1Interpretation

1. In this Part, amendment Act means the Resource Management Amendment Act 2013, which amends this Act.

2Existing section 32 applies to some proposed policy statements and plans

1. If Part 2 of the amendment Act comes into force on or after the date of the last day for making further submissions on a proposed policy statement or plan (as publicly notified in accordance with clause 7(1)(d) of Schedule 1), the further evaluation for that proposed policy statement or plan must be undertaken as if Part 2 had not come into force.

3National policy statements

1. An amendment made by the amendment Act applies to a national policy statement whether the statement was issued before or after the commencement of the amendment.

4Existing rules providing for protection of trees

1. An existing rule or part of a rule in a district plan or proposed district plan that complied with section 76(4A) immediately before its amendment by the amendment Act is revoked, without further authority than this clause, on the day that is 24 months after the date on which Part 1 of the amendment Act comes into force.

2. Subclause (1) applies unless the rule or part of the rule complies with section 76(4A) and (4B) as inserted by the amendment Act.

5Certain new rules providing for protection of trees may take effect once plan change notified

1. Subclause (2) applies if, before the date referred to in clause 4(1),—

2. a territorial authority has made a rule, or amended a rule, so that it complies with section 76(4A) and (4B) as inserted by the amendment Act; and
3. the rule has not yet taken effect; but
4. the proposed plan or change containing the rule has been notified.

5. The rule has legal effect on and from the date referred to in clause 4(1).

6Proposals of national significance

1. Subclause (2) relates to the following amendments made by the amendment Act (which relate to proposals of national significance):

2. the amendments to sections 29 and 39 and to Part 6AA (sections 140 to 149ZE):
3. the amendment to section 32A made by section 6 of the amendment Act:
4. the amendment that inserts section 42A(1) and (1AA).

5. The amendments apply to any matter—

6. whether it was lodged with a local authority or the EPA, or initiated by a local authority, before or after the commencement of the amendments; and
7. whether it was referred to or prepared by a board of inquiry before or after the commencement of the amendments.

8. However, if a request for the Minister to call in a matter was made before the commencement of the amendment that inserts section 142(6A), the request must be determined as if the amendment had not been made.

7Notices of requirement

1. This clause relates to an amendment made by the amendment Act that affects a requirement for a designation or heritage order.

2. The requirement must be determined as if the amendment had not been made if, immediately before the commencement of the amendment,—

3. 1 or more of the following had occurred:
   1. a notice of the requirement had been given under section 168(1) or (2) or 189(1):
   2. the territorial authority had resolved to publicly notify the requirement under section 168A(1):
   3. the territorial authority had given notice of the requirement under section 189A(1):
   4. a requiring authority had given notice of the requirement, and the requirement was for a modified designation, under clause 4 of Schedule 1:
   5. the territorial authority had decided to include the requirement in its proposed district plan under clause 4 of Schedule 1; but
4. the requirement had not proceeded to the stage at which no further appeal was possible.

5. Subclauses (1) and (2) also apply as if a requirement to alter a designation or heritage order were a requirement for a designation or heritage order.

6. This clause is subject to clause 6.

8Applications and matters

1. Subclause (3) applies to anything specified in subclause (2) that, immediately before the commencement of an amendment made by the amendment Act,—

2. had been lodged with or initiated by a local authority or a Minister; but
3. had not proceeded to the stage at which no further appeal was possible.

4. The things referred to in subclause (1) are—

5. an application for a resource consent (or anything treated by this Act as if it were an application for a resource consent):
6. any other matter in relation to a resource consent (or in relation to anything treated by this Act as if it were a resource consent):
7. an application for a water conservation order under section 201(1):
8. an application to revoke or amend a water conservation order under section 216(2):
9. an application or a proposal to vary or cancel an instrument creating an esplanade strip under section 234(1) or (3):
10. a matter of creating an esplanade strip by agreement under section 235(1).

11. The application or matter must be determined as if the amendment had not been made.

12. This clause is subject to clauses 6 and 7.

13. This clause does not apply to an amendment made by Part 2 of the amendment Act.

9Enforcement proceedings

1. This clause relates to the amendment made by the amendment Act to section 318 (which relates to the right to be heard in proceedings for an application for an enforcement order).

2. If an application was made for an enforcement order before the commencement of the amendment, the application must be determined as if the amendment had not been made.

10Return of property

1. The insertion of section 336 by the amendment Act is to be treated as having commenced on 1 October 2012 and section 336 is to be treated as having had continuous effect despite section 300(6) of the Search and Surveillance Act 2012.

11Interpretation

1. In this Part,—

   amendment Act means Part 1 of the Resource Legislation Amendment Act 2017

   commencement, in relation to a provision of the amendment Act or an amendment made by that provision, means the date on which that provision comes into force.

12Specified matters subject to transitional arrangements

1. An amendment made by the amendment Act does not apply in respect of a matter specified in subclause (2) if, immediately before the commencement of the amendment, the matter—

2. has been lodged with a local authority, the EPA, or a Minister, or called in by the Minister; but
3. has not proceeded to the stage at which no further appeal is possible.

4. The matters referred in subclause (1) are—

5. an application for a resource consent (or anything treated by this Act as if it were an application for a resource consent):
6. any other matter in relation to a resource consent (or in relation to anything treated by this Act as if it were a resource consent):
7. a challenge under section 85 in relation to a provision or proposed provision of a plan or proposed plan that would render any land incapable of reasonable use:
8. an application relating to a nationally significant proposal lodged with the EPA or called in by the Minister under Part 6AA:
9. a notice of requirement—
   1. for a designation or heritage order; or
   2. to alter a designation or heritage order:
10. an application for a water conservation order made under section 201(1) or to amend or revoke an order under section 216(2):
11. an application or a proposal to vary or cancel an instrument that creates an esplanade strip under section 234(1) or (3):
12. the creation of an esplanade strip by agreement under section 235(1).

13. This clause does not limit clauses 13 to 15.

13Proposed policy statement or plans, changes, or variations

1. This clause applies to a proposed policy statement or plan, change, or variation that, immediately before the commencement of a relevant amendment made by the amendment Act,—

2. has been publicly notified under clause 5 or 26(b) of Schedule 1; but
3. has not proceeded to the stage at which no further appeal is possible.

4. The proposed policy statement, plan, change, or variation must be determined as if the amendments made by the amendment Act had not been enacted.

14Transitional arrangements for early use of collaborative process

1. A collaborative planning process may be used in accordance with this clause if, before the commencement of subpart 4 of Part 5 (which provides for the use of a collaborative planning process), a local authority—

2. has commenced preparing, changing, or reviewing a policy statement or plan; but
3. has not publicly notified the proposed policy statement or plan or change under Part 1 of this schedule.

4. If a local authority wishes to use a collaborative process in the circumstances set out in subclause (1), the local authority must—

5. publicly notify its intention to apply to the Minister for approval to continue its process of preparing or changing a policy statement or plan using the collaborative planning process under this Part; and
6. invite submissions, to be submitted within 20 working days of the notice, on the proposal to use the collaborative planning process; and
7. submit to the Minister a summary of the submissions and a report setting out how the collaborative planning process meets the criteria set out in subclause (3).

8. The criteria are as follows:

9. whether there has been a clear intention to set up a collaborative group and appoint its members:
10. whether the composition of the collaborative group reflects the requirements set out in clause 40 of Schedule 1:
11. whether the commitment of the local authority to the consensus of the collaborative group is consistent with the requirement of clause 46(2)(a) of Schedule 1:
12. whether the terms of reference for the collaborative group are consistent with the terms of reference required by clause 41 of Schedule 1.

13. After considering any submissions and the report submitted under subclause (2)(c), the Minister—

14. may accept the application if the Minister is satisfied that the local authority meets the criteria set out in subclause (3), but must otherwise reject the application; and
15. if the Minister accepts the application, must notify that decision to the local authority not later than 2 months after the date of the application.

16. If the Minister accepts the application under subclause (4), the local authority must—

17. give public notice that the Minister has accepted the local authority’s application to continue its process of preparing, changing, or reviewing a policy statement or plan using the collaborative planning process; and
18. amend the terms of reference in accordance with clause 41 of Schedule 1.

19. This clause ceases to apply on the date that is 2 years after the commencement of this clause.

15Application to fresh water of rules relating to water quality

1. Nothing in section 69(4) (as inserted by the amendment Act) affects any plan approved, resource consent granted, or water conservation order made before the commencement of that amendment if that plan, resource consent, or order refers to or incorporates any standards set out in Schedule 3.

16Matters before the Environment Court

1. An amendment made by the amendment Act does not apply to any proceeding lodged with the Environment Court immediately before the commencement of that amendment.

17Interpretation

1. In this Part,—

   amendment Act means the Resource Management Amendment Act 2020

   commencement date means the day after the date on which the amendment Act received the Royal assent.

18Planning instruments relating to freshwater notified after commencement date

1. This clause applies to the following planning instruments:

2. a proposed regional plan or regional policy statement for the purpose of giving effect to any national policy statement for freshwater management:
3. a proposed regional plan or regional policy statement that relates to freshwater but not for the purpose of giving effect to any national policy statement for freshwater management:
4. a change or variation to a proposed regional plan or regional policy statement if the change or variation—
   1. is for the purpose of giving effect to any national policy statement for freshwater management; or
   2. relates to freshwater in the manner described in paragraph (b).

5. A planning instrument to which this clause applies must, if it was publicly notified after the commencement date, undergo the freshwater planning process.

19Planning instruments relating to freshwater notified before commencement

1. In this clause, planning instrument means a proposed regional plan or regional policy statement that—

2. is for the purpose of giving effect to any national policy statement for freshwater management or otherwise relates to freshwater; and
3. was publicly notified before the commencement date.

4. This Act applies to the planning instrument as if the amendment Act had not been enacted.

5. A variation to a planning instrument must be dealt with as if the amendment Act had not been enacted, regardless of whether—

6. the variation was publicly notified before or after the commencement date; or
7. the variation in any way gives effect to any national policy statement for freshwater management.

20Application of sections 120(1A) and (1B) to appeal rights

1. Section 120(1A) applies only in relation to resource consents lodged on or after the date on which section 37(1) of the amendment Act comes into force.

2. Section 120(1B) applies only in relation to resource consents lodged on or after the commencement date.

21Conditions that may be imposed on notices of requirement

1. Sections 149P, 149U, 171, 174, 198E, and 198K, as amended by the amendment Act, apply to notices of requirement given under section 168 or 181 or lodged under section 145 on or after the commencement date.

22New time frames for resource consents relating to emergency work

1. Section 330B(3), as amended by the amendment Act, applies to an activity if the appropriate consent authority was advised of the activity on or after the commencement date.

23Application of limitation period in section 338(4)

1. Section 338(4), as amended by the amendment Act, applies to an offence committed on or after the commencement date.

24Performance of EPA enforcement functions

1. The EPA may, in the performance of its enforcement functions specified in section 343F, take an enforcement action in relation to an incident (within the meaning of section 343E) that occurred or started to occur before, on, or after the commencement date.

25National environmental standards and boards of inquiry

1. Sections 44, 46A, and 48, as amended by the amendment Act, apply only in respect of—

2. a board of inquiry appointed under section 47 on or after the commencement date; or
3. a process established under section 46A(4) on or after the commencement date.

26Transitional effect of climate change amendments

1. This clause applies to a proposed policy statement or plan, change, or variation that, immediately before the effective date,—

2. has been publicly notified under clause 5 or 26(1)(b) of Schedule 1; but
3. has not proceeded to the stage at which no further appeal is possible.

4. This clause also applies to applications for resource consents that were lodged with a local authority immediately before the effective date.

5. The proposed policy statement, plan, change, or variation, or resource consent must be determined as if the climate change amendments had not been enacted.

6. In this clause,—

   climate change amendments means the amendments made by sections 17 to 21, 35, and 36 of the amendment Act

   effective date means the date on which the climate change amendments come into force by virtue of section 2(3) and (4) of the amendment Act.

27Transitional effect of amendments to sections 149P and 149U

1. This clause applies to a matter described in paragraph (a), (b), (c), (d), (e), or (f) of the definition of matter in section 141.

2. If the matter has been called in under section 142 before the amendments made by sections 52 and 55 of the amendment Act take effect, the matter must be determined as if those amendments had not been made.

28References to clause 10 of Schedule 1 in specified Treaty Settlement legislation

1. A reference, immediately before the commencement date, to clause 10 of Schedule 1 in the following provisions must, on and from the commencement date, be read as a reference to clauses 10 and 51 of Schedule 1:

2. sections 13(6)(d) and 46(2)(d) of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010:
3. sections 14(6)(d) and 48(2)(d) of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010:
4. section 22(2)(d) of the Nga Wai o Maniapoto (Waipa River) Act 2012.

29Effect of amendments on resource consent applications lodged with local authority or EPA

1. An amendment made by section 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 99, or 100 of the amendment Act does not affect a resource consent application if, before the date that section came into force (see section 2 of the amendment Act), the application was lodged with a local authority or the EPA.

30Effect of amendments on notice of intention to review resource consent conditions

1. An amendment made by section 38 or 39 of the amendment Act does not affect a notice of intention to review resource consent conditions if, before the date that section came into force (see section 2 of the amendment Act), the notice was served on a consent holder.

2. In this clause, a notice of intention to review resource consent conditions means a notice under section 128.

31Local authority recognition of national planning standards

1. Section 58I(3)(b) and (7)(b), as in force immediately before the main commencement date, continues to apply in relation to a national planning standard that was notified in the Gazette before the main commencement date.

2. In this clause, main commencement date means the date on which section 10 of the Legislation (Repeals and Amendments) Act 2019 (which repeals the Legislation Act 2012) comes into force.

32Interpretation

1. In this Part,—

   Amendment Act means the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021

   commencement date means the following:

   1. in the case of a tier 2 or tier 3 territorial authority, the date on which the applicable regulations made under section 80I(1) or 80K(1), as the case may be, commence:
   2. in the case of all other specified territorial authorities, the day after the date on which the Amendment Act receives the Royal assent

   tier 2 or tier 3 territorial authority means the following:

   1. a tier 2 territorial authority required to prepare and notify an IPI by regulations made under section 80I(1):
   2. a tier 3 territorial authority required to prepare and notify an IPI by regulations made under section 80K(1).

33Status of notified proposed district plan of specified territorial authority

1. This clause applies if a specified territorial authority has notified a proposed district plan before the commencement date and the proposed district plan is not operative at the commencement date.

2. The specified territorial authority—

3. is not required to notify a plan change to its district plan to incorporate the MDRS into any relevant residential zone or to give effect to policies 3 and 4, or policy 5, as the case requires, of the NPS-UD; but
4. must notify a single variation to its proposed district plan to incorporate the MDRS and give effect to policies 3 and 4, or policy 5, as the case requires, of the NPS-UD, by whichever of the following dates is applicable:
   1. in the case of a tier 2 territorial authority required to notify an IPI by regulations made under section 80I(1), on or before the date specified in those regulations, if those regulations are required by section 80I(2) to specify a notification date:
   2. in the case of a tier 3 territorial authority required to notify an IPI, on or before the date specified in regulations made under section 80K(1):
   3. in the case of all other specified territorial authorities, on or before 20 August 2022.

5. The variation referred to in subclause (2)(b)—

6. is the specified territorial authority’s IPI required to be notified in accordance with section 80F; and
7. must use the ISPP to incorporate the MDRS and give effect to policy 3 or 5, as the case requires, of the NPS-UD; and
8. must ensure that the specified territorial authority can carry out its functions under sections 77G(1) and 77N(1); and
9. may include—
   1. any provision that is proposed to be included in a residential zone; and
   2. any other provision that is proposed to be included in a non-residential urban zone, where that zone is giving effect to the intensification policies in accordance with section 77N; and
   3. any changes consequential on, or necessary to give effect to, the variation.

10. A variation referred to in subsection (3)(a) must be treated as if it had been notified in accordance with section 80F, and the applicable provisions of this Act enacted by the Amendment Act apply to the variation accordingly.

11. To avoid doubt, section 86B applies to rules notified in the variation.

34Status of partly completed proposed plan changes modifying relevant residential zone

1. This clause applies to any plan change that is proposing or requesting changes to a relevant residential zone or a new residential zone if—

2. the plan change has been notified by a specified territorial authority before the commencement date, but decisions on submissions on that plan change have not been notified in accordance with clause 10 of Schedule 1 before that date; and
3. the plan change has not been withdrawn; and
4. the MDRS is not already being incorporated through any proposed rules.

5. The specified territorial authority must notify a variation to the plan change at the same time that it notifies the IPI to incorporate the MDRS as required by section 77G(3).

6. However, the variation does not merge with the specified territorial authority’s IPI but must be processed at the same time as the IPI, using the ISPP.

7. The variation must incorporate the MDRS into all areas within the scope of the plan change that are a relevant residential zone or a new residential zone.

8. The variation may only include those uses referred to in section 80G(1)(b).

9. The variation may be declined or withdrawn only if it is no longer required for the plan change to meet the requirements of section 77G(1).

10. The variation must use the ISPP to incorporate the MDRS.

11. For the avoidance of doubt,—

12. section 86B does not apply to any rules notified in the variation:
13. this clause applies only in relation to the district of a specified territorial authority.

35Some private plan change requests may rely on IPI to incorporate MDRS

1. This clause applies to any plan change request to change a district plan—

2. that is made to a specified territorial authority under clause 21 of Schedule 1 before the specified territorial authority has notified its IPI in accordance with section 80F; and
3. to which clause 34 does not apply; and
4. that requests the creation of a new residential zone that proposes to adopt all the zone provisions of a relevant residential zone but does not amend the provisions in the relevant residential zone.

5. Despite clause 25(4A) of Schedule 1, a specified territorial authority may accept or adopt the request and incorporate the MDRS for the new residential zone through the IPI.

6. A specified territorial authority may decline the request under clause 25(4) of Schedule 1 or apply the rest of clause 25 of that schedule, as the case requires.

36Limits on appeals

1. To avoid doubt, clause 107 of Schedule 1 (which states that there is no right of appeal against decisions made under Part 6 of Schedule 1) only applies to—

2. the variation to the proposed district plan notified in accordance with clause 33(2)(b) and not the underlying proposed district plan:
3. the variation to the plan change notified in accordance with clause 34(2) and not the underlying plan change.

4. Subclause (1) does not affect any other right of appeal.

37Plan change or private plan change notified before commencement

1. Subclause (2) applies to a plan change or private plan change that, before the commencement date,—

2. was notified; and
3. was the subject of a decision under clause 10 of Schedule 1 that was publicly notified.

4. If this subclause applies, the plan change or private plan change may proceed as if the Amendment Act had not been enacted.

38Remuneration of Environment Commissioners and Deputy Environment Commissioners

1. A person who immediately before the commencement date held office as an Environment Commissioner or a Deputy Environment Commissioner continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 263(1)(a).

2. In this clause, commencement date means the date on which the Remuneration Authority Legislation Act 2022 comes into force.

38Interpretation (Repealed)

39Duration of affected resource consent (Repealed)

40When clause 39 does not affect duration of resource consent (Repealed)

41Public notification of applications for affected resource consent for same activity precluded (Repealed)

42Submitters’ appeal rights restricted for limited notified affected resource consent application (Repealed)