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Acts
Resource Management Act 1991
Transitional provisions
Transitional resource consents
398: Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries

Part 1:
Interpretation and application

2Interpretation 2AADefinitions relating to notification 2ABMeaning of public notice 2ACAvailability of documents 2ASuccessors 3Meaning of effect 3APerson acting under resource consent with permission 3BTransitional, savings, and related provisions 4Act to bind the Crown 4AApplication of this Act to ships and aircraft of foreign States

Part 2:
Purpose and principles

5Purpose 6Matters of national importance 7Other matters 8Treaty of Waitangi

Part 3:
Duties and restrictions under this Act

Part 4:
Functions, powers, and duties of central and local government

Functions, powers, and duties of Ministers

24Functions of Minister for the Environment 24APower of Minister for the Environment to investigate and make recommendations 25Residual powers of Minister for the Environment 25AMinister may direct preparation of plan, change, or variation 25BMinisters may direct commencement of review 26Minister may make grants and loans 27Minister may require local authorities to supply information 28Functions of Minister of Conservation 28ARegional council must supply information to Minister of Conservation 28BFunctions of Minister of Aquaculture 29Delegation of functions by Ministers 29ARestriction on Ministerial direction

Functions, powers, and duties of local authorities

30Functions of regional councils under this Act 31Functions of territorial authorities under this Act 31AMinister of Conservation to have certain powers of local authority 32Requirements for preparing and publishing evaluation reports 32AARequirements for undertaking and publishing further evaluations 32AFailure to carry out evaluation 33Transfer of powers 33Transfer of powers 34Delegation of functions, etc, by local authorities 34ADelegation of powers and functions to employees and other persons 35Duty to gather information, monitor, and keep records 35ADuty to keep records about iwi and hapu 36Administrative charges 36AAACriteria for fixing administrative charges 36AABOther matters relating to administrative charges 36AALocal authority policy on discounting administrative charges

Duties of local authorities and applicants

36ANo duty under this Act to consult about resource consent applications and notices of requirement

Powers and duties of local authorities and other public authorities

36BPower to make joint management agreement 36CLocal authority may act by itself under joint management agreement 36DEffect of joint management agreement 36ETermination of joint management agreement

Waivers and extension of time limits

37Power of waiver and extension of time limits 37ARequirements for waivers and extensions 37BPersons to have powers of consent authority for purposes of sections 37 and 37A

Enforcement officers

38Authorisation and responsibilities of enforcement officers

Powers and duties in relation to hearings

39Hearings to be public and without unnecessary formality 39AAHearing using remote access facilities 39AAccreditation 39BPersons who may be given hearing authority 39CEffect of lack of accreditation 40Persons who may be heard at hearings 41Provisions relating to hearings 41AControl of hearings 41BDirections to provide evidence within time limits 41CDirections and requests before or at hearings 41DStriking out submissions 42Protection of sensitive information

Reports

42AReports to local authority

Information for post-settlement governance entities

42AAProvision of relevant information to post-settlement governance entity

Part 4A:
Environmental Protection Authority

42BEstablishment of Environmental Protection Authority 42CFunctions of EPA 42CACost recovery for specified function of EPA 42DSecretary for the Environment to exercise functions of EPA

Part 5:
Standards, policy statements, and plans

43AAInterpretation 43AABMeaning of district rule and regional rule 43AACMeaning of proposed plan

National direction

National environmental standards

National policy statements

New Zealand coastal policy statements

56Purpose of New Zealand coastal policy statements 57Preparation of New Zealand coastal policy statements 58Contents of New Zealand coastal policy statements 58AIncorporation of material by reference in New Zealand coastal policy statements

National planning standards

Publication of documents

58KObligation to publish documents

Mana Whakahono a Rohe: Iwi participation arrangements

58LDefinitions

Purpose and guiding principles

58MPurpose of Mana Whakahono a Rohe 58NGuiding principles

Initiating Mana Whakahono a Rohe

58OInitiation of Mana Whakahono a Rohe 58POther opportunities to initiate Mana Whakahono a Rohe 58QTime frame for concluding Mana Whakahono a Rohe

58RContents of Mana Whakahono a Rohe 58SResolution of disputes that arise in course of negotiating Mana Whakahono a Rohe 58TReview and monitoring 58URelationship with iwi participation legislation

Local authority policy statements and plans

Regional policy statements

59Purpose of regional policy statements 60Preparation and change of regional policy statements 61Matters to be considered by regional council (policy statements)62Contents of regional policy statements

Regional plans

63Purpose of regional plans 64Preparation and change of regional coastal plans 64AImposition of coastal occupation charges 65Preparation and change of other regional plans 66Matters to be considered by regional council (plans)67Contents of regional plans 68Regional rules 68ARegional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities 69Rules relating to water quality 70Rules about discharges

Rules relating to discharge of greenhouse gases

70AApplication to climate change of rules relating to discharge of greenhouse gases 70BImplementation of national environmental standards 71Rules about esplanade reserves on reclamation

District plans

72Purpose of district plans 73Preparation and change of district plans 74Matters to be considered by territorial authority 75Contents of district plans 76District rules 77Rules about esplanade reserves on subdivision and road stopping

Additional provisions for regional rules and district rules

77APower to make rules to apply to classes of activities and specify conditions 77BDuty to include certain rules in relation to controlled or restricted discretionary activities 77CCertain activities to be treated as discretionary activities or prohibited activities 77DRules specifying activities for which consent applications must be notified or are precluded from being notified 77ELocal authority may make rule about financial contributions

Interpretation of sections 77F to 77T and Schedule 3A

77FInterpretation

Intensification requirements in residential zones

77GDuty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones 77HRequirements in Schedule 3A may be modified to enable greater development 77IQualifying matters in applying medium density residential standards and policy 3 to relevant residential zones 77JRequirements in relation to evaluation report 77KAlternative process for existing qualifying matters 77LFurther requirement about application of section 77I(j)77MEffect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations

Intensification requirements in non-residential zones

77NDuty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones 77OQualifying matters in application of intensification policies to urban non-residential areas 77PRequirements governing application of section 77O 77QAlternative process for existing qualifying matters 77RFurther requirements about application of section 77O(j)

Amendment of NPS-UD

77SAmendment of NPS-UD

Financial contributions

77TReview of financial contributions provisions

Certain provisions of NPSIB 2023 suspended for 3-year period

78Time-limited modifications to NPSIB 2023

Miscellaneous provisions

78Withdrawal of proposed policy statements and plans 78ACombined regional and district documents

Review

79Review of policy statements and plans 79ALocal authority not required to commence full plan review after Natural and Built Environment Act 2023 receives Royal assent 79AAApplication of temporary provisions in respect of section 79 79ACircumstance when further review required 79BConsequence of review under section 79A

Combined documents

80Combined regional and district documents

Freshwater planning process

80AFreshwater planning process

Streamlined planning process

80BPurpose, scope, application of Schedule 1, and definitions 80CApplication to responsible Minister for direction

Intensification planning instruments and intensification streamlined planning process

80DWhat this subpart and Part 6 of Schedule 1 do

Intensification planning instruments

80EMeaning of intensification planning instrument 80FSpecified territorial authority must notify IPI 80GLimitations on IPIs and ISPP 80HIPI must show how MDRS are incorporated

Tier 2 territorial authorities

80IRegulations requiring tier 2 territorial authority to change district plan

Tier 3 territorial authorities

80JTier 3 territorial authority may request regulations requiring territorial authority to change district plan 80KRegulations requiring tier 3 territorial authority to change district plan

Ministerial direction

80LMinister may make direction 80MAmendment of direction 80NSpecified territorial authority must comply with direction

Miscellaneous matters

81Boundary adjustments 82Disputes 82ADispute relating to review under section 79A 83Procedural requirements deemed to be observed 84Local authorities to observe their own policy statements and plans 85Environment Court may give directions in respect of land subject to controls

Plan must not allow activity that prevents protected customary rights

85APlan or proposed plan must not include certain rules 85AAPlan must be updated to reflect changes to aquaculture settlement area 85BProcess to apply if plan or proposed plan does not comply with section 85A 86Power to acquire land

Legal effect of rules

86APurpose of sections 86B to 86G 86BWhen rules in proposed plans have legal effect 86BAImmediate legal effect of rules in IPI prepared using ISPP 86CWhen rule has legal effect if decision to delay its effect is rescinded 86DEnvironment Court may order rule to have legal effect from date other than standard date 86ELocal authorities must identify rules having early or delayed legal effect 86FWhen rules in proposed plans must be treated as operative 86GRule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act

Part 6:
Resource consents

87AAThis Part subject to Part 6A 87AABMeaning of boundary activity and related terms 87AACMeaning of fast-track application 87AADOverview of application of this Part to boundary activities and fast-track applications 87AAEOther fast-track consenting process 87Types of resource consents 87AClasses of activities 87BCertain activities to be treated as discretionary activities or prohibited activities 87BABoundary activities approved by neighbours on infringed boundaries are permitted activities 87BBActivities meeting certain requirements are permitted activities

Streamlining decision-making on resource consents

87CSections 87D to 87I apply to resource consent applications 87DRequest for application to go directly to Environment Court 87EConsent authority’s decision on request 87FConsent authority's subsequent processing 87GEnvironment Court determines application 87HResidual powers of consent authority 87IWhen consent authority must determine application

Application for resource consent

88Making an application 88ADescription of type of activity to remain the same 88BTime limits from which time periods are excluded in relation to applications 88CExcluded time periods relating to provision of further information 88DExcluded time periods relating to direct referral 88EExcluded time periods relating to other matters 88FExcluded time periods relating to pre-request aquaculture agreements 88GExclusion of period when processing of non-notified application suspended 88HExcluded time periods relating to non-payment of administrative charges 88IExcluded time periods under Urban Development Act 2020 89Applications to territorial authorities for resource consents where land is in coastal marine area 89AApplications affecting navigation to be referred to Maritime New Zealand 90Distribution of application to other authorities 91Deferral pending application for additional consents 91AApplicant may have processing of notified application suspended 91BWhen suspension of processing of notified application ceases 91CNotified application may be returned if suspended after certain period 91DApplicant may have processing of non-notified application suspended 91EWhen suspension of processing of non-notified application ceases 91FNon-notified application may be returned after certain period

Further information

92Further information, or agreement, may be requested 92AResponses to request 92BResponses to notification

Notification of applications

93When public notification of consent applications is required 94When public notification of consent applications is not required 94AForming opinion as to whether adverse effects are minor or more than minor 94BForming opinion as to who may be adversely affected 94CPublic notification if applicant requests or if special circumstances exist 94DWhen public notification and service requirements may be varied

Public notification and limited notification of applications

95Time limit for public notification or limited notification 95APublic notification of consent applications 95BLimited notification of consent applications 95CPublic notification of consent application after request for further information or report 95DConsent authority decides if adverse effects likely to be more than minor 95EConsent authority decides if person is affected person 95FMeaning of affected protected customary rights group 95GMeaning of affected customary marine title group

Submissions on applications

96Making submissions 97Time limit for submissions 98Advice of submissions to applicant

Pre-hearing meetings and mediation

99Pre-hearing meetings 99AMediation

Hearings

100Obligation to hold a hearing 100AHearing by commissioner if requested by applicant or submitter 101Hearing date and notice 102Joint hearings by 2 or more consent authorities 103Combined hearings in respect of 2 or more applications 103ATime limit for completion of hearing of notified application 103BRequirement to provide report and other evidence before hearing

Decisions

104Consideration of applications 104ADetermination of applications for controlled activities 104BDetermination of applications for discretionary or non-complying activities 104CDetermination of applications for restricted discretionary activities 104DParticular restrictions for non-complying activities

Decisions on applications relating to discharge of greenhouse gases

104EApplications relating to discharge of greenhouse gases 104FImplementation of national environmental standards 104GConsideration of activities affecting drinking water supply source water 105Matters relevant to certain applications 106Consent authority may refuse subdivision consent in certain circumstances 107Restriction on grant of certain discharge permits 107ARestrictions on grant of resource consents 107BProvision for certain infrastructure works and related operations 107CCircumstances when written approval for resource consent required from holder of customary rights order 107DProcess to apply if grant of resource consent has effect of cancelling customary rights order

Decisions on applications relating to non-aquaculture activities

107EDecision on application to undertake non-aquaculture activity in aquaculture management area 107FApplications to undertake aquaculture activities 108Conditions of resource consents 108AARequirements for conditions of resource consents 108ABonds 109Special provisions in respect of bonds or covenants 110Refund of money and return of land where activity does not proceed 111Use of financial contributions 112Obligation to pay rent and royalties deemed condition of consent 113Decisions on applications to be in writing, etc 114Notification 115Time limits for notification of decision 116When a resource consent commences 116AWhen coastal permit for aquaculture activities may commence 116BWhen resource consent commences if subject to grant of application to exchange recreation reserve land

Restricted coastal activities

117Application to carry out restricted coastal activity 118Recommendation of hearing committee 119Decision on application for restricted coastal activity 119ACoastal permit for restricted coastal activity treated as if granted by regional council

Appeals

120Right to appeal 121Procedure for appeal

Nature of resource consent

122Consents not real or personal property

Duration of consent

123Duration of consent 123ADuration of consent for aquaculture activities 124Exercise of resource consent while applying for new consent 124AWhen sections 124B and 124C apply and when they do not apply 124BApplications by existing holders of resource consents 124CApplications by persons who are not existing holders of resource consents 125Lapsing of consents 126Cancellation of consent 127Change or cancellation of consent condition on application by consent holder

Review of consent conditions by consent authority

128Circumstances when consent conditions can be reviewed 129Notice of review 130Public notification, submissions, and hearing, etc 131Matters to be considered in review 132Decisions on review of consent conditions 133Powers under Part 12 not affected 133AMinor corrections of resource consents

Transfer of consents

134Land use and subdivision consents attach to land 135Transferability of coastal permits 136Transferability of water permits 137Transferability of discharge permits 138Surrender of consent 138ASpecial provisions relating to coastal permits for dumping and incineration

Certificates of compliance or existing use

139Consent authorities and Environmental Protection Authority to issue certificates of compliance 139AConsent authorities to issue existing use certificates

Decisions on proposals of national significance

Part 6AA:
Proposals of national significance

140Outline of this Part 141Interpretation 141AMinister's power to intervene 141BMinister's power to call in matters that are or are part of proposals of national significance 141CForm and effect of Minister's direction

Minister may make direction in relation to matter

Matter lodged with local authority

142Minister may call in matter that is or is part of proposal of national significance 143Restriction on when local authority may request call in 144Restriction on when Minister may call in matter 144AEPA to advise and make recommendations to Minister in relation to call-in

Matter lodged with EPA

145Matter lodged with EPA 146EPA to recommend course of action to Minister 147Minister makes direction after EPA recommendation

General provisions for matter lodged with local authority or EPA

148Proposals relating to coastal marine area 149EPA may request further information or commission report

How matter processed if direction made to refer matter to board of inquiry or court

149AEPA must serve Minister's direction on local authority and applicant 149BLocal authority's obligations if matter called in 149CEPA must give public notice of Minister's direction 149DMinister may instruct EPA to delay giving public notice pending application for additional consents 149EEPA to receive submissions on matter if public notice of direction has been given 149FEPA to receive further submissions if matter is request, change, or variation 149GEPA must provide board or court with necessary information 149HLocal authority may not notify further change or variation in certain circumstances 149ILimitation on withdrawal of change or variation

How matter decided if direction made to refer matter to board of inquiry or court

Matter decided by board of inquiry

149JMinister to appoint board of inquiry 149KHow members appointed 149KAEPA may make administrative decisions 149LConduct of inquiry 149MProcess if matter is request for regional plan or change and particular circumstances apply 149NProcess if section 149M applies or proposed plan or change not yet prepared 149OPublic notice and submissions where EPA receives proposed plan or change from local authority under section 149N 149PConsideration of matter by board 149QBoard to produce draft report 149RBoard to produce report 149RAMinor corrections of board decisions, etc 149SMinister may extend time by which board must report

Matter decided by Environment Court

149TMatter referred to Environment Court 149UConsideration of matter by Environment Court

Appeals

149VAppeal from decisions only on question of law

Miscellaneous provisions

Process after decision of board of inquiry or court on certain matters

149WLocal authority to implement decision of board or court about proposed regional plan or change or variation 149XResidual powers of local authority

Minister makes direction to refer matter to local authority

149YEPA must refer matter to local authority if direction made by Minister 149ZLocal authority must process referred matter

Minister's powers to intervene in matter

149ZAMinister's powers to intervene in matter

Process if related matter already subject to direction to refer to board of inquiry or court

149ZBHow EPA must deal with certain applications and notices of requirement 149ZCMinister to decide whether application or notice of requirement to be notified 149ZCAApplication of sections 149ZCB to 149ZCF 149ZCBPublic notification of application or notice at Minister's discretion 149ZCCLimited notification of application or notice 149ZCDPublic notification of application or notice after request for further information 149ZCEMinister to decide if adverse effects likely to be more than minor 149ZCFMinister to decide if person is affected person

Costs of processes under this Part

149ZDCosts of processes under this Part recoverable from applicant 149ZERemuneration, allowances, and expenses of boards of inquiry 149ZFLiability to pay costs constitutes debt due to EPA or the Crown 149ZGProcess may be suspended if costs outstanding 150Residual powers of authorities 150AAReference to Environment Court

Part 6A:
Aquaculture moratorium

150AInterpretation 150BMoratorium 150CEarlier expiry of moratorium in relation to specified areas 150DPending applications to be considered under rules as at end of moratorium 150ETransitional provision 150FNo compensation

Certain coastal permits continued

150GCertain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued

Part 7:
Coastal tendering

151AAPart not to apply to applications to occupy coastal marine area 151Interpretation 152Order in Council may be made requiring holding of authorisation 153Application of Order in Council 154Publication, etc, of Order in Council 155Particulars of Order in Council to be endorsed on regional coastal plan 156Effect of Order in Council 157Calling of public tenders for authorisations 158Requirements of tender 159Acceptance of tender, etc 160Notice of acceptance of tender 161Grant of authorisation 162Authorisation not to confer right to coastal permit, etc 163Authorisation transferable 164Authorisation to lapse in certain circumstances 165Tender money

Part 7A:
Occupation of common marine and coastal area

165AOverview 165ABEstablishment of aquaculture management areas 165BRelationship of Part with rest of Act 165BBSome applications for coastal permits must be cancelled 165BCCertain applications not to be processed or determined until aquaculture management area established in regional coastal plan

Managing occupation in common marine and coastal area

165CInterpretation 165DPower of consent authorities to refuse to receive applications for coastal permits 165EApplications in relation to aquaculture settlement areas

Regional coastal plan provisions relating to occupation of common marine and coastal area

165FProvisions about occupation of common marine and coastal area 165GPlan may specify allocation methods 165HRegional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan 165IOffer of authorisations for activities in common marine and coastal area in accordance with plan 165JWhen applications not to be made unless applicant holds authorisation in accordance with plan 165KPower to give directions relating to allocation of authorisations for space provided for in plan

Ministerial approval of use of method of allocating authorisations

165LRegional council may request use of allocation method 165MStay on applications following request under section 165L 165NMinister may approve use of allocation method 165OPeriod of approval 165POffer of authorisations where approved by Minister 165QWhen applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice

Authorisations

165RAuthorisation not to confer right to coastal permit 165SAuthorisation transferable 165TAuthorisation lapses in certain circumstances 165UPublic notice of offer of authorisations by regional council 165UAPublic notice of offer of authorisations by Minister of Aquaculture 165VRequirements for offers for authorisations 165WPreferential rights of iwi 165XAcceptance of offer for authorisations 165YGrant of authorisation 165YAGrant of authorisation 165ZTender money 165ZAUse of tender money

Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZBRegional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities 165ZCEffect on applications of request under section 165ZB 165ZDMinister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities 165ZDAMinister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative 165ZDBEffect on applications of suspension under section 165ZDA 165ZESubsequent requests for direction in relation to suspension of receipt of applications

Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together

165ZFRegional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities 165ZFAMinisterial power to direct applications to be processed and heard together

Processing and hearing together of applications for coastal permits

165ZFBApplication of sections 165ZFC to 165ZFH 165ZFCInterpretation 165ZFDEffect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I 165ZFEProcessing of affected applications 165ZFFHearing of affected applications 165ZFGEffect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142 165ZFHEffect of requirement that applications be processed and heard together on lodgement of applications with EPA

Duration of coastal permits for marine farms extended

165ZFHAInterpretation 165ZFHBApplication of subpart 165ZFHCExtension of coastal permits for marine farms 165ZFHDUpdating of extended coastal permits 165ZFHEConsent holder must confirm which coastal permit is operational 165ZFHFDecision to operate under extant coastal permit 165ZFHGDecision to operate under replacement permit 165ZFHHApplication of extension where coastal permit under appeal

Review of conditions applying to extended coastal permits

165ZFHIPower to undertake review 165ZFHJPurpose of review 165ZFHKConcurrence of Director-General required for review to proceed 165ZFHLProcess applying to review 165ZFHMDecision on review 165ZFHNRight of appeal 165ZFHOFinal right of appeal

Privately initiated plan changes

Order in which applications by existing consent holders are to be processed

165ZGApplication 165ZHProcessing applications for existing permit holders 165ZIApplications for space already used for aquaculture activities 165ZJAdditional criteria for considering applications for permits for space already used for aquaculture activities

Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities

165ZKApplication 165ZLInterpretation 165ZMOther provisions of Act apply subject to this subpart 165ZNApplication for coastal permit to undertake aquaculture activities 165ZOIdentifying plan change requests and concurrent applications 165ZPIncomplete concurrent application 165ZQAdditional consents 165ZRConcurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn 165ZSConsideration of plan change request 165ZTNotification of accepted plan change request 165ZUSubmissions on plan change request and concurrent application 165ZVHearing of submissions 165ZWType of activity in relation to concurrent activities 165ZXConsideration of plan change request and concurrent application 165ZYRegional council's decision on concurrent application 165ZZAppeals 165ZZAGrant of coastal permit

Part 8:
Designations and heritage orders

Designations

166Definitions 167Application to become requiring authority 168Notice of requirement to territorial authority 168ANotice of requirement by territorial authority 169Further information, notification, submissions, and hearing for notice of requirement to territorial authority 170Discretion to include requirement in proposed plan 171Recommendation by territorial authority 172Decision of requiring authority 173Notification of decision on designation 174Appeals 175Designation to be provided for in district plan 176Effect of designation 176AOutline plan 177Land subject to existing designation or heritage order 178Interim effect of requirements for designations 179Appeals relating to sections 176 to 178 180Transfer of rights and responsibilities for designations 180AWhen financial responsibility is transferred to responsible SPV 181Alteration of designation 182Removal of designation 183Review of designation which has not lapsed 184Lapsing of designations which have not been given effect to 184ALapsing of designations of territorial authority in its own district 185Environment Court may order taking of land 186Compulsory acquisition powers

Heritage orders

187Meaning of heritage order and heritage protection authority 188Application to become heritage protection authority 189Notice of requirement to territorial authority 189ANotice of requirement for heritage order by territorial authority 190Further information, notification, submissions, and hearing for notice of requirement to territorial authority 191Recommendation by territorial authority 192Application of other sections 193Effect of heritage order 193ALand subject to existing heritage order or designation 194Interim effect of requirement 195Appeals relating to sections 193 and 194 195AAlteration of heritage order 195BTransfer of heritage order 195CNotice of determination 196Removal of heritage order 197Compulsory acquisition powers 198Environment Court may order land taken, etc

Time limits from which time periods are excluded in relation to designations and heritage orders

198AATime limits from which time periods are excluded in relation to designations and heritage orders 198ABExcluded time periods relating to provision of further information 198ACExcluded time periods relating to direct referral 198ADExcluded time periods relating to other matters

Streamlining decision-making on designations and heritage orders

198ASections 198B to 198G apply to requirements under section 168 or 189 198BRequiring authority or heritage protection authority's request 198CTerritorial authority’s decision on request 198DTerritorial authority's subsequent processing 198EEnvironment Court decides 198FResidual powers of territorial authority 198GWhen territorial authority must deal with requirement 198HSections 198I to 198M apply to requirements under section 168A or 189A 198ITerritorial authority's decision 198JTerritorial authority's subsequent processing 198KEnvironment Court decides 198LResidual powers of territorial authority 198MWhen territorial authority must deal with requirement

Part 9:
Water conservation orders

199Purpose of water conservation orders 200Meaning of water conservation order 201Application for water conservation order 202Minister's obligations upon receipt of application 203Special tribunal 204Public notification of application 205Submissions to special tribunal 206Conduct of hearing 207Matters to be considered 208Special tribunal to report on application 209Right to make submissions to Environment Court 210Environment Court to hold inquiry 211Who may be heard at inquiry 212Matters to be considered by Environment Court 213Court's report 214Making of water conservation order 215Minister's obligation to state reasons for not accepting recommendation 216Revocation or variation of order 217Effect of water conservation order

Part 9A:
Freshwater farm plans

217APurpose 217BInterpretation 217CApplication of this Part 217CAWhen this Part ceases to apply 217DFarm must have certified freshwater farm plan if it meets land use threshold 217EMain duties of farm operators 217FContents of freshwater farm plan 217GCertification of freshwater farm plan 217HAudit of farm for compliance with certified freshwater farm plan 217IFunctions of regional councils 217JRecords that must be kept by regional council 217KRegional council must appoint certifiers and auditors 217KARegional council may approve industry organisation to provide certification or audit services 217LRelationship between certified freshwater farm plan and specified instruments 217MRegulations relating to freshwater farm plans

Part 9B:
Effect of nitrogenous fertiliser on freshwater quality and freshwater ecosystems

217NPurpose of this Part 217ONitrogenous fertiliser defined 217PObligation to comply with regulations 217QRegulations relating to sales information on nitrogenous fertiliser

Part 10:
Subdivision and reclamations

218Meaning of subdivision of land 219Information to accompany applications for subdivision consents 220Condition of subdivision consents 221Territorial authority to issue a consent notice 222Completion certificates

Approval and deposit of survey plans

223Approval of survey plan by territorial authority 224Restrictions upon deposit of survey plan 225Agreement to sell land or building before deposit of plan 226Restrictions upon issue of certificates of title for subdivision 226ASavings in respect of cross leases, company leases, and retirement village leases 227Cancellation of prior approvals 228Subdivision by the Crown

Esplanade reserves

229Purposes of esplanade reserves and esplanade strips 230Requirement for esplanade reserves or esplanade strips 231Esplanade reserves to vest on subdivision 232Creation of esplanade strips 233Effect of change to boundary of esplanade strip 234Variation or cancellation of esplanade strips 235Creation of esplanade strips by agreement 236Where land previously set aside or reserved 237Approval of survey plans where esplanade reserve or esplanade strips required 237AVesting of land in common marine and coastal area or bed of lake or river 237BAccess strips 237CClosure of strips to public 237DTransfers to the Crown or regional council 237ECompensation for taking of esplanade reserves or strips on allotments of less than 4 hectares 237FCompensation for taking of esplanade reserves or strips on allotments of 4 hectares or more 237GCompensation 237HValuation

Vesting of roads and reserves

238Vesting of roads 239Vesting of reserves or other land

Conditions as to amalgamation of land

240Covenant against transfer of allotments 241Amalgamation of allotments 242Prior registered instruments protected

Conditions as to easements

243Survey plan approved subject to grant or reservation of easements

Company leases and cross leases

244Company leases and cross leases

Reclamations

245Consent authority approval of a plan of survey of a reclamation 246Restrictions on deposit of plan of survey for reclamation

Part 11:
Environment Court

247Planning Tribunal re-named Environment Court 248Membership of Environment Court

Environment Judges and alternate Environment Judges

249Eligibility for appointment as an Environment Judge or alternate Environment Judge 250Appointment of Environment Judges and alternate Environment Judges 250AJudge not to undertake other employment or hold other office 250BProtocol relating to activities of Judges 251Chief Environment Court Judge 251AAppointment of acting Chief Environment Court Judge 252When an alternate Environment Judge may act

Environment Commissioners and Deputy Environment Commissioners

253Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner 254Appointment of Environment Commissioner or Deputy Environment Commissioner 255When a Deputy Environment Commissioner may act 256Oath of office

Removal and resignation of members

257Resignation 258Removal of members

Special advisors

259Special advisors

Officers of court

260Registrar and other officers

Miscellaneous provisions relating to court

261Protection from legal proceedings 262Environment Court members who are ratepayers 263Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors 264Annual report of Registrar

Constitution of court

265Environment Court sittings 266Constitution of the Environment Court not to be questioned

Conferences and additional dispute resolution

267Conferences 268Alternative dispute resolution 268AMandatory participation in alternative dispute resolution processes

Procedure and powers

269Court procedure 270Hearing matters together 271Local hearings 271ASubmitter may be party to proceedings 272Hearing of proceedings 273Successors to parties to proceedings 274Representation at proceedings 275Personal appearance or by representative 276Evidence 276AEvidence of documents 277Hearings and evidence generally to be public 277APowers of Environment Court in relation to evidence heard on appeal by way of rehearing 278Environment Court has powers of District Court 279Powers of Environment Judge sitting alone 280Powers of Environment Commissioner sitting without Environment Judge 281Waivers and directions 281ARegistrar may waive, reduce, or postpone payment of fee 281BReview of exercise of power by Registrar 282Application of Contempt of Court Act 2019 283Non-attendance or refusal to co-operate 284Witnesses' allowances 284ASecurity for costs 285Awarding costs 286Enforcing orders for costs 287Reference of questions of law to High Court 288Privileges and immunities 288AInformation regarding reserved judgments 288BRecusal guidelines 288CJudge may make order restricting commencement or continuation of proceeding 288DGrounds for making section 288C order 288ETerms of section 288C order 288FProcedure and appeals relating to section 288C orders

Appeals, inquiries, and other proceedings before Environment Court

289Reply to appeal or request for inquiry 290Powers of court in regard to appeals and inquiries 290AAPowers of court in regard to certain appeals under clause 14 of Schedule 1 290AEnvironment Court to have regard to decision that is subject of appeal or inquiry 291Other proceedings before court

Court's powers in regard to plans and policy statements

292Remedying defects in plans 293Environment Court may order change to proposed policy statements and plans 293ADeterminations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011 294Review of decision by court

Decisions of Environment Court

295Environment Court decisions are final 296No review of decisions unless right of appeal or reference to inquiry exercised 297Decisions of court to be in writing 298Documents judicially noticed

Appeals from Environment Court decisions

299Appeal to High Court on question of law 300Notice of appeal 301Right to appear and be heard on appeal 302Parties to the appeal before the High Court 303Orders of the High Court 304Dismissal of appeal 305Additional appeals on questions of law 306Extension of time 307Date of hearing 308Appeals to the Court of Appeal

Part 11A:
Act not to be used to oppose trade competitors

308AIdentification of trade competitors and surrogates 308BLimit on making submissions 308CLimit on representation at appeals 308CALimit on representation at proceedings as party under section 274 308DLimit on appealing under this Act 308EProhibition on using surrogate 308FSurrogate must disclose status 308GDeclaration that Part contravened 308HCosts orders if declaration made 308IProceedings for damages in High Court

Part 12:
Declarations, enforcement, and ancillary powers

309Proceedings to be heard by an Environment Judge

Declarations

310Scope and effect of declaration 311Application for declaration 312Notification of application 313Decision on application

Enforcement orders

314Scope of enforcement order 315Compliance with enforcement order 316Application for enforcement order 317Notification of application 318Right to be heard 319Decision on application 320Interim enforcement order 321Change or cancellation of enforcement order

Abatement notices

322Scope of abatement notice 323Compliance with abatement notice 324Form and content of abatement notice 325Appeals 325ACancellation of abatement notice 325BRestrictions on certain applications for enforcement orders and abatement notices

Excessive noise

326Meaning of excessive noise 327Issue and effect of excessive noise direction 328Compliance with an excessive noise direction

Water shortage

329Water shortage direction

Emergency works

329AInterpretation 330Emergency works and power to take preventive or remedial action 330AAAModification of requirements in section 330(3) for authorities in affected areas 330AResource consents for emergency works 330AAModification of requirements in section 330A for activities undertaken in affected areas 330BEmergency works under Civil Defence Emergency Management Act 2002 330CModification of requirements in section 330B for activities undertaken in affected areas 331Reimbursement or compensation for emergency works

Emergency activities undertaken by certain rural landowners and occupiers

331AApplication of sections 331B to 331E 331BOwner or occupier of rural land may take emergency preventive or remedial measures 331CRequirement for owner or occupier to give notice to relevant consent authority 331DDuty to gather information, monitor, and keep records 331EEnforcement proceedings 331FRepeal of this section and sections 331A to 331E

Powers of entry and search

332Power of entry for inspection 333Power of entry for survey 334Application for warrant for entry for search 335Direction and execution of warrant for entry for search

Return of property

336Return of property seized under sections 323 and 328 337Return of property seized under warrant

Offences

338Offences against this Act 339Penalties 339AProtection against imprisonment for dumping and discharge offences involving foreign ships 339BAdditional penalty for certain offences for commercial gain 339CAmount of fine or other monetary penalty recoverable by distress and sale of ship or from agent 340Liability of principal for acts of agents 341Strict liability and defences 341ALiability and defences for dumping and storage of waste or other matter 341BLiability and defences for discharging harmful substances 342Fines to be paid to local authority instituting prosecution 343Discharges from ships

Infringement offences

343AInfringement offences 343BCommission of infringement offence 343CInfringement notices 343DEntitlement to infringement fees

Part 12A:
Enforcement functions of EPA

343ETerms used in this Part 343FEnforcement functions of EPA 343GIntervention by EPA 343HEPA may change enforcement functions 343IEPA enforcement officers 343JEPA may require information from local authority 343KAdditional reporting requirements 343LOrder for payment of EPA’s costs in bringing a prosecution

Part 13:
Hazards Control Commission

344Interpretation 345Purpose and principles 346Establishment of Commission 347Functions of Commission 348Membership of Commission 349Compliance with policy directions 350Further provisions applying in respect of Commission 351Regulations

Part 14:
Miscellaneous provisions

352Service of documents 352AMode of service of summons on master or owner of ship 353Notices and consents in relation to Maori land 354Crown's existing rights to resources to continue 355Vesting of reclaimed land 355AAEffect of Foreshore and Seabed Act 2004 on vesting of reclamations 355ABApplication for renewals 355AApplication for consent to unlawful reclamation 355BEnforcement powers against unlawful reclamations 356Matters may be determined by arbitration

Rights of objection

357Right of objection against certain decisions 357ARight of objection to consent authority against certain decisions or requirements 357ABObjection under section 357A(1)(f) or (g) may be considered by hearings commissioner 357BRight of objection in relation to imposition of additional charges or recovery of costs 357CProcedure for making and hearing objection under sections 357 to 357B 357CAPowers of hearings commissioner considering objection under section 357A(1)(f) or (g)357DDecision on objections made under sections 357 to 357B 358Appeals against certain decisions or objections 359Regional councils to pay rents, royalties, and other money received into Crown Bank Account 360Regulations 360ARegulations amending regional coastal plans in relation to aquaculture activities 360BConditions to be satisfied before regulations made under section 360A 360CRegional council's obligations 360DRegulations that prohibit or remove certain rules 360EProcedures relevant to making rules under section 360D 360FRegulations relating to administrative charges and other amounts 360GRegulations relating to fast-track applications 360HRegulations relating to notification of consent applications 361Repeals and revocations 362Consequential amendments 363Conflicts with special Acts

Part 15:
Transitional provisions

364Application of this Part 365Meaning of permission 366Effect of this Act on existing schemes, consents, etc 367Effect of regional planning schemes

Transitional regional plans

368Existing notices, bylaws, etc, to become regional plans 369Provisions deemed to be regional rules

Transitional regional coastal plans

370Existing notices, bylaws, etc, to become regional coastal plans 371Provisions deemed to be regional rules 372Power of Minister of Conservation to give directions relating to restricted coastal activities

Transitional district plans

373Existing district and maritime schemes to become district plans 374Provisions deemed to be district rules 375Transitional provisions for public utilities

Provisions relating to all plans

376Transitional plans to be notified and available 377Obligation to review transitional plans 378Proceedings in relation to plans 379Declarations

Transitional notices, directions, etc

380Existing notices which continue in effect 381Existing notices deemed to be abatement notices 382Existing direction deemed to be excessive noise direction 382AReturn of property seized under Noise Control Act 1982

Transitional resource consents

383Existing permissions to become land use consents 383AExisting permissions to allow use of beds of lakes and rivers 384Existing permissions to become coastal permits 384ARight of port companies to occupy coastal marine area 385Existing clean air permissions to become discharge permits 386Existing rights and authorities under Water and Soil Conservation Act 1967 387Existing geothermal licences and authorisations deemed to be water permits 388Requirement to supply information 389Existing applications 390Application being heard 390AAppeals 390BDate on which application deemed to be made 390CDealing with applications for permissions 390DTiming for renewals 391Applications for licences and approvals under Clean Air Act 1972 391AResource consents following approval under Clean Air Act 1972 392Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air 393Applications for Orders in Council to reclaim land and approval for harbour works 394Transitional provisions relating to setting aside of esplanade reserves on reclamation 395Applications for works, etc, in coastal marine area 396Applications for marine farming in coastal marine area 396ANotification of lapsing, cancellation, or surrender of coastal permit for marine farming 396BNotification of rule change affecting marine farming 397Existing applications for marine farming leases 398Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries 399Applications received on same day 400Applications under Marine Farming Act 1971 for prohibited anchorages, etc 401Conditions of deemed resource consents 401ATransitional coastal occupation charges 401BObligation to pay coastal occupation charge deemed condition of consent

Subdivision and development

402Existing subdivision approvals 403Existing objections and appeals in relation to subdivisions 404Existing applications for approval 405Transitional provisions for subdivisions 405ATransitional provisions for esplanade reserves where land subdivided or road stopped 406Grounds of refusal of subdivision consent 407Subdivision consent conditions 408Existing approvals for unit plans, cross lease plans, and company lease plans 409Financial contributions for developments 410Existing developments 411Restriction on imposition of conditions as to financial contributions 412Expiry of certain sections

Current mining privileges relating to water

413Current mining privileges to become deemed permits 414Deemed permits to be subject to regional rules 415Acquisition of deemed permits 416Compensation 417Permits over land other than that of holders to be produced in Land Transfer Office

Existing uses

417AUses of lakes and rivers not restricted by section 9 418Certain existing permitted uses may continue 419Certain discharges affected by water classifications 420Designations and requirements continued 421Protection notices to become heritage orders 422Procedure for requirements for designations and protection notices 423National water conservation orders

Miscellaneous provisions

424Savings as to bylaws 425Leases, licences, and other authorities under Harbours Act 1950 425AFunctions and powers in respect of activities on or in Lake Taupo 426Leases and licences executed under Marine Farming Act 1971 427Deemed transfer of powers to former public bodies 428Environment Court 429Savings as to compensation claims 430Savings as to court proceedings 431Obligation to prepare draft New Zealand coastal policy statement within 1 year 432Obligation to prepare regional policy statements and coastal plans within 2 years 433Collection of water management charges

Part 16:
Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

434Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

Schedule 1:
Preparation, change, and review of policy statements and plans

Schedule 1AA:
Incorporation of documents by reference in national environmental standards, national policy statements, and New Zealand coastal policy statements

Schedule 1A:
Preparation and change of regional coastal plans providing for aquaculture activities

Schedule 2:
Matters that may be provided for in policy statements and plans

Schedule 3:
Water quality classes

Schedule 3A:
MDRS to be incorporated by specified territorial authorities

Schedule 3B:
Policies 3, 4, and 5 of National Policy Statement on Urban Development 2020 (as amended by section 77S(1) of the Act)

Schedule 4:
Information required in application for resource consent

Schedule 5:
Provisions applying in respect of the Hazards Control Commission

Schedule 6:
Enactments repealed

Schedule 7:
Regulations and orders revoked

Schedule 8:
Enactments amended

Schedule 9:
Special Acts under which local authorities and other public bodies exercise functions, powers, and duties

Schedule 10:
Requirements for instruments creating esplanade strips and access strips

Schedule 11:
Acts that include statutory acknowledgements

Schedule 12:
Transitional, savings, and related provisions

Resource Management Act 1991

Transitional provisions - Transitional resource consents

398: Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries

You could also call this:

"Regional councils can't accept coastal permit applications in areas blocked by the Minister of Fisheries"

If you want to apply for a coastal permit, you need to know that regional councils cannot accept your application if the area is notified by the Minister of Fisheries. The Minister of Fisheries has the power to notify areas where coastal permits cannot be applied for. This rule was in place until it was repealed on 1 January 2005 by section 27 of the Resource Management Amendment Act (No 2) 2004.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240339.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments

397: Existing applications for marine farming leases, or

"Old applications for marine farms are covered by special rules"

399: Applications received on same day, or

"What happens when multiple applications are received on the same day?"

Part 15Transitional provisions
Transitional resource consents

398Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries (Repealed)

Notes

Section 398: repealed, on 1 January 2005, by section 27 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).