3Interpretation

1. In this Act, unless the context otherwise requires,—

   abatement notice means a notice served under section 240

   access strip means a strip of land created by the registration of an easement in accordance with clause 52 of Schedule 7 for the purpose of allowing public access to or along any river, lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act)

   accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth

   airport means any defined area of land or water intended or designed to be used, whether wholly or partly, for the landing, departure, movement, or servicing of aircraft

   allotment has the meaning given in clause 3 of Schedule 7

   bed,—

   1. in relation to a river, means the space of land that the waters of the river cover at its annual fullest flow without overtopping its banks:
   2. in relation to a lake (other than a lake controlled by artificial means), means the space of land that the waters of the lake cover at its annual highest level without exceeding its margin:
   3. in relation to a lake controlled by artificial means, means the space of land that the waters of the lake cover at its maximum permitted operating level:
   4. in relation to the sea, means the submarine areas covered by the internal waters and the territorial sea

   bespoke plan provision—

   1. means a plan provision that is not a standardised plan provision or a designation; and
   2. includes a plan provision authorised by a national instrument in accordance with section 48(1)(b)

   best practicable option, in relation to an emission of noise, means the best method for preventing or minimising the adverse effects on the built environment having regard, among other things, to—

   1. the nature of the emission and the sensitivity of the receiving environment to adverse effects; and
   2. the financial implications, and the effects on the built environment, of that option when compared with other options; and
   3. the current state of technical knowledge and the likelihood that the option can be successfully applied

   built environment includes—

   1. people and communities:
   2. land and the identified values and characteristics of land:
   3. structures:
   4. infrastructure

   certificate of compliance means a certificate granted by a consent authority under section 178

   change request means a request under clause 49 of Schedule 3 by a person (other than the territorial authority) for a change to a land use plan

   chief executive means the chief executive of the department

   company lease has the meaning given in clause 1 of Schedule 7

   conditions, in relation to land use plans and planning consents, includes terms, standards, restrictions, and prohibitions

   consent authority means a territorial authority whose permission is required to carry out an activity for which a planning consent is required under this Act

   consent notice has the meaning given in clause 1 of Schedule 7

   construction does not include maintenance or repair

   contaminated land means land that has a hazardous substance in or on it that—

   1. has significant adverse effects on the environment; or
   2. is reasonably likely to have significant adverse effects on the environment

   co-ordination document means a document adopted under section 36

   core infrastructure operation and core infrastructure operator have the meanings given in section 9

   cross lease has the meaning given in clause 1 of Schedule 7

   Crown organisation has the meaning given in section 4 of the Crown Organisations (Criminal Liability) Act 2002

   customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   designation has the meaning given in clause 3 of Schedule 5

   designating authority has the meaning given in clause 8(1) of Schedule 5

   discretionary activity means an activity to which section 32(4) applies

   directive means a provision of a national instrument that—

   1. relates to matters of policy in a plan; and
   2. specifies how a goal is to be achieved or the aspects of a goal that plan must prioritise

   district, in relation to a territorial authority,—

   1. means the district of the territorial authority as defined in accordance with the Local Government Act 2002 but, except as provided in paragraph (b) does not include any area in the coastal marine area:
   2. includes, for the purposes of section 112, any area in the coastal marine area

   draft regional spatial plan means a plan prepared under section 9 of Schedule 1 that has not been adopted under clause 29 of Schedule 2, and includes—

   1. any associated scenarios and options assessment report; and
   2. any other associated information prescribed by a national instrument or regulations

   effect—

   1. includes, irrespective of the scale, intensity, duration, or frequency,—
      1. any positive or adverse effect; and
      2. any temporary or permanent effect; and
      3. any past, present, or future effect; and
      4. any cumulative effect that arises over time or in combination with other effects; and
   2. also includes—
      1. any potential effect of high probability; and
      2. any potential effect of low probability but that has a high potential impact

   enforceable undertaking means an undertaking accepted by a local authority or the EPA under clause 23 of Schedule 8

   enforcement officer, in relation to any provision of this Act, means a person appointed by a local authority, permit authority, or the EPA to exercise the functions, powers, or duties of an enforcement officer under that provision

   Environment Court means the Environment Court referred to in clause 3 of Schedule 7

   environmental limit has the meaning given in section 3 of the Natural Environment Act 2025

   Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

   esplanade reserve has the meaning given in clause 1 of Schedule 7

   esplanade strip has the meaning given in clause 1 of Schedule 7

   excessive noise has the meaning given in section 247

   existing joint management agreement means a joint management agreement made under any provision of the Resource Management Act 1991 and in force on the day after the Natural Environment Act 2025 receives Royal assent

   existing or initiated Mana Whakahono ā Rohe means an arrangement in force or initiated under subpart 2 of Part 5 of the Resource Management Act 1991 on the day after the Natural Environment Act 2025 receives Royal assent

   existing use certificate means a certificate issued under section 179

   goals means the goals set out in section 11

   harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition

   historic heritage—

   1. means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:
      1. archeological:
      2. architectural:
      3. cultural:
      4. historic:
      5. scientific:
      6. technological; and
   2. includes—
      1. historic sites, structures, places, and areas; and
      2. archaeological sites; and
      3. sites of significance to Māori, including wāhi tapu, water bodies, or sites in or on the coastal marine area; and
      4. surroundings associated with those natural and physical resources

   identified Māori land means any of the following:

   1. Maori customary land or Maori freehold land (as those terms are defined in section 4 of Te Ture Whenua Maori Act 1993):
   2. land set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993:
   3. land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of the Te Urewera Act 2014):
   4. the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
   5. General land owned by Maori (as defined in section 4 of Te Ture Whenua Maori Act 1993) that—
      1. was previously Maori freehold land (as defined in section 4 of that Act), but ceased to have that status in accordance with—
         1. an order of the Māori Land Court made on or after 1 July 1993; or
         2. Part 1 of the Maori Affairs Amendment Act 1967; and
      2. is owned by—
         1. the persons who beneficially owned that land immediately before it ceased to be Māori freehold land; or
         2. any successor of 1 or more of those persons if the successor is within the preferred class of alienees (as defined in section 4 of Te Ture Whenua Maori Act 1993):
   6. land vested in the Māori Trustee (as defined in section 4 of Te Ture Whenua Maori Act 1993) that—
      1. is constituted as a Maori reserve by or under the Maori Reserved Land Act 1955; and
      2. remains subject to that Act:
   7. land owned by a Treaty settlement entity (as defined in section 4 of the Fast-track Approvals Act 2024), if the land was acquired—
      1. as redress for the settlement of a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975 (whether or not that claim was submitted to the Waitangi Tribunal); or
      2. by the exercise of rights under a Treaty settlement:
   8. other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body (as defined in section 11(2) of the Infrastructure Funding and Financing Act 2020), or a local authority with the intention of returning the land to the holders of mana whenua over that land

   independent hearings panel or panel,—

   1. in relation to a draft regional spatial plan, means the independent hearings panel assigned to that draft under clause 15 of Schedule 2; and
   2. in relation to a proposed land use plan or private plan change, means the independent hearings panel assigned to that proposed plan or plan change under clause 21 of Schedule 3

   infrastructure, in relation to designations, has the meaning given in clause 1 of Schedule 5

   infrastructure design solution means an infrastructure design solution made under section 139C of the Water Services Act 2021

   internal waters has the meaning given in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   iwi authority means the authority that represents an iwi and that is recognised by that iwi as having authority to do so

   iwi participation legislation—

   1. means legislation that provides a role for iwi or hapū in processes under this Act, the Resource Management Act 1991, or the Natural Environment Act 2025, including—
      1. a Treaty settlement Act; and
      2. Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019; but
   2. does not include this Act, the Natural Environment Act 2025, or secondary legislation made under either

   key instrument means—

   1. the national policy direction:
   2. a national standard:
   3. a regional spatial plan:
   4. a land use plan

   land includes—

   1. land covered by water; and
   2. the airspace above the land; and
   3. the surface of water in a lake or river

   land use consent has the meaning given in section 107

   land use plan or plan—

   1. means a land use plan prepared by a territorial authority in accordance with Schedule 3 that is operative; and
   2. includes any provision of a land use plan that is operative, even if other provisions of a relevant proposed plan or private plan change are not yet operative

   legal effect, in relation to a rule in a proposed plan, means legal effect in accordance with clause 58 of Schedule 3

   local authority—

   1. means a regional council or territorial authority; and
   2. includes a unitary authority

   mana whenua means customary authority exercised by an iwi or a hapū in an identified area

   Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

   method, in relation to a key instrument, has the meaning given in section 28(3)

   national instrument means a national policy direction or a national standard

   national rule means a rule in a national standard that does not require inclusion in a land use plan to take effect

   natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures

   natural hazard—

   1. means any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment; and
   2. includes the effects of climate change on any of those occurrences

   natural resource permit means a natural resource permit under the Natural Environment Act 2025

   noise includes vibration

   objective, in relation to a key instrument, has the meaning given in section 28(1)

   occupier means—

   1. the inhabitant occupier of any property; and
   2. for the purposes of section 24, in relation to any land (including any premises and any coastal marine area), includes any agent, employee, or other person acting or apparently acting in the general management or control of the land, or any plant or machinery on that land

   operative, in relation to a land use plan or provision in a land use plan, means that the plan or provision—

   1. has become operative in terms of clause 45 of Schedule 3 or is treated as operative in accordance with clause 61 of that schedule; and
   2. has not ceased to be operative

   options assessment report means a draft options assessment report prepared under section 9 or a final options assessment report prepared under section 30

   owner,—

   1. in relation to any land, means the person who is for the time being entitled to the rack rent of the land, or who would be so entitled if the land were let to a tenant at a rack rent, and includes—
      1. the owner of the fee simple of the land; and
      2. any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and
   2. in relation to any ship or offshore installation or oil transfer site, has the meaning given in section 222(2) of the Maritime Transport Act 1994

   pecuniary penalty means a penalty imposed under clause 32 of Schedule 8

   permitted activity means an activity to which section 32(2) applies

   permitted activity rule means a rule that specifies conditions for carrying out a permitted activity (see section 30(a)(ii))

   person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate

   plan change means either of the following instruments, if the instrument has been notified for submissions but has not become operative:

   1. a change to a land use plan proposed by a territorial authority:
   2. a change request to a land use plan adopted by a territorial authority under clause 51(1)(a) of Schedule 3

   planning consent has the meaning given in section 107

   plan provision—

   1. means a provision of a land use plan or proposed land use plan; and
   2. includes a provision described in section 28(1) or (2)

   policy, in relation to a key instrument, has the meaning given in section 28(2)

   post-settlement governance entity—

   1. 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
   2. includes an entity established to represent a collective or combination of claimant groups

   prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require

   private plan change means a change request that a territorial authority has decided (under clause 51(1)(b) of Schedule 3) to process as a private plan change, if it has been notified for submissions but has not become operative

   prohibited activity means an activity to which section 33 applies

   proposed land use plan or proposed plan—

   1. means any of the following instruments, if the instrument has been notified for submissions but has not become operative:
      1. a land use plan proposed by a territorial authority:
      2. a change to an operative land use plan proposed by a territorial authority:
      3. a change request adopted by a territorial authority under clause 51(1)(a) of Schedule 3; and
   2. includes a variation to an instrument described in paragraph (a), if that variation has been notified for submissions until the point that it is incorporated into the instrument under clause 42(3) of Schedule 3; but
   3. excludes a private plan change

   protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   protected customary rights area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   qualifying resident, in relation to a district, means any of the following:

   1. a person that is a ratepayer (within the meaning of section 10 of the Local Government (Rating) Act 2002) of the district:
   2. a person that provides infrastructure within the district:
   3. a natural person whose main place of residence is within the district:
   4. a person, other than a natural person, that has an office, or operates, in the district

   regional council—

   1. has the meaning given in section 5(1) of the Local Government Act 2002; and
   2. includes a unitary authority within the meaning of that Act

   regional spatial plan means a regional spatial plan prepared and adopted under Schedule 2

   regulations means regulations made under this Act

   renewable energy activity means—

   1. the establishment, operation, maintenance, or upgrade of an activity that produces energy from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources; and
   2. a supporting and subsidiary activity in relation to an activity described in paragraph (a).

   restricted discretionary activity means an activity to which section 32(3) applies

   road—

   1. has the meaning given in section 315 of the Local Government Act 1974; and
   2. includes a motorway as defined in section 2(1) of the Government Roading Powers Act 1989

   rule has the meaning given in section 30

   significant non-compliance, in relation to non-compliance with an abatement notice, enforcement order, infringement notice, or conviction under this Act, means that the non-compliance is substantial, not minor or technical, and has caused, or has the potential to cause, harm to the built environment that is serious enough to warrant attention and further action from regulatory bodies and relevant authorities

   space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water

   spatial plan committee means a committee whose terms of reference—

   1. are provided by 1 or more local authorities; and
   2. include performing or exercising the functions, power, and duties of a spatial plan committee under this Act

   specified energy activity means—

   1. the establishment, operation, maintenance, or upgrade of—
      1. an activity that produces energy from solar, wind, hydro, geothermal, or biomass sources:
      2. any part of the electricity network:
      3. the storage or discharge of electricity:
      4. thermal electricity generation facilities:
   2. a supporting and subsidiary activity in relation to an activity described in paragraph (a)

   specified topic means any of the following topics:

   1. significant historic heritage sites or significant historic heritage structures:
   2. outstanding natural landscapes or outstanding natural features:
   3. sites of significance to Māori:
   4. areas of high natural character in the coastal environment, wetlands, lakes, rivers, or their margins

   standardised plan provision means a plan provision described in section 48(2) that is contained in a national instrument

   statutory acknowledgement means an acknowledgement made by the Crown in respect of a statutory area, on the terms set out in the legislation listed in Schedule 12

   statutory area means the area subject to a statutory acknowledgement, as defined in the relevant legislation listed in Schedule 12

   stormwater environmental performance standard means a standard made under section 139A of the Water Services Act 2021

   structure means any building, equipment, device, or other facility made by people and which is fixed to land; and includes any raft

   subdivide land and subdivision of land have the meaning given in clause 2 of Schedule 7

   subdivision consent has the meaning given in section 107

   successor includes, in the case of a person that is a body that is not incorporated, the successor a body of persons which is incorporated and composed of substantially the same members

   survey plan has the meaning given in clause 4 of Schedule 7

   tangata whenua, in relation to a particular area, means the iwi, or hapū, that holds mana whenua over the area

   targeted notification, in relation to an application for a planning consent, means notification given in accordance with section 125(3) or (6)

   tender means any form of tender (whether public or otherwise)

   territorial authority has the meaning given in section 5(1) of the Local Government Act 2002

   the Treaty of Waitangi/te Tiriti o Waitangi has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975

   Treaty settlement means—

   1. a Treaty settlement; or
   2. a Treaty settlement deed

   Treaty settlement Act means—

   1. an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
   2. any other Act that provides redress for Treaty of Waitangi/te Tiriti o Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
      1. the Maori Commercial Aquaculture Claims Settlement Act 2004:
      2. the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
      3. the Nga Wai o Maniapoto (Waipa River) Act 2012:
      4. the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010:
      5. the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act and is made under Part 9 of the Fisheries Act 1996

   Treaty settlement deed—

   1. means a deed or other agreement that—
      1. has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
      2. is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
   2. to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
   3. does not include an agreement in principle or any document that is preliminary to a signed and ratified deed

   unitary authority has the meaning given in section 5(1) of the Local Government Act 2002

   unit plan has the meaning given in section 5(1) of the Unit Titles Act 2010

   use,—

   1. in sections 17, 20, 21, 22, 23, and 104(2) and clause 4(1)(b) of Schedule 5, means—
      1. to alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:
      2. to drill, excavate, tunnel, or disturb land in a similar way:
      3. to damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
      4. to deposit a substance in, on, or under land:
      5. any other use of land; and
   2. in sections 17, 20, 21, 22, 23, and 104(2) and clause 4(1)(b) of Schedule 5, also means to enter onto or pass across the surface of water in a lake or river

   variation means an amendment to a proposed land use plan by a territorial authority under clause 42 of Schedule 3

   wāhi tapu has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014

   wastewater environmental performance standard means a standard made under section 138 of the Water Services Act 2021

   water services standard means any of the following:

   1. an infrastructure design solution:
   2. a stormwater environmental performance standard:
   3. a wastewater environmental performance standard

   working day means a day of the week other than—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   3. a day in the period commencing on 20 December in any year and ending with 10 January in the following year.

2. In this Act, unless the context otherwise requires, the following terms have the meanings given in section 3 of the Natural Environment Act 2025:

3. coastal marine area:
4. contaminant:
5. discharge:
6. dumping:
7. geothermal energy:
8. lake.