been otherwise approved under this Act; or
b: the details of the proposed public work, project, or work, as referred to in subsection (5), are incorporated into the designation or primary CIP; or
c: the territorial authority waives the requirement for a secondary CIP.
5: A secondary CIP must show—
a: the height, shape, and bulk of the public work, project, or work; and
b: the location on the site of the public work, project, or work; and
c: the likely finished contour of the site; and
d: the vehicular access, circulation, and provision for parking; and
e: the landscaping proposed; and
f: any other matters to avoid, minimise, or remedy any adverse effects on the environment; and
g: any other matter that was specified in the relevant primary CIP as being addressed in the secondary CIP.
6: This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority. 1991 No 69 s 176A(1)–(3)
519: Process for confirming designation
1: A requiring authority may use one of the following processes to confirm a designation:
a: a combined process, where—
i: a notice of requirement and primary CIP are lodged together with the territorial authority; and
ii: a secondary CIP must be lodged with the territorial authority before construction commences:
b: a design and build process, where—
i: a notice of requirement and primary CIP are lodged together with the territorial authority; and
ii: a secondary CIP is not required:
c: a spatial footprint process, where—
i: a requiring authority gives a notice of requirement to the territorial authority and makes a decision on the notice of requirement under section 528
ii: the notice of requirement includes an assessment of the effect of the restrictions on landowners and occupiers of land within or adjacent to the boundaries of the notice of requirement that will result from the designation being in place, but need not duplicate anything in the assessment of construction and operation activities required under a primary CIP; and
iii: before construction commences,—
A: a requiring authority lodges, and makes a decision on, a primary CIP; and
B: if required, a secondary CIP must be lodged with the territorial authority.
2: If the notice of requirement and primary CIP are lodged together under subsection (1)(a) or (b), those documents must include the information required by section 518(2) Process for designations
520: How to give notice of requirement
1: A Minister of the Crown, a requiring authority, or a local authority authorised by section 517
2: A requiring authority may at any time withdraw a requirement by giving notice in writing to the territorial authority.
3: On receipt of notification under subsection (2), the territorial authority must—
a: publicly notify the withdrawal; and
b: notify all persons upon whom the requirement has been served. 1991 No 69 s 168
521: Notification of notices of requirement and CIPs
1: The territorial authority must consider the notice of requirement and primary CIP together for the purpose of notification.
2: However, if the notice of requirement is only for a spatial footprint, the territorial authority need only consider the effects of construction and operation activities when assessing the primary CIP for the purpose of notification.
3: The territorial authority must publicly notify a notice of requirement or primary CIP unless subsection (4) applies.
4: Limited notification may be required if affected persons are identified.
5: When determining whether a person is an affected person for the purpose of limited notification of a notice of requirement or primary CIP, the territorial authority must consider whether the person—
a: has an interest in the project or work that is greater than that of the general public; or
b: is likely to experience adverse effects that are more than minor when compared to the level of adverse effects anticipated in the national planning framework or the relevant plan.
6: Despite subsection (4), if the notice of requirement or primary CIP project or work has a notification status requiring public notification under the national planning framework or the plan for the region, that notification status applies to the notice of requirement or primary CIP.
7: In all instances, whether public or limited notification is required, the following parties must be notified:
a: landowners and occupiers of land within the boundaries of the notice of requirement:
b: landowners and occupiers of land adjacent to the boundaries of the notice of requirement:
c: any relevant iwi authority and groups that represent hapū.
8: The territorial authority must make a determination regarding notification within 10 working days after receiving the notice of requirement or primary CIP.
522: Notice of requirement by territorial authority
1: This section applies if a territorial authority decides to issue a notice of requirement for a designation—
a: for a public work within its district and for which it has financial responsibility; or
b: for work within its district that relates to the construction of eligible infrastructure for which the territorial authority is a responsible infrastructure authority; or
c: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
2: The notification requirements in section 521
3: Section 517
4: Sections 249 to 251 272 273 274 276 277 279 280 281 282 524 subpart 3
a: a reference to a resource consent were a reference to the requirement; and
b: a reference to an application for a resource consent were a reference to the notice of requirement; and
c: a reference to an activity were a reference to the designation; and
d: a reference to an applicant or a consent authority were a reference to the territorial authority.
5: The date for the commencement of a hearing is as follows:
a: if the territorial authority gives a direction under clause 87
b: section 279 clause 87
6: When considering a requirement and any submissions received, a territorial authority must not have regard to—
a: any effect of an activity on scenic views from private properties; or
b: the visibility of commercial signage or advertising being obscured as an effect of an activity; or
c: any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
i: the social or economic characteristics of residents; or
ii: types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
iii: residents requiring support or supervision in their housing because of their legal status or disabilities; or
d: trade competition or the effects of trade competition.
7: When considering a requirement and any submissions received, a territorial authority may have regard to the purpose of the Act only if, and to the extent that, it is necessary—
a: to resolve ambiguity in the national planning framework:
b: to resolve conflict between framework outcomes:
c: to deal with a matter that is not addressed in the national planning framework.
8: When considering a requirement and any submissions received, a territorial authority must consider the effects on the environment of allowing the requirement, having particular regard to—
a: any relevant provisions of—
i: the national planning framework:
ii: a plan or proposed plan; and
b: consistency with the regional spatial strategy; and
c: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the project or work if—
i: the requiring authority does not have an interest in the land sufficient for undertaking the project or work; or
ii: it is likely that the project or work will have a significant adverse effect on the environment; and
d: if the project or work concerned has not been described in a regional spatial strategy, whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
e: any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
9: However, there is no need to consider alternatives under subsection (8)(c) if the project or work concerned has been spatially identified in a regional spatial strategy and alternative sites, routes, or methods of undertaking the project or work were adequately considered by the regional planning committee in preparing the regional spatial strategy.
10: If the project or work concerned has been described in a regional spatial strategy, the territorial authority must not consider whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought.
11: The effects to be considered under subsection (8) may include any positive effects on the environment to offset or take steps to provide environmental compensation for any adverse effects on the environment that will or may result from the project or work enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.
12: The territorial authority may decide to—
a: confirm the requirement:
b: modify the requirement:
c: impose conditions:
d: withdraw the requirement.
13: For the purposes of this section,—
a: a reference to a requirement includes the different processes described in section 526(1)
b: if the territorial authority considers a notice of requirement or primary CIP separately, the requirements in this section apply to the extent that they are within the scope of, and are relevant to, the notice of requirement or primary CIP, as the case may be.
14: Sections 529 530 534 1991 No 69 s 168A
523: Secondary CIP notification, changes, and information requests
1: Within 20 working days after receiving a secondary CIP, the territorial authority must—
a: confirm that the secondary CIP addresses matters contained in the primary CIP; and
b: if the secondary CIP does not address matters contained in the primary CIP or addresses matters not contained in the primary CIP,—
i: notify the secondary CIP in accordance with the criteria set out in section 521(2)
ii: request the requiring authority to make changes to the secondary CIP within 20 working days after the territorial authority’s request is made.
2: Before deciding whether to notify or request changes to the secondary CIP under subsection (1)(b), the territorial authority may request further information from the requiring authority to be provided within 20 working days after the territorial authority’s request is made.
3: The territorial authority may extend the period specified for subsection (1)(b) if it requests the requiring authority to provide further information.
4: If the requiring authority does not provide the requested further information within the required time frame, the territorial authority may treat the secondary CIP as a primary CIP and, in that case, it is subject to section 521
5: If the requiring authority decides not to make the changes requested under subsection (1)(b)(ii), the territorial authority may, within 15 working days after being notified of the requiring authority’s decision, appeal against the decision to the Environment Court.
6: In determining the appeal, the Environment Court must consider whether the changes requested by the territorial authority are in accordance with the purpose of this Act.
7: This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority. 1991 No 69 s 176A(4)–(6)
524: Further information, submissions, and hearing for notice of requirement
1: A territorial authority need not hold a hearing in relation to a notice of requirement or primary CIP unless—
a: it considers that a hearing is necessary; or
b: either the applicant or a person who made a submission in respect of the notice of requirement or primary CIP has requested to be heard and has not subsequently advised that they do not wish to be heard.
2: However, the territorial authority must not waive the requirement for a hearing if—
a: a hearing is required by an agreement between the consent authority and an iwi authority, groups that represent hapū, or Māori groups with interests in the region or district or by Treaty settlement legislation; or
b: it is more effective and efficient for issues and information to be tested at a hearing.
3: The territorial authority may request the requiring authority and submitters to provide further information for the purpose of determining whether a hearing is necessary, including—
a: clarification of submissions; and
b: expert evidence.
4: The territorial authority must inform the applicant and the submitters, within 10 working days or the time prescribed by regulations made under section 801
5: If the territorial authority holds a hearing, it—
a: may invite the applicant, any person commissioned to write a report, any submitters, or any relevant persons (including technical experts) to be heard:
b: must invite the applicant to be heard if the territorial authority is hearing from submitters or any other persons wishing to be heard. 1991 No 69 s 169(1)–(1B)
525: Application of resource consent hearing provisions
1: Sections 249 to 251 272 to 277 279 280 to 282 524 subpart 3
a: as if the territorial authority were a consent authority and the notice or primary CIP were an application for a resource consent; and
b: with any other necessary modifications.
2: A person making a submission on a notice of requirement or primary CIP must provide the territorial authority with the following information when filing the submission:
a: details of what the submitter is seeking:
b: supporting material and associated information explaining their request, including copies of any expert reports relied upon in the person’s submission. 1991 No 69 s 169(2), (3) Further provisions relating to designations
526: Discretion to include requirement in proposed plan
1: Subsection (2) applies if a regional planning committee proposes to notify a proposed plan under clause 34
a: a notice of requirement to be included in the plan (but without an accompanying primary CIP); or
b: a notice of requirement together with a primary CIP to be included in the plan; or
c: a primary CIP lodged after the notice of requirement is included in the plan.
2: The regional planning committee may, with the consent of the requiring authority and the territorial authority, include the requirement and primary CIP in its proposed plan without compliance with sections 521 524 525 1991 No 69 s 170
527: Recommendation by territorial authority and regional planning committee
1: When considering a requirement and any submissions received, a territorial authority and a regional planning committee must not have regard to—
a: any effect of an activity on scenic views from private properties; or
b: the visibility of commercial signage or advertising being obscured as an effect of an activity; or
c: any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
i: the social or economic characteristics of residents; or
ii: types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
iii: residents requiring support or supervision in their housing because of their legal status or disabilities; or
d: trade competition or the effects of trade competition.
2: When considering a requirement and any submissions received, a territorial authority and a regional planning committee may have regard to the purpose of the Act only if, and to the extent that, it is necessary—
a: to resolve ambiguity in the national planning framework:
b: to resolve conflict between framework outcomes:
c: to deal with a matter that is not addressed in the national planning framework.
3: When considering a requirement and any submissions received, a territorial authority and a regional planning committee must consider the effects on the environment of allowing the requirement, having particular regard to—
a: any relevant provisions of—
i: the national planning framework:
ii: a plan or proposed plan; and
b: consistency with the regional spatial strategy; and
c: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the project or work if—
i: the requiring authority does not have an interest in the land sufficient for undertaking the project or work; or
ii: it is likely that the project or work will have a significant adverse effect on the environment; and
d: if the project or work concerned has not been described in a regional spatial strategy, whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
e: any other matter the territorial authority or regional planning committee considers reasonably necessary in order to make a recommendation on the requirement.
4: However, there is no need to consider alternatives under subsection (3)(c) if the project or work concerned has been spatially identified in a regional spatial strategy and alternative sites, routes, or methods of undertaking the project or work were adequately considered by the regional planning committee in preparing the regional spatial strategy.
5: If the project or work concerned has been described in a regional spatial strategy, the territorial authority and the regional planning committee must not consider whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought.
6: The effects to be considered under subsection (3) may include any positive effects on the environment to offset or take steps to provide environmental compensation for any adverse effects on the environment that will or may result from the project or work enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.
7: The territorial authority and the regional planning committee may recommend to the requiring authority that it—
a: confirm the requirement:
b: modify the requirement:
c: impose conditions:
d: withdraw the requirement.
8: However, if the requiring authority is the Minister of Education or the Minister of Defence, the territorial authority and the regional planning committee may not recommend imposing a condition requiring an environmental contribution.
9: The territorial authority and the regional planning committee must give reasons for their recommendation under subsection (7) and make any recommendation within the time prescribed by regulations made under section 801
10: For the purposes of this section,—
a: a reference to a requirement includes the different processes described in section 526(1)
b: a reference to a regional planning committee relates to the circumstances where section 526
c: if the territorial authority or regional planning committee considers a notice of requirement or primary CIP separately, the requirements in this section apply to the extent that they are within the scope of, and are relevant to, the notice of requirement or primary CIP, as the case may be. 1991 No 69 s 171
528: Decision of requiring authority
1: Within 30 working days after the day on which it receives a territorial authority’s recommendation under section 527
2: A requiring authority may modify a requirement if, and only if, that modification is recommended by the territorial authority or is not inconsistent with the requirement as notified.
3: If a requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority must give reasons for its decision.
4: For the purposes of this section, a reference to a requirement includes the different processes described in section 526(1) 1991 No 69 s 172
529: Notification of decision on designation
1: The territorial authority must ensure that, within 15 working days after it receives a decision made under section 528
a: persons who made a submission on the requirement; and
b: owners and occupiers of land to which the designation applies.
2: If the territorial authority gives a notice summarising a decision, it must—
a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the region; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received. 1991 No 69 s 173 2010 No 37 s 151(5)
530: Designation to be provided for in plan
1: Subsection (2) applies to a territorial authority if—
a: a requiring authority makes a decision under section 528
i: no appeal is lodged against the requiring authority's decision within the time permitted by section 534(3)(c)
ii: an appeal is lodged against the requiring authority's decision under section 534
iii: an appeal is lodged against the requiring authority's decision and the Environment Court confirms or modifies the requirement; or
b: a board of inquiry decides to confirm a requirement with or without modifications under clause 80(4)
c: the Environment Court decides to confirm a requirement with or without modifications under section 551 557 clause 85(4)
2: The territorial authority must request the regional planning committee to, as soon as practicable and without using Schedule 6
a: include the designation in its plan and any proposed plan (as if it were a rule) in accordance with the requirement as issued or modified in accordance with this Act; and
b: state in its plan and in any proposed plan the name of the requiring authority that has the benefit of the designation. 1991 No 69 s 175
531: Effect of designation
1: If a designation is included in a plan, then—
a: section 21(1)
b: no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including—
i: undertaking any use of the land; and
ii: subdividing the land; and
iii: changing the character, intensity, or scale of the use of the land.
2: A designation in a plan must comply with environmental limits set under section 110 section 115
3: The provisions of a plan or proposed plan apply in relation to any land that is subject to a designation only to the extent that the land is used for a purpose other than the designated purpose.
4: This section is subject to section 532 1991 No 69 s 176
532: Land subject to existing designation
1: If a designation is included in a plan, and the land that is the subject of the designation is already the subject of an earlier designation,—
a: the requiring authority responsible for the later designation may do anything that is in accordance with that designation only if that authority has first obtained the written consent of the authority responsible for the earlier designation; and
b: the authority responsible for the earlier designation may, despite section 531(1)(b)
2: The authority responsible for the earlier designation may withhold its consent under subsection (1) only if that authority is satisfied that the thing to be done would prevent or hinder the public work or project or work to which the designation relates.
3: This section is subject to section 21(1) sections 22 to 26 1991 No 69 s 177
533: Interim effect of requirements for designations
1: This section applies when—
a: a requiring authority gives to or lodges with the EPA notice of a requirement for a designation under clause 22 60(2)
b: a requiring authority gives notice of a requirement for a designation to a territorial authority under section 517
c: a requiring authority gives notice of a requirement for a modified designation under clause 30
d: a regional planning committee decides to include a requirement for a designation in its proposed plan under clause 30
e: a territorial authority decides to issue a notice of requirement for a designation within its own district under section 522
2: In the period that starts as described in subsection (3)
3: The period starts,—
a: for the purposes of subsection (1)(a), on the day on which the requiring authority gives notice under clause 60(2)
b: for the purposes of subsection (1)(b), on the day on which the requiring authority gives notice of the requirement under section 517
c: for the purposes of subsection (1)(c), on the day on which the requiring authority gives notice of the requirement for the modified designation under clause 30
d: for the purposes of subsection (1)(d), on the day on which the regional planning committee decides to include a requirement for a designation in its proposed plan under clause 30
e: for the purposes of subsection (1)(e), on the day on which the territorial authority decides whether to notify the notice of requirement under section 522
4: The period ends on the earliest of the following days:
a: the day on which the requirement is withdrawn:
b: the day on which the requirement is cancelled:
c: the day on which the designation is included in a plan:
d: if the territorial authority makes a recommendation in relation to the designation, but the requiring authority does not make its decision on the designation within the 30 working days specified in section 528(1)
5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement.
6: This section does not prevent an authority responsible for an earlier designation from doing anything that is in accordance with the earlier designation. 1991 No 69 s 178
534: Appeal to Environment Court
1: This section applies if the process in sections 517 to 523 section 526 see clause 135
2: Any 1 or more of the following persons may appeal to the Environment Court in accordance with this section against the whole or any part of a decision of a requiring authority under section 528
a: the territorial authority concerned:
b: any person who made a submission on the requirement.
3: Notice of an appeal under this section must—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required to be stated by regulations made under section 801
c: be lodged with the Environment Court and be served on the requiring authority whose decision is appealed against within 15 working days after the date on which notice of the decision is given in accordance with section 529
4: The appellant must ensure that a copy of the notice of appeal is served on every person referred to in subsection (2) (other than the appellant) within 5 working days after the notice is lodged with the court.
5: In determining an appeal, the Environment Court must have regard to the matters set out in section 527(3) section 527(1)
a: cancel a requirement; or
b: confirm a requirement; or
c: confirm a requirement, but modify it or impose conditions on it as the court thinks fit.
6: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)(c) requiring an environmental contribution. 1991 No 69 s 174
535: Appeals relating to sections 531(1)(b), 532(2), and 533(2)
1: Any person who has been refused consent by a requiring authority under section 531(1)(b) 532(2) 533(2)
2: Notice of an appeal under this section must—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required to be stated by regulations made under section 801
c: be lodged with the Environment Court and served on the requiring authority whose decision is appealed against within 15 working days of receiving the requiring authority's decision under section 531(1)(b) 532(2) 533(2)
3: In considering an appeal under this section, the court must have regard to—
a: whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
b: whether the decision appealed against would render the land that is subject to the designation or requirement incapable of reasonable use; and
c: the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation.
4: The Environment Court may confirm or reverse the decision appealed against or modify the decision in any manner that the court thinks fit. 1991 No 69 s 179
536: Alteration of designation
1: A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation.
2: Subject to subsection (3), sections 253 to 257 517 to 530
3: A territorial authority may request the regional planning committee at any time to alter a designation in its plan or proposed plan if—
a: the alteration—
i: involves no more than a minor change to the effects on the environment associated with the use or proposed use of land or any water concerned; or
ii: involves only minor changes or adjustments to the boundaries of the designation or requirement; and
b: written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and
c: the requiring authority agrees with the alteration.
4: Sections 253 to 257 517 to 530
5: If a plan provision becomes more permissive,—
a: the requiring authority may give notice in writing to the regional planning committee to alter the notice of requirement or CIP (or both) to align the document or documents with the more permissive provision; and
b: the regional planning committee must alter the relevant documents in the manner provided in section 530(2)
6: This section applies, with all necessary modifications, to a requirement by a territorial authority to alter its own designation or requirement within its own district. 1991 No 69 s 181
537: Removal of designation
1: If a requiring authority no longer wants a designation or part of a designation, it must give notice in the prescribed form to—
a: the regional planning committee concerned; and
b: every person who is known by the requiring authority to be the owner or occupier of any land to which the designation relates; and
c: every other person who, in the opinion of the requiring authority, is likely to be affected by the designation.
2: As soon as is reasonably practicable after receiving a notice under subsection (1), the regional planning committee must, without using the process in Schedule 6
3: The provisions of Schedule 6
4: However, if a regional planning committee considers the effect of the removal of part of a designation on the remaining designation is more than minor, it may, within 20 working days of receipt of the notice under subsection (1), decline to remove that part of the designation.
5: A requiring authority may object, under section 764 1991 No 69 s 182
538: Lapsing of designations that have not been given effect to
1: A designation lapses on the expiry of 10 years after the date on which it is included in a plan unless—
a: it is given effect to before the end of that period; or
b: the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation, and is continuing to be made, and fixes a longer period for the purposes of this subsection; or
c: the designation specified a different period when incorporated in the plan.
2: If subsection (1)(b) or (c) applies in respect of a designation, the designation lapses on the expiry of the period referred to in that paragraph unless—
a: it is given effect to before the end of that period; or
b: the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation, and is continuing to be made, and fixes a longer period for the purposes of this subsection.
3: A requiring authority may object, under section 764 1991 No 69 s 184
539: Environment Court may order taking of land
1: An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or requirement under this Part may apply at any time to the Environment Court for an order obliging the requiring authority responsible for the designation or requirement to acquire or lease all or part of the owner's estate or interest in the land under the Public Works Act 1981
2: An application under subsection (1) must be in the prescribed form and the applicant must serve a copy of the application on the requiring authority and the regional planning committee.
3: The Environment Court may make an order applied for under subsection (1) if it is satisfied that—
a: the owner has tried, but been unable, to enter into an agreement for the sale of the estate or interest in the land subject to the designation or requirement at a price not less than the market value that the land would have had if it had not been subject to the designation or requirement; and
b: either—
i: the designation or requirement prevents reasonable use of the owner's estate or interest in the land; or
ii: the applicant was the owner, or the spouse, civil union partner, or de facto partner of the owner, of the estate or interest in the land when the designation or requirement was created.
4: Before making an order under subsection (1), the court may direct the owner to take further action to try to sell the estate or interest in the land.
5: If the Environment Court makes an order to take an estate or interest in land under the Public Works Act 1981 section 17
6: If subsection (5) section 513
a: any agreement must be treated as having been entered into with the Minister for Land Information on behalf of the network utility operator as if the land were required for a government work; and
b: all costs and expenses incurred by the Minister for Land Information in respect of the acquisition of the land are recoverable from the network utility operator as a debt due to the Crown.
7: The amount of compensation payable for an estate or interest in land ordered to be taken under this section must be assessed as if the designation or requirement had not been created. 1991 No 69 s 185
540: Compulsory acquisition powers
1: A network utility operator or other applicant that is a requiring authority may apply to the Minister for Land Information to have land required for a project or work acquired or taken under Part 2
2: A Proclamation taking land for the purposes of subsection (1) vests the land in the network utility operator or other applicant that is a requiring authority instead of the Crown.
3: Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on any terms and conditions (including price) that may be agreed, be set apart for a project or work of a network utility operator or other applicant that is a requiring authority in the manner provided in sections 50 52 sections 40 41
4: Any claim for compensation under the Public Works Act 1981
5: All costs and expenses incurred by the Minister for Land Information in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) are recoverable from the network utility operator or other applicant that is a requiring authority as a debt due to the Crown.
6: Sections 40 41
7: This section does not apply if—
a: the network utility operator or other applicant that is a requiring authority is a responsible special purpose vehicle; and
b: the land is protected Māori land as defined in section 11
8: For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land. 1991 No 69 s 186
541: Transfer of rights and responsibilities for designations
1: If the financial responsibility for a project or work or network utility operation is transferred from one requiring authority to another, responsibility for any relevant designation must also be transferred and the requiring authority transferring responsibility must advise the regional planning committee of the transfer.
2: A requiring authority responsible for a designation (the former requiring authority new requiring authority
a: the new requiring authority must give the regional planning committee and the relevant territorial authority written notice of the transfer that—
i: includes the former requiring authority’s consent to the transfer; and
ii: indicates the intention to relocate the infrastructure within the footprint of the designation; and
b: the territorial authority may—
i: require the new requiring authority to lodge a secondary CIP to make any changes to the former requiring authority’s CIP that the territorial authority thinks necessary; or
ii: waive the requirement for a secondary CIP so that the relocation can proceed within the terms of the designation.
3: The regional planning committee must advise the Minister and the relevant territorial authority of the transfer of financial responsibility, the transfer of responsibility for the designation, and any temporary transfer of responsibility for the designation to enable the relocation of infrastructure.
4: For the purposes of section 530(2)(b) Schedule 6 1991 No 69 s 180
542: When financial responsibility is transferred to responsible special purpose vehicle
1: This section applies if—
a: a local authority or territorial authority holds a designation for work that relates to the construction of eligible infrastructure within the meaning of paragraph (b) of the definition of relates to the construction of eligible infrastructure in section 511(2)
b: a responsible special purpose vehicle has taken over, or proposes to take over, the construction; and
c: a designation continues to be required for the construction; and
d: the responsible special purpose vehicle is not a requiring authority; and
e: the authority is the responsible infrastructure authority in relation to the construction.
2: The designation continues to apply to the construction work.
3: The responsible infrastructure authority may, by written notice, delegate to the responsible special purpose vehicle those functions, duties, and powers in relation to the designation that relate to the construction of eligible infrastructure.
4: The responsible special purpose vehicle must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions attached to the designation.
5: A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority. 1991 No 69 s 180A Time limits from which time periods are excluded in relation to designations
543: Time limits from which time periods are excluded in relation to designations
1: This section provides for the deferral of certain time limits relating to designations.
2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.
3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded. Provisions specifying time limits Provisions describing time periods to be excluded Section 521(8) Section 544(2), (4), or (6) Section 546(2) Section 522(5) Section 545(8) Section 546(4) Section 525(1) Section 544(2), (4), or (6) Section 546(2) Section 550(3) Section 546(2) Section 546(4) Section 556(2) Section 546(4) Section 544(2), (4), or (6) 1991 No 69 s 198AA
544: Excluded time periods relating to provision of further information
Request for further information
1: Subsection (2) applies when—
a: a territorial authority has requested a requiring authority, under section 249(1)
b: the request is the first request made by the territorial authority to the requiring authority under that provision—
i: at all; or
ii: after the closing date for submissions.
2: The period that must be excluded from every applicable time limit under section 543
a: starting with the date of the request under section 249(1)
b: ending as follows:
i: if the requiring authority provides the information within 15 working days, the date on which it provides the information:
ii: if the requiring authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information:
iii: if the requiring authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 250(2)(a)
iv: if the requiring authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
v: if the requiring authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information. Commissioning of report—other authority agrees
3: Subsection (4) applies when—
a: a territorial authority has notified a requiring authority, under section 249(2)(b)
b: the requiring authority agrees, under section 251(1)
4: The period that must be excluded from every applicable time limit under section 543
a: starting with the date of the notification under section 249(2)(b)
b: ending with the date on which the territorial authority receives the report. Commissioning of report—other authority disagrees
5: Subsection (6) applies when—
a: a territorial authority has notified a requiring authority, under section 249(2)(b)
b: the requiring authority does not agree, under section 251(1)
6: The period that must be excluded from every applicable time limit under section 543
a: starting with the date of the notification under section 249(2)(b)
b: ending with the earlier of the following:
i: the date on which the period of 15 working days ends; and
ii: the date on which the territorial authority receives the requiring authority's refusal, under section 251(1) 1991 No 69 s 198AB
545: Excluded time periods relating to direct referral
Request for direct referral declined and no objection
1: Subsection (2) applies when—
a: a requiring authority makes a request under section 548(1)
b: the territorial authority declines the request under section 549(4) to (2)
c: the requiring authority does not object under section 764
2: The period that must be excluded from every applicable time limit under section 543
a: starting with the date on which the territorial authority receives the request; and
b: ending with the date on which the 15 working days referred to in section 768(1) Request for direct referral declined and objection dismissed
3: Subsection (4) applies when—
a: a requiring authority makes a request under section 548(1)
b: the territorial authority declines the request under section 549(4) to (2)
c: the territorial authority dismisses the requiring authority's objection under section 770
4: The period that must be excluded from every applicable time limit under section 543
a: starting with the date on which the territorial authority receives the request; and
b: ending with the date on which the territorial authority notifies the requiring authority of its decision to dismiss the objection. Request for direct referral granted or objection upheld
5: Subsection (6) applies when—
a: a requiring authority makes a request under section 548(1)
b: either—
i: the territorial authority grants the request under section 549(4) to (2)
ii: the territorial authority declines the request under section 549(4) to (2) section 770
6: The period that must be excluded from every applicable time limit under section 543
a: starting with the date on which the territorial authority receives the request; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 551(2)(a)
ii: the date on which the requiring authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 551(2) Decision to make direct referral to Environment Court
7: Subsection (8) applies when a territorial authority makes a decision under section 554(1)
8: The period that must be excluded from every applicable time limit under section 543
a: starting with the date on which the territorial authority makes the decision; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 557(1)(a)
ii: the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 557(1) 1991 No 69 s 198AC
546: Excluded time periods relating to other matters
Approval sought from affected persons or groups
1: Subsection (2) applies when a requiring authority tries, for the purposes of section 267
2: The period that must be excluded from every applicable time limit under section 543 Referral to mediation
3: Subsection (4) applies when a territorial authority refers persons to mediation under section 277
4: The period that must be excluded from every applicable time limit under section 543
a: starting with the date of the reference; and
b: ending with the earlier of the following:
i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
ii: the date on which the mediator reports the outcome of the mediation to the territorial authority. 1991 No 69 s 198AD Streamlining decision making on designations
547: Sections 548 to 553 apply to requirements under section 517 or 536
1: Sections 548 to 553
a: a requirement for a designation under section 517
b: a requirement under section 536 section 536(3) section 517
2: If the notice of requirement is called in under clause 55(2) sections 548 to 559 1991 No 69 s 198A
548: Requiring authority's request
1: The requiring authority must request the territorial authority to allow the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority.
2: The requiring authority must make the request in the period—
a: starting on the date on which the requiring authority gives notice under section 517
b: ending 5 working days after the date on which the period for submissions on the requirement closes.
3: The requiring authority must make the request electronically or in writing on the prescribed form. 1991 No 69 s 198B
549: Territorial authority’s decision on request
1: The territorial authority must give the requiring authority its decision on the request within 15 working days after receiving the request.
2: If regulations have been made under section 801
a: the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by regulations made under section 801
b: that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
3: No submitter has a right to be heard by the territorial authority on a request.
4: If the territorial authority returns or declines the request, it must give the requiring authority its reasons, in writing or electronically, at the same time as it gives the authority its decision.
5: If the territorial authority declines the request, the requiring authority may object to the territorial authority under section 764 1991 No 69 s 198C
550: Territorial authority’s subsequent processing
1: If the territorial authority does not grant the request under section 548
2: If the territorial authority decides to grant the request under section 548
3: The territorial authority must prepare a report on the requirement within the longer of the following periods:
a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
b: the period that ends 20 working days after the date on which the territorial authority decides to grant the request.
4: In the report, the territorial authority must—
a: address issues that are set out in section 527
b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications); and
c: provide a summary of submissions received.
5: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to—
a: the requiring authority; and
b: every person who made a submission on the requirement.
6: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the territorial authority’s report.
7: In providing that assistance, the territorial authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court. 1991 No 69 s 198D
551: Environment Court decides
1: Subsection (2) applies to a requiring authority who—
a: receives a report under section 550(5)
b: continues to want the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority.
2: The requirement is referred to the Environment Court by the requiring authority,—
a: within 15 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
i: the territorial authority that granted the requiring authority's request under section 548
ii: every person who made a submission to the territorial authority on the requirement; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
3: A territorial authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—
a: the requirement to which the notice of motion relates; and
b: the territorial authority’s report on the requirement; and
c: all the submissions on the requirement that the territorial authority received; and
d: all the information and reports on the requirement that the territorial authority was supplied with.
4: Clause 53
5: Sections 214 to 218 Schedule 13
6: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
a: must have regard to the matters set out in section 527(3) section 527(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
c: may waive the requirement for a secondary CIP to be submitted under section 518(3)
7: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (6)(b)(iii) requiring an environmental contribution. 1991 No 69 s 198E
552: Residual powers of territorial authority
The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 551 1991 No 69 s 198F
553: When territorial authority must deal with requirement
1: This section applies when—
a: a requiring authority receives a report under section 550(5)
b: either—
i: the requiring authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 551(2)
ii: the requiring authority does not lodge a notice of motion with the Environment Court under section 551(2)
2: The territorial authority must deal with the requirement. 1991 No 69 s 198G
554: Sections 555 to 559 apply to certain requirements
1: Sections 555 to 559
a: a requirement for a designation by a territorial authority under section 522
b: a requirement under section 536 section 536(3) section 522
2: If the notice of requirement is called in under clause 55(2) sections 555 to 559 1991 No 69 s 198H
555: Territorial authority’s decision
1: The territorial authority must make its decision in the period—
a: starting on the date on which the territorial authority decides to notify the requirement under section 529
b: ending 5 working days after the date on which the period for submissions on the requirement closes.
2: No submitter has a right to be heard by the territorial authority on a decision under section 554 1991 No 69 s 198I
556: Territorial authority’s subsequent processing
1: The territorial authority must continue to process the requirement and must comply with subsections (2) to (6).
2: The territorial authority must prepare a report on the requirement within the longer of the following periods:
a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
b: the period that ends 20 working days after the date on which the territorial authority makes its decision under section 554(1)
3: In the report, the territorial authority must—
a: address issues that are set out in section 522(8)
b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications); and
c: provide a summary of submissions received.
4: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to every person who made a submission on the requirement.
5: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the territorial authority’s report.
6: In providing that assistance, the territorial authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court. 1991 No 69 s 198J
557: Environment Court decides
1: If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority—
a: within 15 working days after preparing the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
2: The territorial authority must, without delay, provide the Environment Court with—
a: the requirement to which the notice of motion relates; and
b: the territorial authority’s report on the requirement; and
c: all the submissions on the requirement that the territorial authority received; and
d: all the information and reports on the requirement that the territorial authority was supplied with.
3: Clause 53
4: Sections 214 to 218 Schedule 13
5: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
a: must have regard to the matters set out in section 527(3) section 527(1)
b: may—
i: cancel the requirement; or
ii: confirm the requirement; or
iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
c: may waive the requirement for a secondary CIP to be submitted.
6: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)(b)(iii) requiring an environmental contribution. 1991 No 69 s 198K
558: Residual powers of territorial authority
The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 557 1991 No 69 s 198L
559: When territorial authority must deal with requirement
1: This section applies when—
a: a territorial authority prepares a report under section 556
b: the territorial authority does not lodge a notice of motion with the Environment Court under section 557(1)
2: The territorial authority must deal with the requirement. 1991 No 69 s 198M
2: Heritage protection orders
560: Application to become heritage protection authority
1: Any iwi authority, group that represents hapū, or Māori group with interests in relation to a place, and any body corporate having an interest in the protection of any place, may apply to the Minister in the prescribed form for approval as a heritage protection authority for the purpose of protecting that place.
2: The applicant must also provide in or with their application any additional information required by regulations made under section 801
3: The Minister may make any inquiry into the application and request any information that they consider necessary and the Minister may have regard to whether the place is managed appropriately by other legislation and any other matter that the Minister considers relevant and reasonably necessary to determine the application.
4: The Minister may, by notice in the Gazette
5: The Minister must not give notice under subsection (4) unless they are satisfied that—
a: the approval of the applicant as a heritage protection authority is appropriate for the protection of the place that is the subject of the application; and
b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.
6: The Minister must, by notice in the Gazette
a: a heritage protection authority is unlikely to continue to satisfactorily protect the place for which approval as a heritage protection authority was given; or
b: a heritage protection authority is unlikely to satisfactorily carry out any responsibility as a heritage protection authority under this Act.
7: All functions, powers, and duties that any heritage protection authority approved under subsection (4) has under this Act in relation to any heritage protection order, or notice for a heritage protection order, must be treated as having been transferred to the Minister on—
a: the revocation of the approval of the heritage protection authority under subsection (6); or
b: the dissolution of the heritage protection authority approved as a heritage protection authority under subsection (4). 1991 No 69 s 188
561: Consent of owners of Māori land
A heritage protection authority must obtain the written consent of the owners of Māori land (as defined in section 4 of Te Ture Whenua Maori Act 1993) before it gives notice to a territorial authority of a heritage protection order affecting that land, except when the authority is the landowner.
562: Notice to territorial authority
1: A heritage protection authority may give notice in the prescribed form to a territorial authority of a heritage protection order for the purpose of protecting any place, land on which the place is situated, and area of land (if any) surrounding that place that is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place.
2: Any notice given under subsection (1) only affects uses of land within an area administered by a territorial authority.
3: Any heritage protection authority approved under section 560
4: A notice given under subsection (1) must support at least 1 of the following outcomes:
a: the protection of cultural heritage:
b: recognising and providing for the relationship of iwi and hapū with the exercise of the local kawa, tikanga Māori, and mātauranga Māori of the iwi and hapū of the region in relation to their ancestral lands, water, sites, wāhi tapu, wāhi tūpuna, and other taonga, and indigenous biodiversity:
c: the protection of any outstanding geoheritage natural feature.
5: A notice given under subsection (1) must contain the following information:
a: the location of the place and the area proposed to be subject to the order:
b: an assessment of how the order meets the requirements of subsection (1) and 1 or more of the outcomes specified in subsection (4), including—
i: an assessment of the significance of the place undertaken by a suitably qualified person which demonstrates whether protection by a heritage protection order is warranted; and
ii: the outcomes from consultation with mana whenua and Heritage New Zealand Pouhere Taonga, and the outcomes of any assessments or advice obtained from a suitably qualified person:
c: an explanation of any imminent risks to the place:
d: a description of the relevant new or existing protection provisions that the heritage protection authority proposes be applied to the place in the relevant plan:
e: any additional information required by regulations made under section 801
6: A heritage protection authority may withdraw a notice under this section for a heritage protection order by notice in writing to the territorial authority affected.
7: On receiving notification under subsection (6), the territorial authority must—
a: publicly notify the withdrawal; and
b: notify all persons upon whom the notice for a heritage protection order has been served.
8: A heritage protection authority must not give notice, and a territorial authority must not act on a notice, under subsection (1)—
a: for a heritage protection order to be placed on the same place within 5 years of a decision being made on a heritage protection authority’s proposal in relation to that place (including a plan, plan change, or review); or
b: if the substance of the matter for which heritage protection is being sought has been considered and determined within the previous 5 years.
9: A heritage protection order must not be made over any place or land that is already subject to a heritage order in force under the Resource Management Act 1991
10: In this section,— Crown section 571(7) private land
a: means any land held in fee simple by any person other than the Crown; and
b: includes land held by a person under a lease or licence granted to the person by the Crown. 1991 No 69 s 189
563: When heritage protection order takes effect
1: A heritage protection order has legal effect once it has been accepted as complete and the affected landowners and relevant regional planning committee have been notified in accordance with section 565(b)
2: A heritage protection order ceases to have effect on the day the regional planning committee notifies its decision on the plan change in accordance with Schedule 6
564: Effect of heritage protection order
1: While a heritage protection order is in force, regardless of the provisions of any plan or resource consent, no person may, except in accordance with the prior written consent of the relevant heritage protection authority, do anything that would wholly or partly nullify the effect of the heritage protection order, including—
a: undertaking any use of land; and
b: subdividing any land; and
c: changing the character, intensity, or scale of the use of any land.
2: Information provided in accordance with section 562(5)
3: The heritage protection authority may give consent with or without conditions.
4: A heritage protection order—
a: takes effect as provided in section 563
b: ceases to have effect on the earliest of the following days:
i: the day on which the notice for a heritage protection order is withdrawn:
ii: the day on which the notice is cancelled:
iii: the close of the day stated in section 563(2)
5: A person who contravenes subsection (1) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the order. 1991 No 69 s 193
565: Territorial authority to act on notice
1: A territorial authority must, as soon as practicable after receiving notice under section 562
a: accept the notice and the information provided with it as complete; and
b: notify the affected landowners, affected occupiers, and relevant regional planning committee that the heritage protection order has effect; and
c: if the notice relates to an area that is subject to a designation or notice of requirement, also notify the affected requiring authorities that the heritage protection order has effect; and
d: make the notice (and the information provided with the notice) publicly available; and
e: request the regional planning committee to commence the necessary plan change.
2: If a heritage protection authority notifies a territorial authority of any amendment to the information provided under section 562
3: If a heritage protection authority notifies a territorial authority of the removal of a heritage protection order, the territorial authority must take the steps set out in subsection (1)(a) to (e) in relation to the removal of the order.
4: If the Minister transfers responsibility for a heritage protection order to another heritage protection authority, the territorial authority notified under section 571(4)(d)
566: Territorial authority or regional planning committee may request further information from heritage protection authority
1: The territorial authority or regional planning committee may, by written notice, request the heritage protection authority to provide further information relating to its notice under section 562
2: The heritage protection authority may amend the information provided with its notice or provide further information at any time before the plan change is notified.
3: If the heritage protection authority does not provide the information before the deadline concerned or refuses to provide the information, the regional planning committee must still notify the plan change.
567: Plan change process following notification of heritage protection order
The regional planning committee is responsible for processing a plan change in relation to the place or area affected by a heritage protection order.
568: Land subject to existing heritage protection order or designation
1: If land subject to a heritage protection order is already subject to a heritage protection order, notice of requirement, or designation under the Resource Management Act 1991
a: the heritage protection authority responsible for the heritage protection order may do anything that is in accordance with that heritage protection order only if that authority has first obtained the written consent of the authority responsible for the earlier order, notice of requirement, or designation; and
b: the authority responsible for the earlier order, notice of requirement, or designation may, despite section 564
2: The authority responsible for the earlier order, notice of requirement, or designation may withhold its consent under subsection (1) only if that authority is satisfied—
a: that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or
b: that, in the case of an earlier heritage protection order or notice of requirement, the thing to be done would wholly or partly nullify the effect of the order or notice of requirement.
3: This section is subject to sections 21(1) and (2) 22 to 26 1991 No 69 s 193A
569: Appeals relating to section 564
1: This section applies if a person—
a: proposes to do anything in relation to land that is subject to a heritage protection order for a purpose that, but for the heritage protection order, would be lawful; and
b: has been refused consent to undertake that use by a heritage protection authority under section 564
2: The person may appeal to the Environment Court against the heritage protection authority’s refusal to consent or the conditions.
3: Notice of an appeal under this section must—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required to be stated by regulations made under section 801
c: be lodged with the Environment Court and served on the heritage protection authority whose decision is appealed against, within 15 working days of receiving the heritage protection authority's decision under section 564
4: In considering an appeal under this section, the court must have regard to—
a: whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
b: whether the decision appealed against would render the land concerned incapable of reasonable use; and
c: the extent to which the decision may be modified without wholly or partly nullifying the effect of the heritage protection order.
5: The court may—
a: confirm the decision under appeal; or
b: reverse the decision and approve the activity with conditions; or
c: modify the heritage protection order; or
d: cancel the heritage protection order. 1991 No 69 s 195
570: Alteration of heritage protection order
1: A heritage protection authority that is responsible for a heritage protection order may at any time give notice to the relevant territorial authority of its intention to alter the heritage protection order.
2: For the purposes of this subpart, a notice to alter a heritage protection order must be treated as if it were a notice for a new heritage protection order. 1991 No 69 s 195A
571: Transfer of heritage protection order
1: The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage protection order to another heritage protection authority.
2: However, the Minister must not exercise the power under subsection (1) if—
a: the heritage protection order relates to private land:
b: the transfer of the order is to a heritage protection authority approved under section 560(4)
c: the heritage protection order is in respect of a place or an area that is Māori land (as defined in section 4
3: In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—
a: the reasons why it is no longer appropriate for the current heritage protection authority to have responsibility for the order being proposed for transfer; and
b: whether the heritage protection authority to which the Minister proposes to transfer the heritage protection order to protect the place or area is—
i: appropriate for the protection of the place that is subject to an HPA; and
ii: likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.
4: Before the Minister transfers responsibility for a heritage protection order under this section, the Minister must serve written notice of the Minister’s intention to do so on—
a: the heritage protection authority currently responsible for the heritage protection order; and
b: the heritage protection authority to which the Minister proposes to transfer that responsibility; and
c: the owner and occupier (if any) of the place or area subject to the heritage protection order and any other person with a registered interest in that place or area; and
d: the territorial authority in whose district the place or area subject to the order is located.
5: The persons or organisations served with a notice under subsection (4) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.
6: The Minister must take into account all objections and submissions received within the specified time before making a final determination.
7: In this section, Crown
a: the Sovereign in right of New Zealand; and
b: departments of State; and
c: State enterprises named in Schedule 1
d: Crown entities within the meaning of section 7
e: the mixed ownership model companies named in Schedule 5
f: local authorities within the meaning of the Local Government Act 2002 1991 No 69 s 195B
572: Notice of determination
The Minister must publish a notice in the Gazette section 571 1991 No 69 s 195C
10: Subdivision and reclamation
573: Interpretation
In this Part,— certificate of approval
a: in relation to a survey plan, means a certificate of approval issued by a territorial authority under section 579
b: in relation to a reclamation plan, means a certificate of approval issued by a regional council under section 605 certificate of completion section 632 certificate that consent conditions are complied with section 587 conservation area Conservation Act 1987 deposit requirements
a: in relation to a survey plan, means the requirements set out in sections 585 to 589
b: in relation to a reclamation plan, means the requirements set out in section 607 notice of ongoing requirements section 633 reclamation plan section 602(2)(a) subdivision of land section 574 unit
a: has the same meaning as in section 5(1)
b: includes a future development unit (as defined in section 5(1) unit plan section 5(1) wildlife sanctuary or wildlife refuge Wildlife Act 1953
1: Subdivision of land
Interpretation
574: Meaning of subdivision of land
For the purpose of this Act, subdivision of land
a: the division of an allotment by any of the following:
i: an application to the Registrar-General of Land for the issue of a separate record of title for any part of the allotment:
ii: the disposition, by way of sale or offer for sale, of the fee simple to part of the allotment:
iii: a lease of part of the allotment that, including renewals, is or could be for a term of more than 35 years:
iv: the grant of a company lease or cross lease in respect of any part of the allotment:
v: the deposit of a unit plan:
vi: an application to the Registrar-General of Land for the issue of a separate record of title for any part of a unit on a unit plan; or
b: an application to the Registrar-General of Land for the issue of a separate record of title in any case where the issue of that record of title is restricted by section 591(2) 1991 No 69 s 218(1)
575: Meaning of allotment
1: In this Act, allotment
a: a parcel of land under the Land Transfer Act 2017
i: the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
ii: a subdivision consent for the subdivision shown on the survey plan has been granted under this Act:
b: a parcel of land, or a building or part of a building, that is shown or identified separately—
i: on a survey plan; or
ii: on a licence within the meaning of subpart 6
c: a unit on a unit plan:
d: any parcel of land that is not subject to the Land Transfer Act 2017
2: For the purpose of this section,—
a: if an allotment is being or has been subdivided from any land, the balance of that land is deemed to be an allotment; and
b: if part of a single allotment is physically separated from any other part of the allotment by a road or in any other manner, the allotment must be treated as a continuous area of land unless the division of the allotment into those parts has been allowed—
i: by a subdivision consent granted under this Act; or
ii: by a subdivision approval under any former enactment that relates to the subdivision of land.
3: In subsection (2)(b) single allotment
a: an allotment that is subject to the Land Transfer Act 2017
b: an allotment that is not subject to that Act and was acquired by its owner under 1 instrument of conveyance. 1991 No 69 s 218(2)–(4)
576: Meaning of survey plan
1: In this Act, survey plan
a: means a survey dataset—
i: of a subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 2017
ii: of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017
b: includes—
i: a unit plan; and
ii: a cadastral survey dataset to give effect to the grant of a cross lease or company lease.
2: In this section, cadastral survey dataset section 4 1991 No 69 s 2(1) How survey plans for subdivisions are approved
577: Requirements for approval of survey plans
1: Any person may submit a survey plan for a subdivision of land to a territorial authority for its approval.
2: There must be a subdivision consent or certificate of compliance for any subdivision of land that a survey plan relates to.
3: The territorial authority must be satisfied that, as the case may be,—
a: the consent or certificate has not lapsed; or
b: the survey plan conforms with the consent or certificate ( see section 578
4: Within 10 working days after receiving the survey plan, the territorial authority must,—
a: if satisfied, approve the survey plan and issue a certificate of approval; or
b: if not satisfied, decline the survey plan and notify the owner of that decision and the reasons for it. 1991 No 69 s 223(1), (1A)
578: Approval of survey plan
1: A territorial authority must approve a survey plan submitted in accordance with section 577
a: the survey plan conforms with the subdivision consent; and
b: if a certificate of compliance has been obtained, the survey plan conforms with the certificate of compliance.
2: This section is subject to sections 580 581 583 627 628 1991 No 69 s 223(2)
579: Certificate of approval by territorial authority
1: If a territorial authority approves a survey plan under section 578 responsible person
2: The certificate is conclusive evidence that all roads, private roads, reserves, land vested in the territorial authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974
3: The certificate must include the following information:
a: a statement that the territorial authority has approved the survey plan; and
b: the date of approval; and
c: the name of the responsible person; and
d: the link between the certificate of approval and the survey plan; and
e: if applicable,—
i: conditions requiring easements to be granted or reserved ( see section 622
ii: conditions requiring amalgamated land to be held in 1 record of title:
iii: a requirement to show esplanade reserves and esplanade strips on a survey plan.
4: The certificate must be lodged with the Registrar-General of Land before the survey plan is deposited.
5: The certificate does not affect any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision. 1991 No 69 ss 223(3)–(6) 224(c)
580: Requirements relating to conditions of subdivision consent
1: This section applies to a survey plan for a subdivision of land, but only if a subdivision consent is obtained for that subdivision.
2: If the consent includes a condition described in section 622
a: which is the benefited land and which is the burdened land; or
b: in the case of an easement in gross, the name of the proposed grantee and which is the burdened land.
3: If the consent includes a condition described in section 627
4: If the consent includes a condition described in section 628
a: the owner of the land must enter into the covenant required by that condition; and
b: a certificate to that effect must be included in the survey plan by the territorial authority.
5: If, before the survey plan is approved, the territorial authority cancels any part of a condition or covenant referred to in this section,—
a: a licensed surveyor must amend or delete the condition or covenant specified on the survey plan; and
b: if the survey plan has already been approved under section 578
6: Subsections (2) to (5) section 577 1991 No 69 ss 221(1) 240(1), (5)(a) 241(1), (4)(a) 243(b), (f)(i)
581: Approval if esplanade reserves or esplanade strips required
1: A territorial authority must not approve a survey plan unless any esplanade reserve or esplanade strip required under this subpart is shown on the survey plan.
2: However, subsection (1) subsection (3)
3: A territorial authority must not approve a primary survey plan until a separate survey plan (a secondary survey plan
4: Subsection (3)
a: an esplanade reserve or esplanade strip is required under this subpart for a subdivision to be effected by—
i: the grant of a cross lease or company lease; or
ii: the deposit of a unit plan; and
b: it is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under section 577 primary survey plan
5: Despite anything in the Land Transfer Act 2017
a: an esplanade strip must not be required to be surveyed; but
b: if an esplanade strip is shown on a survey plan, it must be clearly identified in any way the chief executive of Land Information New Zealand considers appropriate. 1991 No 69 s 237(1)–(3)
582: If separate survey plan approved
1: If a territorial authority approves a secondary survey plan under section 581
2: Unless the secondary survey plan showing the esplanade reserve or esplanade strip is deposited before or at the same time as the primary survey plan, the Registrar-General of Land must not—
a: deposit the primary survey plan; or
b: in respect of a subdivision by the Crown, issue a record of title for any separate allotment on the primary survey plan approved by the chief executive of Land Information New Zealand.
3: Subject to this section, nothing in section 22 1991 No 69 s 237(4), (5)
583: Requirements if subdivided land includes river bed or lake bed or is in coastal marine area
1: This section applies to a survey plan for a subdivision of land if any part of an allotment created by the subdivision—
a: is within the coastal marine area; or
b: is within the bed of a river or lake.
2: The survey plan must show the land described in subsection (1)(a)
3: The survey plan must show as vesting in the territorial authority any part of the land described in subsection (1)(b)
a: adjoins an esplanade reserve that the survey plan shows as vesting in the territorial authority; or
b: is required to be vested in the territorial authority as a condition of a subdivision consent.
4: Subsections (2) and (3) section 578 1991 No 69 s 237A How survey plans for subdivisions are deposited
584: Depositing survey plans for subdivisions
1: After a territorial authority approves the survey plan for a subdivision of land under this Act, the person subdividing the land may provide the approved survey plan—
a: to the Registrar-General of Land for deposit, if the land is subject to the Land Transfer Act 2017
b: to the chief executive of Land Information New Zealand for approval, if the land is not subject to the Land Transfer Act 2017
2: The Registrar-General of Land must, after receiving a survey plan provided to them under this section,—
a: deposit the survey plan, but only if the deposit requirements are satisfied; or
b: if any of the deposit requirements are not satisfied, decline to deposit the survey plan and notify the owner of that decision and the reasons for it.
3: The chief executive of Land Information New Zealand must, after receiving a survey plan provided under this section,—
a: approve the survey plan, but only if the deposit requirements are satisfied; or
b: if any of the deposit requirements are not satisfied, decline to approve the survey plan and notify the owner of that decision and the reasons for it.
4: If the chief executive of Land Information New Zealand approves a survey plan for a subdivision of land under this section,—
a: the approval is to be treated as, and has the same legal effect as, the deposit of a survey plan by the Registrar-General of Land; and
b: the land becomes subject to the Land Transfer Act 2017 1991 No 69 ss 224 228(1)(a), (2) Deposit requirements
585: Requirements for depositing survey plans
1: A survey plan for a subdivision may be deposited no later than 3 years after it is approved by the territorial authority under section 577
2: The survey plan, if it is a unit plan, must comply with the requirements of the Unit Titles Act 2010
3: If the survey plan (the primary survey plan section 581
4: Subsections (1) to (3) section 584 1991 No 69 ss 224(e), (h) 237(4)
586: Requirements to lodge documents with Registrar-General of Land
1: Any requirement under the following sections to lodge a document with the Registrar-General of Land before a survey plan is deposited is a deposit requirement for the purpose of section 584
a: section 579
b: section 617
c: section 633
2: See
a: section 587
b: section 588
c: section 589 1991 No 69 s 224(c)
587: Requirement for certificate that consent conditions are complied with
1: This section applies to a survey plan for a subdivision of land, but only if there is a subdivision consent for that subdivision.
2: A certificate that consent conditions are complied with must be lodged with the Registrar-General of Land.
3: Subsection (2) section 584
4: A territorial authority may issue a certificate that consent conditions are complied with only if it is satisfied that,—
a: for any condition of the subdivision consent that has not been complied with,—
i: a certificate of completion has been issued; or
ii: a notice of ongoing requirements has been issued; or
iii: a bond has been entered into by the person subdividing the land in compliance with a condition of a subdivision consent imposed under section 295(1)(c)
b: all other conditions of the subdivision consent have been complied with.
5: The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this section. 1991 No 69 s 224(c)
588: Requirement for consent if land will vest in territorial authority or the Crown
1: A survey plan must not be deposited for the purposes of section 22
2: This section applies to a survey plan for a subdivision only if land shown on the survey plan will vest in the Crown or a territorial authority.
3: Written consent to the subdivision must be given by the following persons:
a: in the case of land subject to the Land Transfer Act 2017
b: in the case of land not subject to that Act, every person who has an interest in the land, including any encumbrance, as evidenced by an instrument registered under the Deeds Registration Act 1908
4: Subsection (3) section 584 1991 No 69 s 224(b)
589: Requirement for certificate that building code requirements are complied with
1: This section applies to a survey plan, but only if it is for a subdivision of land that is to be effected by—
a: the grant of a cross lease or company lease; or
b: the deposit of a unit plan.
2: A certificate must be lodged with the Registrar-General of Land certifying, for every building or part of a building (even if under construction) to which the cross lease, company lease, or unit plan relates, that they comply, or will comply, with the provisions of the building code described in section 116A
3: Subsection (2) section 584
4: The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this section. 1991 No 69 s 224(f) Conditions
590: Requirements relating to conditions of subdivision consent
1: This section applies to a survey plan for a subdivision of land, but only if the subdivision is authorised by a subdivision consent.
2: If the consent includes a condition described in section 627
3: Subsection (4)
a: the consent includes a condition described in section 628
b: a certificate to the effect that the covenant has been entered into is included in the survey plan (as required by section 580(4)
4: The covenant entered into must be lodged with the Registrar-General of Land for registration.
5: Subsections (2) and (4) section 584 1991 No 69 ss 240(2) 241(1)(b), (c) Effect of deposit of survey plans for subdivisions
591: When records of title may be issued
1: The Registrar-General of Land may, under the Land Transfer Act 2017
2: However, the Registrar-General of Land must not issue the record of title unless they are satisfied that—
a: the survey plan has been deposited under section 584(2)
b: the survey plan has been approved by the chief executive of Land Information New Zealand under section 584(3)
c: the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that—
i: there is no plan for the area to which the survey plan relates, and that the allotment is in accordance with the requirements and provisions of the proposed plan; or
ii: the allotment is in accordance with the requirements and provisions of the natural and built environment plan (meaning a plan as defined in section 11
d: one of the transitional criteria in subsection (3)
3: The transitional criteria are as follows:
a: the record of title is issued to enable effect to be given to any agreement for sale and purchase, agreement to lease, or other contract to create an interest in land or a building or part of a building made before the commencement of the Resource Management Act 1991
b: the plan—
i: has been deposited in accordance with section 306
ii: was a Crown plan to which section 306(7)
c: the plan has been approved under Part 25 of the Municipal Corporations Act 1954
d: the plan—
i: has been approved under Part 2 of the Counties Amendment Act 1961
ii: did not require the approval of the Council under that Part and was deposited under the Land Transfer Act 2017
e: the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977
4: Subsection (5)
a: land that is not subject to the Land Transfer Act 2017
b: the survey plan to which the subdivision relates is deposited by way of the chief executive of Land Information New Zealand approving the survey plan ( see section 584(4)(a)
5: Either of the following may ask the Registrar-General of Land to issue a record of title for the land in the name of His Majesty the King:
a: the Director-General of Conservation, if the land is a conservation area, reserve, national park, wildlife sanctuary, or wildlife refuge; or
b: the Surveyor-General, or another officer authorised in writing by the Surveyor-General, in every other case.
6: In the case of land to which subsection (4) section 584 1991 No 69 ss 226(1) 228(1)(b), (2)
592: Vesting of roads
1: This section applies if—
a: a survey plan for a subdivision is deposited in accordance with this subpart; and
b: any land on the survey plan is shown as road to be vested in a local authority or the Crown.
2: When the plan is deposited, the land shown as road vests as follows:
a: a regional road vests in the territorial authority or regional council, as required by the relevant subdivision consent:
b: a road declared as a government road under any Act vests in the Crown:
c: a State highway vests in the Crown or the territorial authority, as the case may be:
d: any other road vests in the territorial authority.
3: Land vests under this section free from all interests in land including any encumbrances (without the necessity of any instrument of release or discharge or otherwise). 1991 No 69 s 238
593: Vesting of reserves or other land
1: This section applies if—
a: a survey plan for a subdivision is deposited in accordance with this subpart; and
b: the plan—
i: shows any land to be vested in the territorial authority or the Crown as a reserve or in lieu of reserves; or
ii: shows any land, or any part of the bed of a river (not being part of the coastal marine area) or bed of a lake, as land to be vested in the territorial authority or the Crown.
2: When the plan is deposited,—
a: any land that is shown as a reserve to be vested in the territorial authority or the Crown vests in the territorial authority or the Crown for the purposes shown on the survey plan and subject to the Reserves Act 1977
b: any land that is shown as land to be vested in the territorial authority or in the Crown in lieu of reserves vests in the territorial authority or in the Crown; and
c: any land, or any part of the bed of a river (not being part of the coastal marine area) or bed of a lake, that is shown as land to be vested in the territorial authority or the Crown vests in the territorial authority or the Crown.
3: Land vests under subsection (2)
a: subject to any specified interest in the land that the territorial authority has certified, on the survey plan, must remain with the land; and
b: otherwise free from all interests in land, including any encumbrances (without the necessity of any instrument of release or discharge or otherwise).
4: Any land vested in the Crown vests under the Land Act 1948 1991 No 69 s 239
594: Land shown on survey plan as coastal marine area becomes part of common marine and coastal area
1: This section applies if—
a: a survey plan for a subdivision is deposited in accordance with this subpart; and
b: any land is shown on the survey plan as land in the coastal marine area.
2: When the plan is deposited, the land becomes part of the common marine and coastal area. Compensation
595: Compensation when esplanade reserve taken from allotment of less than 4 hectares
1: This section applies if, when land is subdivided under this Act,—
a: an allotment of less than 4 hectares is created; and
b: section 611 612
2: The registered owner of the allotment—
a: is not entitled to compensation for any of the reserve that is within 20 metres of the mark of mean high-water springs of the sea, the bank of a river, or the margin of a lake; but
b: if the reserve is wider than 20 metres, is entitled to compensation for the area of land taken for the reserve.
3: The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise. 1991 No 69 s 237E
596: Compensation when esplanade reserve or strip taken from allotment of 4 hectares or more
1: This section applies if, when land is subdivided under this Act,—
a: an allotment of 4 hectares or more is created; and
b: section 611 612
2: The registered owner of the allotment is entitled to compensation for—
a: the area of the esplanade reserve taken; or
b: the interest in land taken for the esplanade strip.
3: The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise. 1991 No 69 s 237F
597: Compensation when bed of river or bed of lake vests in Crown
1: This section applies if, when land is subdivided under this Act,—
a: any part of an allotment that is within the bed of a river or lake vests in the territorial authority ( see section 593
b: that part adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more that is created by the subdivision.
2: The Crown or territorial authority, as the case may be, must pay compensation to the registered owner of that land, unless the registered owner agrees otherwise. 1991 No 69 s 237G(1)(a), (2)
598: Compensation when land becomes part of common marine and coastal area
1: This section applies if, when land is subdivided under this Act,—
a: any part of an allotment is in the coastal marine area; and
b: section 594
c: that part adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more that is created by the subdivision.
2: The Crown must pay compensation to the registered owner of the allotment, unless the registered owner agrees otherwise. 1991 No 69 s 237G(1)(b), (3)
599: Amount of compensation
1: For the purposes of sections 595 to 598
a: the value of the land set aside (in the case of an esplanade reserve) or the interest in land created (in the case of an esplanade strip); and
b: any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan.
2: If the territorial authority or the Crown cannot agree with the registered owner on the amount of the compensation that is payable, that amount must be determined by a registered valuer who is—
a: agreed on by the parties; or
b: if the parties cannot agree, nominated by the president of the New Zealand Institute of Valuers (as constituted under the Valuers Act 1948
3: The valuer must provide a copy of their valuation to all parties.
4: If a party is dissatisfied with the determination, they may object to the determination under section 600 1991 No 69 s 237H(1), (4)
600: How to object to determinations of amount of compensation
1: Any objection to a valuer’s determination under section 599(2)
a: must be made to the registered valuer within 20 working days after the determination is provided; and
b: must state the grounds of objection; and
c: must be in writing.
2: Sections 34 to 36 38
a: the registered valuer were appointed by a territorial authority to review the objection; and
b: the review were made under section 34
c: the references to a territorial authority in sections 34(4) 35 36 1991 No 69 s 237H(2), (3) Miscellaneous
601: Agreement to sell land or building before deposit of survey plan
1: This section applies if—
a: there is an agreement to sell any land, building, or part of a building that constitutes a subdivision of land; and
b: the agreement is made before the survey plan for the subdivision is approved under section 578
2: The agreement is not illegal or void by reason only that it was entered into before the survey plan is deposited.
3: The agreement must be treated as if it were made subject to the following conditions:
a: the purchaser may, by notice in writing to the vendor, cancel the agreement at any time before the expiry of 14 days after the date the agreement is made:
b: the purchaser may, at any time after the applicable date, by notice in writing to the vendor, rescind the contract if the vendor—
i: has not made reasonable progress towards submitting a survey plan to the territorial authority for its approval; or
ii: has not complied with the deposit requirements within a reasonable time after the date on which the survey plan is approved by the territorial authority.
4: An agreement may be rescinded under subsection (3)(b)
5: However, if an agreement is rescinded and the parties cannot be restored to their pre-agreement position, the rights and obligations of each party must, in the absence of agreement between the parties, be the rights and obligations determined by a court of competent jurisdiction.
6: In subsection (3)(b) applicable date
a: the date that is 5 years after the date on which the subdivision consent was granted; and
b: the date that is 1 year after the date of the agreement. 1991 No 69 s 225
2: Reclamations
602: Requirement for approval and deposit of reclamation plans after reclamation
1: This section applies to any person who is granted a resource consent for a reclamation.
2: As soon as is reasonably practicable after completing the reclamation, the person must—
a: prepare a plan of survey in respect of the land that has been reclaimed (the reclamation plan
b: submit the plan to the relevant regional council (as consent authority) for its approval. 1991 No 69 s 245(1) Approval of reclamation plans
603: Regional council may approve reclamation plans
After receiving a reclamation plan under section 602
a: if it is satisfied, approve the plan and issue a certificate of approval; or
b: if any of the requirements in section 604 1991 No 69 s 245
604: Requirements for reclamation plans
1: The requirements for a reclamation plan are as follows:
a: the reclamation must conform with the natural and built environment plan (meaning a plan as defined in section 11
b: the reclamation and the reclamation plan must conform with the resource consent; and
c: in respect of any condition of the resource consent that has not been complied with,—
i: a bond must have been given under section 295(1)(c)
ii: a covenant must have been entered into under section 295(1)(e)
d: the reclamation plan must comply with subsection (2)
2: The reclamation plan—
a: must be prepared in accordance with regulations made under the Cadastral Survey Act 2002
b: must show and define—
i: the area reclaimed, including its location and the position of all new boundaries; and
ii: the location and size of any area that section 613 1991 No 69 s 245(2), (4)
605: Certificate of approval by regional council
1: This section applies if a regional council approves a reclamation plan under section 603
2: The chief executive of the regional council must issue a certificate of approval.
3: The certificate is issued—
a: by the chief executive signing the reclamation plan or a copy of the reclamation plan; or
b: by any other means that—
i: identifies the chief executive and links the certificate to the reclamation plan; and
ii: is as reliable as is appropriate to the purposes of this section.
4: The certificate must include the following information:
a: a statement that the regional council has approved the reclamation plan; and
b: the date of approval; and
c: a statement that the reclamation conforms with—
i: the natural and built environment plan (meaning a plan as defined in section 11
ii: the resource consent for the reclamation; and
d: a statement that, for any condition of the resource consent that has not been complied with,—
i: a bond has been given under section 295(1)(c)
ii: a covenant has been entered into under section 295(1)(e)
5: The regional council must provide the reclamation plan and certificate to the relevant territorial authority.
6: The certificate must be lodged with the Registrar-General of Land before the reclamation plan is deposited. 1991 No 69 s 245(5), (6) How reclamation plans are deposited
606: How reclamation plans are deposited by Registrar-General of Land
1: As soon as is reasonably practicable after a regional council approves the reclamation plan for a reclamation of land under section 603
2: The Registrar-General of Land must, after receiving a reclamation plan provided under this section,—
a: if the deposit requirements are satisfied, deposit the plan; or
b: if any of the deposit requirements are not satisfied, decline to deposit the plan and notify the resource consent holder of that decision and the reasons for it.
3: However, a reclamation plan must not be deposited under the Land Transfer Act 2017
a: the relevant consent authority has approved the plan within the previous 3 years; and
b: a copy of the certificate issued under section 605(2) 1991 No 69 s 246(1), (2)
607: Deposit requirements for reclamation plans
1: The Registrar-General of Land may deposit a reclamation plan after the plan is approved under section 603
2: Subsection (1) section 606
3: Any requirement under the following sections to lodge a document with the Registrar-General of Land before a reclamation plan is deposited is also a deposit requirement for the purpose of section 606
a: section 617
b: section 605 1991 No 69 s 246(1), (2)
608: Effect of deposit of reclamation plans
1: When a reclamation plan is deposited, any land shown on the plan as an esplanade reserve—
a: vests in the Crown; and
b: is classified, for the purposes described in section 609 section 23
2: This section prevails over section 167 1991 No 69 s 246(3), (4)
3: Esplanade reserves, esplanade strips, and access strips
Purposes
609: Purposes of esplanade reserves and esplanade strips
An esplanade reserve or an esplanade strip has 1 or more of the following purposes:
a: to contribute to the protection of conservation values by, in particular,—
i: maintaining or enhancing the natural functioning of the adjacent sea, river, or lake:
ii: maintaining or enhancing water quality:
iii: maintaining or enhancing aquatic or riparian habitats:
iv: protecting the natural values associated with the esplanade reserve or esplanade strip:
b: mitigating or reducing natural hazards or any risks of natural hazards:
c: to enable public access to or along the sea, a river, or a lake:
d: to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values. 1991 No 69 s 229
610: Purpose of access strip
1: The purpose of an access strip is to allow public access—
a: to or along a river or lake or the coast; or
b: to an esplanade reserve, esplanade strip, or other reserve; or
c: to land that is owned by the local authority or by the Crown.
2: However, subsection (1)(c) Conservation Act 1987 Schedule 1 1991 No 69 s 2(1) Requirements to create reserves and strips when land is subdivided
611: New reserves and strips required when land is subdivided
1: This section applies if, when land is subdivided under this Act, any allotment is created that—
a: is adjacent to the sea or a lake; or
b: is adjacent to a river or has a river flowing through it. Reserves and strips required
2: If the allotment is less than 4 hectares in area, an esplanade reserve must be set aside from it under section 616
a: a plan provides otherwise; or
b: a resource consent waives the requirement for the reserve.
3: If the allotment is 4 hectares or more in area,—
a: an esplanade reserve must be set aside from it under section 616
i: the plan requires the reserve to be set aside; and
ii: the requirement is not waived by a resource consent; and
b: an esplanade strip must be created under section 617
i: the plan requires the strip to be created; and
ii: the requirement is not waived by a resource consent.
4: For the purpose of subsections (2) and (3)
5: The registered owner of the allotment may be entitled to compensation ( see sections 595 596 Location and width
6: A reserve or strip required by this section must be set aside from the allotment (in the case of a reserve) or created (in the case of a strip) along the bank of the river, margin of the lake, or mark of mean high-water springs of the sea.
7: A reserve or strip required by this section must be,—
a: if required for an allotment of less than 4 hectares, either—
i: the width that is required by a plan; or
ii: if there is no such requirement, 20 metres in width; or
b: if required for an allotment of 4 hectares or more, the width that is required by the plan; or
c: in either case, any lesser width that is specified as a condition of the subdivision consent. Interpretation
8: In this section,— lake river 1991 No 69 s 230
612: Reserves required to supplement land previously set aside or reserved
1: This section applies if, when land is subdivided under this Act,—
a: any of the land is adjacent to esplanade land that was previously set aside or reserved; and
b: in relation to any allotment created by the subdivision, the width of the land previously set aside or reserved is less than the required width. Reserves required
2: An esplanade reserve must be set aside from the allotment under section 616
a: a condition of the subdivision consent requires it; or
b: a plan rule requires it.
3: The registered owner of the allotment may be entitled to compensation ( see sections 595 596 Location and width
4: A reserve required by this section—
a: must be set aside from the allotment where it adjoins the esplanade land previously set aside or reserved; and
b: must be the width that is the difference between the width of the land previously set aside and the required width. Interpretation
5: In this section,— esplanade land previously set aside or reserved
a: has been set aside as an esplanade reserve under the Resource Management Act 1991
b: has been reserved—
i: for the purpose specified in section 289
ii: for public purposes under section 29(1) of the Counties Amendment Act 1961 section 11 of the Land Subdivision in Counties Act 1946
c: has been set aside or reserved for public recreation purposes under any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or
d: has been reserved from sale or other disposition under—
i: section 24
ii: section 58
iii: the corresponding provisions of any former Act required width section 611
6: For the purpose of the definition of required width in subsection (5) section 611
a: without including any esplanade land previously set aside or reserved from the allotment; but
b: before any additional esplanade reserve is set aside from it under this section. 1991 No 69 s 236 Requirements to create reserves and strips when land is reclaimed
613: New reserves and strips required when land is reclaimed
1: This section applies if, when land is reclaimed under this Act, any allotment is created that—
a: is adjacent to the sea or a lake; or
b: is adjacent to a river or has a river flowing through it.
2: An esplanade reserve must be set aside from the allotment under section 616 section 617 Agreements to create strips
614: Esplanade strips created by agreement
A local authority may agree with the registered owner of land to create an esplanade strip under section 617 section 609 1991 No 69 ss 235 237B(1)
615: Access strips created by agreement
A local authority may agree with the registered owner of land—
a: to acquire an easement over the land to create an access strip under clause 6 section 610
b: on the conditions on which the easement may be enjoyed. 1991 No 69 s 237B(1) How reserves are set aside and strips created
616: How reserves are set aside
1: This section applies if,—
a: section 611 612
b: section 613
2: After a survey plan for the subdivision, or reclamation plan for the reclamation, is deposited, the land that the plan identifies as an esplanade reserve—
a: is set aside and held under the Reserves Act 1977
b: vests in the territorial authority under section 593
3: For the purpose of the Reserves Act 1977
4: Nothing in this subpart prevents the change of classification or purpose of an esplanade reserve in accordance with the Reserves Act 1977 1991 No 69 s 231
617: How strips are created
1: An esplanade strip is created by the registration under the Land Transfer Act 2017 Schedule 11
2: If an esplanade strip is required by this subpart, the instrument must be lodged with the Registrar-General of Land before the survey plan for the subdivision is deposited.
3: Schedule 11
a: how a strip may be varied or cancelled; and
b: other provisions about strips. 1991 No 69 s 232(1) Closure of strips to public
618: Closure of strips to public
1: An esplanade strip or access strip may be closed to the public—
a: for the times and periods specified in the instrument or easement under Schedule 11
b: by the local authority during periods of emergency or public risk that are likely to cause loss of life, injury, or serious damage to property.
2: The local authority must ensure, where practicable, that the closure is adequately notified (including notification to the public that it is an offence to enter the strip during the period of closure) by signs erected at all entry points to the strip.
3: However, subsection (2) 1991 No 69 s 237C Miscellaneous
619: Vesting in the Crown or regional council
1: The Minister of Conservation or a regional council may declare that all or any part of an esplanade reserve, or the bed of any river or lake,—
a: will cease to be vested in and administered by the territorial authority; and
b: will vest instead in the Crown or the regional council.
2: The declaration—
a: is made by notice in the Gazette
b: may be made only with the agreement of the territorial authority; and
c: must be registered in the office of the Registrar-General of Land.
3: Any esplanade reserve vested under this section may be included in an existing reserve.
4: If subsection (3) Reserves Act 1977
5: Subsection (1) Reserves Act 1977 1991 No 69 s 237D
4: Subdivision consent conditions and related provisions
620: Purpose of this subpart
This subpart—
a: sets out the consent conditions and related provisions that are specific to subdivision consents; but
b: does not prevent a consent authority from including any other condition in a subdivision consent that is authorised by or under this Act. Esplanade reserves and esplanade strips
621: Conditions about esplanade reserves and esplanade strips
A subdivision consent may include 1 or more of the following conditions:
a: for the purpose of section 611
i: a condition that waives the requirement for an esplanade reserve or esplanade strip under that section:
ii: a condition that reduces the width of the reserve or strip that is required under that section:
b: for the purpose of section 612
i: a condition that requires an additional esplanade reserve to be set aside in accordance with that section:
ii: a condition that reduces the width of the additional reserve that is required under that section:
c: if an esplanade strip is required, a condition that specifies what must be included in the instrument that creates the strip ( see clause 5 1991 No 69 s 220(1)(a), (aa), (ac) Easements
622: Condition requiring easement to be granted or reserved
1: A subdivision consent may include a condition that requires a specified easement to be granted or reserved.
2: After the easement is granted or reserved, it must not, except with the written consent of the territorial authority,—
a: be surrendered by the owner of the benefited land or, if it is an easement in gross, by the grantee of the easement; or
b: be merged by transfer to the owner of the benefited land or the burdened land; or
c: be varied.
3: Subsection (4)
a: to any allotment that is benefited land or burdened land under the easement; and
b: to any instrument of transfer, conveyance, lease, or other disposition of that allotment.
4: The Registrar-General of Land must refuse to register the instrument unless they are satisfied that the easement has been granted or reserved or will be granted or reserved by the time that the instrument is registered.
5: The Registrar-General of Land must note on any relevant records of title a memorial that the easement is subject to the provisions of this section. 1991 No 69 ss 220(1)(f) 243(a), (c), (d)
623: Condition requiring easement to be extinguished
A subdivision consent may include a condition that—
a: applies to an existing easement for which the land is the dominant tenement, but which the territorial authority considers to be redundant; and
b: requires that the easement be extinguished entirely or in relation to 1 or more specified allotments. 1991 No 69 s 220(1)(g)
624: Revocation of conditions about easements
1: This section applies if a subdivision consent includes a condition described in—
a: section 622
b: section 623
2: The territorial authority may at any time, whether before or after the survey plan is deposited, revoke the condition in whole or in part.
3: If the territorial authority revokes the condition, it must,—
a: if it has not yet approved the survey plan under section 578
b: in any other case, forward to the Registrar-General of Land a certificate to the effect that the condition has been revoked in whole or in part.
4: The certificate referred to in subsection (3)(b)
5: The Registrar-General of Land must note the records accordingly. 1991 No 69 s 243(e), (f) Amalgamation of land
625: Requirement to consult Registrar-General of Land before imposing condition about amalgamation
1: Before granting a subdivision consent that includes a condition described in any of sections 626 to 628
2: If the Registrar-General of Land advises that it is not practical to impose a particular condition, the consent authority—
a: must not grant a subdivision consent subject to that condition; but
b: may, if it thinks fit, grant a subdivision consent that is subject to any other condition described in those sections that the Registrar-General of Land advises is practical in the circumstances. 1991 No 69 s 220(3)
626: Conditions with requirements for amalgamation
1: A condition described in this section may be imposed in respect of—
a: any part or parts of land being subdivided:
b: any other adjoining land of the subdividing owner.
2: A subdivision consent may include a condition requiring that specified land be—
a: transferred to the owner of any other adjoining land and amalgamated with that land or part of that land; or
b: amalgamated, where the specified parts are adjoining; or
c: amalgamated, whether the specified parts are adjoining or not, for any purpose that is—
i: specified in a plan; or
ii: necessary to comply with the plan; or
d: held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotments in the subdivision.
3: A condition requiring that land be amalgamated must also include—
a: a condition described in section 627
b: a condition described in section 628
4: For the purpose of this section, adjoining land 1991 No 69 s 220(1)(b), (2)
627: Condition requiring that amalgamated land be held in 1 record of title
1: A subdivision consent may, to comply with section 626(3)
2: When the condition, or a similar one under a corresponding provision of any former enactment, has been complied with,—
a: the separate parcels of land included in the record of title in accordance with the condition must not be capable of being disposed of individually, or of again being held under separate records of title, except with the approval of the territorial authority; and
b: on the issue of the record of title, the Registrar-General of Land must enter on the record of title a memorandum that the land is subject to this section.
3: The territorial authority may cancel the condition, in whole or in part,—
a: whether it was included under section 626(3)
b: at any time before or after the survey plan has been deposited.
4: If the territorial authority cancels the condition after it approves the survey plan under section 578
5: If the territorial authority cancels the condition, it must,—
a: if it has not yet approved the survey plan under section 578
b: in any other case, forward to the Registrar-General of Land a certificate to the effect that the condition has been cancelled in whole or in part.
6: The certificate referred to in subsection (5)(b)
7: The Registrar-General of Land must note the records accordingly.
8: See section 580(5) 1991 No 69 s 241(2)–(4)
628: Condition requiring covenant against transfer of allotments
1: A subdivision consent may, to comply with section 626(3)
2: A covenant against the disposal of allotments
3: The covenant—
a: must be in writing; and
b: must be signed by the owner of the land and the chief executive or other authorised officer of the territorial authority; and
c: must be treated—
i: as an instrument capable of registration under the Land Transfer Act 2017 section 51
ii: as if it runs with the land and binds subsequent owners.
4: The territorial authority may cancel the covenant, in whole or in part,—
a: whether it was required by a condition included under section 626(3)
b: at any time, whether before or after the survey plan is deposited.
5: If the territorial authority cancels the covenant after it approves the survey plan under section 578
6: The certificate must be signed by the chief executive or other authorised officer of the territorial authority.
7: The Registrar-General of Land must note the records accordingly.
8: See section 580(5) 1991 No 69 s 240(3)–(5)
629: Prior registered instruments protected
1: This section applies if—
a: either—
i: specified land is amalgamated in 1 record of title with other land in accordance with a condition imposed under section 627
ii: a covenant against transfer of allotments is registered over land in accordance with a condition imposed under section 628
b: that other land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
c: that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of section 626 628
2: The specified land must be treated as if it were, and had always been, part of the other land that is subject to that instrument.
3: All rights and obligations in respect of, or encumbrances on, that other land are deemed also to be rights and obligations in respect of, or encumbrances on, the specified land.
4: If the instrument referred to in subsection (1)(b)
a: the issue of the record of title in accordance with section 627
b: the registration of the covenant in accordance with section 628
5: If subsection (2), (3), or (4) subsection (4)
6: If a memorial has been entered on a record of title under this section, and the Registrar-General of Land is notified about a cancellation of all or part of a condition or covenant to which this section applies, the Registrar-General of Land must alter the memorial accordingly. 1991 No 69 s 242 Protection against natural hazards
630: Condition requiring protection against natural hazards
A subdivision consent may include a condition requiring that provision be made, to the satisfaction of the consent authority, for either or both of the following purposes:
a: to protect land that forms part of the subdivision against natural hazards, or any risks of natural hazards, from any source:
b: to protect any other land against natural hazards, or any risks of natural hazards, that arise, or are likely to arise, as a result of the subdivision. 1991 No 69 s 220(1)(d)
631: Other conditions relevant to subdivision consents
A subdivision consent may include 1 or more conditions imposing the following requirements: Land to vest in territorial authority
a: a requirement that land in the coastal marine area or the bed of a lake or river be vested in a territorial authority in accordance with section 583 Structures on allotments
b: a requirement that sets the bulk, height, location, foundations, or height of floor levels of any structure on an allotment: Necessary works
c: a requirement that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority. 1991 No 69 s 220(1)(ab), (c)–(e) Certificates of completion
632: Issue of certificates of completion
1: This section applies if compliance with a condition of a subdivision consent depends on—
a: the completion by the owner of any work required by the territorial authority; or
b: the making of an environmental contribution.
2: The territorial authority may, for the purpose of section 587(4) certificate of completion
a: to the satisfaction of the territorial authority; and
b: within the period specified by the territorial authority (the specified completion period
3: The territorial authority may from time to time extend the specified completion period, but the extension does not affect any security given for the performance of the bond.
4: The territorial authority may exercise all of the powers conferred upon a consent authority by section 676
5: The provisions of section 677
6: In this section, work
a: includes anything, whether in the nature of works or otherwise, required by the territorial authority to be done by the owner as a condition of a subdivision consent; but
b: does not include contributions of money or land (including esplanade reserves and esplanade strips) as a condition of a subdivision consent. 1991 No 69 s 222 Notices of ongoing requirements
633: Consent notice for subdivision consent with ongoing requirements
1: This section applies if a subdivision consent includes an ongoing requirement.
2: The consent authority must issue a consent notice that—
a: specifies the ongoing requirements; and
b: is signed by a person authorised by the territorial authority to sign notices of ongoing requirements; and
c: is to be lodged with the Registrar-General of Land before the survey plan for the subdivision is deposited; and
d: is to be treated as an instrument creating an interest in the land within the meaning of section 51
e: is to be treated as a covenant running with the land when registered under the Land Transfer Act 2017 section 103
3: Subsection (4) section 584
4: The Registrar-General of Land may accept and register a revised notice of ongoing requirements, if that is necessary to correctly reflect the requirement of the subdivision consent.
5: For the purpose of this section and section 634 ongoing requirement
a: means any condition imposing a requirement that the subdividing owner and subsequent owners must comply with on a continuing basis after the deposit of a survey plan; but
b: does not include a condition imposing a requirement in respect of which—
i: a bond is required to be entered into by the subdividing owner; or
ii: a completion certificate is capable of being, or has been, issued. 1991 No 69 s 221
634: How notices of ongoing requirements are varied or cancelled
1: This section applies if a consent notice is issued under section 633
2: At any time after the related survey plan is deposited by the Registrar-General of Land,—
a: the current owner of the subdivided land may apply to a territorial authority to vary or cancel any requirement specified in the notice; and
b: the territorial authority may, whether or not an application is made under paragraph (a)
3: Sections 239 to 314 337 to 341 subsection (2)
4: Subsection (5)
a: the notice of ongoing requirements is registered under the Land Transfer Act 2017
b: the Registrar-General of Land is satisfied that a requirement specified in the notice—
i: has been varied or cancelled after an application is made or review is conducted under this section; or
ii: has expired.
5: The Registrar-General of Land must make an entry in the register, and on any relevant instrument of title, noting that the notice of ongoing requirements has been varied or cancelled or has expired (as applicable).
6: The requirement in the notice of ongoing requirements then takes effect as varied, or ceases to have effect, as the case may be. 1991 No 69 s 221(3), (5)
11: Compliance and enforcement
635: Interpretation
In this Part, NBE regulator
a: means a local authority and the EPA, when acting under this Act; and
b: includes any public service agency empowered under any Act to exercise or perform any functions, powers, or duties of an NBE regulator under this Act.
1: Compliance and enforcement measures ordered by Environment Court
How certain proceedings to be heard
636: Proceedings to be heard by Environment Judge
1: All proceedings under this subpart must be heard by an Environment Judge sitting alone or by the Environment Court, except as provided in subsections (2) and (3).
2: Proceedings under section 647
a: in the District Court; and
b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.
3: Proceedings under section 652 653
4: All proceedings under section 701
a: in the District Court; and
b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge.
5: An Environment Judge may transfer to the District Court any proceedings under this Part for enforcement action if the action is associated with proceedings under section 701
6: This Part does not apply to a protected customary right.
7: However, sections 637 to 640 692 to 697 1991 No 69 s 309 Declarations
637: Scope and effect of declaration
1: A declaration may declare—
a: the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation)—
i: any duty under this Act to prepare and have particular regard to an evaluation report imposed by clause 68
ii: any duty imposed by section 133 134
b: whether a provision or proposed provision of a plan,—
i: contrary to section 167
ii: contrary to section 384 section 393
c: whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations made under a relevant empowering provision in this Act, including the national planning framework, or a plan rule or proposed plan, a requirement for a designation or for a heritage protection order, or a resource consent; or
d: whether or not an act or omission, or a proposed act or omission, is a permitted activity, anticipated activity, discretionary activity, or prohibited activity, or breaches section 30 34
e: the point at which the landward boundary of the coastal marine area crosses any river; or
f: whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 538
g: any issue or matter relating to notification status of an activity determined under section 200(1)(b)
h: the existence or extent of any function, duty, right, or power under the Spatial Planning Act 2023
i: any other issue or matter relating to the interpretation or administration under the Spatial Planning Act 2023
j: any other issue or matter relating to the interpretation, administration, or enforcement under this Act.
2: In the course of any proceedings, the Environment Court may make a declaration referred to in subsection (1) on its own initiative without an application from any party to the proceedings. 1991 No 69 s 310
638: Application for declaration
1: Any person may at any time apply to the Environment Court in the prescribed form for a declaration, except as provided in subsections (2) and (3).
2: No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a consent holder or any other person is contravening any condition of a resource consent or a plan rule or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.
3: No person (other than a local authority, a consent authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 637(e) 1991 No 69 s 311
639: Notification of application
1: The applicant for a declaration must serve notice of the application in the prescribed form on every person directly affected by the application.
2: Every notice required to be served under this section must be served within 5 working days after the application is made to the Environment Court. 1991 No 69 s 312
640: Decision on application
1: After hearing the applicant, any person served with notice of the application, and any other person who has the right to be represented at proceedings under section 53 of Schedule 13
a: make the declaration sought by an application, with or without modification; or
b: make any other declaration that it considers necessary or desirable; or
c: decline to make a declaration.
2: If the Environment Court makes a declaration on any issue or matter regarding the notification status of an activity determined under section 200(1)(b)
a: make any interim order it considers necessary for the purpose of preserving the position of any party to the application for a declaration:
b: make an order setting aside a part or the whole of the decision of the consent authority and—
i: referring a part or the whole of the decision back to the consent authority to reconsider:
ii: giving the consent authority any directions it thinks just as to the reconsideration of a part or the whole of its decision:
c: despite section 646(2)
3: If the Environment Court gives directions under subsection (2)(b)(ii),—
a: the court must give reasons for those directions; and
b: the consent authority must, in reconsidering its decision in accordance with the directions of the court, have regard to the reasons of the court. 1991 No 69 s 313 2005 No 87 s 117 Enforcement orders
641: Scope of enforcement order
1: An enforcement order is an order made under section 646
a: require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court,—
i: contravenes or is likely to contravene this Act, any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c) section 30 34
ii: is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
b: require a person to do something that, in the opinion of the court, is necessary in order to—
i: ensure compliance by or on behalf of that person with this Act, any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
ii: avoid, minimise, or remedy any actual or likely adverse effect on the environment caused by or on behalf of that person:
c: require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person:
d: require a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses that that other person has incurred or is likely to incur in avoiding, minimising, or remedying any adverse effect on the environment, where the person against whom the order is sought fails to comply with—
i: an order under any other paragraph of this subsection; or
ii: an abatement notice; or
iii: a plan rule, a proposed plan, or a resource consent; or
iv: any of that person's other obligations under this Act:
e: require a polluter of contaminated land (within the meaning of Part 7 Part 7
f: require a person to do something that, in the opinion of the court, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on the environment relating to any land of which the person is the owner or occupier:
g: change or cancel a resource consent if, in the opinion of the court, the information made available to the consent authority by the applicant contained inaccuracies relevant to the enforcement order sought which materially influenced the decision to grant the consent:
h: where the court determines that any 1 or more of the requirements of Schedule 6
i: grant a dispensation from the need to comply with those requirements:
ii: direct compliance with any of those requirements:
iii: suspend the whole or any part of a plan from a particular date (which may be on or after the date of the order, but does not affect any court order made before the date of the suspension order):
i: require a person to take or refrain from taking any specified action so as to comply with any consent notice or covenant issued or entered into under a condition of a resource consent:
j: make an order under—
i: section 660
ii: section 673
iii: section 717
2: For the purposes of subsection (1)(d), actual and reasonable costs
3: An enforcement order may be made on any terms and conditions that the Environment Court thinks fit (including the payment of any administrative charge under section 757 section 646(2)
4: Without limiting subsections (1) to (3), an enforcement order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation).
5: An enforcement order, if the court so states, applies to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.
6: The power to make an enforcement order under this section is not limited by section 18(2) 1991 No 69 s 314
642: Compliance with enforcement order
1: If an enforcement order is made against a person, and that enforcement order is served on that person, that person must—
a: comply with the order; and
b: unless the order directs otherwise, pay all the costs and expenses of complying with the order.
2: If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—
a: comply with the order on behalf of the person who fails to comply with the order and, for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwelling house); and
b: sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
c: after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.
3: Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5
4: Failure to comply with an enforcement order is an offence under section 701 1991 No 69 s 315
643: Application for enforcement order
1: Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in section 641(1)(a) to (d) or (2)
2: An application may at any time be made in the prescribed form to the Environment Court by—
a: an NBE regulator for an enforcement order of the kind specified in section 641(1)(e) or (h)
b: a local authority or consent authority for an enforcement order of the kind specified in section 641(1)(f)
3: An application for an enforcement order under section 641(1)(g) or (i)
a: by a local authority (or the Minister of Conservation if the application concerns the coastal marine area) at any time; or
b: by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.
4: Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 641(3) or (4)
5: No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce any condition of a resource consent or a plan rule or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates. 1991 No 69 s 316
644: Notification of application
1: If an application for an enforcement order is made, the applicant must serve notice of the application in the prescribed form on every person directly affected by the application.
2: Every notice required to be served under this section must be served within 5 working days after the application is made to the Environment Court.
3: However, this section is subject to section 647 1991 No 69 s 317
645: Right to be heard
1: Before deciding an application for an enforcement order, the Environment Court must—
a: hear the applicant; and
b: hear any person against whom the order is sought who wishes to be heard, but only if that person notifies the Registrar that the person wishes to be heard within 15 working days after the date on which they were notified of the application.
2: However, this section is subject to section 647 1991 No 69 s 318
646: Decision on application
1: After considering an application for an enforcement order, the Environment Court may—
a: make any appropriate order under section 641
b: refuse the application.
2: The Environment Court must not make an enforcement order under section 641(1)(a)(ii), (b)(ii), (c), (d)(iv), or (f)
a: that person is acting in accordance with—
i: a rule in a plan; or
ii: a resource consent; or
iii: a designation; and
b: the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be.
3: The Environment Court may make an enforcement order if—
a: the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
b: the person was acting in accordance with a resource consent that has been changed or cancelled under section 641(1)(g) 1991 No 69 s 319
647: Interim enforcement order
1: Sections 641 to 646
2: If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—
a: without requiring service of notice in accordance with section 644
b: without holding a hearing.
3: Before making an interim enforcement order, the Environment Judge or the District Court Judge must consider—
a: what the effect of not making the order would be on the environment; and
b: whether the applicant has given an appropriate undertaking as to damages; and
c: whether the Judge should hear the applicant or any person against whom the interim order is sought; and
d: such other matters as the Judge thinks fit.
4: The Judge must direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made, and the order takes effect from when it is served or any later date that the order directs.
5: Subsections (6) and (7) apply to a person against whom an interim enforcement order has been made if that person was not heard by a Judge before the order was made.
6: The person may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order.
7: After hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.
8: An interim enforcement order stays in force until—
a: an application for an enforcement order under section 643
b: the order is cancelled by an Environment Judge or a District Court Judge under subsection (7) or by the Environment Court under section 648 1991 No 69 s 320
648: Change or cancellation of enforcement order
1: Any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order.
2: Sections 644 to 646
3: This section does not limit section 647(5) 1991 No 69 s 321 Abatement notices
649: Scope of abatement notice
1: An abatement notice may be served on any person by an enforcement officer—
a: requiring the person to cease, or prohibiting that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
i: contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a resource consent; or
ii: is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
b: requiring the person to do something that, in the opinion of the enforcement officer, is necessary to ensure compliance by or on behalf of that person with this Act, any regulations, a plan rule or a proposed plan, or a resource consent, and also necessary to avoid, minimise, or remedy any actual or likely adverse effect on the environment—
i: caused by or on behalf of the person; or
ii: relating to any land of which the person is the owner or occupier:
c: requiring a person who is contravening section 19
i: an occupier of any land; or
ii: a person carrying out any activity in, on, under, or over a water body or the water within the coastal marine area:
d: requiring the person to take or refrain from taking any specified action so as to comply with any consent notice or covenant issued or entered into under a condition of a resource consent:
e: requiring the person to take preventative action to avoid actual or likely adverse effects on the environment:
f: requiring the person to cease, or prohibit a person from starting, anything specified in the abatement notice to avoid the risk of imminent harm.
2: If any person is under a duty not to contravene a rule in a proposed plan under sections 21 23(4) 25(3) 26(3)
a: to cease, or prohibit that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or
b: to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan.
3: An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit.
4: An abatement notice must not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or (2) exist.
5: The power to make an abatement notice under this section is not limited by section 18(2) 1991 No 69 s 322
650: Compliance with abatement notice
1: A person on whom an abatement notice is served must—
a: comply with the notice within the period specified in the notice; and
b: unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.
2: If a person against whom an abatement notice is made under section 649(1)(c)
a: take all any reasonable steps as they consider necessary to cause the noise to be reduced to a reasonable level; and
b: when accompanied by a constable, seize and impound the noise source.
3: This section is subject to the rights of appeal in section 652 1991 No 69 s 323
651: Form and content of abatement notice
1: An abatement notice must be in the prescribed form and must state—
a: the name of the person to whom it is addressed; and
b: the reasons for the notice; and
c: the action required to be taken or ceased or not undertaken; and
d: the period within which the action must be taken or cease, having regard to the circumstances giving rise to the abatement notice; and
e: the consequences of not complying with the notice or lodging a notice of appeal; and
f: the rights of appeal under section 652
g: in the case of a notice under section 649(1)(c) section 650(2)
h: the name and address of the NBE regulator whose enforcement officer issued the notice.
2: In stating the matters required by subsection (1)(d),—
a: regard must be had to the circumstances that gave rise to the abatement notice; and
b: a reasonable period, not less than 7 days after the date on which the notice is served, must be allowed to take the action required or cease the action if the abatement notice is within the scope of section 649(1)(a)(ii) 1991 No 69 s 324
652: Appeals
1: Any person on whom an abatement notice is served may appeal to the Environment Court against the whole or any part of the notice.
2: Notice of an appeal must be in the prescribed form and must—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required by regulations made under section 801
c: be lodged with the Environment Court and served on the NBE regulator (whose abatement notice is appealed against) within 15 working days after service of the abatement notice on the appellant.
3: Any powers which may be exercised by an Environment Judge under this section or section 653
4: The Environment Court must not confirm an abatement notice that is the subject of an appeal if—
a: the person served with the abatement notice was acting in accordance with—
i: a rule in a plan; or
ii: a resource consent; or
iii: a designation; and
b: the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, notified the proposed plan, granted the resource consent, or approved the designation at the time of the approval, notification, or granting, as the case may be.
5: However, the Environment Court may confirm an abatement notice under appeal in any case if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be. 1991 No 69 s 325
653: Environment Court may order stay of abatement notice
1: An appeal against an abatement notice does not operate as a stay of the notice unless—
a: the abatement notice is within the scope of section 649(1)(a)(ii) section 150 151(c)
b: a stay is granted by an Environment Judge under subsection (6).
2: Any person who appeals under section 652(1)
3: An application for a stay must be in the prescribed form and must—
a: state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
b: state the likely effect on the environment if the stay is granted; and
c: be lodged with the Environment Court and served immediately on the relevant authority whose abatement notice is appealed against.
4: If a person applies for a stay, an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.
5: Before granting a stay, an Environment Judge must consider—
a: what the likely effect of granting a stay would be on the environment; and
b: whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
c: whether to hear—
i: the applicant:
ii: the relevant authority whose abatement notice is appealed against; and
d: such other matters as the Judge thinks fit.
6: An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.
7: Any person to whom a stay is granted must serve a copy of it on the NBE regulator whose abatement notice is appealed against, and the stay has no legal effect until served.
8: Any stay remains in force until an order is made otherwise by the Environment Court.
654: Cancellation of abatement notice
1: If the NBE regulator on whose behalf an abatement notice is issued considers that the abatement notice is no longer required, the regulator may cancel the abatement notice at any time.
2: The NBE regulator must give written notice of its decision to cancel an abatement notice to any person subject to that abatement notice.
3: Any person who is directly affected by an abatement notice may apply in writing to the NBE regulator to change or cancel the abatement notice.
4: The NBE regulator must, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit, and the relevant authority may confirm, change, or cancel the abatement notice.
5: The relevant authority must give written notice of its decision to the person who applied under subsection (4).
6: If the NBE regulator, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 652
7: If an abatement notice is issued on behalf of the Minister of Conservation, that Minister is an NBE regulator for the purposes of this section. 1991 No 69 s 325A Excessive noise
655: Meaning of excessive noise
1: In this Act, the term excessive noise
a: aircraft being operated during, or immediately before or after, flight; or
b: vehicle being driven on a road (within the meaning of section 2(1)
c: train, other than when being tested (when stationary), maintained, loaded, or unloaded.
2: Without limiting subsection (1), excessive noise
a: includes noise that exceeds a standard for noise prescribed by the national planning framework; and
b: may include noise emitted by—
i: a musical instrument; or
ii: an electrical appliance; or
iii: a machine, however powered; or
iv: a person or group of persons; or
v: an explosion or vibration. 1991 No 69 s 326
656: Issue and effect of excessive noise direction
1: This section applies if an enforcement officer, or any constable acting on the request of an enforcement officer,—
a: has received a complaint that excessive noise is being emitted from any place; and
b: upon investigation of the complaint, is of the opinion that the noise is excessive.
2: An enforcement officer, or any constable acting on the request of an enforcement officer, may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level.
3: A direction under subsection (2) may be given in writing or orally.
4: Every direction under subsection (2) must prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 8 days or any shorter period that the enforcement officer or constable specifies, commencing at the time the direction is given.
5: The powers under this section are in addition to the powers under sections 649 to 652 section 643 1991 No 69 s 327
657: Compliance with excessive noise direction
1: Every person who is given a direction under section 656
2: Every person who knows or ought to know that a direction under section 656
3: If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable) or a constable may enter the place without further notice and—
a: seize and remove from the place any instrument, appliance, vehicle, aircraft, train, or machine (the item
b: render the item inoperable by the removal of any part from; or
c: lock or seal the item so as to make unusable.
4: If a direction under section 656
a: seize and remove the item from the place; or
b: render the item inoperable by the removal of any part from; or
c: lock or seal the item so as to make unusable.
5: Where any enforcement officer or constable enters any place under subsection (4), they must leave in that place, in a prominent position,—
a: a copy of the relevant written excessive noise direction issued under section 656
b: a written notice stating—
i: the date and time of the entry:
ii: the name of the person in charge of the entry:
iii: the actions taken to ensure compliance with the excessive noise direction:
iv: the address of the office at which inquiries may be made in relation to the entry.
6: Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.
7: Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances. 1991 No 69 s 328 Water shortage
658: Water shortage direction
1: If a regional council considers that at any time there is a serious temporary shortage of water in its region or any part of its region, the regional council may issue a direction for either or both of the following:
a: that the taking, use, damming, or diversion of water is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction:
b: that the discharge of any contaminant into water is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction.
2: A direction may relate to any specified water, to water in any specified area, or to water in any specified water body.
3: A direction may not last for more than 14 days but may be amended, revoked, or renewed by the regional council by a subsequent direction.
4: A direction comes into force on its issue and continues in force until it expires or is revoked.
5: A direction may be issued by any means the regional council thinks appropriate, but notice of the particulars of the direction shall be given to all persons required to apportion, restrict, or suspend—
a: the taking, use, damming, or diversion of water as far as they can be ascertained, as soon as practicable after its issue; or
b: the discharge of any contaminant into water as far as they can be ascertained, as soon as practicable after its issue.
6: For the purpose of this section, notice may be given to a person by serving it on the person or by publishing the notice in 1 or more daily newspapers circulating in the area where the person takes, uses, dams, or diverts the water, or discharges a contaminant into water. 1991 No 69 s 329 Restrictions relating to enforcement orders and abatement orders
659: Restrictions on certain applications for enforcement orders and abatement notices
1: No person may apply to the Environment Court for an enforcement order of a kind specified in any of section 641(1)(a) to (d)
a: by or on behalf of the Director of Maritime New Zealand under section 248 249
b: by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
c: by or on behalf of any on-scene commander under section 305 311 section 310
d: by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 311
2: No person (other than the Minister, the Director of Maritime New Zealand, or an NBE regulator) may apply to the Environment Court for an enforcement order to require any person to comply with or cease contravening section 28
3: No person may apply for an enforcement order of a kind specified in section 641(1)(d section 342 Part 25
4: An enforcement order or abatement notice may be served on a person to require a person—
a: to cease, or prohibit a person from doing, any activity that, in the opinion of the Environment Court or an enforcement officer is, or is likely to be, noxious, dangerous, offensive, or objectionable to the extent that it has or is likely to have an adverse effect on the environment; or
b: to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary to avoid, minimise, or remedy an actual or likely adverse effect on the environment caused by or on behalf of that person.
5: Subsection (1) is subject to section 646(2) 1991 No 69 ss 17(3), (4) 325B Monetary benefit orders
660: Monetary benefit orders
1: The Environment Court (in any case) or the District Court (if proceedings for an offence are taken in that court) may order a person to pay an amount not exceeding the amount that the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention under this Act in relation to which the order is made.
2: When determining an amount that the person must pay under an order under subsection (1), the court may take into account—
a: the person's financial circumstances; and
b: any amount submitted to the court by the NBE regulator under subsection (3) or the person under subsection (4).
3: The NBE regulator may submit to the court the amount the regulator considers to be a reasonable estimate of the monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention in relation to which the order under subsection (1) is sought, as determined in accordance with—
a: a prescribed guideline, method, or protocol; or
b: any other method the regulator considers appropriate.
4: The person has a right of reply to the NBE regulator’s submission under subsection (3).
5: For the purposes of subsection (1), the court may assume that an amount represents any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of an offence or contravention if—
a: the NBE regulator submits that amount to the court under subsection (3); and
b: the regulator determined that amount in accordance with a prescribed guideline, method, or protocol.
6: Any amount received as the payment of an order made under subsection (1) must be paid to the NBE regulator unless otherwise directed by the court.
7: In this section, monetary benefits
a: means monetary, financial, or economic benefits; and
b: includes any monetary, financial, or economic benefit the person acquires or accrues by avoiding or delaying the person's compliance with the provision, condition, or duty to which the person's offence or contravention relates. Environmental Protection Act 2017 s 329 (Victoria) Revocation or suspension of resource consent for non-compliance with legislation
661: Environment Court may revoke or suspend resource consent
1: If an NBE regulator is satisfied that there has been ongoing, significant, or repeated non-compliance with this Act or the Resource Management Act 1991
a: revoking the resource consent in whole or in part; or
b: suspending the resource consent in whole or in part for a specified period.
2: The NBE regulator must demonstrate in their application that, on the balance of probabilities, the revocation or suspension is in the best interests of the public and will not result in any adverse effects on the environment.
3: The NBE regulator must, within 5 working days after the application is made to the court, serve notice of the application in the prescribed form on every person directly affected by the application.
4: The court may, having regard to the nature of the non-compliance,—
a: revoke the resource consent with effect on a specified date; or
b: suspend the resource consent for a specified period unconditionally or subject to any conditions the court thinks fit.
5: Subsection (4) does not apply until the person to whom an order, if made, will apply has been given an opportunity to be heard.
6: No court may order that compensation or redress be paid or provided to any person for any loss or damage arising from the revocation or suspension of the person’s resource consent under this section. Declaration if certain restrictions contravened
662: Declaration relating to trade competition
1: Proceedings may be brought in the Environment Court under subpart 5
a: has contravened any of the provisions of that subpart:
b: aided, abetted, counselled, induced, procured, or conspired with a person to contravene any of the provisions of that subpart:
c: was in any other way knowingly concerned about any of the provisions of that subpart being contravened.
2: The proceedings may be brought by any person other than person A or person C who was—
a: a party to an appeal against a decision under this Act in favour of person B; or
b: a party to a proceeding in the Environment Court lodged by person B under any of the provisions referred to in section 217(2)
3: Proceedings under this section—
a: must not be commenced until the appeal or proceedings referred to in subsection (2) have been determined; but
b: must be commenced not later than 6 years after the action occurred that contravened that subpart.
4: The Environment Court may make the declaration.
5: Terms used in this section and defined in section 214 1991 No 69 s 308G
663: Costs if declaration made
1: This section applies if the Environment Court makes a declaration under section 662
2: The Environment Court must make an order that the party against whom the declaration is made must pay any other party an amount for costs and expenses, calculated by—
a: totalling the costs and expenses (including witness expenses) that the other party incurred because the party against whom the declaration is made contravened subpart 5
b: deducting from the total under paragraph (a) any amount paid by the party against whom the declaration is made to the other party in previous proceedings on the same matter.
3: The Environment Court must also make an order that the party against whom the declaration is made must pay to the Crown an amount for costs and expenses, calculated by—
a: totalling the costs and expenses incurred by the court because the party against whom the declaration is made contravened subpart 5
b: deducting from the total under paragraph (a) any amount paid by the party against whom the declaration is made to the other party in previous proceedings on the same matter.
4: The court may decline to make an order under subsection (2) or (3), but only if it considers that an order should not be made because of exceptional circumstances relevant to the matter.
5: If the court declines to make an order under subsection (2) or (3), it may make an order under clause 91(1) or (3)
6: If the court makes a declaration against person C, it must also make an order that person A must not, directly or indirectly, reimburse person C for the costs and expenses that the court has ordered person C to pay. 1991 No 69 s 308G
664: Proceedings for damages in High Court
1: A person who obtains a declaration under section 662
2: The proceedings must—
a: be commenced within 6 years of the declaration being made under section 662
b: be brought in accordance with the High Court Rules 2016
3: The High Court must order the payment of damages for loss suffered by the plaintiff because of the conduct of the defendant that gave rise to the making of the declaration.
2: Enforceable undertakings
665: NBE regulator may accept enforceable undertakings
1: An NBE regulator may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
2: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. 2015 No 70 s 123
666: Undertaking may include requirements as to compensation or penalties
1: An undertaking under section 665
a: an undertaking to pay compensation to any person or otherwise take action to avoid, minimise, or remedy any actual or likely adverse effects arising from a contravention, involvement in a contravention, or possible contravention or involvement in a contravention of any provision of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
b: an undertaking to pay to the NBE regulator an amount in compensation for the remediation of any actual or likely adverse effects arising from the contravention, involvement in a contravention, or possible contravention or involvement.
2: The NBE regulator must apply the amount collected under subsection (1)(b) to the purpose for which the amount was collected.
3: If an undertaking referred to in subsection (1) is given, the NBE regulator must give notice of that undertaking on its Internet site (whether or not it gives notification of other undertakings given in relation to the same matter).
4: The notice under subsection (3) must include—
a: notice of the decision to accept an enforceable undertaking and the reasons for that decision; and
b: a statement of the amount of compensation to be paid or action to be taken to avoid, minimise, or remedy any actual or likely effects arising; and
c: the name of the person providing the undertaking; and
d: a brief description of the circumstances and nature of the alleged contravention to which the undertaking relates.
5: This section does not limit section 665 2011 No 5 s 46A
667: Notice of decision and reasons for decision
The NBE regulator must, within 15 working days after receiving a proposed enforceable undertaking, give the person seeking to make the enforceable undertaking written notice of—
a: its decision to accept or reject the undertaking; and
b: the reasons for the decision. 2015 No 70 s 124
668: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the NBE regulator's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the regulator. 2015 No 70 s 125
669: Compliance with enforceable undertaking
A person must not contravene an enforceable undertaking given by that person that is in force. 2015 No 70 s 126
670: Contravention of enforceable undertaking
1: The NBE regulator may apply to the District Court for an order if a person contravenes an enforceable undertaking.
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the NBE regulator—
a: the costs of the proceedings; and
b: the reasonable costs of the regulator in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c) 2015 No 70 s 127
671: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the NBE regulator,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
3: The NBE regulator must publish, on an Internet site maintained by or on behalf of the regulator, notice of the withdrawal or variation of an enforceable undertaking. 2015 No 70 s 128
672: Proceedings for alleged contravention
1: No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
2: No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
a: has made an enforceable undertaking in relation to that contravention; and
b: has completely discharged the enforceable undertaking.
3: The NBE regulator may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
4: If the NBE regulator accepts an enforceable undertaking before the proceedings are completed, the regulator must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129 Adverse publicity orders
673: Adverse publicity orders
1: An order under this section (an adverse publicity order
a: be made by the Environment Court in enforcement proceedings on application by the NBE regulator; or
b: be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor; or
c: be offered by the consent holder as part of an enforceable undertaking.
2: An adverse publicity order may require the consent holder or another person involved in the commission of the non-compliance to do 1 or more of the following:
a: take any specified action to publicise—
i: the non-compliance:
ii: any impacts on human health or the environment or other consequences arising or resulting from the non-compliance:
iii: if applicable, any penalties imposed, or other orders made, by the court as a result of the commission of the non-compliance:
iv: any specified additional information:
b: take any specified action to notify a specified person or class of persons of the matters listed in paragraph (a).
3: Any person against whom an adverse publicity order is made by the Environment Court or District Court may appeal to the High Court against the whole or any part of the order.
4: Notice of an appeal must be in the prescribed form and must—
a: state the reasons for the appeal and the relief sought; and
b: state any matters required by regulations made under section 801
c: be lodged with the Environment Court and served on the consent holder and the NBE regulator within 15 working days after service of the order on the appellant.
5: The High Court may confirm or reverse the order appealed against or modify the order in any manner that the court thinks fit.
6: If any question arises as to whether non-compliance with this Act has been established, the question must be determined on the balance of probabilities.
7: If an appeal is lodged against an adverse publicity order, the order is stayed until the appeal is determined.
8: In this section, non-compliance Environmental Protection Act 2017 s 330 (Victoria)
3: Financial assurances
674: NBE regulator may require financial assurance
1: An NBE regulator may require a person undertaking a particular activity to provide a financial assurance.
2: A consent authority may include a condition in a resource consent that requires a person undertaking a particular activity to provide a financial assurance.
3: The purpose of a financial assurance is to provide security for the costs and expenses of remediation or clean-up in connection with a particular activity.
4: If the NBE regulator requires a person to provide a financial assurance, the regulator must notify the person in writing of the form and amount of the financial assurance.
5: If a person is given notice under subsection (4), the person must provide the financial assurance within a period, not less than 30 working days, to be specified by the NBE regulator.
675: Form of financial assurance
1: An NBE regulator may require a financial assurance to be provided—
a: as a bond; or
b: as a form of insurance; or
c: in any other form specified by the regulator.
2: Sections 676 677
676: Bonds
1: A bond may be given for the performance of any 1 or more conditions the NBE regulator considers appropriate and may continue after the expiry of the resource consent or other permission to secure the ongoing performance of conditions relating to long-term effects, including—
a: a condition relating to the alteration or removal of structures:
b: a condition relating to remedial, restoration, or maintenance work:
c: a condition providing for ongoing monitoring of long-term effects.
2: A condition describing the terms of the bond to be entered into may—
a: require that the bond be given before the resource consent or permission is exercised or at any other time:
b: require that section 677
c: provide that the liability of the holder of the resource consent or permission be not limited to the amount of the bond:
d: require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent or permission:
e: require the holder of the resource consent or permission to provide any security that the NBE regulator thinks fit for the performance of any condition of the bond:
f: require the holder of the resource consent or permission to provide a guarantor (acceptable to the NBE regulator) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
g: provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the NBE regulator.
3: If an NBE regulator considers that an adverse effect may continue or arise at any time after the expiration of a resource consent or permission granted by it, the NBE regulator may require that a bond continue for a specified period that the regulator thinks fit. 1991 No 69 s 108A
677: Special provisions in respect of bonds
1: A bond given under section 676
a: is to be treated as an instrument creating an interest in the land within the meaning of section 51
b: when registered under the Land Transfer Act 2017 section 103
2: If the registered bond is varied, cancelled, or expires, the Registrar-General of Land must make an appropriate entry in the register and on any relevant instrument of title noting that the bond has been varied or cancelled or has expired, and the bond takes effect as so varied or ceases to have any effect, as the case may be.
3: If the bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the consent authority, the NBE regulator may from time to time, under section 171
4: If the holder fails, within the period prescribed by the resource consent or other permission (or within any further period that the NBE regulator may allow), to complete, to the satisfaction of the NBE regulator, any work in respect of which any bond is given (including completion of any interim monitoring required),—
a: the regulator may enter on the land and complete the work and recover the cost of the work from the holder out of any money or securities deposited with the regulator or money paid by a guarantor, so far as the money or securities will extend; and
b: on completion of the work to the satisfaction of the regulator, any money or securities remaining in the hands of the regulator after payment of the cost of the works must be returned to the holder or the guarantor, as the case may be.
5: If the cost of any work done by the NBE regulator under subsection (4) exceeds the amount recovered by the regulator under that subsection, the amount of that excess is a debt due to the regulator by the holder, and becomes a charge on the land.
6: The provisions of this Part continue to apply despite the entry into, or subsequent variation or cancellation of, any bond. 1991 No 69 s 109
678: Amount of financial assurance
The NBE regulator may determine the amount of a financial assurance, having regard to—
a: a reasonable estimate of the costs and expenses of remediation or clean-up activities for the particular activity; and
b: any method for calculating the amount of financial assurances published by the regulator; and
c: any independent assessment obtained by the regulator; and
d: any guidance issued by the chief executive of the Ministry for the Environment.
679: Independent assessment of amount of financial assurance
1: For the purpose of determining the amount of a financial assurance, the NBE regulator may require a person to provide an independent assessment of a matter within a period specified by the regulator.
2: If the NBE regulator requires a person to provide an independent assessment under subsection (1), the person must pay any costs associated with obtaining the independent assessment.
3: An independent assessment required by the NBE regulator under subsection (1) must be conducted by a suitably qualified person.
680: Method for calculating financial assurance amount
1: The NBE regulator may publish a method for calculating financial assurance amounts.
2: The method takes effect on the day notice is published or on any later day if specified in the notice.
3: The NBE regulator must publish the method on the regulator’s Internet site.
681: Costs associated with financial assurance
A person who is required to provide a financial assurance is responsible for all reasonable costs incurred by the NBE regulator that are associated with—
a: providing the financial assurance; and
b: determining the form and amount of a financial assurance.
682: NBE regulator may review financial assurance
1: The NBE regulator may review—
a: the requirement for a person to provide a financial assurance:
b: the amount of a financial assurance:
c: the form of a financial assurance.
2: The NBE regulator may review a financial assurance in any case or class of cases prescribed by the national planning framework.
683: NBE regulator may amend financial assurance
1: The NBE regulator may, subject to subsection (2), amend—
a: the form of a financial assurance:
b: the amount of a financial assurance:
c: the form and the amount of a financial assurance.
2: If following a review, the NBE regulator proposes to amend a financial assurance, the regulator must—
a: notify the person who provided the financial assurance in writing; and
b: invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 working days after the date of notice; and
c: consider any submissions from the person who provided the financial assurance.
3: If the NBE regulator decides to amend a financial assurance, the regulator must notify the person in writing of the decision.
4: On amending a financial assurance, the NBE regulator—
a: may make any changes the regulator considers necessary to implement that amendment in an instrument or document; and
b: despite anything to the contrary in this Act or the national planning framework, may make any changes the regulator considers necessary to implement the amendment in a resource consent or other permission under this Act by complying only with this section.
5: If a person is given notice under subsection (3) and is required to provide a further form, amount, or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 working days, to be specified by the NBE regulator.
684: NBE regulator may make a claim on financial assurance
1: This section applies if—
a: the NBE regulator determines that the person who provided a financial assurance has failed to conduct the remediation or clean-up activities required by this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
b: the regulator has exercised clean-up powers in connection with the particular activity that the financial assurance was provided in relation to.
2: The NBE regulator may make a claim on a financial assurance for any reasonable costs incurred, or that the regulator considers are likely to be incurred, by the regulator in conducting the remediation or clean-up activities.
3: The NBE regulator may make a claim on a financial assurance with respect to a power specified in subsection (1)(b) whether or not any costs incurred by the NBE regulator in conducting the remediation or clean-up activities are the result of an act or omission before the financial assurance was provided.
4: If the NBE regulator makes a claim under this section and the costs incurred by the regulator in conducting the remediation or clean-up activities exceed the amount of the financial assurance, the regulator may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs incurred by the regulator in conducting the remediation or clean-up activities.
5: If the NBE regulator makes a claim under this section, nothing in this Part prevents the regulator from making a further claim for reasonable costs incurred, or that the regulator considers are likely to be incurred, in conducting clean-up or remediation activities.
6: Any money recovered under this section is to be paid to the NBE regulator.
685: Procedure for claim on financial assurance in the event of person's failure to remediate or clean up
1: Before the NBE regulator makes a claim on a financial assurance for a matter specified in section 684
a: notify the person who provided the financial assurance in writing; and
b: invite the person who provided the financial assurance to make a submission on the regulator's intention to make a claim within 20 working days of the date of the notice; and
c: consider any submissions made within the period specified in paragraph (b).
2: The NBE regulator may proceed with the claim 10 working days after the day the regulator receives any submissions or within the period specified in subsection (1)(b), whichever occurs first.
3: The NBE regulator must notify the person who provided the financial assurance of a decision under subsection (2) in writing within 5 working days after the day of the decision.
686: Procedure for claim on financial assurance in the event of immediate or serious risk
If the NBE regulator makes a claim on a financial assurance for a matter specified in section 684
a: notify the person who provided the financial assurance in writing within 10 working days of the date of the claim; and
b: give reasons for making the claim.
687: Notice to replenish financial assurance
1: If the NBE regulator makes a claim on a financial assurance, the regulator may require the person who provided the financial assurance to replenish the amount of the financial assurance by giving notice in writing.
2: A notice under subsection (1) must set out the amount the person is required to provide to replenish the amount of the financial assurance consequent to the claim.
3: If a person is given notice under subsection (1), the person must provide the amount required to replenish the financial assurance within a period, not less than 30 working days, to be specified by the NBE regulator.
688: Specified conditions for release of financial assurance
1: The NBE regulator must release all or part of a financial assurance (as the case requires) in any case or class of cases prescribed by the national planning framework.
2: If the NBE regulator releases all or part of a financial assurance, the regulator must notify the person who provided the financial assurance in writing.
689: Application for release of financial assurance
1: A person who provides a financial assurance under this subpart may apply at any time to the NBE regulator for the release of all or part of the financial assurance.
2: In considering an application under subsection (1), the NBE regulator must—
a: have regard to the prescribed risk-assessment criteria (if any); and
b: notify the person of the regulator's decision within 40 working days after the date the application is received.
3: If, in considering an application under subsection (1), the NBE regulator determines further information is required, the NBE regulator may—
a: request the person to provide further information; and
b: extend the period specified in subsection (2)(b).
690: Transfer of financial assurance
1: The NBE regulator may transfer a financial assurance if—
a: a person is required to provide a financial assurance under section 674
b: that financial assurance may be released or partly released to the person under section 688 689
c: the person is required to provide another financial assurance under section 674
2: The NBE regulator must notify the person in writing of a decision to transfer a financial assurance.
3: On transferring a financial assurance, the NBE regulator may make any changes the regulator considers necessary to implement the transfer in an instrument or document.
4: If a person is given notice under subsection (2) and is required to provide a further amount as a financial assurance, the person must provide the further amount of the financial assurance within a period, not less than 30 working days, to be specified by the NBE regulator.
691: Enforcement of financial assurance
1: A person must not refuse or fail to do any of the following within the specified period:
a: provide a financial assurance:
b: provide a further amount as a financial assurance following amendment by the NBE regulator:
c: replenish the amount of a financial assurance consequent to a claim on the financial assurance.
2: If a person refuses or fails to fulfil a requirement specified in subsection (1) when it is due, the NBE regulator may suspend the relevant resource consent or other permission until the person fulfils the requirement.
4: Miscellaneous provisions relating to compliance and enforcement action
Emergency works
692: Exclusion of certain provisions where emergency works or remedial action necessary
1: This section applies to an adverse effect or sudden event described in subsection (2) if the person, authority, network utility operator, or lifeline utility concerned considers the following is affected by or likely to be affected by it:
a: any public work for which any person has financial responsibility:
b: any natural and physical resource or area for which a local authority or consent authority has jurisdiction under this Act:
c: any project or work or network utility operation for which any network utility operator is approved as a requiring authority under section 513(3)
d: any service or system that any lifeline utility operates or provides.
2: The adverse events or sudden events are—
a: an adverse effect on the environment that requires immediate preventive measures:
b: an adverse effect on the environment that requires immediate remedial measures:
c: any sudden event causing or likely to cause loss of life, injury, or serious damage to property.
3: Sections 21 23 to 26
4: In this section and section 695 lifeline utility section 4 1991 No 69 s 330(1), (1A), (5)
693: Defence in case of unforeseen emergency
1: A person who is prosecuted under section 701 sections 21 to 26 sections 703 704
2: No person may be prosecuted for acting in accordance with section 694 1991 No 69 s 18
694: Power to take preventive or remedial action
1: Subsection (2) applies if—
a: a local authority or consent authority has—
i: financial responsibility for any public work; or
ii: jurisdiction under this Act in respect of any natural and physical resource or area; and
b: in the reasonable opinion of that local authority or consent authority, that work, resource, or area is likely to be affected by any of the conditions described in section 692(2)
2: The local authority or consent authority by its employees or agents may, without prior notice, enter any place (including a dwelling house when accompanied by a constable) and may take any action, or direct the occupier to take any action, that is immediately necessary and sufficient to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.
3: Sections 21 23 to 26
4: As soon as practicable after entering any place under this section, a person entering must identify themselves and inform the occupier of the place of the entry and the reasons for it.
5: Nothing in this section authorises any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281 1991 No 69 s 330(2)–(4)
695: Resource consents for emergency works
1: If an activity is undertaken under section 692 694
2: The person (other than the occupier), authority, network utility operator, or lifeline utility who or which undertook the activity must, within 30 working days of the notification under subsection (1), apply in writing to the appropriate consent authority for any necessary resource consents required in respect of the activity (that would breach this Act but for section 692 694
3: Subsection (2) applies only if the adverse effects of the activity continue.
4: In its consideration of retrospective consent applications, the consent authority may direct those who have undertaken the emergency works or activity that requires a consent to remediate any ongoing adverse environmental effects.
5: If the application is made within the time stated in subsection (2), the activity may continue until the application for a resource consent and any appeals have been finally determined. 1991 No 69 s 330A
696: Emergency works under Civil Defence Emergency Management Act 2002
1: If any activity is undertaken by any person exercising emergency powers during a state of emergency declared, or transition period notified, under the Civil Defence Emergency Management Act 2002 sections 21 23 to 26
2: If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must advise the appropriate consent authority, within 7 days, that the activity has been undertaken.
3: The person who authorised the activity must, within 60 working days of the notification under subsection (2), apply in writing to the appropriate consent authority for any necessary resource consents required in respect of the activity (that would breach this Act but for this section).
4: Subsection (3) applies only if the adverse effects of the activity continue.
5: In its consideration of retrospective consent applications, the consent authority may direct those who have undertaken the emergency works or activity that requires a retrospective consent to remediate any ongoing adverse environmental effects.
6: If the application is made within the time stated in subsection (3), the activity may continue until the application for a resource consent and any appeals have been finally determined.
7: A person does not commit an offence under section 701(1)(a) 1991 No 69 s 330B
697: Reimbursement or compensation for emergency works
1: If a local authority or consent authority takes action under section 694(2) section 641(2)
2: If the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 641(1)
3: Subsection (4) applies to—
a: every person having an estate or interest in land that is injuriously affected by the exercise of any power under section 694(2)
b: every other person suffering any damage as a result of the exercise of that power.
4: The person is entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by their duties under the Act.
5: Any compensation under subsection (4) must be claimed and determined in accordance with Part 5 1991 No 69 s 331
698: Protection against imprisonment for dumping and discharge offences involving foreign ships
1: No person may be imprisoned for any offence of contravening or permitting a contravention of section 27 28
a: either—
i: the person intended to commit the offence; or
ii: the offence occurred as a consequence of any reckless act or omission by that person with the knowledge that that act or omission would, or would be likely to, cause a significant or irreversible adverse effect on the coastal marine area; and
b: the commission of the offence has had, or is likely to have, a significant or irreversible adverse effect on the coastal marine area.
2: In this section, foreign ship section 2(1) 1991 No 69 s 339A
699: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
1: The court may order that the amount of an unpaid fine be levied by distress and sale of the ship and its equipment if—
a: the master or owner of a ship is convicted of an offence against section 701 section 27 28 29
b: any fine or other monetary penalty imposed by a court under section 706 717
2: Without limiting subsection (1), subsection (3) applies if any master or owner of a ship—
a: is convicted of an offence against section 701 section 27 28 29
b: fails to pay the full amount of any fine or other monetary penalty imposed by the court under section 706 717
3: The agent of the ship is civilly liable to pay to the Crown or, if the proceedings in relation to the offence were commenced by or on behalf of a local authority, to that local authority, any amount of that fine or monetary penalty that remains unpaid and the Crown or that local authority may recover that amount from that agent as a debt.
4: For the purpose of subsection (2), any proceedings in relation to the offence that were commenced by or on behalf of a local authority include any proceedings in which the EPA was assisting the local authority ( see section 733(b)
5: Every agent of a ship who, under this section, pays the whole or part of any fine or other monetary penalty imposed on the master or owner of the ship is entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money that is or becomes payable by that agent to that master or owner, and any amount so paid by the agent is, for the purposes of section 4(1)(p)
6: The District Court has jurisdiction to hear and determine proceedings for the recovery, in accordance with this section, of any money from any agent, master, or owner of a ship whatever the amount of money involved.
7: This section applies despite any enactment or rule of law. 1991 No 69 s 339C
5: Offences, penalties, and related provisions
Limitation periods
700: Limitation period for offences or civil penalties under this Act
Despite anything to the contrary in section 25
a: an offence against this Act ends on the date that is 2 years after the date on which the contravention giving rise to the charge first became known, or should have become known, to the person on whose behalf the charge was filed:
b: the imposition of a pecuniary penalty, an enforceable undertaking, a monetary benefit order, or an adverse publicity order under this subpart is 6 years after the date on which the contravention giving rise to the liability for the penalty first became known, or should have become known, to the person on whose behalf the penalty was imposed. Offences
701: Offences against this Act
1: A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
a: sections 21 to 26
b: any enforcement order:
c: any condition of a resource consent:
d: any abatement notice, other than a notice under section 649(1)(c)
e: any monetary benefit order made under section 660
f: section 669
g: any adverse publicity order made by a court under section 673
h: any requirement or duty in regulations made under section 796
2: A person commits an offence against this Act if the person contravenes, or permits a contravention of, section 27 29
3: If any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 28
a: if the discharge is from a ship, the master and the owner of the ship:
b: if the discharge is from an offshore installation, the owner of the installation.
4: A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
a: section 726
b: clause 91 119
c: any direction under section 656
d: any abatement notice for unreasonable noise under section 649(1)(c)
e: any order (other than an enforcement order) made by the Environment Court.
5: A person commits an offence against this Act if the person—
a: wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act:
b: without sufficient cause, contravenes, or permits a contravention of, any summons or order to give evidence issued or made under clause 93 clause 71
c: without sufficient cause, contravenes, or permits a contravention of, any provision (as provided in Schedule 11 section 618 1991 No 69 s 338
702: Liability of principal for acts of agents
1: Subsection (2) applies if an offence is committed against this Act by a person ( person A person B
2: Person B is liable for the offence as if person B had personally committed it, if it is proved that person B—
a: authorised or consented to the act constituting the offence; or
b: knew the offence was, or was to be, committed and failed to take all reasonable steps to prevent or stop it.
3: Subsection (2) does not prejudice the liability of person A.
4: If proceedings are brought against person B under subsection (2), person B has a good defence if—
a: person B proves,—
i: in the case of a natural person (including a partner in a firm),—
A: that person B did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
B: that person B took all reasonable steps to prevent the commission of the offence; or
ii: in the case of a person other than a natural person,—
A: that neither the directors (if any) nor any person involved in the management of person B knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
B: that person B took all reasonable steps to prevent the commission of the offence; and
b: person B proves that they took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
5: If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved—
a: that the act or omission that constituted the offence took place with the person’s authority, permission, or consent; and
b: that the person knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 1991 No 69 s 340
703: Strict liability and defences
1: In any prosecution for an offence of contravening or permitting a contravention of any of sections 21 to 26
2: It is a defence to prosecution of the kind referred to in subsection (1) if the defendant proves—
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; 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 was due to 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: Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (2); and
b: specifying the facts that support the defendant’s reliance on subsection (2). 1991 No 69 s 341
704: Liability and defences for discharging harmful substances
1: In any prosecution for an offence against section 701(3) section 28
2: It is a defence to prosecution for an offence against section 701(3)
a: the harmful substance or contaminant or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or
b: the harmful substance or contaminant or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment; and—
i: such damage occurred without the negligence or deliberate act of the defendant; and
ii: as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or contaminant or water or, if any such escape could not be prevented, to minimise any escape. 1991 No 69 s 341B
705: Burden of proving defences
Despite anything to the contrary in the Criminal Procedure Act 2011 section 703 704 Penalties
706: Penalties
1: A person who commits an offence against section 701(1), (2), or (3)
a: in the case of a natural person, to imprisonment for a term not exceeding 18 months or a fine not exceeding $1,000,000:
b: in the case of a person other than a natural person, to a fine not exceeding $10,000,000.
2: A person who commits an offence against section 701(1), (2), or (3)
a: in the case of an individual, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues:
b: in any other case, to a fine not exceeding $50,000 for every day or part of a day during which the offence continues.
3: A person who commits an offence against section 701(4)
4: A person who commits an offence against section 701(5)
5: A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2
6: If a person is convicted of an offence against section 701
a: the orders specified in section 641
b: an order requiring a consent authority to serve notice, under section 337
7: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is to be treated as a continuing offence. 1991 No 69 s 339
707: Fines to be paid to NBE regulator instituting prosecution
1: If a person is convicted of an offence under section 701
2: There must be deducted from every amount payable to a regulator under subsection (1) a sum equal to 10% of that amount, and that sum must be credited to a Crown Bank Account.
3: Despite anything in subsection (2), if any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a regulator under subsection (1), no deduction may be made under subsection (2) in respect of that money.
4: Subject to subsection (2), an order of the court made under subsection (1) is sufficient authority for the Registrar receiving the fine to pay that fine to the regulator entitled to it under the order.
5: Nothing in section 73 1991 No 69 s 342
708: Insurance against fines unlawful
1: To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine, infringement fee, or pecuniary penalty under this Act,—
a: the policy or contract is of no effect; and
b: no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under sections 75 to 82
2: A person must not—
a: enter into, or offer to enter into, a policy or contract described in subsection (1); or
b: indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine, infringement fee, or pecuniary penalty under this Act; or
c: be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine, infringement fee, or pecuniary penalty under this Act; or
d: pay to another person, or receive from another person, an indemnity for a fine, infringement fee, or pecuniary penalty under this Act.
3: Nothing in this section prevents parties to a contract or arrangement from apportioning their liability in relation to an activity by means of indemnities or otherwise, as long as the apportionment of liability is not in respect of liability to pay a fine, infringement fee, or pecuniary penalty under this Act.
4: The prohibition in this section against insurance does not apply to legal costs or remediation work connected with an activity under this Act. 2015 No 70 s 29 Infringement offences
709: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 711
2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a)
3: See section 21
4: However, despite section 21(8)(d) section 700 1991 No 69 s 343B
710: Who may issue infringement notices
An enforcement officer may issue infringement notices under this Act. 1991 No 69 s 343C(1)
711: When infringement notice may be issued
An enforcement officer may issue an infringement notice to a person if the enforcement officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence. 1991 No 69 s 343C(1)
712: Revocation of infringement notice before payment made
1: The enforcement officer may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The enforcement officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 709(1)(a) or (b)
713: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 776
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the NBE regulator:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in regulations made under section 776 1991 No 69 s 343C(3)
714: How infringement notice may be served
1: An infringement notice may be served on the person who the enforcement officer believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of working or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the enforcement authority. 1991 No 69 s 343C(2)
715: Payment of infringement fees
1: A local authority is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that authority.
2: However, any infringement fee relating to an infringement notice issued by an enforcement officer appointed by the EPA must be paid into a Crown Bank Account. 1991 No 69 s 343D
716: Reminder notices
A reminder notice must be in the form prescribed in regulations made under section 776 1991 No 69 s 343C(4) Pecuniary penalties
717: Pecuniary penalty order
1: The Environment Court, on application by an NBE regulator, may order a person to pay a pecuniary penalty to the Crown or any other person specified by the court if the court is satisfied that the person has contravened or permitted a contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
2: The court must not make the order if the person satisfies the court—
a: that—
i: the contravention was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on human health or a natural and physical resource; and
ii: the person's conduct was reasonable in all the circumstances; and
iii: the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the contravention after it occurred; or
b: that the action or event to which the contravention relates was due to an event beyond the person’s control, 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 person; and
ii: the effects of the action or event were adequately mitigated or remedied by the person after it occurred; or
c: that the person did not know, and could not reasonably have known, of the contravention.
3: The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.
4: The regulator may apply for an order of the court to obtain discovery and administer interrogatories. 1993 No 95 s 154H
718: Liability of principals and employers
1: Subsections (2) and (3) apply if the person who is liable under section 717 person A person B
2: Person B is liable under section 717
a: that the act or omission that constituted the non-compliance took place with their authority, permission, or consent; or
b: that they knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.
3: The liability described in subsection (2) does not affect the liability described in subsection (1).
4: If the Environment Court makes an order under section 717
a: that the act or omission that constituted the non-compliance took place with the director or person's authority, permission, or consent; or
b: that the director or person knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it. 1993 No 95 s 154I
719: Amount
1: In determining the appropriate amount of a pecuniary penalty under section 717
a: the nature and extent of the contravention:
b: the nature and extent of loss or damage caused to a person, human health, the natural environment, and natural and physical resources as a result of the contravention:
c: the circumstances in which the contravention took place:
d: whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct:
e: the steps taken by the person to bring the contravention to the attention of the appropriate authority:
f: the steps taken by the person to avoid, minimise, or remedy the effects of the contravention.
2: Subsections (3) to (7) state the limits on the amounts of pecuniary penalty that the court may order.
3: For a natural person, the limit is $1,000,000.
4: For a body corporate,—
a: subsection (5) states the limit that applies if—
i: the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
ii: the commercial gain can be readily ascertained:
b: subsection (6) states the limit that applies if—
i: the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
ii: the commercial gain cannot be readily ascertained:
c: subsection (7) states the limit that applies if the court is not satisfied that the contravention occurred in the course of producing a commercial gain.
5: For the purposes of subsection (4)(a), the limit is the greater of—
a: $10,000,000; and
b: 3 times the value of the commercial gain resulting from the contravention.
6: For the purposes of subsection (4)(b), the limit is the greater of—
a: $10,000,000; and
b: 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) ( interconnected turnover Commerce Act 1986
7: For the purposes of subsection (4)(c), the limit is $10,000,000. 1993 No 95 s 154J
720: Other orders instead of or in addition to pecuniary penalty order
The Environment Court may, instead of or in addition to making a pecuniary penalty order, make—
a: an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that are caused by or on behalf of the person:
b: an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that relate to land owned or occupied by the person:
c: an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b). 1993 No 95 s 154K
721: Person not liable for fine and pecuniary penalty for same conduct
A person must not, for the same conduct,—
a: be convicted of an offence under this Act; and
b: be ordered to pay a pecuniary penalty under this Act. 2021 No 13 s 139 Cost recovery under this Part
722: Cost recovery
1: An NBE regulator may require a person to pay any reasonable costs incurred by the regulator in, or incidental to, taking any action in connection with monitoring or enforcing the person’s compliance with this Act.
2: The costs that are recoverable under subsection (1) include (without limitation) the costs of or incidental to action taken by the NBE regulator in respect of—
a: any enforcement action referred to in subsection (3):
b: any investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, minimise, or remedy the adverse effect:
c: any consent and permitted activity monitoring and taking related enforcement action, including any investigations or monitoring related to that enforcement action:
d: a statutory notice:
e: an enforcement order:
f: an abatement notice:
g: a monetary benefit order made under section 660
h: an enforceable undertaking under section 665
i: an adverse publicity order made by a court under section 673
j: a prosecution for a breach of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
k: any prescribed action.
3: In subsection (2)(a), enforcement action
a: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
i: a contravention of a provision of this Act, a rule in a plan, a rule in a proposed plan that has legal effect, a resource consent, or any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
ii: a failure to comply with a requirement of a statutory notice, an enforcement order, or an abatement notice; or
b: an application for an enforcement order under section 641
c: an application for an interim enforcement order under section 647
d: the service of an abatement notice under section 649
e: an application for a monetary benefit order made under section 660
f: accepting an enforceable undertaking under section 665
g: an application to a court for an adverse publicity order under section 673
h: the filing of a charging document relating to an offence described in section 701
i: the issuing of an infringement notice under section 711
j: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (i).
4: For the purposes of subsection (1), reasonable costs
5: An NBE regulator may recover the costs in any court of competent jurisdiction as a debt due to the regulator.
6: A person required to pay costs under this section may appeal against the requirement to the Environment Court or the District Court, and the court may confirm, modify, or revoke the requirement to pay costs as it thinks fit. 1991 No 69 s 42CA
6: Provisions relating to monitoring, etc
723: NBE regulators to publish information about their functions, duties, and powers
NBE regulators must publish on an Internet site maintained by or on their behalf that is accessible to the public free of charge—
a: information about their functions, duties, and powers; and
b: a register of all their enforcement activities that result in a conviction or court order; and
c: all decisions to accept enforceable undertakings, including the content of each enforceable undertaking and a summary of the reasons for the decision to accept it.
724: Functions, duties, and powers of Ministry
The chief executive must ensure that the Ministry prepares and issues guidance to assist NBE regulators in the exercise of their enforcement functions, duties, and powers under this Act. Enforcement and other powers
725: Authorisation and responsibilities of enforcement officers
1: A local authority may authorise any of the following persons to carry out all or any of the functions and powers as an enforcement officer under this Act:
a: any of its officers:
b: any of the officers of any other local authority, or of the Ministry for Primary Industries, or the Department of Conservation, or Maritime New Zealand, subject to such terms and conditions as to payment of salary and expenses and as to appointment of their duties as may be agreed upon between the relevant authorities.
2: A local authority may authorise any of the followings persons to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 656 657
a: the holder of a licence as a property guard issued under section 34
b: a person who is employed by a person authorised under paragraph (a) and who is—
i: the holder of a certificate of approval issued under section 40
ii: a person in respect of whom permission granted under section 37
3: The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to—
a: compliance with a resource consent issued by that Minister under section 55
b: the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island.
4: Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses, and as to appointment of their duties, as may be agreed between the Minister and the local authority.
5: The local authority or Minister must supply every enforcement officer authorised under this section with a warrant, and that warrant must clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.
6: Every enforcement officer authorised under this section who exercises or purports to exercise any power conferred on the person by this Act must have with them, and produce if required to do so, their warrant and evidence of their identity.
7: Every enforcement officer who holds a warrant issued under this section must, on the termination of their appointment as such, surrender the warrant to the local authority or Minister, as the case may be. 1991 No 69 s 38
726: Duty to give certain information
1: This section applies if an enforcement officer has reasonable grounds to believe that a person ( person A section 150 151(c)
2: The enforcement officer may direct person A to give—
a: their full name, address, and date of birth (if that person is a natural person); or
b: their full name and address (if that person is not a natural person).
3: If person A is breaching, or has breached, the obligation or provision on behalf of another person ( person B
a: their full name, address, and date of birth (if that person is a natural person); or
b: their full name and address (if that person is not a natural person).
4: In the situation described in subsection (3), the enforcement officer may also direct person B give the officer the following information about person A:
a: their full name, address, and date of birth (if that person is a natural person); or
b: their full name and address (if that person is not a natural person). Powers of entry and search
727: Power of entry for inspection
1: Any enforcement officer, specifically authorised in writing by an NBE regulator to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwelling house or marae, for the purpose of inspection to determine whether—
a: this Act, any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c) section 30 section 32 section 34
b: an enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or
c: any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 21 23(4) 25(1) 26
2: For the purposes of subsection (1), an enforcement officer may take samples of water, air, soil, or organic matter.
3: If a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.
4: Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
5: If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave, in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
6: An enforcement officer may not enter land without the permission of the landowner if permission to enter the land is required by any other Act.
7: An enforcement officer exercising any power under this section may use any assistance that is reasonably necessary. 1991 No 69 s 332
728: Power of entry for survey
1: For the purposes of this Act, any enforcement officer specifically authorised in writing by any local authority or consent authority to do so may do all or any of the following:
a: carry out surveys, investigations, tests, or measurements:
b: take samples of any water, air, soil, or vegetation:
c: enter or re-enter land (except a dwelling house or marae).
2: The powers conferred by subsection (1) are exercisable at any reasonable time, with or without such assistance (including expert or technical assistance on the matter concerned), vehicles, appliances, machinery, and equipment as is reasonably necessary for that purpose.
3: Reasonable written notice must be given to the occupier of land to be entered under subsection (1)—
a: that entry on to the land is authorised under this section:
b: of the purpose for which entry is required:
c: of how and when entry is to be made.
4: Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request. 1991 No 69 s 333
729: Application for warrant for entry for search
An issuing officer (within the meaning of section 3 subpart 3
a: in respect of which an offence has been or is suspected of having been committed against this Act or regulations made under this Act that is punishable by imprisonment; or
b: that there is reasonable ground to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
c: anything that there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment. 1991 No 69 s 334(1)
730: Application of Search and Surveillance Act 2012
1: The provisions of Part 4 section 729
2: Despite subsection (1), sections 118 119 1991 No 69 s 334(2), (3)
731: Direction and execution of warrant for entry for search
Every warrant under section 729
a: any specified constable; or
b: any specified enforcement officer when accompanied by a constable; or
c: generally, every constable; or
d: generally, every enforcement officer when accompanied by a constable. 1991 No 69 s 335
7: Enforcement functions of EPA
732: Interpretation
1: In this Part,— enforcement action
a: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
i: a contravention of a provision of this Act, a rule in a plan, a rule in a proposed plan that has legal effect, a resource consent or any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
ii: a failure to comply with a requirement of an enforcement order or abatement notice; or
b: an application for an enforcement order under section 643
c: an application for an interim enforcement order under section 647
d: the service of an abatement notice under section 649
e: the filing of a charging document relating to an offence described in section 701
f: the issuing of an infringement notice under section 711
g: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f) enforcement function section 733 incident
a: a contravention or possible contravention of a provision of this Act, a rule in a plan, a resource consent, or any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c)
b: a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice subsequent action
a: means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
b: includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).
2: In paragraph (a) of the definition of enforcement action in subsection (1), other activity section 638
3: In this Part, an enforcement action is executed 1991 No 69 s 343E
733: Enforcement functions of EPA
The EPA may perform any of the following enforcement functions if satisfied that the performance of the function is necessary or desirable to promote the purpose of this Act:
a: the EPA may take an enforcement action and any subsequent action in relation to an incident if the local authority has not commenced taking any enforcement action in relation to the same incident:
b: the EPA may, with the agreement of a local authority, assist the local authority with an enforcement action in relation to an incident and any subsequent action:
c: the EPA may intervene in an enforcement action of a local authority in relation to an incident by taking over the enforcement action and taking any subsequent action:
d: the EPA may take enforcement action against a regional council in relation to an alleged breach of this Act by the council. 1991 No 69 s 343F
734: Intervention by EPA
1: If the EPA intervenes in an enforcement action of a local authority in relation to an incident,—
a: the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and
b: the local authority must,—
i: on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 732(1)
ii: from the date specified in the notice, cease all enforcement action in relation to the incident; and
c: the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
d: only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.
2: When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person.
3: If the EPA decides to cease its intervention,—
a: it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
b: it must specify in the notice the date on which the intervention will cease; and
c: the local authority may, from the date referred to in paragraph (b),—
i: take an enforcement action or subsequent action in relation to the incident; or
ii: resume any enforcement action that it had commenced before the intervention.
4: To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person. 1991 No 69 s 343G
735: EPA may change enforcement functions
1: The EPA may change its enforcement function in relation to an incident to another function described in section 733
2: If the EPA decides to change to an intervention function described in section 733(c) section 734(1) 1991 No 69 s 343H
736: EPA enforcement officers
1: The EPA may authorise a person described in subsection (2) to be an enforcement officer for the purpose of carrying out its enforcement functions under this Act.
2: A person may be authorised as an enforcement officer if the person—
a: has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to the person; or
b: is an employee of the EPA who is suitably qualified and trained.
3: The EPA must supply each enforcement officer with a warrant that—
a: states the full name of the person; and
b: includes a summary of the powers conferred on the person under this Act.
4: An enforcement officer may exercise the powers under this Act, in accordance with their warrant, only for the purposes for which they were appointed.
5: An enforcement officer exercising a power under this Act must have with them, and must produce if required to do so, their warrant and evidence of their identity.
6: An enforcement officer who holds a warrant issued under this section must, on the termination of the officer’s appointment, surrender the warrant to the EPA. 1991 No 69 s 343I
737: EPA may require information from local authority
1: The EPA may require a local authority to provide information that the EPA requires for taking an enforcement action in relation to an incident.
2: The EPA must notify the chief executive of the local authority in writing and specify the incident for which information is required.
3: A local authority must provide the required information to the EPA as soon as is reasonably practicable, but no later than 10 working days after the chief executive is notified. 1991 No 69 s 343J
738: Additional reporting requirements
1: The annual report of the EPA under section 150
2: The EPA is not required to provide information under subsection (1) that would prejudice the maintenance of law, including the prevention, investigation, or detection of offences, or the right to a fair trial. 1991 No 69 s 343K
739: Order for payment of EPA’s costs in bringing a prosecution
1: On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs).
2: If the court makes an order under subsection (1), it must not make an order under section 4
3: If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation. 1991 No 69 s 343L
12: General provisions
Environment Court
740: Provisions relating to Environment Court
Schedule 13 Application of Act to courts performing relevant judicial functions
741: Application of certain provisions of this Act to courts
1: To avoid doubt, references in sections 5 8 to 10
2: However, before a court exercises a power, function, or duty under this Act of a kind that may be exercised by a person other than a court, the court must be satisfied that sections 5 8 to 10
3: In this section, court Service of documents
742: Service of documents
1: A notice or any other document required or authorised to be served on or given to a person for the purposes of this Act may be served or given by—
a: delivering it to the person; or
b: leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any notice, application, or other document given under this Act; or
c: sending it by post to the person’s usual or last known place of residence or business or to the address specified by the person in any notice, application, or other document given under this Act; or
d: emailing it to the person at an email address that is used by the person; or
e: complying with a means of service prescribed in regulations made under section 801
2: Subsection (1) does not—
a: apply if a court, whether expressly or in its rules or practices, requires a different method of service; or
b: override the Electronic Courts and Tribunals Act 2016
3: If a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service in accordance with subsection (1) is to be treated as service on the Minister.
4: If a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) is to be treated as service on the body.
5: If a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (4) is to be treated as service on the partnership.
6: However, in relation to any partnership that is a firm under the Partnership Law Act 2019 section 30
7: Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—
a: by delivering it at the organisation's head office or principal place of business; or
b: by sending it to the electronic address that the organisation has specified for its head office or principal place of business; or
c: by a method agreed between the organisation and the person serving the notice or document.
8: If a notice or other document is sent by post to a person in accordance with this section, it is to be treated, in the absence of proof to the contrary, as having been received by the person at the time when the letter would have been delivered in the ordinary course of the post. 1986 No 5 s 102(1) 1991 No 69 s 352
743: Mode of service of summons on master or owner of ship
1: If the master or owner of a ship is a defendant in a prosecution for an offence against section 701 section 27 28 29 Criminal Procedure Act 2011
a: if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
b: if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or the agent's place of business.
2: Subsection (1) applies despite any other enactment.
3: However, a District Court Judge or Justice or Community Magistrate or the Registrar may direct that the summons or other document be served on the defendant in accordance with rules made under the Criminal Procedure Act 2011
4: Unless the contrary is shown, the time at which service is treated as having been effected on the defendant is,—
a: for service effected in accordance with subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent's attention, as the case may be; or
b: for service effected in accordance with subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post.
5: In this section,— District Court Judge District Court Act 2016 Justice section 2 Registrar section 5 1991 No 69 s 352A
744: Notices and consents in relation to Māori land
Part 10 section 181(4) 1991 No 69 s 353
745: Availability of documents by electronic and other means
1: In this section, document
a: information of any kind; and
b: public notices of any kind; and
c: reports and evidence of any kind; and
d: policy statements and plans of any kind, together with any changes or variations of those documents.
2: This section applies if a document must be made available to the public, for inspection in physical form by members of the public, a class of members of the public, or a person or class of persons, at a specified place such as council offices or a library.
3: The requirement described in subsection (1) is met if the person responsible for making the document available—
a: makes it available in electronic form free of charge on an Internet site; and
b: provides advice on how the document may be obtained or accessed.
4: The person responsible for making a document available may also—
a: make it available in physical form for inspection; and
b: upon request, make a physical copy of the document available at a reasonable cost. 1991 No 69 s 2AC Existing rights
746: Crown's existing rights to resources to continue
1: This section applies to the rights, interests, and titles to any land or water acquired, accrued, or established by, or vested in, the Crown that were continued by section 354
2: Those rights, interests, and titles are continued in effect on the same terms by this section.
3: Any person may take, use, dam, or divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150 151(c), 151(d), 151(e), 151(f), or 151(g)
4: Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under—
a: this Act; or
b: any other enactment; or
c: any instrument or order made under an enactment. 1991 No 69 s 354
747: Vesting of reclaimed land
1: Any person may apply to the Minister for Land Information for any right, title, or interest in any land to be vested in that person, if the land—
a: forms part of a riverbed or lakebed that is land of the Crown; and
b: has been reclaimed or is proposed to be reclaimed.
2: The Minister for Land Information may, if they think fit, by notice in the Gazette
a: determining an appropriate price (if any) to be paid by the applicant; and
b: ensuring that the consent authority has issued a certificate under section 605
3: Every Gazette
a: state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and
b: describe the right, title, or interest vested; and
c: refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and
d: be sent by the relevant Minister to the Registrar-General of Land, with a request that a record of title be issued accordingly; and
e: be registered, without fee, by the Registrar-General of Land as soon as practicable after receipt from the Minister.
4: The Registrar-General of Land must, in accordance with a request made under subsection (3)(d), issue an appropriate record of title in respect of the right, title, or interest in the land vested by the Gazette
5: For the purposes of this section, references to land that forms part of a riverbed or lakebed include land that was part of that bed before it was reclaimed. 1991 No 69 s 355
748: Application for consent to unlawful reclamation
1: If land has at any time (whether before or after the commencement of this Act) been reclaimed from the coastal marine area unlawfully, any person may apply under section 239
2: The provisions of Part 6 1991 No 69 s 355A
749: Enforcement powers against unlawful reclamations
1: If, since the commencement of this Act, any land has been unlawfully reclaimed from the coastal marine area, the powers of the Minister of Conservation, a regional council, and the EPA under Part 11
2: If any land has been unlawfully reclaimed from the coastal marine area before the commencement of this Act, the Minister of Conservation, a regional council, or the EPA may seek an enforcement order against the person who reclaimed the land, or the occupier of the reclaimed land, requiring that person to take any action that, in the opinion of the Environment Court, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on the environment caused by the carrying out of the reclamation or by the reclaimed land, and, in that case, Part 11
3: Whether or not an enforcement order has been sought or granted under subsection (2), the Minister of Conservation, a regional council, and the EPA, either jointly or severally, may take any necessary action to remove the unlawfully reclaimed land from the coastal marine area.
4: To avoid doubt, any action taken under subsection (3) to remove any reclaimed land requires a resource consent unless expressly allowed by a plan rule or proposed plan. 1991 No 69 s 355B Protection of rights or interests in freshwater and geothermal resources
750: Rights or interests in freshwater and geothermal resources preserved
Purpose
1: The purpose of this section is to achieve both of the following outcomes:
a: any rights or interests in freshwater or geothermal resources are preserved, consistent with assurances given by the Crown to the High Court in 2012, and recorded in New Zealand Māori Council v Attorney-General
b: this Act, and duties, functions, and powers under this Act, operate effectively. Act does not create, transfer, extinguish, or determine rights or interests
2: This Act, and legislation made under it, does not—
a: create or transfer any proprietary right or interest in freshwater or geothermal resources:
b: extinguish or determine any customary right or interest (for example, one founded on, or arising from, aboriginal title or customary law) that may exist in freshwater or geothermal resources. Nothing in section affects duties, functions, and powers under Act
3: Nothing in this section affects, or affects the lawfulness or validity of the performance or exercise by any person of, any duty, function, or power under this Act. 2010 No 24 s 90(1)(a) 2014 No 74 s 15(5)(a) 2017 No 7 s 46(1), (2)(b) Arbitration
751: Matters may be determined by arbitration
1: Two or more persons may apply to the Environment Court for an order authorising a matter to be determined by arbitration, under the Arbitration Act 1996
a: those persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and
b: every person who has that right of appeal agrees to the application being made.
2: However, no person may apply to the Environment Court for an order under subsection (1) in relation to any of the following matters:
a: any matter relating to a requirement, designation, or heritage protection order:
b: the strategic content of a plan or any matter that relates to the coastal marine area.
3: If an order under subsection (1) is made, no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal without the leave of the court.
4: Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision, and may, in their award, confirm, amend, or cancel the decision accordingly.
5: Except as otherwise expressly provided, nothing in this section limits the right of any persons to refer to arbitration any disputed matter arising under this Act. 1991 No 69 s 356 Obligations relating to gathering and sharing information
752: Duty to gather information and keep records
1: Every local authority must—
a: gather the information, and undertake or commission research, as necessary to enable the local authority to carry out its functions effectively under this Act; and
b: keep the information described in subsection (2), to the extent that it relates to the region or district of the authority, reasonably available to the public at its principal office and, where possible, available free of charge on an Internet site.
2: Subsection (1) requires information relevant to the administration of—
a: the national planning framework; and
b: operative and proposed plans; and
c: the monitoring of resource consents; and
d: the current resource management issues of the area relating to a function of a local authority and any matters for which local authorities are responsible under this Act.
3: The purpose of the requirement under subsection (1) is to enable the public—
a: to exercise their right to access the information; and
b: to be better informed of their duties and of the functions, powers, and duties of the local authority; and
c: to participate effectively under this Act.
4: In particular, local authorities must keep information that includes—
a: copies of the operative and any proposed plan, and any national planning framework proposals; and
b: copies of requirements for designations and heritage protection orders; and
c: copies of material incorporated in plans or proposed plans by reference under this Act; and
d: submissions made by the local authority on plans not yet operative; and
e: in the case of a regional council, copies of any Order in Council served on the council under section 499(a)
f: records of all applications for resource consents, certificates of compliance, existing use certificates, and permitted action notices received by the local authority and decisions on those applications; and
g: records of all decisions made in relation to waivers, extension of time, and notification; and
h: records of the transfer of any resource consents; and
i: a summary of all written complaints received by the local authority within the previous 5 years relating to alleged breaches of this Act, the national planning framework, or a plan, and information on how each complaint was dealt with; and
j: records of all natural hazards, to the extent that the local authority thinks appropriate for the effective discharge of its functions; and
k: in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and in the district; and
l: in the case of a regional council (including the Chatham Islands Council), records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and
m: any other information gathered under subsection (1). 1991 No 69 s 35(1), (3), (4), (5)
753: Regional councils must share records of protected customary rights with regional planning committee
A regional council must, in accordance with regulations made under section 801
754: Local authority Māori participation policies
1: Each local authority must develop a policy relating to Māori participation in the functions, duties, and powers exercised by the local authority under this Act and under the Spatial Planning Act 2023 local authority Māori participation policy
2: A local authority Māori participation policy must be developed in collaboration with iwi authorities, groups that represent hapū, and Māori groups with interests in their region or district.
3: A local authority Māori participation policy must include—
a: the priorities of Māori within the relevant area to participate in the exercise of the functions, duties, and powers exercised by the local authority, as provided to the local authority by iwi authorities and groups that represent hapū; and
b: how the local authority will work with Māori on each of the priority areas; and
c: a budget for the reasonable costs for iwi, hapū, and Māori groups with interests in the region or district to participate in the priority roles and activities included in the participation policy, taking into account the timeliness, adequacy, and spread of funding amongst the groups, within the constraints of available funding; and
d: any other matters that, by agreement of the council, iwi, hapū, and Māori groups with interests in the region or district are considered necessary.
4: A local authority Māori participation policy must be consistent with any applicable Mana Whakahono ā Rohe entered into by the local authority.
755: Duty to keep records relating to iwi, hapū, and Māori groups
1: For the purposes of this Act and regulations made under this Act, each local authority must keep and maintain the following records for the iwi authorities, groups that represent hapū, and Māori groups with interests in their region or district:
a: the contact details for each of them; and
b: the engagement undertaken with them; and
c: the planning documents that are recognised by them and lodged with the local authority; and
d: any area of the region or district over which 1 or more iwi or hapū exercise kaitiakitanga; and
e: any Mana Whakahono ā Rohe applying within the region or district entered into under subpart 6
2: For the purposes of subsection (1)(a) and (d), the Crown must maintain and provide to each local authority information (including updated information) on—
a: the iwi authorities in the region or district of that local authority and the area over which 1 or more iwi authorities exercise kaitiakitanga within that region or district; and
b: any groups that represent hapū for the purposes of this Act or regulations within the region or district of the local authority and the area over which the hapū exercise kaitiakitanga; and
c: the Māori groups with interests in their region or district for the purposes of this Act or the regulations; and
d: the matters referred to in paragraphs (a), (b), and (c) that the local authority has advised to the Crown.
3: The Minister must ensure that the information kept under subsection (2) is published in the Gazette
4: Local authorities must—
a: include in their records all the information provided to them by the Crown; and
b: share with the Crown the information maintained under subsection (1).
5: A local authority may also keep a record of information relevant to its region or district—
a: on the iwi of that region or district, as provided directly to the local authority by the iwi; and
b: on the hapū of that region or district, as provided directly to the local authority by the group representing the hapū for the purposes of this Act; and
c: on the Māori groups with interests who hold resource management interests in that region, as directly provided to the local authority by those Māori groups.
6: If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—
a: the provision of the other enactment prevails; or
b: the advice given under the other enactment prevails; or
c: the determination made under the other enactment prevails.
7: Information kept and maintained under this section must be provided in accordance with any prescribed requirements. 1991 No 69 s 35A
756: Purpose of records
1: Subject to section 755(7) section 755
2: The records referred to in subsection (1) are intended to support local authorities and those who need to operate within this Act and the Spatial Planning Act 2023
3: However, the records are not intended to determine, presume, or imply the mana whenua status of any person or group or that any group has a mandate to represent any iwi, hapū, or Māori group with interests.
4: Information kept and maintained under section 755
5: Local authorities and others who are required under this Act or the Spatial Planning Act 2023 section 755(2) How administrative charges to be set
757: Administrative charges and additional charges
Administrative charges
1: A local authority must fix fees or charges ( administrative charges
a: receiving, processing, and granting any certificate, authority, approval, permit, or consent:
b: carrying out any inspection, monitoring (other than monitoring referred to in section 722
c: issuing permitted activity notices under section 362
d: processing notices of requirement and construction implementation plans:
e: processing objections under section 766(1)
f: the hearing of objections by commissioners under sections 481 766(1)
g: the functions undertaken by a regional council under section 393
h: granting authorisations under Part 6
i: supplying documents:
j: any other function that the local authority is required to perform.
2: In the case of private plan changes under Part 2
a: local authorities must fix fees or charges in respect of their functions relating to processing private plan change requests; and
b: regional planning committees must fix fees or charges in respect of processing private plan change requests that have been accepted.
3: Administrative charges are payable by—
a: a person applying for the certificate, authority, approval, permit, or consent:
b: a submitter who makes a request to the local authority in relation to an application for a certificate, authority, approval, permit, or consent:
c: a holder of a consent that is reviewed:
d: a freshwater farm operator in respect of whom functions are performed:
e: an objector, if the objection is to be considered by a hearings commissioner under section 766(1)
f: a person carrying out the activity to which the inspection, monitoring, or other function relates:
g: a person who requests a document or information about a plan, certificate, authority, approval, permit, or consent:
h: any other person in respect of whom the function is performed.
4: Administrative charges must be either specific amounts or determined by reference to scales of charges or other formulas fixed by the local authority or regional planning committee.
5: Administrative charges may be fixed under this section only—
a: in the manner set out in section 150
b: after using the special consultative procedure set out in section 83
c: in accordance with section 758
6: A local authority must fix an administrative charge if required to do so by regulations made under section 797 Additional charges
7: Except where regulations are made under section 797 additional charge
8: A local authority or regional planning committee must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed.
9: Sections 764 to 771 1991 No 69 s 36
758: Criteria for fixing administrative charges
1: The sole purpose of a charge is to recover the actual and reasonable costs incurred by the local authority or regional planning committee in respect of the activity to which the charge relates.
2: The local authority or regional planning committee may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—
a: in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or
b: where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority or regional planning committee of carrying out any of its functions, powers, and duties. 1991 No 69 s 36AAA
759: Other matters relating to administrative charges
1: A local authority or regional planning committee may, in any particular case, remit the whole or any part of an administrative charge or additional charge that would otherwise be payable if—
a: it is administratively inefficient to allocate and recover costs from users; or
b: charging full cost may lead to an activity being undertaken at a scale that would undermine achievement of plan outcomes or not being undertaken; or
c: charging may provide an incentive for non-compliance.
2: The local authority or regional planning committee need not perform an action for which the charge is payable until the charge has been paid to it in full.
3: However, subsection (2) does not apply to a charge relating to independent hearings commissioners requested by submitters or reviews required by a court order.
4: A local authority or regional planning committee must publish and maintain, on an Internet site to which the public has free access, an up-to-date list of administrative charges. 1991 No 69 s 36AAB
760: Local authority policy on discounting administrative charges
1: A local authority or regional planning committee must adopt a policy for discounting administrative charges.
2: A local authority must adopt a policy in accordance with the special consultative procedure set out in section 83
a: when local authorities are responsible for applications for a resource consent and do not process an application within the time frame required under this Act:
b: for applications to change or cancel conditions under section 334
c: for applications made under an allocation rule that has been included in a plan under section 446
3: The policy must specify—
a: the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and
b: the procedure an applicant must follow to obtain the discount.
4: The policy is subject to any regulations under section 797 1991 No 69 s 36AA
761: Money obtained through market-based allocation method
Any money that is obtained through the use of a market-based allocation method to determine the allocation of a right to apply for a resource consent—
a: may be collected by a local authority; but
b: must be spent by a local authority only in accordance with regulations made under section 763
762: How money collected from market-based allocation methods must be applied
1: Money that is collected under section 761 section 763
a: restoration of ecosystems:
b: improving resilience to the effects of climate change or natural hazard events:
c: reducing the environmental impact of the use of resources:
d: improving public amenities relating to resources:
e: managing resources:
f: increasing the capability and capacity of Māori, iwi and hapū, and local government:
g: providing solutions (including research and development) to—
i: manage increased demand for resources; and
ii: enable more equitable and efficient use of resources:
h: addressing Māori rights and interests.
2: In this section, resources section 194
763: Regulations relating to market-based allocation method
1: The Governor-General may, by Order in Council, make regulations relating to—
a: the use of market-based allocation method under the national planning framework or a plan; and
b: the collection and spending of money from their use.
2: The regulations may—
a: state the proportion of the money for which—
i: the Secretary for the Environment is responsible for administering; and
ii: the regional councils are responsible for administering; and
iii: unitary authorities are responsible for administering; and
b: require regional councils and unitary authorities to pay all or part of the money to the Crown; and
c: provide criteria or procedures that apply to how the money is to be used for the purposes specified in section 762
i: providing for the involvement of iwi and hapū in decision making about the use of the money; and
ii: specifying the proportion of the money to be returned to regional councils and unitary authorities to be used for a purpose specified in section 762
d: impose requirements (including any requirements as to payment) that apply to those who use or participate in a market-based allocation method under the national planning framework or a plan; and
e: require rebates of payments in specified circumstances; and
f: prescribe interest on any amount for which interest is required to be paid.
3: In this section, money
a: means money collected from the use of a market-based allocation method that is required or permitted under the national planning framework or required under a plan; and
b: includes money that is collected through the imposition of interest by regulations made under this section.
4: Regulations made under this section are 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Rights of objection
764: Rights of objection against certain decisions
Rights of objection conferred by this Act are listed in the following table: The following table is small in size and has 3 columns. Column 1 is headed Provision conferring right. Column 2 is headed Decision subject to objection. Column 3 is headed Who hears objection. Provision conferring right Decision subject to objection Who hears objection Section 31(2) Territorial authority declines application for extension of existing use Territorial authority Clause 90 Authority strikes out person’s submission Authority conducting hearing on matter described in clause 78 Section 240(1) Consent authority decides person’s application incomplete Consent authority Section 244(2) 247(2) Consent authority returns person's application Consent authority Section 276(8) Board of inquiry exercising powers of consent authority declines to process or consider person’s application or submission Board of inquiry Section 357 EPA declines person’s request for certificate of compliance EPA Section 537(4) Regional planning committee declines requiring authority’s notice to remove part of designation Regional planning committee Section 538 Regional planning committee declines requiring authority’s application to fix longer period for designation Regional planning committee Section 549(4) to (2) Regional planning committee declines requiring authority’s or heritage protection authority’s request for requirement to be decided by Environment Court Regional planning committee 1991 No 69 s 357
765: Right of objection to consent authority against certain decisions or requirements
1: A person has a right of objection to a consent authority—
a: against its decision on an application by the person under—
i: section 328(2)
ii: section 332(2)(b)
iii: section 333(2)(b)
iv: section 353
v: section 358
b: against its decision to decline to process or to consider an application or a submission made by the person, as provided for by section 276(8)
c: against its decision under section 234 section 232
d: against its decision on the person’s application or review described in subsections (2) to (6), if the person is an applicant or consent holder, and—
i: the application or review was notified; and
ii: either no submissions were received or any submissions received were withdrawn:
e: against its decision on the person’s application or review described in subsections (2) to (6), if the person is an applicant or consent holder, and the application or review was not notified:
f: against its decision under section 348 sections 345 to 347
2: Subsection (1)(d) and (e)—
a: applies to an application made under section 239
b: applies if an officer of the consent authority exercising delegated authority under section 62 sections 287 288
c: does not apply if the consent authority declines the resource consent under sections 287 288
3: Subsection (1)(d) and (e) applies to an application made under section 334
4: Subsection (1)(d) and (e) applies to a determination by a consent authority under section 336 section 336(3)
5: Subsection (1)(d) and (e) applies to a review of the conditions of a resource consent under section 337 to 341
6: Subsection (1)(d) and (e) applies to an application made under section 634 1991 No 69 s 357A
766: Objection under section 765(1)(d) or (e) may be considered by hearings commissioner
1: An applicant for a resource consent who has a right of objection under section 765(1)(d) or (e) section 765(2) to (6)
2: If a consent authority receives a request under this section, the authority must, under section 62 sections 768 770 1991 No 69 s 357AB
767: Right of objection in relation to imposition of additional charges or recovery of costs
A person has a right of objection—
a: to a local authority against its requirement to pay an additional charge under section 757(7) clause 94(1)
b: to the EPA against its requirement to pay costs under clause 94(2) or (3)
c: to the Minister against the Minister’s requirement to pay costs under clause 97(4) 1991 No 69 s 357B
768: Procedure for making and hearing objection under sections 764 to 767
1: An objection under section 764 765 767
2: A notice of objection must set out the reasons for the objection.
3: A notice of an objection made under section 765(1)(d) or (e)
4: In the case of an objection made under section 764 765
a: consider the objection within 20 working days; and
b: if the objection has not been resolved, give at least 5 working days' written notice to the objector of the date, time, and place for a hearing of the objection.
5: In the case of an objection made under section 767
a: consider the objection as soon as is reasonably practicable; and
b: if the objection has not been resolved, give at least 5 working days' written notice to the objector of the date, time, and place for a hearing of the objection. 1991 No 69 s 357C
769: Powers of hearings commissioner considering objection under section 765(1)(d) or (e)
1: This section applies if a hearings commissioner is considering an objection made under section 765(1)(d) or (e)
2: The hearings commissioner may do 1 or more of the following:
a: require the person or body making the objection to provide further information:
b: require the consent authority to provide further information:
c: commission a report on any matter raised in the objection.
3: However, the hearings commissioner must not require further information or commission a report unless they consider that the information or report will assist the hearings commissioner to make a decision on the objection. 1991 No 69 s 357CA
770: Decision on objections made under sections 764 to 767
1: The person or body to which an objection is made under sections 764 to 767
a: dismiss the objection; or
b: uphold the objection in whole or in part; or
c: in the case of an objection under section 767(a) section 757(7)
2: The person or body to which the objection is made must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the person or body considers appropriate, notice in writing of its decision on the objection and the reasons for it.
3: In the case of an objection made under section 765(1)(c) 1991 No 69 s 357D
771: Appeals against certain decisions or objections
1: Any person who has made an objection under section 764 765(1)(a), (b), (d), or (e) 767
2: However, an appeal against a decision on any of the following objections is excluded:
a: an objection against a decision under clause 90
b: an objection against a decision under section 244(2) 247(2)
c: an objection against a decision under section 549(4) to (2)
d: an objection against a decision of a board of inquiry under clause 90 section 276(8)
3: Notice of an appeal under this section must be in the prescribed form, stating the reasons for the appeal, and be lodged with the court within 15 working days after the decision on the objection being notified to that person under section 770(2)
4: Any person lodging an appeal under this section must ensure that a copy of the notice of appeal is served on the consent authority or local authority at the same time as the notice is lodged with the Environment Court.
5: This section does not apply to any person who has already exercised a right of appeal in respect of the same matter under section 313 1991 No 69 s 358 System performance and monitoring
772: Evaluation framework
1: The chief executives of the responsible departments must prepare, publish, and maintain an integrated monitoring, reporting, and evaluation framework (the evaluation framework Spatial Planning Act 2023
2: The purpose of the framework is to support the ongoing operation and effectiveness of the system under this Act and the Spatial Planning Act 2023
3: When preparing or updating the framework, the chief executives must engage with relevant government agencies and local government, regional planning committees, the Parliamentary Commissioner for the Environment, the National Māori Entity, iwi, hapū, and Māori.
773: Reporting
1: The chief executives of the responsible departments must report annually on the monitoring of system performance in a form that is easily accessible to the public.
2: The chief executives must submit to the responsible Ministers, at least every 6 years, a system evaluation report that evaluates the operation and effectiveness of this Act and the Spatial Planning Act 2023
3: The chief executives must co-ordinate and consolidate reporting on monitoring and evaluation for both Acts to enable an integrated view of overall system performance, unless it is impracticable.
4: The chief executives must publish evaluation reports and the Minister for the Environment must present the reports to the House of Representatives.
5: Reporting under this section must comply with any requirements prescribed by regulations made under section 776
774: Parliamentary Commissioner for Environment may review evaluation reports
1: The Parliamentary Commissioner for the Environment may, at their discretion and in accordance with their functions and powers under the Environment Act 1986 section 773
2: The responsible Ministers must respond in writing to any review carried out by the Commissioner.
775: Local authorities to report on costs of functions under this Act and Spatial Planning Act 2023
1: A local authority must each year prepare an annual report on the costs, drivers, and funding associated with discharging its functions, duties, and powers under this Act and the Spatial Planning Act 2023
2: The report must include the costs and funding associated with Māori participation under both Acts and participation of all parties in the regional planning committee.
3: The local authority must provide the report to the chief executives of the departments responsible for the administration of those Acts.
776: Regulations relating to compliance and monitoring activities
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing the manner or content of applications, notices, or any other documentation or information as may be required under Part 11
b: prescribing, for the purposes of section 777
i: indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district:
ii: matters by reference to which monitoring must be carried out:
iii: standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:
c: requiring local authorities to provide information gathered under sections 755 777
d: providing for any matters necessary or desirable for the efficient operation of this Part.
2: Regulations made under this section are 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
777: Local authorities to monitor to effectively carry out their functions and duties under this Act
1: A local authority must monitor—
a: the state of the whole or any part of the environment of its region or district—
i: to the extent that is appropriate to enable the local authority to effectively carry out its functions and duties under this Act; and
ii: in addition, by reference to any indicators or other matters prescribed by regulations made under section 776
b: the efficiency and effectiveness of policies, rules, or other methods in its plan in—
i: upholding any environmental limits and targets that apply in its region; and
ii: promoting the system outcomes under subpart 1
iii: addressing or managing other matters of regional or local significance that have been identified within its plan; and
c: the exercise of any functions, powers, or duties delegated or transferred by it; and
d: the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, or duties are exercised or performed; and
e: the exercise of the resource consents that have effect in its region or district, as the case may be; and
f: in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3
g: permitted activities that have effect in the region or district, where monitoring of those permitted activities is required by the national planning framework or the relevant plan.
2: Monitoring required by this section must be undertaken in accordance with any regulations.
3: For the purpose of subsection (1)(a), the local authority must prioritise monitoring of environmental limits and targets, other matters identified in the national planning framework, and regionally significant matters identified in its plan.
4: The local authority must take appropriate action (having regard to the methods available to it under this Act) where monitoring shows this to be necessary.
5: The local authorities in the region must provide iwi authorities and groups that represent hapū within the region with opportunities, in relation to the state of environmental monitoring under subsection (1)(a) and plan effectiveness monitoring under subsection (1)(b), to—
a: be involved in the development and implementation of mātauranga Māori, tikanga Māori, and other monitoring methods and approaches; and
b: be involved with the development of policy and guidance on the detailed ways in which the regional monitoring and reporting strategy is to be operationalised; and
c: carry out the actual monitoring work where agreed with the relevant local authority.
6: The local authority must make available or accessible to the public the results of its state of environment monitoring activities under subsection (1)(a) to enable the public to be informed and participate under this Act.
7: The regional planning committee must, every 6 years, publish an assessment of the state of the environment conducted under subsection (1)(a) in its region that demonstrates the environmental changes, trends, pressures, emerging risks, and outlooks within the region. 1991 No 61 s 35(2)–(3)
778: Regional monitoring and reporting strategies
1: A regional planning committee must prepare a regional monitoring and reporting strategy to describe how the local authorities in its region are to carry out their monitoring functions under this Part.
2: A regional monitoring and reporting strategy must—
a: ensure that monitoring and reporting is comprehensive and well co-ordinated; and
b: describe the monitoring responsibilities of each local authority in the region; and
c: describe when and how iwi authorities and groups that represent hapū (if agreed) are to be involved in local authority monitoring activities.
3: The regional planning committee must—
a: develop the strategy in collaboration with local authorities and have particular regard to their input; and
b: publish the regional monitoring and reporting strategy within the 4-year time frame for plan making; and
c: keep the strategy up to date and review the strategy when the full plan review evaluation is conducted. Plan reviews
779: Duty of local authorities to report to relevant planning committee
1: Each local authority must report to its relevant regional planning committee every 3 years (a 3-yearly reporting cycle
2: The first 3-yearly report must be made in accordance with the date specified in the regional monitoring and reporting strategies made under section 778
780: Purpose of reports
1: The purpose of a 3-yearly report is to provide the relevant regional planning committee with information required to plan and initiate a programme of work for the next 3 years in relation to plan changes needed to ensure continuing compliance of the plan with the requirements of this Act.
2: Any regional planning committee may initiate plan changes that it adds to the programme of work for the next 3 years.
781: Contents of reports
A 3-yearly report must include the following matters:
a: a consideration of the results from monitoring under section 777
b: recommendations on any matters that the plan should include; and
c: any plan changes that the local authority requests.
782: 9-yearly review of plans
1: Each regional planning committee must undertake a review of its plan for the region at least every 9 years (a 9-yearly review
2: A 9-yearly review period starts as soon as a plan becomes operative and continues in successive 9-year periods.
3: However, if a regional planning committee resolves to undertake a full plan review, the 9-year cycle ceases, beginning again when the new plan becomes operative.
4: A 9-yearly review must cover the following matters:
a: whether the strategic content of the plan is still appropriate; and
b: whether the plan gives effect to the national planning framework; and
c: whether the plan continues to be consistent with the regional spatial strategy for the region; and
d: whether there is a need to change or retain plan provisions that have not been reviewed in the previous 9 years; and
e: any other matter that the regional planning committee considers appropriate.
5: Each regional planning committee must, after completing its 9-yearly review, publish the results of that review, stating how it intends to respond to any matters requiring further consideration that are identified in it.
6: A regional planning committee must respond to its review, as appropriate, by—
a: making plan changes; or
b: notifying a wholly new plan; or
c: any other method that the committee considers appropriate. Additional powers of Minister for Environment and Minister of Conservation
783: Minister may make grants and loans
1: The Minister for the Environment may make grants or loans to any person to assist in achieving the purpose of this Act.
2: The Minister may impose terms and conditions on a grant or loan as the Minister thinks fit.
3: Money spent or advanced by the Minister under this section must be paid out of money appropriated by Parliament for the purpose.
4: Money received by the Minister under this Act must be paid into a Crown Bank Account or other account approved by the Minister of Finance. 1991 No 69 s 26
784: Supply of information
1: The Minister for the Environment may give written and dated notice requiring information to be supplied by the following bodies:
a: a regional planning committee:
b: a local authority:
c: a requiring authority:
d: a heritage protection authority.
2: The information that may be required is information that—
a: is about the body’s exercise or performance of any of its functions, powers, or duties under this Act; and
b: is held by the body or can reasonably be produced by the body; and
c: may reasonably be required by the Minister.
3: The body must supply the information to the Minister within—
a: 20 working days after the date of the notice; or
b: a longer time set by the Minister.
4: The body must not charge the Minister for supplying the information. 1991 No 69 s 27
785: Information must be supplied to Minister of Conservation
1: The Minister of Conservation may, if it is reasonable to do so, require a local authority to supply information about the local authority’s monitoring of—
a: a coastal permit; or
b: provisions of a plan that relate to the coastal marine area; or
c: the exercise of protected customary rights.
2: The Minister of Conservation must request the required information by giving a written and dated notice to the local authority.
3: The local authority must supply the information to the Minister of Conservation within—
a: 20 working days after the date of the notice; or
b: a longer time set by the Minister of Conservation.
4: The local authority must not charge for supplying the information.
5: The Minister must notify the Minister for the Environment of the making of the requirement. 1991 No 69 s 28A Miscellaneous matters
786: Regional councils to pay rents, royalties, and other money received into Crown Bank Account
All rents, royalties, and other sums of money that the holders of resource consents are, by virtue of any authorisation granted under section 465 section 790(1)(b)
a: collect and receive from the holders of such resource consents in its region all such rents, royalties, and other sums of money on behalf of the Crown; and
b: pay that money into a Crown Bank Account in accordance with the Public Finance Act 1989 1991 No 69 s 359
787: Power of waiver and extension of time limits
1: A regional planning committee, consent authority, or local authority may, in any particular case,—
a: extend a time period specified in this Act or in regulations made under a relevant empowering provision in this Act other than the national planning framework, whether or not the time period has expired; or
b: waive a failure to comply with a requirement under this Act, regulations made under a relevant empowering provision in this Act other than the national planning framework, or a plan for the time or method of service of documents.
2: However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM
3: If a person is required to provide information under this Act, regulations made under a relevant empowering provision in this Act, including the national planning framework, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—
a: waive compliance with the requirement; or
b: direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit. 1991 No 69 s 37
788: Requirements for waivers and extensions
1: A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 787
a: the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
b: the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
c: its duty under section 804
d: whether the extension or waiver will support the consent authority’s assessment of the application, to ensure that a decision to grant or decline the application aligns with plan outcomes.
2: A time period may be extended under section 787
a: a time not exceeding twice the maximum time period specified in this Act; or
b: a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.
3: Instead of subsections (1) and (2), subsection (4) applies to an extension of a time limit imposed on a consent authority in respect of—
a: an application for a resource consent; or
b: an application to change or cancel a condition of a resource consent; or
c: a review of a resource consent.
4: A consent authority may extend a time period under section 787
a: the time period as extended does not exceed twice the maximum time period specified in this Act; and
b: either—
i: special circumstances apply (which includes special circumstances existing by reason of the scale or complexity of the matter, but does not include a lack of staffing capacity or expertise); or
ii: the applicant agrees to the extension; and
c: the authority has taken into account the matters specified in subsection (1).
5: A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver. 1991 No 69 s 37A
789: Persons to have powers of consent authority for purposes of sections 787 and 788
The following bodies have the powers of a consent authority under sections 787 788
a: the Minister, while carrying out any of their functions under Part 3
b: a board of inquiry appointed under clause 75 Part 3 clause 81
c: the EPA, while carrying out its functions under Part 3 clause 62(1)
d: a special tribunal appointed under section 367 1991 No 69 s 37B Regulations
790: Regulations relating to payment of fees and charges
1: The Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under clause 90
i: assess a person’s ability to pay a fee; and
ii: identify proceedings that concern matters of public interest:
b: prescribing the amount, methods for calculating the amount, and circumstances and manner in which holders of resource consents are liable to pay for—
i: the occupation of the coastal marine area, to the extent that it is within the common marine and coastal area; and
ii: the occupation of the bed of any river or lake that is land of the Crown; and
iii: the extraction of any sand, shingle, shell, and other natural materials from an area described in subparagraph (i) or (ii); and
iv: the use of geothermal energy.
2: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360(a), (aa), (ac), (b), (baa), (c), (d), (da), (he), (hk) 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
791: Regulations relating to network utility operations
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister for the Environment, make regulations providing for any project or work to be a network utility operation for the purpose of paragraph (j) of the definition of network utility operator in section 11
2: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360(e) 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
792: Regulations relating to local authority functions under this Act or Spatial Planning Act 2023
1: The Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—
i: local authorities:
ii: the holders of resource consents:
iii: other persons:
b: authorising the Minister or responsible Ministers to specify requirements that local authorities must meet when reporting on the costs of functions under this Act and the Spatial Planning Act 2023
2: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360(1)(hp) 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
793: Regulations amending plans in relation to aquaculture activities and allocation processes
1: The Governor-General may, by Order in Council, on the recommendation of the Minister responsible for aquaculture,—
a: amend provisions in an operative plan that relate to the management of aquaculture activities in the coastal marine area; and
b: amend an operative plan to establish rules for the allocation of specified aquaculture-related authorisations.
2: Regulations made under subsection (1) may amend more than one plan at the same time, including plans that relate to different regions.
3: An amendment made under subsection (1)—
a: becomes part of the operative plan as if it had been notified under clause 44
b: must not be inconsistent with, and is subject to, the other provisions of this Act; and
c: may be amended—
i: under this section; or
ii: in accordance with Schedule 6
iii: under any other provision of this Act.
4: Regulations establishing a process for the allocation of specified aquaculture-related authorisations—
a: must provide for how allocation offers for those authorisations are to be decided; and
b: must specify the aquaculture-related authorisations (or class of authorisations) to which the process applies; and
c: may specify—
i: that the Minister responsible for aquaculture is the decision maker for allocation offers made under the process; and
ii: the circumstances in which, and the criteria by which, the Minister must make those decisions; and
d: must specify the unit of measurement for a specified aquaculture-related resource or class of resource (for example, based on volume, meterage, or percentage); and
e: may provide for any other matter necessary for establishing or giving effect to the process.
5: If a regional planning committee makes changes to the plan or develops a new plan, the committee may specify that the Minister responsible for aquaculture is the decision maker for allocation offers made under an allocation process, but only if—
a: the plan has been amended by regulations establishing an allocation process and specifying the matters referred to in subsection (4)(c); and
b: either—
i: the allocation process proposed in the changes or the new plan is the same as that made under the regulations; or
ii: the Minister responsible for aquaculture agrees to the changes to the plan or the new plan before it is notified.
6: In this section and sections 794 795 amend provisions
a: omitting provisions (whether other provisions are substituted or not):
b: adding provisions aquaculture-related authorisation section 226(2) section 442 aquaculture-related resource
a: the occupation of space in a common marine and coastal area for aquaculture activities:
b: the capacity of coastal water (including estuaries) to assimilate a discharge of a contaminant from an aquaculture activity:
c: any other resource related to aquaculture identified in the national planning framework under section 158(1)(h)
d: any other resource related to aquaculture.
7: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360A 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
794: Conditions to be satisfied before regulations made under section 793
Ministerial considerations
1: The Minister responsible for aquaculture must not recommend the making of regulations under section 793
a: has first had regard to the provisions of the plan that will be affected by the proposed regulations; and
b: has carried out consultation on the proposed regulations in accordance with this section; and
c: is satisfied that—
i: the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and
ii: the matters to be addressed by the proposed regulations are of regional or national significance; and
iii: the proposed regulations do not result in a rule in the plan that contravenes section 204
iv: the plan (as amended by the proposed regulations) continues to give effect to the national planning framework and does not conflict with or duplicate it; and
v: the plan (as amended by the proposed regulations) is consistent with the regional spatial strategy; and
d: has prepared an evaluation report under clause 27
2: When deciding whether to recommend the making of regulations that directly affect a customary marine title area, the Minister responsible for aquaculture must consider any content in a relevant planning document—
a: that has been lodged with the Minister under section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011 section 86
b: that the Minister considers relevant to their decision.
3: When deciding whether to recommend the making of regulations that relate to the allocation of coastal space, the Minister responsible for aquaculture must consider how the proposed regulations affect any preferential rights described in section 463
4: When deciding whether to recommend the making of regulations that relate to paragraphs (b) to (d) of the definition of aquaculture-related resource in section 793(6) Consultation requirements
5: The Minister responsible for aquaculture must consult on the proposed regulations with—
a: the Minister of Conservation; and
b: other Ministers that the Minister responsible for aquaculture considers relevant to the proposed regulations; and
c: any regional council that will be affected by the proposed regulations as well as the relevant regional planning committee; and
d: any customary marine title group in the area covered by the plan; and
e: any applicant group (within the meaning of section 9
f: the public, the relevant iwi authorities, and groups that represent hapū within the relevant region.
6: When consulting organisations, people, and groups under subsection (5)(d) to (f), the Minister responsible for aquaculture—
a: must notify them of the proposed regulations; and
b: must establish a process that—
i: the Minister responsible for aquaculture considers gives them adequate time and opportunity to comment on the proposed regulations; and
ii: requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
c: must publicly notify the report and recommendation; and
d: is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations.
7: A single consultation process may be used if—
a: the proposed regulations amend 2 or more plans at the same time; and
b: the requirements of subsections (5) and (6) are met in respect of each plan. 1991 No 69 s 360B
795: Regional planning committee obligations
1: As soon as practicable after regulations are made under section 793
a: give public notice that the regulations have been made, of the date on which the regulations come into force, and that provides a general description of the nature and effect of the regulations; and
b: amend the plan in accordance with the regulations—
i: without using the process in Schedule 6
ii: by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force.
2: To avoid doubt, section 447 section 793 1991 No 69 s 360C
796: Emergency response regulations
1: The Governor-General, by Order in Council, may, on the recommendation of the Minister, make regulations ( emergency response regulations
a: responding to a natural hazard event or other emergency in an area; and
b: recovery efforts in the affected area (including any work required to improve the resilience or standard of assets).
2: Before recommending emergency response regulations, the Minister must—
a: be satisfied that the order is necessary or desirable for the purpose of this Act:
b: be satisfied that the order is not broader than is reasonably necessary:
c: consult the Minister for Emergency Management before recommending any emergency response regulations:
d: consult with any affected councils and regional planning committees, and invite them to provide written comments about the proposed regulations:
e: provide a draft of the regulations to the committee of the House of Representatives that is responsible for the review of disallowable instruments:
f: have regard to comments, if any, from the Committee of the House of Representatives responsible for the review of disallowable instruments.
3: Before recommending emergency response regulations, the Minister may invite any other persons or representatives of persons that the Minister considers appropriate (including local Māori and local community groups), or the public generally, to provide written comments about the proposed regulations.
4: Written comments provided in response to an invitation from the Minister must be provided within 5 working days unless the Minister extends that period.
5: Emergency response regulations—
a: may apply only to an area where a state of national or local emergency, or a local or national transition period, has been declared under the Civil Defence Emergency Management Act 2002
b: may continue to apply to that area after the declaration ceases to have effect; and
c: expire on the date that is 3 years after the first declaration is made or any earlier date specified in the regulations.
6: Emergency response regulations may—
a: permit, authorise, or prohibit specific activities, noting that this will not give long-term existing use rights to these activities:
b: modify or alter the plan development processes:
c: apply a temporary stay to types or categories of applications (processing and granting of consents):
d: extend or shorten consent processing time frames.
7: Regulations made under this section are 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
797: Regulations relating to administrative charges and other amounts
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of prescribing or providing for fees and charges payable under this Act and specifying the charges that a local authority is required to fix under section 757
2: Regulations made under this section—
a: may prescribe the fees payable or the methods for calculating fees and recovering costs in respect of consent applications, applications under an allocation method in a plan, tenders, or other matters under this Act that require an application:
b: may require local authorities—
i: to fix charges for hearings commissioners determining resource consent applications, in accordance with a delegation from the local authority under section 62
ii: before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing:
c: may require regional planning committees—
i: to fix charges for processing private plan change requests under Part 2
ii: before a hearing commences, to set the overall charge payable by the applicant for a plan change:
d: may require local authorities to fix charges for resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to the receiving, processing, and granting of resource consents (including certificates of compliance, existing use certificates and permitted activity notices) and applications made under an allocation rule that has been included in a plan under section 446
e: providing for discounts on administrative charges imposed under section 757
i: when local authorities are responsible for applications for a resource consent:
ii: for applications to change or cancel conditions under section 334
iii: for processing certificates of compliance, existing use certificates, and permitted activity notices.
3: Regulations that relate to a function referred to in subsection (2)(d)—
a: must specify the class or classes of application in respect of which each charge is to be fixed; and
b: must include a schedule of charges to be applied by local authorities, fixed on the basis of—
i: the class of application; and
ii: the complexity of the class of application to which the charges apply; and
c: may specify a class or classes of additional charges that may apply.
4: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360F 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
798: Regulations relating to fast-track consenting process
1: The Governor-General may, by Order in Council, for the purpose of Part 2
a: impose requirements in relation to a referral application (including the manner in which the application must be made):
b: enable limited suspension of the processing of a resource consent application or notice of requirement by a panel in specified circumstances or if specified criteria apply:
c: provide for procedural and administrative matters for the purpose of Part 2
d: provide for any other matters contemplated by Part 2
2: A term that is used in this section and is defined in Part 2
3: Regulations made under this section are 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
799: Regulations relating to infringement offences
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: specifying the offences in this Act that are infringement offences:
b: specifying infringement offences for the breach of regulations:
c: prescribing infringement fees (which may be different fees for different offences)—
i: not exceeding $2,000, in the case of a natural person, for an infringement offence prescribed under this subsection:
ii: not exceeding $4,000, in the case of a person other than a natural person, for an infringement offence prescribed under this subsection:
iii: not exceeding $100 per stock unit for each infringement offence that is differentiated on the basis of the number of stock units, to a maximum fee of—
A: $2,000 for each infringement offence in the case of a natural person; and
B: $4,000 for each infringement offence in the case of a person other than a natural person.
2: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360(1)(ba), (bb) 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
800: Regulations relating to dumping and incineration in coastal marine area
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: deeming to be included in any plan, rules that may apply generally or specifically and that may do all or any of the following:
i: specify as anticipated activities or discretionary activities any activities to which section 27
ii: specify criteria to be considered on—
A: an application under section 239 section 27
B: an application under section 334
C: a review of the conditions of the permit under section 337
b: prescribing any substance to be a harmful substance for the purposes of section 11(1)
c: prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 29
d: in relation to any coastal permit to do something that otherwise would contravene section 27
i: requiring the holder of the permit to keep records and furnish to the Director of Maritime New Zealand information and returns as to any matters in relation to any activity carried out under the permit; and
ii: prescribing the nature of the records, information, and returns, and the form, manner, and times in or at which they must be kept or furnished:
e: prohibiting, permitting, or controlling a discharge to which section 28
f: prohibiting or permitting with or without conditions the making of a plan rule or the granting of a resource consent for a discharge to which section 28
g: prescribing any operations of a ship, aircraft, or offshore installation as a normal operation.
2: No regulation may be made under any of paragraphs (a) to (d) of subsection (1), except on the recommendation of the Minister after consultation with the Minister of Transport and the Minister of Conservation.
3: The Minister must not recommend the making of any regulation under any of paragraphs (a) to (c) of subsection (1) unless, after having consulted with the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that—
a: it is necessary or desirable to do so for all or any of the following purposes:
i: to implement New Zealand's obligations under any international convention, protocol, or agreement relating to the protection of the marine environment and to which New Zealand is a party:
ii: to enable New Zealand to become a party to any international convention, protocol, or agreement relating to the protection of the marine environment:
iii: to implement such international practices or standards relating to the protection of the marine environment as may, from time to time, be recommended by the International Maritime Organization; or
b: it is not inconsistent with any such purpose to do so.
4: The Minister may, by notice in the Gazette
5: Regulations made under subsection (1)(e) or (f) may apply—
a: generally within New Zealand or to specified areas of New Zealand:
b: generally to plan rules or resource consents or to plan rules or resource consents of a specified description. Effect of regulations made under this section on plan rules and resource consents
6: If regulations made under this section permit or control a discharge to which section 28(1) or (3)
a: no rule can be included in a plan that permits or controls the discharge; and
b: no resource consent may be granted that relates to that discharge.
7: Regulations made under this section are 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
801: Regulations relating to general matters
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister for the Environment, make regulations for all or any of the following purposes:
a: the form or content of applications, notices, or any other documentation or information that may be required under this Act, including the use of templates:
b: the form and content of, and the procedure for, assessments of environmental effects:
c: the manner in which applications, notices, information, or any other documentation that may be required under this Act are to be processed, including—
i: procedural steps and time limits relating to the resource consent process:
ii: requirements that apply to specific consents or activities:
iii: service requirements and related administrative matters:
iv: the ways in which local authorities must make information gathered under sections 752 777
d: templates for reports required to be prepared under this Act, including notification reports, decision reports, and reports that a local authority may require under this Act, which may apply to specific consents or activities:
e: the practice and procedure of the Environment Court and the form of proceedings, both under this Act and in relation to the exercise of any jurisdiction conferred on the court by any other Act:
f: procedural steps that apply when the Environment Court or a board of inquiry determines an affected application, including the disapplication of provisions in Part 6
g: prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in clauses 87 to 90
h: prescribing, for the purposes of sections 168 469 530
i: threshold amounts, which may differ for proposals of different types or in different locations; and
ii: matters to which an authority is required to have regard in determining whether exceptional circumstances exist:
i: setting criteria or methodologies for determining the bed of a braided or other wandering river:
j: prescribing exemptions from any provision of section 26
k: prescribing how the consent engagement costs payable by consent applicants or holders, either locally or nationally, are to be determined:
l: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in substitution for, the transitional and savings provisions in Schedule 1
m: providing that (subject to any conditions specified in the regulations), during a specified transitional period,—
i: specified provisions of this Act (including definitions or transitional and savings provisions) do not apply (or apply with modifications or additions) either generally or in respect of a specified region or area:
ii: specified provisions repealed, revoked, or amended by this Act continue to apply (or continue to apply with modifications or additions):
iii: regulations, Orders in Council, notices, schemes, rights, licences, permits, approvals, authorisations, or consents made or given under the Resource Management Act 1991
iv: specified terms have the meanings given to them by regulations:
n: providing for any other matters necessary for facilitating or ensuring an orderly transition from the legislative regime under the Resource Management Act 1991
o: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Any regulations may apply generally or may apply or be applied from time to time by the Minister for the Environment by notice in the Gazette
3: The Minister must not recommend the making of regulations under subsection (1)(a) to (d) without consulting the affected consent authorities.
4: The Minister must not recommend the making of regulations under this Act other than the national planning framework that impact on the Environment Court without the concurrence of the Chief Environment Court Judge.
5: Regulations may be made under subsection (1)(h) only on the recommendation of the Minister for the Environment after having regard to the intent of the regulations, which is to require requests for direct referral to be granted for proposals of a significant economic scale.
6: Regulations may be made under subsection (1)(j) only on the recommendation of the Minister after being satisfied that affected persons have been consulted.
7: Regulations under subsection (1)(c) may prescribe or provide for—
a: additional procedural steps and matters (including the form and content of notices served on parties):
b: additional time limits for procedural steps that do not alter time limits established by this Act:
c: additional procedural steps and time limits that will not be counted towards time limits established by this Act.
8: On the close of the day that is 5 years after the date of their commencement,—
a: subsection (1)(l), (m), and (n) are repealed; and
b: any regulations made under any of those provisions are revoked.
9: Regulations made under this section are secondary legislation ( see Part 3 1991 No 69 s 360 2028-08-25 Natural and Built Environment Act 2023 see section 801(8): on the close of the day that is 5 years after the date of their commencement. subsection (1)(l), (m) and (n) are repealed 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
802: Power of Secretary for Environment to approve forms and templates
1: The Secretary for the Environment may approve forms and templates for any applications, certificates, and notices under Part 6
2: The Secretary for the Environment must publish the approved forms and templates on an Internet site maintained by the Ministry for the Environment. Special Acts
803: Conflicts with special Acts
Every local authority or other public body must be guided, in the exercise of any function, power, or duty in relation to natural or physical resources imposed or conferred by any of the Acts specified in Schedule 15 1991 No 69 s 363 Repeals, revocations, and amendments
804: Repeal
The Resource Management Act 1991 1991 No 69 s 361 OIC Resource Management Act 1991 see section 2(1)(h) and 2(6)
805: Consequential amendments
1: Amend the Acts specified in Part 1
2: Amend the Fisheries Act 1996 Part 2
3: Amend the Marine and Coastal Area (Takutai Moana) Act 2011 Part 3
4: Amend the Resource Management Act 1991 Part 4
5: Amend the secondary legislation as set out in Part 5 1991 No 69 s 362 2023-08-24 Airport Authorities Act 1966 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 Auckland City Council (St Heliers Bay Reserve) Act 1995 Auckland Improvement Trust Act 1971 Biosecurity Act 1993 Building Act 2004 Burial and Cremation Act 1964 Canterbury Property Boundaries and Related Matters Act 2016 Chatham Islands Council Act 1995 Christ Church Cathedral Reinstatement Act 2017 Christchurch City Council (Robert McDougall Gallery) Land Act 2003 Christchurch District Drainage Act 1951 Civil Defence Emergency Management Act 2002 Clevedon Agricultural and Pastoral Association Empowering Act 1994 Climate Change Response Act 2002 Conservation Act 1987 Contract and Commercial Law Act 2017 Corrections Act 2004 Costs in Criminal Cases Act 1967 Crown Forest Assets Act 1989 Crown Minerals Act 1991 Crown Organisations (Criminal Liability) Act 2002 Crown Pastoral Land Act 1998 Crown Research Institutes Act 1992 Earthquake Commission Act 1993 Education and Training Act 2020 Electricity Act 1992 Electricity Industry Act 2010 Energy Efficiency and Conservation Act 2000 Environment Act 1986 Environmental Protection Authority Act 2011 Environmental Reporting Act 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Farm Debt Mediation Act 2019 Fencing Act 1978 Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 Fire and Emergency New Zealand Act 2017 Food Act 2014 Forestry Rights Registration Act 1983 Forests Act 1949 Gas Act 1992 Goods and Services Tax Act 1985 Gore District Council (Otama Rural Water Supply) Act 2019 Government Roading Powers Act 1989 Hauraki Gulf Marine Park Act 2000 Hawke’s Bay Endowment Land Empowering Act 2002 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Safety at Work Act 2015 Health Sector (Transfers) Act 1993 Heritage New Zealand Pouhere Taonga Act 2014 Housing Act 1955 Housing Assets Transfer Act 1993 Income Tax Act 2007 Infrastructure Funding and Financing Act 2020 Inquiries Act 2013 Irrigation Schemes Act 1990 Joint Family Homes Act 1964 Lake Wanaka Preservation Act 1973 Land Act 1948 Land Drainage Act 1908 Land Transport Management Act 2003 Lawyers and Conveyancers Act 2006 Legal Services Act 2011 Legislation Act 2019 Local Authorities (Members’ Interests) Act 1968 Local Electoral Act 2001 Local Government Act 1974 Local Government Act 2002 Local Government (Auckland Council) Act 2009 Local Government (Auckland Transitional Provisions) Act 2010 Local Government Official Information and Meetings Act 1987 Local Government (Rating) Act 2002 Maori Commercial Aquaculture Claims Settlement Act 2004 Maritime Transport Act 1994 Mauao Historic Reserve Vesting Act 2008 National Parks Act 1980 National War Memorial Park (Pukeahu) Empowering Act 2012 Natural Hazards Insurance Act 2023 New Plymouth District Council (Waitara Lands) Act 2018 New Zealand Railways Corporation Act 1981 New Zealand Railways Corporation Restructuring Act 1990 Northland Regional Council and Far North District Council Vesting and Empowering Act 1992 Ombudsmen Act 1975 Overseas Investment Act 2005 Property Law Act 2007 Prostitution Reform Act 2003 Public Audit Act 2001 Public Safety (Public Protection Orders) Act 2014 Public Works Act 1981 Racing Industry Act 2020 Railways Act 2005 Rating Valuations Act 1998 Remuneration Authority Act 1977 Reserves Act 1977 Riccarton Racecourse Development Enabling Act 2016 River Boards Act 1908 Sale and Supply of Alcohol Act 2012 Search and Surveillance Act 2012 Selwyn Plantation Board Empowering Act 1992 Sentencing Act 2002 Sharemilking Agreements Act 1937 Soil Conservation and Rivers Control Act 1941 State-Owned Enterprises Act 1986 Summary Proceedings Act 1957 Summit Road (Canterbury) Protection Act 2001 Taumata Arowai–the Water Services Regulator Act 2020 Telecommunications Act 2001 Te Ture Whenua Maori Act 1993 Unit Titles Act 2010 Urban Development Act 2020 Waitakere Ranges Heritage Area Act 2008 Waste Minimisation Act 2008 Water Services Act 2021 Water Services Entities Act 2022 Wellington Regional Council (Water Board Functions) Act 2005 Wellington Town Belt Act 2016 Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 Whakatane Paper Mills, Limited, Water-supply Empowering Act 1936 Fisheries Act 1996 Marine and Coastal Area (Takutai Moana) Act 2011 Resource Management Act 1991 Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006 Biosecurity (National PA Pest Management Plan) Order 2022 Building (Accreditation of Building Consent Authorities) Regulations 2006 Building (Forms) Regulations 2004 Building Regulations 1992 Cadastral Survey Rules 2021 Christ Church Cathedral Reinstatement Order 2020 Climate Change (Forestry) Regulations 2022 Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013 Crown Minerals (Royalties for Petroleum) Regulations 2013 Education (Early Childhood Services) Regulations 2008 Electricity (Hazards from Trees) Regulations 2003 Fisheries (Aquaculture Compensation Methodology) Regulations 2012 Fisheries (Commercial Fishing) Regulations 2001 Fisheries (Cost Recovery) Rules 2001 Fisheries (Kaimoana Customary Fishing) Regulations 1998 Fisheries (South Island Customary Fishing) Regulations 1999 Freshwater Fish Farming Regulations 1983 Freshwater Fisheries Regulations 1983 Health and Safety at Work (Asbestos) Regulations 2016 Health and Safety at Work (Hazardous Substances) Regulations 2017 Infrastructure Funding and Financing (Western Bay of Plenty Transport System Plan Levy) Order 2022 Land Transfer Regulations 2018 Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 Legislation (Publication) Regulations 2021 Local Government (Financial Reporting and Prudence) Regulations 2014 Māori Land Court Fees Regulations 2013 Māori Land Court Rules 2011 Marine Reserve (Motu Manawa-Pollen Island) Order 1995 Marine Reserve (Taputeranga) Order 2008 Marine Reserve (Whangarei Harbour) Order 2006 Maritime (Charges) Regulations 2014 National Water Conservation (Rakaia River) Order 1988 National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990 New Zealand Game Bird Habitat Stamp Regulations 1993 Overseas Investment Regulations 2005 Residential Tenancies (Healthy Homes Standards) Regulations 2019 Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 Resource Management (Forms, Fees, and Procedure) Regulations 2003 Sharemilking Agreements Order 2011 Whitebait Fishing Regulations 2021 Local Government Official Information and Meetings Amendment Act 2023