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Natural Environment Bill

Preliminary provisions

3: Interpretation

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"What special words in the Natural Environment Bill mean"

Illustration for Natural Environment Bill

This part of the Natural Environment Bill explains what certain words and phrases mean. You will see definitions for terms like "abatement notice", "agent", and "aquaculture activities". These definitions help you understand the rest of the bill. The bill also explains what is meant by "coastal marine area", "customary marine title", and "environmental limit". It defines many other terms that are used in the bill, like "geothermal energy", "harmful substance", and "natural hazard". These definitions are important because they help you know what the bill is talking about. The bill is trying to protect the natural environment, and it uses these definitions to explain how it will do that.

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Part 1Preliminary provisions

3Interpretation

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

    abatement notice means a notice served under section 266

      agent or agent of the ship, in relation to a ship, means—

      1. any agent in New Zealand of the owner of the ship; or
        1. any agent of the ship

          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

            aquaculture activities

            1. means any activity described in section 18 done for the purpose of the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest if the breeding, hatching, cultivating, rearing, or ongrowing involves the occupation of a coastal marine area; and
              1. includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but
                1. does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—
                  1. are not in the exclusive and continuous possession or control of the person undertaking the activity; or
                    1. cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed; and
                    2. does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment

                      aquaculture area means an area—

                      1. described and defined in a Gazette notice under section 44(3) or (6) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, including any amendments made to the area under section 44N of that Act; or
                        1. that is deemed to be a Gazetted aquaculture area under section 44M of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, including any amendments made to that area under section 44N of that Act

                          aquaculture decision has the meaning given in section 186C of the Fisheries Act 1996

                            aquaculture settlement area has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004

                              aquatic life has the meaning given in section 2(1) of the Fisheries Act 1996

                                bed,—

                                1. in relation to a river, means the space of land that the waters of the river cover at its fullest flow without overtopping its banks; and
                                  1. 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 highest level without exceeding its margin; and
                                    1. 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:
                                      1. 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; and
                                          1. includes a plan provision authorised by a national instrument in accordance with section 72(1)(b)

                                            best practicable option, in relation to discharge of a contaminant, means the best method for preventing or minimising the adverse effects on natural resources having regard, among other things, to—

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

                                                  biophysical means relating to biotic or abiotic physical features

                                                    certificate of compliance means a certificate granted by a permit authority under section 200

                                                      change request means a request under clause 49 of Schedule 3 of the Planning Act 2025 by a person (other than the regional council) for a change to a natural environment plan

                                                        chief executive means the chief executive of the department

                                                          coastal marine area means the foreshore, seabed, and coastal water, and the air space above the water,—

                                                          1. the seaward boundary of which is the outer limits of the territorial sea; and
                                                            1. the landward boundary of which is the line of mean high-water springs, except that where the line crosses a river, the landward boundary at that point is whichever in the lesser of—
                                                              1. 1 kilometre upstream from the mouth of the river; or
                                                                1. the point upstream that is calculated by multiplying the width of the mouth by 5

                                                                coastal water means seawater within the outer limits of the territorial sea, including—

                                                                1. seawater with a substantial component of freshwater; and
                                                                  1. seawater within estuaries. fiords, inlets, harbours, or embayments

                                                                    commercial fishing has the meaning given in section 2(1) of the Fisheries Act 1996

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

                                                                        comparative permitting process means the permitting process that includes a comparison of the merits of competing applications described in sections 208 to 214

                                                                          conditions, in relation a national environment plan or a permit, includes terms, standards, restrictions, and prohibitions

                                                                            contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms), energy (excluding noise), and heat that by itself or in combination with the same, similar, or other substances, energy, or heat,—

                                                                            1. when discharged into water, changes or is likely to change the physical, chemical, or biological condition of the water; or
                                                                              1. when discharged onto or into land, or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged

                                                                                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

                                                                                      determination, in relation to aquaculture activities, has the meaning given in section 2(1) of the Fisheries Act 1996

                                                                                        discretionary activity means an activity to which section 10(4) applies

                                                                                          discharge includes emit, deposit, and allow to escape

                                                                                            district, in relation to a territorial authority, means the district of the territorial authority as defined in accordance with the Local Government Act 2002 but does not include any area in the coastal marine area

                                                                                              dumping means,—

                                                                                              1. in relation to waste or other matter, its deliberate disposal; and
                                                                                                1. in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment, but does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation if—
                                                                                                  1. those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation; or
                                                                                                    1. the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter

                                                                                                    ecosystem health limit means an environmental limit to protect the life supporting capacity of the natural environment

                                                                                                      effect

                                                                                                      1. includes, irrespective of the scale, intensity, duration, or frequency,—
                                                                                                        1. any positive or adverse effect; and
                                                                                                          1. any temporary or permanent effect; and
                                                                                                            1. any past, present, or future effect; and
                                                                                                              1. 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
                                                                                                                  1. 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 of the Planning Act 2025 as applied by section 297 of this Act

                                                                                                                    environmental limit means—

                                                                                                                    1. a limit set for protecting human health (human health limit); or
                                                                                                                      1. a limit set to protect the life supporting capacity of the natural environment (ecosystem health limit); or
                                                                                                                        1. unless the context otherwise requires, includes any interim limit that is included in a natural environment plan under section 65

                                                                                                                          esplanade reserve has the meaning given in clause 1 of Schedule 7 of the Planning Act 2025

                                                                                                                            esplanade strip has the meaning given in clause 1 of Schedule 7 of the Planning Act 2025

                                                                                                                              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 137

                                                                                                                                    fish has the meaning given in section 2(1) of the Fisheries Act 1996

                                                                                                                                      fisheries resources has the meaning given in section 2(1) of the Fisheries Act 1996

                                                                                                                                        fishing has the meaning given in section 2(1) of the Fisheries Act 1996

                                                                                                                                          foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area

                                                                                                                                            geothermal energy means energy derived or derivable from, and produced within, the earth by natural heat phenomena, and includes geothermal water

                                                                                                                                              geothermal water means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more; and includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena

                                                                                                                                                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

                                                                                                                                                    human health limit means an environmental limit for the purpose of protecting human health

                                                                                                                                                      incineration, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction

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

                                                                                                                                                          interim enforcement order means an order made under section 264

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

                                                                                                                                                              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):
                                                                                                                                                                1. land set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993:
                                                                                                                                                                  1. 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):
                                                                                                                                                                    1. the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
                                                                                                                                                                      1. 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
                                                                                                                                                                            1. 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 Maori freehold land; or
                                                                                                                                                                                1. 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):
                                                                                                                                                                              2. 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
                                                                                                                                                                                  1. remains subject to that Act:
                                                                                                                                                                                  2. 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
                                                                                                                                                                                      1. by the exercise of rights under a Treaty settlement:
                                                                                                                                                                                      2. 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, in relation to a proposed natural environment plan or private plan change, means the independent hearings panel assigned to that proposed plan or plan change under clause 21 of Schedule 3 of the Planning Act 2025 as applied by section 94 of this Act

                                                                                                                                                                                          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 Planning Act 2025, including—
                                                                                                                                                                                              1. a Treaty settlement Act; and
                                                                                                                                                                                                1. Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019; but
                                                                                                                                                                                                2. does not include this Act, the Planning Act 2025, or secondary legislation made under either

                                                                                                                                                                                                  kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources

                                                                                                                                                                                                    lake means a body of fresh water that is entirely, or nearly, surrounded by land

                                                                                                                                                                                                      land

                                                                                                                                                                                                      1. includes land covered by water and the airspace above the land; but
                                                                                                                                                                                                        1. in a national rule, rule in a natural environment plan, or rule in a proposed plan, does not include the bed of a lake or river

                                                                                                                                                                                                          legal effect, in relation to a rule in a proposed natural plan, means legal effect in accordance with clause 58 of Schedule 3 of the Planing Act 2025

                                                                                                                                                                                                            local authority

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

                                                                                                                                                                                                                long-lived infrastructure means—

                                                                                                                                                                                                                1. pipelines that distribute or transmit natural or manufactured gas:
                                                                                                                                                                                                                  1. a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001:
                                                                                                                                                                                                                    1. facilities for the generation of electricity:
                                                                                                                                                                                                                      1. any part of the electricity network:
                                                                                                                                                                                                                        1. structures, facilities, or infrastructure for transport by any means (for example, cycleways, walkways, roads, rail, bridges, or ports):
                                                                                                                                                                                                                          1. facilities for the loading or unloading of cargo or passengers transported by any means:
                                                                                                                                                                                                                            1. any infrastructure that regulations made under section 307 prescribe as long-lived infrastructure

                                                                                                                                                                                                                              mahinga mātaitai means the areas from which food resources are gathered

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

                                                                                                                                                                                                                                  management unit means a defined geographic area within which an environmental limit applies

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

                                                                                                                                                                                                                                      market-based allocation process means a process that—

                                                                                                                                                                                                                                      1. involves competing offers, such as an auction, tender, or other process for determining how to allocate a right to apply for a natural resource permit; and
                                                                                                                                                                                                                                        1. manages demand for a natural resource through a competitive pricing process; and
                                                                                                                                                                                                                                          1. provides a successful participant with an exclusive right to apply for a permit, or an authorisation for the purpose of any preferential rights held by iwi, to undertake a natural resource use activity

                                                                                                                                                                                                                                            master in relation to any ship, has the meaning given in section 2(1) of the Maritime Transport Act 1994

                                                                                                                                                                                                                                              method, in relation to a key instrument, has the meaning given in section 29(4)

                                                                                                                                                                                                                                                mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991

                                                                                                                                                                                                                                                  mining has the meaning given in section 2(1) of the Crown Minerals Act 1991

                                                                                                                                                                                                                                                    mouth, for the purpose of defining the landward boundary of the coastal marine area, means the mouth of the river,—

                                                                                                                                                                                                                                                    1. either—
                                                                                                                                                                                                                                                      1. as agreed and set by the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed plan or plan change; or
                                                                                                                                                                                                                                                        1. as declared by the Environment Court under section 254 upon application by the Minister of Conservation, the regional council, or the territorial authority before the plan or plan change becomes operative; and
                                                                                                                                                                                                                                                        2. once agreed and set or declared, must not be changed, varied, or altered unless the Minister of Conservation, the regional council, and the appropriate territorial authority agree

                                                                                                                                                                                                                                                          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 natural environment 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 environment includes,—

                                                                                                                                                                                                                                                                1. land, water, air, soil, minerals, energy, plants:
                                                                                                                                                                                                                                                                  1. plants (excluding pest species), animals (excluding humans, domesticated animals, or pest species), and their habitats:
                                                                                                                                                                                                                                                                    1. ecosystems and their constituent parts

                                                                                                                                                                                                                                                                      natural environment plan or plan

                                                                                                                                                                                                                                                                      1. means a natural environment plan prepared by a regional council in accordance with Schedule 3 of the Planning Act 2025 that is operative; and
                                                                                                                                                                                                                                                                        1. includes any provision of a natural environment plan that is operative, even if other provisions of a relevant proposed plan or private plan change are not yet operative

                                                                                                                                                                                                                                                                          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
                                                                                                                                                                                                                                                                            1. includes the effects of climate change on any of those occurrences

                                                                                                                                                                                                                                                                              natural resources includes—

                                                                                                                                                                                                                                                                              1. all of the following:
                                                                                                                                                                                                                                                                                1. air; and
                                                                                                                                                                                                                                                                                  1. water, including freshwater, coastal water, and geothermal water; and
                                                                                                                                                                                                                                                                                    1. land (to the extent that it is not provided for or managed under the Planning Act 2025); and
                                                                                                                                                                                                                                                                                      1. soil; and
                                                                                                                                                                                                                                                                                        1. minerals; and
                                                                                                                                                                                                                                                                                          1. plants and animals; and
                                                                                                                                                                                                                                                                                            1. indigenous biodiversity; and
                                                                                                                                                                                                                                                                                            2. ecosystems and their constituent parts

                                                                                                                                                                                                                                                                                              natural resource permit has the meaning given in section 127

                                                                                                                                                                                                                                                                                                natural resource use activity means an activity that involves the allocation of natural resources described in section 223

                                                                                                                                                                                                                                                                                                  noise includes vibration

                                                                                                                                                                                                                                                                                                    occupier means the inhabitant occupier of any property

                                                                                                                                                                                                                                                                                                      occupy, in relation to the coastal marine area, means the activity of occupying any part of the coastal marine area—

                                                                                                                                                                                                                                                                                                      1. where the occupation is reasonably necessary for another activity; and
                                                                                                                                                                                                                                                                                                        1. where the occupation is to the exclusion of any persons or class of persons not expressly allowed to occupy that part of the coastal marine area under a rule in a natural environment plan or by a natural resource permit; and
                                                                                                                                                                                                                                                                                                          1. where a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense, but for a rule in the plan or the holding of a natural resource permit under this Act

                                                                                                                                                                                                                                                                                                            offshore installation has the same meaning as in section 222(1) of the Maritime Transport Act 1994

                                                                                                                                                                                                                                                                                                              oil transfer site has the same meaning as in section 281 of the Maritime Transport Act 1994

                                                                                                                                                                                                                                                                                                                objective, in relation to a key instrument, has the meaning given in section 29(1)

                                                                                                                                                                                                                                                                                                                  operative, in relation to a natural environment plan or provision in a natural environment plan, means the plan or provision—

                                                                                                                                                                                                                                                                                                                  1. has become operative in terms of clause 45 of Schedule 3 of the Planning Act 2025 or is treated as operative in accordance with clause 61 of that schedule; and
                                                                                                                                                                                                                                                                                                                    1. has not ceased to be operative

                                                                                                                                                                                                                                                                                                                      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
                                                                                                                                                                                                                                                                                                                          1. 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 same meaning as in section 222(2) of the Maritime Transport Act 1994

                                                                                                                                                                                                                                                                                                                            permit authority means the regional council or territorial authority whose permission is required to carry out an activity for which a permit is required under this Act

                                                                                                                                                                                                                                                                                                                              permitted activity means an activity to which section 33(2) applies

                                                                                                                                                                                                                                                                                                                                permitted activity rule means a national rule or rule in a natural environment plan that sets conditions for carrying out a permitted activity

                                                                                                                                                                                                                                                                                                                                  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 natural environment plan proposed by a regional council:
                                                                                                                                                                                                                                                                                                                                      1. a change request adopted by a regional council under clause 50(1)(a) of Schedule 3 of the Planning Act 2025

                                                                                                                                                                                                                                                                                                                                        planning consent means a planning consent under the Planning Act 2025

                                                                                                                                                                                                                                                                                                                                          plan provision means a provision of a natural environment plan or proposed natural environment plan

                                                                                                                                                                                                                                                                                                                                            policy, in relation to a key instrument, has the meaning given in section 29(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
                                                                                                                                                                                                                                                                                                                                                1. 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 regional council has decided (under clause 51(1)(b) of Schedule 3 of the Planning Act 2025) 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 34 applies

                                                                                                                                                                                                                                                                                                                                                        proposed natural environment plan or proposed plan

                                                                                                                                                                                                                                                                                                                                                        1. means any of the following instruments, if the instrument has been notified for submissions but have not become operative:
                                                                                                                                                                                                                                                                                                                                                          1. a natural environment plan proposed by a regional council:
                                                                                                                                                                                                                                                                                                                                                            1. a change to an operative natural environment plan proposed by a regional council:
                                                                                                                                                                                                                                                                                                                                                              1. a change request adopted by a regional council under clause 51(1)(a) of Schedule 3 of the Planning Act 2025; 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 of the Planning Act 2025; but
                                                                                                                                                                                                                                                                                                                                                                1. excludes a private plan change

                                                                                                                                                                                                                                                                                                                                                                  prospecting has the meaning given in section 2(1) of the Crown Minerals Act 1991

                                                                                                                                                                                                                                                                                                                                                                    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

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

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

                                                                                                                                                                                                                                                                                                                                                                            qualifying resident, in relation to a region, 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 region:
                                                                                                                                                                                                                                                                                                                                                                              1. a person that provides infrastructure within the region:
                                                                                                                                                                                                                                                                                                                                                                                1. a natural person whose main place of residence is within the region:
                                                                                                                                                                                                                                                                                                                                                                                  1. a person, other than a natural person, that has an office, or operates, in the district

                                                                                                                                                                                                                                                                                                                                                                                    region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002

                                                                                                                                                                                                                                                                                                                                                                                      regional council

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

                                                                                                                                                                                                                                                                                                                                                                                          regional spatial plan means a spatial plan made for a region under the Planning Act 2025

                                                                                                                                                                                                                                                                                                                                                                                            regulations means regulations made under this Act

                                                                                                                                                                                                                                                                                                                                                                                              remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or in such circumstances that, but for a national rule or the rule in a natural environment plan or the holding of a natural resources permit, it would be necessary to hold a licence or profit à prendre

                                                                                                                                                                                                                                                                                                                                                                                                renewable energy activity

                                                                                                                                                                                                                                                                                                                                                                                                1. means 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
                                                                                                                                                                                                                                                                                                                                                                                                  1. a supporting and subsidiary activity in relation to an activity described in paragraph (a)

                                                                                                                                                                                                                                                                                                                                                                                                    residential unit

                                                                                                                                                                                                                                                                                                                                                                                                    1. means a building or part of a building that is used for a residential activity exclusively by 1 household; and
                                                                                                                                                                                                                                                                                                                                                                                                      1. includes sleeping, cooking, bathing, and toilet facilities

                                                                                                                                                                                                                                                                                                                                                                                                        restricted discretionary activity means an activity to which section 33(3) applies

                                                                                                                                                                                                                                                                                                                                                                                                          river

                                                                                                                                                                                                                                                                                                                                                                                                          1. means a body of freshwater that is continuously or intermittently flowing; and
                                                                                                                                                                                                                                                                                                                                                                                                            1. includes a stream and modified watercourse; but
                                                                                                                                                                                                                                                                                                                                                                                                              1. does not include an artificial watercourse, including an irrigation canal, a water supply race, a canal for the supply of water for electric power generation, a farm drainage canal, or any other artificial watercourse

                                                                                                                                                                                                                                                                                                                                                                                                                rule has the meaning given in section 31

                                                                                                                                                                                                                                                                                                                                                                                                                  rule that controls fishing, in relation to a national rule, a rule in a plan, or a rule in a proposed plan,—

                                                                                                                                                                                                                                                                                                                                                                                                                  1. means a rule in that instrument that directly controls fishing other than aquaculture, for example, a rule that controls—
                                                                                                                                                                                                                                                                                                                                                                                                                    1. the use of fishing gear or particular fishing methods; or
                                                                                                                                                                                                                                                                                                                                                                                                                      1. the taking of fish, aquatic life, or seaweed; or
                                                                                                                                                                                                                                                                                                                                                                                                                        1. areas where fishing may occur; but
                                                                                                                                                                                                                                                                                                                                                                                                                        2. does not include a rule that affects fishing indirectly, for example,—
                                                                                                                                                                                                                                                                                                                                                                                                                          1. a rule that restricts the release of noise, odours, or harmful substances; or
                                                                                                                                                                                                                                                                                                                                                                                                                            1. a rule that relates to anchoring, navigation, or vessels

                                                                                                                                                                                                                                                                                                                                                                                                                            seaweed has the meaning given in section 2(1) of the Fisheries Act 1996

                                                                                                                                                                                                                                                                                                                                                                                                                              ship has the meaning given in section 2(1) of the Maritime Transport Act 1994

                                                                                                                                                                                                                                                                                                                                                                                                                                significant non-compliance, in relation to non-compliance with an abatement order, 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 human health or natural resources or people that is serious enough to warrant attention and further action from regulatory bodies and relevant authorities

                                                                                                                                                                                                                                                                                                                                                                                                                                  special tribunal means a special tribunal appointed under clause 5 of Schedule 4 to hear an application for a water conservation order

                                                                                                                                                                                                                                                                                                                                                                                                                                    specified topic means any of the following topics:

                                                                                                                                                                                                                                                                                                                                                                                                                                    1. a significant natural area:
                                                                                                                                                                                                                                                                                                                                                                                                                                      1. a site of significance to Māori:
                                                                                                                                                                                                                                                                                                                                                                                                                                        1. terrestrial indigenous biodiversity

                                                                                                                                                                                                                                                                                                                                                                                                                                          standardised plan provision means a plan provision described in section 95 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 6

                                                                                                                                                                                                                                                                                                                                                                                                                                              statutory area means the area subject to a statutory acknowledgement, as defined in the relevant legislation listed in the Schedule 6

                                                                                                                                                                                                                                                                                                                                                                                                                                                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

                                                                                                                                                                                                                                                                                                                                                                                                                                                    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 natural resource permit, means notification given in accordance with section 146(3) or (5)

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                          territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

                                                                                                                                                                                                                                                                                                                                                                                                                                                            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

                                                                                                                                                                                                                                                                                                                                                                                                                                                              tikanga Māori means Māori customary values and practices

                                                                                                                                                                                                                                                                                                                                                                                                                                                                Treaty settlement means—

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Treaty settlement Act means—

                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1. an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1. 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:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          1. the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            1. the Nga Wai o Maniapoto (Waipa River) Act 2012:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              1. the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1. 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
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1. 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
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1. does not include an agreement in principle or any document that is preliminary to a signed and ratified deed

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        use, in relation to a use of land, 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:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          1. to drill, excavate, tunnel, or disturb land in a similar way:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            1. to damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              1. to deposit a substance in, on, or under land:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1. to enter onto or pass across the surface of water in a lake or river
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  1. any other use of land

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    variation means an amendment to a proposed natural environment plan by a regional council under clause 42 of Schedule 3 of the Planning Act 2025

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        waste or other matter means materials and substances of any kind, form, or description

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          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:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              1. a stormwater environmental performance standard:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1. a wastewater environmental performance standard

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  water

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  1. means water in all its physical forms whether flowing or not and whether over or under the ground:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1. includes fresh water, coastal water, and geothermal water:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1. does not include water in any form while in any pipe, tank, or cistern

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        water body means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          water conservation order has the meaning given in clause 2 of Schedule 4

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            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
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              1. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1. a day in the period commencing on 20 December in any year and ending with 10 January in the following year.