1: Title
This Act is the Mental Health and Wellbeing Commission Act 2020.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that is not earlier brought into force under subsection (1) comes into force on 9 February 2021.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Treaty of Waitangi (Te Tiriti o Waitangi)
In order to recognise and respect the Crown’s responsibility to take appropriate account of the Treaty of Waitangi
a: section 8(2)
i: te ao Māori (Māori world view), tikanga Māori (Māori protocol and culture), and whānau-centred approaches to wellbeing; and
ii: the cultural, economic, educational, spiritual, societal, environmental, and other factors that affect people’s mental health and wellbeing; and
b: section 9(1)
i: to uphold the Treaty of Waitangi (Te Tiriti o Waitangi)
ii: to engage with Māori and to understand perspectives of Māori; and
c: section 11(2)
i: assessing and reporting publicly on the mental health and wellbeing of people in New Zealand; and
ii: assessing and reporting publicly on factors that affect people’s mental health and wellbeing; and
iii: assessing and reporting publicly on the effectiveness, efficiency, and adequacy of approaches to mental health and wellbeing; and
iv: advocating for the collective interests of people who experience mental distress or addiction (or both), and the persons (including family and whānau) who support them; and
d: section 11(3)
i: the cultural, economic, educational, spiritual, societal, environmental, and other factors that affect people’s mental health and wellbeing; and
ii: actions undertaken that (or that could be undertaken to) identify and respond to people experiencing poor mental health and wellbeing, and the persons (including family and whānau) who support them; and
e: section 13
4: Interpretation
In this Act, unless the context otherwise requires,— board Commission section 7 Minister
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Mental Health and Wellbeing Commission
Establishment of Mental Health and Wellbeing Commission
7: Mental Health and Wellbeing Commission established
1: The Mental Health and Wellbeing Commission is established.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
8: Board of Commission
1: The board of the Commission consists of 3 to 7 members.
2: When recommending a person for membership of the board, the Minister must have regard to the need for members to collectively—
a: have knowledge, understanding, and experience of—
i: te ao Māori (Māori world view), tikanga Māori (Māori protocol and culture), and whānau-centred approaches to wellbeing; and
ii: the cultural, economic, educational, spiritual, societal, environmental, and other factors that affect people’s mental health and wellbeing; and
iii: mental health services and addiction services; and
iv: public health approaches and population health approaches to improving health outcomes; and
v: improving overall system performance; and
b: have personal experience of mental distress; and
c: have personal experience of addiction.
3: This section does not limit section 29
9: Additional collective duty of board
1: The board must ensure that the Commission maintains systems and processes to ensure that, for the purposes of carrying out its functions under this Act, the Commission has the capability and capacity—
a: to uphold the Treaty of Waitangi (Te Tiriti o Waitangi)
b: to engage with Māori and to understand perspectives of Māori.
2: The duty in subsection (1)—
a: applies in addition to the duties of the board in sections 49 to 52
b: is a collective duty owed to the Minister for the purposes of section 58 2019 No 50 s 11 Objective, functions, and powers of Mental Health and Wellbeing Commission
10: Objective of Commission
In performing its functions and exercising its powers under this Act, the Commission’s objective is to contribute to better and equitable mental health and wellbeing outcomes for people in New Zealand. 2004 No 115 s 14(2)
11: Functions of Commission
1: The functions of the Commission are—
a: to assess and report publicly on the mental health and wellbeing of people in New Zealand; and
b: to assess and report publicly on factors that affect people’s mental health and wellbeing; and
c: to assess and report publicly on the effectiveness, efficiency, and adequacy of approaches to mental health and wellbeing; and
d: to make recommendations to improve the effectiveness, efficiency, and adequacy of approaches to mental health and wellbeing; and
e: to monitor mental health services and addiction services and to advocate improvements to those services; and
f: to promote alignment, collaboration, and communication between entities involved in mental health and wellbeing; and
g: to advocate for the collective interests of people who experience mental distress or addiction (or both), and the persons (including family and whānau) who support them.
2: When performing its functions under this Act, the Commission must have particular regard to the experience of, and outcomes for, Māori.
3: The Commission must also have regard to—
a: available evidence; and
b: the cultural, economic, educational, spiritual, societal, environmental, and other factors that affect people’s mental health and wellbeing; and
c: actions undertaken that (or that could be undertaken to)—
i: promote positive mental health and wellbeing:
ii: build resilience and prevent poor mental health and wellbeing:
iii: identify and respond to people experiencing poor mental health and wellbeing, and the persons (including family and whānau) who support them.
4: Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, duties, or powers of the Commission (other than the Crown Entities Act 2004
12: Powers of Commission
The Commission has the power to—
a: publicly report on any matters concerning the mental health and wellbeing of people in New Zealand; and
b: make recommendations to any person (including any Minister) on any matters concerning mental health and wellbeing; and
c: obtain information in accordance with sections 14 to 16 Obtaining views of specified groups
13: Obligation to have effective means of seeking views
1: In performing its functions and exercising its powers under this Act, the Commission must ensure that it has effective means of seeking the views of—
a: Māori; and
b: people who share a common identity, experience, or stage in life that increases the risk that they will experience poor mental health and wellbeing (for example, the groups identified in He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction and that are set out in Schedule 2
c: people who have experienced mental distress, and the persons (including family and whānau) who support them; and
d: people who have experienced addiction, and the persons (including family and whānau) who support them; and
e: any other group the Commission considers may help it to meet its objective ( see section 10
2: Those means may include—
a: appointing advisory committees or forming consultation forums:
b: using consultation mechanisms that have been established by other entities. 2003 No 128 s 13 Power to obtain information
14: Power of Commission to obtain information
1: The Commission may request an entity specified in subsection (6) to supply to the Commission any information that is necessary or desirable to enable the Commission to perform its functions.
2: A request—
a: must be in writing; and
b: may state the date by which, and the manner in which, the information must be provided.
3: If a date is specified, that date must be reasonable.
4: An entity to which the request is made must comply with the request.
5: Section 15
6: A request may be made to 1 or more of the following entities:
a: a department named in Part 1
i: the Government Communications Security Bureau; and
ii: the New Zealand Security Intelligence Service:
b: a departmental agency named in Part 2
c: a statutory entity named in Schedule 1
d: the New Zealand Defence Force:
e: the New Zealand Police.
f: 2019 No 51 s 23 Section 14(6)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 14(6)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 14(6)(f) repealed 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024
15: Reasons for refusing to supply requested information
1: The Commission must not request, and an entity must not supply, information that is—
a: personal information as defined in section 2(1)
b: information held by the Government Statistician that was collected under the Data and Statistics Act 2022
c: information that a revenue officer must keep confidential under section 18
2: An entity may refuse a request for information if—
a: it can be properly withheld under sections 6 7 9(2)(a), (b)(i), (ba)(ii), (c) to (h), (j), or (k)
b: the supply of the information would limit the ability of the entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter. 2019 No 51 s 24 Section 15(1)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
16: Publication or disclosure of information to others
The Commission must not publish or disclose any information obtained under section 14
a: the information is available to the public under any enactment or is otherwise publicly available:
b: the information is in a statistical or summary form:
c: the publication or disclosure is with the consent of the entity from which the information was obtained:
d: the publication or disclosure is made under the Official Information Act 1982 2019 No 51 s 26 Review of Commission
17: Review of Commission
1: The Minister must, as soon as practicable after the expiry of 5 years from the commencement of this Act,—
a: commence a review of the operation and effectiveness of the Commission; and
b: prepare a report on that review.
2: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed. Consequential amendments
18: Consequential amendments to other enactments
Amend the enactments specified in Schedule 3 2021-02-09 Crown Entities Act 2004 Health and Disability Commissioner Act 1994 Official Information Act 1982 Ombudsmen Act 1975 Remuneration Authority Act 1977 refer to section 2(2)


1: Title
This Act is the Land Transport (Rail) Legislation Act 2020.
2: Commencement
This Act comes into force on 1 July 2020.
1: Amendments to Land Transport Management Act 2003
3: Amendments to Land Transport Management Act 2003
This Part amends the Land Transport Management Act 2003 2020-07-01 Land Transport Management Act 2003
4: Section 5 amended (Interpretation)
1: In section 5(1) KiwiRail rail activity section 5A rail network investment programme
a: prepared by KiwiRail under section 22A
b: approved by the Minister under section 22B section 22D region shareholding Ministers
2: In section 5(1) procurement procedure procurement procedure
a: approved by the Agency under section 25, in relation to money spent by the Agency or an approved organisation:
b: approved by KiwiRail under section 22H section 10(3)(aa)
5: New section 5A inserted (Meaning of rail activity)
After section 5
5A: Meaning of rail activity
1: In this Act, unless the context otherwise requires, rail activity
a: means—
i: any activity provided by KiwiRail (whether itself or on its behalf) that relates to railway infrastructure, railway premises, or rail maintenance vehicles (whether or not self-propelled); and
ii: any combinations of activities described in subparagraph (i)
iii: any activity or combinations of activities specified as a rail activity in regulations made under subsection (3)
b: excludes any activity or combinations of activities specified as not a rail activity in regulations made under subsection (3)
2: For the purposes of subsection (1) railway infrastructure railway premises
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purposes of subsection (1)(a)(iii) and (b)
6: Section 6 amended (Meaning of land transport revenue)
In section 6(c) Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Part 11
7: Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
1: After section 9(2)(a)
aa: rail activities or combinations of rail activities up to the amount approved by the Minister under section 22F
2: After section 9(2)(b)
c: investment strategy and policy activities (up to the amount approved by the Minister and the Minister of Finance) that—
i: are carried out by the Ministry; and
ii: relate to matters that could have a significant impact on the national land transport fund.
8: Section 10 amended (National land transport fund)
After section 10(3)(a)
aa: rail activities or combinations of rail activities approved under section 22F
9: Section 16 amended (Form and content of regional land transport plans)
1: After section 16(6)(g)
ga: in the case of the plan for Auckland, a list of any significant rail activities or combinations of rail activities proposed by KiwiRail for Auckland; and
gb: in the case of the plan for the Wellington region, any significant rail activities or combinations of rail activities proposed by KiwiRail for the Wellington region; and
gc: in the case of the plan for any other region that has a regional transport committee within the meaning of section 105A(1)(c)
2: After section 16(6)
6A: Any matter included in a regional land transport plan under subsection (6)(ga), (gb), or (gc)
10: Section 19C amended (Content of national land transport programme)
After section 19C(e)
ea: a list of rail activities or combinations of rail activities included in the current rail network investment programme; and
eb: a list of rail activities or combinations of rail activities approved under section 22F
11: New sections 22A to 22H and cross-heading inserted
After section 22 Rail network investment programme
22A: KiwiRail must prepare rail network investment programme
1: Every 3 financial years, KiwiRail must prepare a rail network investment programme to apply for the following 3 financial years.
2: The programme must set out KiwiRail’s recommendations for the rail activities or combinations of rail activities—
a: to be provided by KiwiRail (whether itself or on its behalf); and
b: to be funded or partially funded by the national land transport fund in accordance with section 10(3)(aa)
3: The programme must—
a: take into account the purpose of this Act; and
b: take into account the GPS on land transport; and
c: indicate any significant rail activities or combinations of rail activities likely to be included in the next programme; and
d: include sufficient information to allow the Agency to give advice to the Minister on the matters set out in section 22C
e: include any other information that the Minister requires KiwiRail to provide.
4: KiwiRail must prepare the programme by a date set by the Minister.
5: Despite subsections (1) and (4)
22B: Minister must decide whether to approve rail network investment programme
1: The Minister must decide whether to approve (or not approve) each rail network investment programme prepared by KiwiRail under section 22A
2: The Minister must make reasonable efforts to make a decision before the start of the first financial year to which the programme applies.
3: The Minister must not make a decision unless the Minister has first—
a: consulted KiwiRail’s shareholding Ministers; and
b: considered the Agency’s advice given under section 22C
4: The Minister may at any time refer a programme back to KiwiRail with a request that KiwiRail reconsider 1 or more aspects of it.
5: Subsection (6) subsection (3)
a: the Minister refers a programme back under subsection (4)
b: KiwiRail submits a revised programme.
6: The Minister must repeat the requirements of subsection (3)
7: The Minister must notify the shareholding Ministers, the Ministry, the Agency, and KiwiRail of whether a programme has been approved (or not approved).
8: A programme approved under this section is to be treated as if it were approved before the start of the first financial year to which it applies.
22C: Agency must advise on rail network investment programme
1: The Agency must give advice to the Minister for the purposes of section 22B(3)(b)
a: whether the rail network investment programme—
i: contributes to the purposes of this Act; and
ii: is consistent with the GPS on land transport; and
iii: takes into account any relevant regional land transport plan:
b: whether the Agency is satisfied that the programme includes the following information:
i: a recommendation on the maximum contribution to be made from the national land transport fund under section 10(3)(aa)
ii: a statement of the specific rail activities or combinations of rail activities to be funded or partially funded using that contribution:
iii: a statement of the revenue (if any) KiwiRail expects to receive in relation to the activities other than from the fund:
iv: a financial forecast, for the 10-year period starting from the date on which the programme takes effect, of anticipated revenue and expenditure in relation to the activities:
c: whether the Agency considers that KiwiRail has provided the information that the Minister has required under section 22A(3)(e)
d: whether, based on the matters set out in paragraphs (a) to (c)
2: The Agency must give—
a: its advice to the Minister by a date set by the Minister; and
b: a copy of that advice to the Ministry and KiwiRail as soon as practicable after giving it to the Minister.
22D: Rail network investment programme may be varied during its currency
1: KiwiRail may prepare a variation to a rail network investment programme for approval during its currency.
2: For that purpose, sections 22A to 22C
3: Subsection (2)
22E: Rail network investment programmes to be available on Agency and KiwiRail Internet sites
The Agency and KiwiRail must make available on their Internet sites each rail network investment programme approved by the Minister under section 22B section 22D(2) or (3)
22F: Minister may approve funding of rail network investment programme activities
1: At KiwiRail’s request, the Minister may approve a rail activity or combinations of rail activities to be funded or partially funded by the national land transport fund.
2: The Minister must not make a decision to approve (or not approve) the funding unless—
a: the activity or combinations of activities are included in—
i: the current rail network investment programme; or
ii: any programme being considered for approval under section 22B
b: the Minister has first—
i: consulted KiwiRail’s shareholding Ministers; and
ii: considered the Agency’s advice given under section 22G
3: The Minister may approve a rail activity or combinations of rail activities for funding or partial funding by the national land transport fund without satisfying the requirements of subsection (2)
a: either or both of the following apply:
i: the activity or combinations of activities are in the urgent interests of public safety:
ii: the activity or combinations of activities are necessary to immediately or temporarily repair damage caused by a sudden and unexpected event; and
b: the activity or combinations of activities will be provided by KiwiRail (whether itself or on its behalf); and
c: before making a decision, the Minister has sought advice from the Agency on whether it considers that the Minister should approve the funding.
4: The Minister must notify the shareholding Ministers, the Ministry, the Agency, and KiwiRail of all activities that, under this section, the Minister—
a: approves to be funded or partially funded; or
b: does not approve to be funded or partially funded.
22G: Agency must advise on rail activities to be funded
1: The Agency must give advice to the Minister for the purposes of section 22F(2)(b)(ii)
a: whether the rail activity or combinations of rail activities are included in the current rail network investment programme or, as the case may be, a programme being considered for approval under section 22B
b: whether the activity or combinations of activities take into account—
i: any relevant regional land transport plan; and
ii: any national energy efficiency and conservation strategy; and
iii: any relevant national policy statements or regional policy statements for the time being in force under the Resource Management Act 1991:
c: whether the activity or combinations of activities will contribute to the purpose of this Act and are consistent with the GPS on land transport:
d: whether the activity or combinations of activities are efficient and effective:
e: whether, based on the matters set out in paragraphs (a) to (d)
2: If the advice relates to an activity or combinations of activities included in a programme being considered for approval under section 22B section 22C(1)(b)(ii)
3: The Agency must develop, and make available on its Internet site, 1 or more assessment methods to use when giving advice in relation to the matters set out in subsection (1)(c) and (d)
4: The Agency must give—
a: its advice to the Minister by a date set by the Minister; and
b: a copy of that advice to the Ministry and KiwiRail as soon as practicable after giving it to the Minister.
22H: KiwiRail must use specified procurement procedure for delivering certain activities
1: KiwiRail must approve 1 or more procurement procedures that will apply to the delivery of rail activities and combinations of rail activities funded under section 10(3)(aa)
2: The procedures must—
a: be designed to obtain the best value for the money funded under that provision; and
b: take into account current government procurement practices.
3: KiwiRail must consult the Agency before approving the procedures.
4: KiwiRail and the Agency must make available the procurement procedures on their Internet sites.
12: Section 95 amended (Functions of Agency)
After section 95(1)(g)
ga: to assist, advise, and co-operate with KiwiRail in relation to KiwiRail’s role in preparing each rail network investment programme:
gb: to monitor and report to the Minister on the matters set out in section 102A
13: New section 102A inserted (Monitoring and reporting on matters relating to rail network investment programme)
After section 102
102A: Monitoring and reporting on matters relating to rail network investment programme
1: The Agency must—
a: monitor the provision of rail activities or combinations of rail activities approved by the Minister under section 22F
b: monitor the extent to which the rail network investment programme—
i: contributes to the purposes of this Act; and
ii: is consistent with the GPS on land transport; and
c: report annually on its findings to the Minister.
2: KiwiRail must, when reasonably requested to do so, provide the Agency with sufficient relevant information for the Agency to fulfil its obligations under this section.
14: Section 105 amended (Regional transport committees)
1: Repeal section 105(14)
2: After section 105(15)
16: This section is subject to the requirements for additional membership under section 105A
15: New section 105A inserted (KiwiRail representation on regional transport committees)
After section 105
105A: KiwiRail representation on regional transport committees
1: In this section, regional transport committee
a: the regional transport committee for Auckland; and
b: the regional transport committee for the Wellington region (or any joint committee that includes members for the Wellington region); and
c: a regional transport committee or joint committee named by the Minister, by notice in the Gazette
2: A regional transport committee must include 1 additional member to represent KiwiRail (the KiwiRail member
3: KiwiRail must appoint the KiwiRail member.
4: The KiwiRail member has no voting rights at any meeting of the committee and must not be appointed as the chairperson or deputy chairperson (or by any other process preside at any meeting).
5: The Minister may name a committee under subsection (1)(c)
2: Amendments to other legislation
16: Amendment to Goods and Services Tax Act 1985
1: This section amends the Goods and Services Tax Act 1985
2: After section 5(6AA)
6AAB: For the purposes of this Act, a fee or charge paid to a person pursuant to regulations made under section 167(1)(j) of the Land Transport Act 1998 is treated as being consideration for a supply of services in the course or furtherance of a taxable activity carried on by the person. 2020-07-01 Goods and Services Tax Act 1985
17: Amendments to Land Transport Act 1998
Sections 18 19 Land Transport Act 1998 2020-07-01 Land Transport Act 1998
18: Section 168 amended (Regulations relating to fees and charges for land transport)
After section 168(4)(g)
h: identify those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003.
19: New sections 168AA and 168AAB inserted
After section 168
168AA: Land transport revenue to be paid into national land transport fund
All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 must be paid into a Crown Bank Account and treated as land transport revenue.
168AAB: Certain orders are confirmable instruments
1: This section applies to regulations made by Order in Council under this Part that identify fees or charges as land transport revenue for the purposes of the Land Transport Management Act 2003.
2: The explanatory note of the Order in Council must indicate that—
a: it is a confirmable instrument under section 47B of the Legislation Act 2012; and
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.
20: Amendment to Legislation Act 2012
1: This section amends the Legislation Act 2012
2: In Schedule 2 sections 269 270 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 2 of the Legislation Act 2012 and should be read with that table to provide understanding of the context. Land Transport Act 1998 167(1)(j)—restriction: only if the regulations prescribe fees or charges that are identified as land transport revenue for the purposes of the Land Transport Management Act 2003 2020-07-01 Legislation Act 2012


1: Title
This Act is the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Electoral Act 1993 principal Act 2020-07-02 Electoral Act 1993
1: Amendments relating to registration of sentenced prisoners as electors
4: Section 80 amended (Disqualifications for registration)
In section 80(1A) 86A and 86B 86A, 86AB
5: Section 86A amended (Registration of prisoners serving sentence of imprisonment of less than 3 years)
Replace section 86A(1)
1: This section applies when—
a: a prisoner who is 18 years or older—
i: is received into a prison to serve a sentence of imprisonment for a term of less than 3 years; or
ii: has their sentence of imprisonment reduced or altered on appeal, or following a retrial, to a term of less than 3 years; or
b: a prisoner turns 18 years while serving a sentence of imprisonment for a term of less than 3 years.
6: New section 86AB inserted (Registration of prisoners released after serving sentence of imprisonment of 3 years or more)
After section 86A
86AB: Registration of prisoners released after serving sentence of imprisonment of 3 years or more
1: Before a prisoner who is serving a sentence of imprisonment for a term of 3 years or more is released on parole or after serving the full sentence, the prison manager must, if the prisoner is 18 years or older,—
a: advise the prisoner that if they are a New Zealand citizen or a permanent resident of New Zealand (as defined in section 73) they will, on release, be qualified to be registered as an elector of an electoral district, and are required by section 82 to apply to the Electoral Commission, within 1 month after their release, for registration; and
b: ask the prisoner whether they want their enrolment details sent to the Electoral Commission to facilitate their registration as an elector.
2: If the prisoner wants their enrolment details sent to the Electoral Commission to facilitate their registration as an elector, section 86B applies.
7: Section 86B amended (Prison manager to collect and send enrolment information to Electoral Commission)
1: In section 86B(1) section 86A or 86AB
2: Replace section 86B(2)
2: The prison manager must collect the enrolment information provided by a prisoner and send that information to the Electoral Commission as soon as is reasonably practicable—
a: after collecting the information, if the information is collected from a prisoner referred to in section 86A; or
b: after the prisoner’s release from prison, if the information is collected from a prisoner referred to in section 86AB
3: After section 86B(4)
5: If, at any time after a prison manager sends a prisoner’s information to the Electoral Commission, the overall length of a prisoner’s sentence or sentences of imprisonment changes in a way that results in the prisoner becoming disqualified for registration as an elector under section 80(1)(d), the prison manager must advise the Electoral Commission.
8: Section 86D amended (Delegation of prison manager’s functions under sections 86A and 86B)
1: In the heading to section 86D 86A and 86B 86A, 86AB
2: In section 86D(1) and (2), replace 86A and 86B 86A, 86AB
9: Section 86E amended (Prison manager to communicate with prisoner in way prisoner can understand)
In section 86E, replace 86A and 86B 86A, 86AB
2: Amendment relating to removal of names from roll
10: Section 98 amended (Removal of names from roll by Electoral Commission)
1: In section 98(1)(f)(i) Commission ; or
2: After section 98(1)(f)(i)
ii: is notified to the Electoral Commission under section 81:


1: Title
This Act is the COVID-19 Recovery (Fast-track Consenting) Act 2020.
2: Commencement
This Act comes into force on the day after it receives the Royal assent.
1: Preliminary provisions
3: Repeal of this Act
1: This Act is repealed on 8 July 2023.
2: See section 8 Schedule 1 2023-07-08 COVID-19 Recovery (Fast-track Consenting) Act 2020 2023-07-08 COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 5) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 7) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 8) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 9) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 10) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 11) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 12) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 13) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 14) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 15) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 16) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 17) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 18) 2021 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 5) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 7) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 8) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 9) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 10) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 11) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 12) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 13) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 14) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 15) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 16) 2022 COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (Great South Homes Park and Waikanae North) 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Glen Innes to Tāmaki Drive Shared Path) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Rangiriri Solar Farm and Waerenga Solar Farm) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Wooing Tree Stage 4 and Wairatahi) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Metlifecare Retirement Village—Karori) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Quarterdeck and North) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Holly Lea Village and Man Street Hotel) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Auckland Surf Park Community) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Harmony Energy Solar Farms) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Hansen Road and Moy Estate) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Maraekakaho, Kings, and Brookby Quarries) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Ōtaki Māori Racecourse Development) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Summerset Rotorua and Foundation Village) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Wairau Housing Development) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Rotokauri Greenway and Minor Arterial Transport Corridor) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Taheke Geothermal Project and Te Rere Hau Wind Farm Extension) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Arawhata Wetland) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Plimmerton Farm, Jamaica Rise, and Peachgrove) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Stevensons Crescent and Verran Mews) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Ngongotahā Housing Development and Lincoln Retirement Village) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Marton and Ōpunake Solar Farms) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Aquaculture Trials and Whenuapai Development) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Hobsonville Road Retirement Village, The Pitau, and Te Puru Business Park) Amendment Order 2023 COVID-19 Recovery (Fast-track Consenting) Referred Projects (Waiuku and Southland Wind Farms) Amendment Order 2023 See Schedule 1 clause 1(1): An Order in Council made under this Act is revoked on the day this Act is repealed. Section 3(1) replaced 3 November 2021 clause 7 COVID-19 Response (Management Measures) Legislation Act 2021
4: Purpose
The purpose of this Act is to urgently promote employment to support New Zealand’s recovery from the economic and social impacts of COVID-19 and to support the certainty of ongoing investment across New Zealand, while continuing to promote the sustainable management of natural and physical resources.
5: Overview
1: This Part contains preliminary provisions.
2: Part 2
3: Schedule 1
4: Schedule 2
5: Schedule 3
6: Schedule 4
7: Schedule 5
8: Schedule 6
6: Treaty of Waitangi
In achieving the purpose of this Act, all persons performing functions and exercising powers under it must act in a manner that is consistent with—
a: the principles of the Treaty of Waitangi
b: Treaty settlements.
7: Interpretation
1: In this Act, unless the context otherwise requires,— application for referral section 20 authorised person
a: in relation to a listed project, means a person identified as such in Schedule 2
b: in relation to a referred project, means a person identified as such in the relevant referral order ( see clause 2(a) coastal marine area section 2(1) consent applicant clause 2 consent application clause 2 customary marine title customary marine title area customary marine title group customary marine title order section 9(1) designation section 166 effect section 3 Environment Judge
a: means a judge appointed under section 250
b: includes a Māori Land Court judge who holds a warrant to sit in the Environment Court EPA section 7 existing expert consenting panel panel Schedule 5 infrastructure section 2(1) iwi aquaculture organisation section 4 land returned under a Treaty settlement listed project Schedule 2 local authority section 5(1) mandated iwi organisation section 5 Minister
a: the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; and
b: in subpart 1 section 16 Ministry notice of requirement section 168 permitted activity subpart 2 section 31 permitted activity standards subpart 2 Schedule 4 person section 2(1) post-settlement governance entity
a: means a body corporate or the trustees of a trust established by a claimant group for the purposes of receiving redress or participating in arrangements established under a Treaty settlement Act; and
b: includes an entity established to represent a collective or combination of claimant groups project proposed plan section 43AAC protected customary right protected customary rights area protected customary rights group section 9(1) referral order section 27 referred project relevant iwi authority
a: in relation to work on infrastructure referred to in subpart 2
b: in relation to listed projects and referred projects and in the rest of this Act, means an iwi authority whose area of interest includes the area in which a project will occur relevant local authority
a: in relation to work on infrastructure referred to in subpart 2
b: in relation to listed projects and referred projects and in the rest of the Act, means the local authority whose district or region the project is in and, if the project is in 2 or more districts or regions, each local authority whose region or district part of the project is in requiring authority section 166 clause 2 sustainable management section 5(2) Treaty settlement
a: a Treaty settlement Act; or
b: a Treaty settlement deed Treaty settlement Act
a: an Act listed in Schedule 3
b: for the purposes only of this Act, the following:
i: Maori Commercial Aquaculture Claims Settlement Act 2004
ii: Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
iii: Nga Wai o Maniapoto (Waipa River) Act 2012
iv: Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Treaty settlement deed
a: has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
b: is in settlement of the claims of that group, or in express anticipation, or on account, of that settlement; but
c: does not include an agreement in principle or any document that is preliminary to a signed and ratified deed Treaty settlement entity
a: a post-settlement governance entity:
b: a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under a Treaty settlement Act:
c: an entity or a person that is authorised to act for a natural resource with legal personhood:
d: a mandated iwi organisation:
e: an iwi aquaculture organisation work on infrastructure section 30 working day section 2(1)
2: Terms used in this Act that are not defined in this Act have the same meanings as they have in the Resource Management Act 1991
3: Terms used in this Act that are not defined in this Act have the same meanings as they have in the Marine and Coastal Area (Takutai Moana) Act 2011 Resource Management Act 1991 Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
9: Act binds the Crown
This Act binds the Crown.
10: Procedural principles
1: Every person performing functions and exercising powers under this Act must take all practicable steps to use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions, duties, or powers being performed or exercised.
2: This includes a duty to act promptly in circumstances where no time limit has been set for the performance or exercise of a function, power, duty, or requirement under this Act.
3: However, a failure to comply with this section does not of itself invalidate the performance of a function or duty or the exercise of a power under this Act.
11: Electronic service of documents
1: This section applies to any document that is to be served on a person for the purpose of this Act, including—
a: an application; and
b: comments sought on any matter; and
c: notice of a decision and any document related to the decision; and
d: written notice of any other matter.
2: Unless it is impracticable to do so, the document must be sent electronically to the electronic address provided for that purpose.
3: Any time frame that applies under this Act, and that is expressed in relation to when notice is given, or an application made, or comments sought, must be calculated, if the document is sent electronically, from the date of electronic receipt.
4: However, subsection (2)
a: does not apply to a document that is to be served on a person to commence, or in the course of, court proceedings if the court requires a different method of service (whether expressly or in its rules or practices); and
b: does not override the provisions of the Electronic Courts and Tribunals Act 2016
5: If electronic service of the document is impracticable, the document may be served in accordance with section 352(1)(b) and (2) to (5) section 353
12: Relationship between this Act and Resource Management Act 1991
1: This section applies except as otherwise provided in, or required by the context of, this Act. Listed projects and referred projects
2: If an application for resource consent for an activity is made under this Act,—
a: the process for obtaining a consent under Schedule 6 Resource Management Act 1991
b: a resource consent granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were granted under the Resource Management Act 1991
3: If a notice of requirement is lodged under this Act,—
a: the process for confirming or modifying a designation under Schedule 6 Resource Management Act 1991
b: a designation confirmed or modified under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were confirmed or modified under the Resource Management Act 1991
4: A certificate of compliance issued by a panel under clause 27 section 139 Work on infrastructure
5: If an activity is undertaken, in reliance on this Act, as a permitted activity in the course of work on infrastructure,—
a: subpart 2 Schedule 4
i: the relevant plan or proposed plan; or
ii: the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011
b: the permitted activities and associated permitted activity standards in Schedule 4
i: any other national environmental standard; or
ii: any conditions that apply to an existing resource consent or designation.
6: Subsections (7) and (8)
a: an activity is already classified as a permitted activity under the relevant plan or proposed plan, or under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 regulations
b: a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the plan or the regulations (the existing requirements, conditions, and permissions
7: If the existing requirements, conditions, and permissions are more stringent than the applicable permitted activity standards,—
a: the activity may be undertaken in the course of work on infrastructure as a permitted activity in reliance on this Act, subject to the conditions in section 29(2)
b: subsection (5)
8: However, if the existing requirements, conditions, and permissions are more lenient than the applicable permitted activity standards, the activity may be undertaken in the course of work on infrastructure in reliance on the plan or the regulations rather than in reliance on this Act. General
9: Every person who carries out an activity as part of a listed project or a referred project, or in the course of work on infrastructure, is subject to—
a: the duty to avoid unreasonable noise under section 16
b: the duty to avoid, remedy, or mitigate adverse effects under section 17
10: The provisions of the Resource Management Act 1991
13: Appeals and judicial review
1: Nothing in this Act limits or affects any right of judicial review a person may have in respect of any matter to which this Act applies.
2: However, if a person wishes to apply for judicial review of a final decision of a panel under clause 37
3: If an application for judicial review and an appeal are lodged together, the High Court must try to hear the proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case. 2010 No 37 s 159
2: Fast-track consenting
1: Projects considered by expert consenting panel
Listed and referred projects
14: Expert consenting panel considers listed projects and referred projects
An expert consenting panel must be appointed under Schedule 5
a: each project described in Schedule 2 listed project
b: each project or part-project referred to an expert consenting panel in accordance with this subpart (a referred project
15: How expert consenting panel considers projects
1: An authorised person for a listed project or a referred project—
a: may apply under this Act, instead of under the Resource Management Act 1991
b: may, if the person is a requiring authority, lodge a notice of requirement under this Act, instead of under the Resource Management Act 1991
2: The authorised person for a project is,—
a: for a listed project,—
i: any person or entity authorised to undertake the project, as identified in Schedule 2
ii: if that person or entity is KiwiRail Holdings Limited, the New Zealand Transport Agency, or a government department, any person they authorise to act on their behalf for the purposes of this Act; and
b: for a referred project, the person identified as the authorised person in the Order in Council made under section 27 referral order
3: Schedule 6
a: the requirements for consent applications to be made to, and notices of requirement to be lodged with, the EPA; and
b: how the EPA provides applications and notices of requirement to the panel appointed for a project; and
c: how the panel makes decisions.
4: To avoid doubt, a person—
a: cannot apply under this Act for a change or cancellation of an existing consent ( see section 127
b: may lodge a notice of requirement under this Act to alter an existing designation. Referral of projects
16: Who makes referral decisions
1: Decisions under this subpart that relate to the referral of a project to an expert consenting panel must be made—
a: jointly by the Minister for the Environment and the Minister of Conservation, if any part of the project would occur in the coastal marine area; or
b: by the Minister for the Environment alone in any other case.
2: In relation to a decision that must be made jointly by both Ministers, any reference in this subpart to the Minister
17: How Minister satisfies obligations under section 6 (Treaty of Waitangi)
1: The Minister’s obligations under section 6 section 24
2: The report must be prepared by the Ministry in consultation with the Office for Māori Crown Relations—Te Arawhiti.
3: The report must identify the following:
a: the relevant iwi authorities and relevant Treaty settlement entities:
b: the Treaty settlements that relate to the project area:
c: the relevant principles and provisions in those Treaty settlements, including those that relate to the composition of a decision-making body for the purposes of the Resource Management Act 1991
d: any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the project area:
e: any court orders that recognise, in relation to the project area, protected customary rights or customary marine title, whether the court orders are granted under the Marine and Coastal Area (Takutai Moana) Act 2011
18: Criteria for projects that may be referred
1: A project is not eligible to be referred to an expert consenting panel unless it meets all the criteria set out in this section.
2: The Minister must be satisfied that the project will help to achieve the purpose of this Act ( see section 19
3: The project must not include any of the following activities:
a: an activity that is described as a prohibited activity in the Resource Management Act 1991
b: an activity that—
i: would occur on land returned under a Treaty settlement; and
ii: has not been agreed to in writing by the relevant landowner:
c: an activity that—
i: would occur in a customary marine title area under the Marine and Coastal Area (Takutai Moana) Act 2011
ii: has not been agreed to in writing by the holder of the relevant customary marine title order issued under that Act:
d: an activity that—
i: would occur in a protected customary rights area under the Marine and Coastal Area (Takutai Moana) Act 2011
ii: has not been agreed to in writing by the holder of a relevant protected customary rights recognition order issued under that Act.
4: To avoid doubt,—
a: a project may be in the form of a single large project or any number of related projects, and the projects may cross local authority boundaries; and
b: even if a project or part of a project meets all the criteria in this section, the Minister may decide not to refer it to an expert consenting panel ( see section 23
19: Whether project helps to achieve purpose of Act
In considering, for the purpose of section 18(2)
a: the project’s economic benefits and costs for people or industries affected by COVID-19:
b: the project’s effect on the social and cultural well-being of current and future generations:
c: whether the project would be likely to progress faster by using the processes provided by this Act than would otherwise be the case:
d: whether the project may result in a public benefit by, for example,—
i: generating employment:
ii: increasing housing supply:
iii: contributing to well-functioning urban environments:
iv: providing infrastructure in order to improve economic, employment, and environmental outcomes, and increase productivity:
v: improving environmental outcomes for coastal or freshwater quality, air quality, or indigenous biodiversity:
vi: minimising waste:
vii: contributing to New Zealand’s efforts to mitigate climate change and transition more quickly to a low-emissions economy (in terms of reducing New Zealand’s net emissions of greenhouse gases):
viii: promoting the protection of historic heritage:
ix: strengthening environmental, economic, and social resilience, in terms of managing the risks from natural hazards and the effects of climate change:
e: whether there is potential for the project to have significant adverse environmental effects, including greenhouse gas emissions:
f: any other matter that the Minister considers relevant.
20: Application for referral
1: Any person may apply to the Minister for a project to be referred to an expert consenting panel.
2: The application—
a: must include the information specified in subsection (3)
b: need only provide a general level of detail, sufficient to inform the Minister’s decision on the application, as opposed to the level of detail that an expert consenting panel would require to be provided in applications for resource consents or in notices of requirement.
3: The information to be included in the application is as follows: Proposal and effects
a: a description of the proposed project and the activities it involves:
b: the approximate geographical location of the project (which may be included in the form of a map):
c: the anticipated commencement and completion dates for construction activities (where relevant):
d: a statement of whether the project is planned to proceed in stages and, if so, an outline of the nature and timing of the staging:
e: a description of the anticipated and known adverse effects of the project on the environment:
f: a general assessment of the project in relation to national policy statements and national environmental standards (as those terms are defined in the Resource Management Act 1991 Alignment with criteria
g: an explanation of how the project meets the criteria in section 18 Persons affected
h: a list of the persons the applicant considers are likely to be affected by the project, including relevant local authorities, relevant iwi authorities, and relevant Treaty settlement entities:
i: a summary of any consultation already undertaken on the project with the persons referred to in paragraph (h)
j: a list of any Treaty settlements that apply to the geographical location of the project, and a summary of the relevant principles and provisions in those settlements: What is needed to complete the project
k: a description of the applicant’s legal interest (if any) in the land on which the project will occur, including a statement of how that affects the applicant’s ability to undertake the work:
l: an outline of the types of resource consents and any designations, or changes to designations, that the applicant considers are needed to authorise the project, including any that the applicant considers may be needed by someone other than the applicant:
m: a description of other legal authorisations (other than contractual) that the applicant considers may be required to commence the project (for example, authorities under the Heritage New Zealand Pouhere Taonga Act 2014 Conservation Act 1987 Other matters
n: a statement of whether the applicant has already made consent applications or lodged notices of requirement under the Resource Management Act 1991
o: a description of whether and how the project would be affected by climate change and natural hazards:
p: a summary of compliance or enforcement actions (if any) taken against the applicant by a local authority or the EPA under the Resource Management Act 1991
4: The Secretary for the Environment must approve an application form for the purpose of this section and ensure that it is made available on an Internet site maintained by or on behalf of the Ministry.
5: The application must be made in the approved form.
21: Process after Minister receives application
1: This section applies if the Minister receives an application under section 20
2: Unless the Minister decides to decline the application before inviting comments ( see section 23
a: the relevant local authorities; and
b: the relevant Ministers.
3: The Minister may also copy the application to, and invite written comments from, any other person.
4: Anyone who is invited to provide written comments under this section has 10 working days from the receipt of the copy of the application to do so.
5: The Minister is not required to consider any comments received after that time, but may do so, in the Minister’s absolute discretion, as long as the Minister has not already made decisions on the application.
6: In this section, relevant Minister
a: Arts, Culture, and Heritage:
b: Conservation:
c: Climate Change:
d: Defence:
e: Education:
f: Housing:
g: Infrastructure:
h: Land Information:
i: Local Government:
j: Māori Crown Relations—Te Arawhiti:
k: Transport:
l: Treaty of Waitangi Negotiations:
m: Urban Development:
n: any other Portfolio to which the Minister considers the application is relevant.
22: Minister may request information
1: The Minister may request further information about an application for referral from the applicant or the relevant local authorities, to be provided within the time frame specified in the request.
2: The Minister is not required to consider any information provided after that time, but may do so, in the Minister’s absolute discretion, as long as the Minister has not already made decisions on the application.
3: A request may be made at any time before a decision on the application is made under section 23 24
23: Decision to decline application for referral
1: The Minister must decline an application for referral if the Minister is satisfied that a project does not meet the referral criteria in section 18
2: The Minister may decline an application for any other reason, whether or not the project meets the referral criteria.
3: A decision to decline an application may be made—
a: before or after a report on the application is obtained under section 17
b: before or after comments on the application are invited under section 21
c: whether or not further information on the application is requested and provided under section 22
4: However, if a report has been obtained, or if comments or further information have been sought and provided within the required time frame, the Minister must consider those things, along with the application, before deciding to decline the application.
5: Reasons to decline an application under subsection (2)
a: the applicant has not provided enough information for the Minister to determine whether the project meets the criteria in section 18
b: it would be more appropriate for the project, or part of the project, to go through the standard consenting or designation process under the Resource Management Act 1991
c: the project is inconsistent with a relevant national policy statement:
d: directing the project to a panel would be inconsistent with a Treaty settlement:
e: the project involves an activity that would occur on land that the Minister for Treaty of Waitangi Negotiations considers necessary for Treaty settlement purposes:
f: the applicant has a poor history of environmental regulatory compliance:
g: there is insufficient time for the application to be referred and considered before this Act is repealed.
6: Subsection (5)
7: A decision under this section may be made in respect of all or part of the project that is the subject of an application for referral, and the Minister may decline some parts of an application and accept others.
24: Decision to accept application for referral
1: Before deciding to accept an application for referral, the Minister must consider—
a: the application; and
b: the report obtained under section 17
c: any comments received under section 21
d: any further information requested and provided under section 22
2: If the Minister is satisfied that all or part of a project meets the referral criteria in section 18
a: to refer all or part of a project to an expert consenting panel:
b: to refer the initial stages of a project to the panel while deferring decisions about the project’s remaining stages:
c: to specify restrictions that apply to the project (for example, on its geographical location, duration, or the activities that comprise the project):
d: to specify information that must be submitted to the panel—
i: with a consent application (in addition to the information required by clause 9
ii: with a notice of requirement (in addition to the information required by clause 13
e: to specify persons or groups, in addition to those specified in clause 17
f: to set specific time frames for the panel to process a resource consent or notice of requirement, which may differ from the time frames specified in clause 37
3: A decision under this section may be made in respect of all or part of the project that is the subject of an application for referral, and the Minister may accept some parts of an application and decline others.
25: Notice of decisions on application for referral
1: The Minister must give notice of the decisions made on an application for referral, and the reasons for them, to—
a: the applicant; and
b: anyone invited to comment on the application under section 21
2: If the decisions include a decision to refer all or part of the project to an expert consenting panel, the Minister must also give notice of the decisions and reasons to—
a: the EPA; and
b: the panel convener appointed under clause 2
c: the relevant iwi authorities and Treaty settlement entities identified in the report obtained under section 17
d: any other iwi authorities or Treaty settlement entities that the Minister considers have an interest in the matter; and
e: any group that is a party to—
i: a joint management agreement under the Resource Management Act 1991
ii: a Mana Whakahono a Rohe entered into under the Resource Management Act 1991
3: After making decisions on an application for referral, the Minister must ensure that the decisions, the reasons for them, and the report obtained under section 17
26: How project is referred
1: This section applies if the Minister decides to refer a project or part of a project to an expert consenting panel.
2: The Minister must—
a: recommend that a referral order be made under section 27 section 24
b: provide to the EPA, and to the panel convener appointed under clause 2
i: the report obtained under section 17
ii: any comments received under section 21
27: Order in Council to refer project to expert consenting panel
1: The Governor-General may, by Order in Council (a referral order
2: A referral order may only be made on the recommendation of the Minister and must give effect to the Minister’s decisions under section 24
3: A referral order must comply with the requirements set out in Schedule 3
4: A referral order may be amended by Order in Council,—
a: in the case of a substantive amendment, only if an application for referral is made and considered under this subpart for the project as amended; and
b: in the case of an amendment to correct a minor error or omission, without any need for an application to be made or considered under this subpart and without having to comply with the requirements set out in Schedule 3
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Functions of EPA
28: Functions of EPA
1: The purpose of this section is to ensure that the functions of the EPA, as set out in section 13 EPA Act
2: For the purpose of section 13(b) environmental Act section 5
2: Work on infrastructure
29: Work on infrastructure: permitted activities
1: In the course of work on infrastructure, certain activities may be undertaken as permitted activities (that is, activities for which a resource consent is not required under the Resource Management Act 1991
2: However,—
a: the work must meet the criteria set out in section 30
b: the activities must meet the criteria set out in section 31 section 32
c: the agency must comply with section 33
3: See section 12(5) to (8) Resource Management Act 1991
4: See section 34 Schedule 4
30: Criteria for work on infrastructure
1: For the purposes of this subpart, work on infrastructure must meet all the criteria set out in this section.
2: The work may only be carried out by the following agencies:
a: KiwiRail Holdings Limited:
b: the New Zealand Transport Agency:
c: the following agencies, if they are added to clause 1 section 34
i: Kāinga Ora–Homes and Communities:
ii: the Ministry of Housing and Urban Development:
iii: any local authority.
3: The work may only be carried out on existing infrastructure.
4: The work may only be carried out at a place that meets the location requirements that apply to the agency, as set out in Schedule 4
5: In this section, existing infrastructure
31: Criteria for permitted activities
For an agency that undertakes work on infrastructure in reliance on this subpart, an activity is a permitted activity
a: the activity is—
i: identified in Schedule 4
ii: not excluded from being a permitted activity by section 32
b: the agency, when carrying out the activity, complies with the permitted activity standards that apply to the agency, as set out in Schedule 4
32: Activities excluded from being permitted activities
1: This section sets out the activities that are excluded from being permitted activities for the purpose of this subpart.
2: An activity is excluded if it is a discretionary, non-complying, or prohibited activity under—
a: the relevant plan or proposed plan; or
b: the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011
3: An activity is excluded if it would occur in any of the following places:
a: a place identified or listed in the relevant plan or proposed plan as—
i: a wāhi tapu; or
ii: any other site of cultural or historical significance; or
iii: an outstanding water body:
b: a wāhi tapu identified for the purpose of this section during the engagement process required by clause 5
4: An activity is excluded if it would involve a non-temporary take of water that would require a resource consent under the relevant plan or proposed plan.
5: An activity is excluded if it would be contrary to a water conservation order (as defined in section 200
6: An activity is excluded if it can be undertaken within the scope of an existing designation without requiring—
a: an outline plan of works to be lodged under section 176A
b: a consent under the relevant regional plan or proposed regional plan.
7: An activity is excluded to the extent that it has an existing resource consent.
33: Requirements before commencing work on infrastructure
1: An agency seeking to carry out work on infrastructure in reliance on this subpart must—
a: begin the iwi and hapū engagement process required by clauses 5 to 7
b: serve notices of intention in accordance with clauses 8 and 9
2: The agency must also comply with any other applicable permitted activity standard that requires something to be done before the work commences.
34: Order in Council to add agencies for work on infrastructure
1: The Minister must not recommend that an Order in Council be made under this section unless the Minister is satisfied that—
a: the change made by the order will help to achieve the purpose of this Act; and
b: the recommendation is consistent with section 6
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend clause 1 see section 30(2)
a: Kāinga Ora–Homes and Communities:
b: the Ministry of Housing and Urban Development:
c: any local authority.
3: The order must also amend Schedule 4
a: set the location requirements for the agency’s work on infrastructure; and
b: specify the permitted activities for the agency; and
c: specify any activities, in addition to those listed in section 32
d: specify the permitted activity standards that apply to the agency.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Monitoring and enforcement
1: A local authority may—
a: monitor activities carried out as permitted activities in reliance on this subpart, if the activities are located in the authority’s region or district; and
b: take appropriate action using the methods available to it under the Resource Management Act 1991
2: A local authority may fix charges, payable by agencies carrying out work on infrastructure, for monitoring the activities.
3: Sections 36(1A) to (8) 36AAA 36AAB subsection (2)
4: A local authority may rely on charges fixed under section 36(1)(c)