Part 1 Preliminary provisions
4Interpretation
In this Act, unless the context otherwise requires,—
administering agency—
- means a department that, with the authority of the Prime Minister, is responsible for the administration of a specified Act; and
- includes,—
- in relation to the Heritage New Zealand Pouhere Taonga Act 2014, Heritage New Zealand Pouhere Taonga:
- in relation to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the EPA:
- in relation to the Crown Minerals Act 1991,—
- the Department of Conservation, if the appropriate Minister for the relevant land is or includes the Minister of Conservation:
- Land Information New Zealand, if the appropriate Minister for the relevant land is or includes the Minister of Lands
- the Department of Conservation, if the appropriate Minister for the relevant land is or includes the Minister of Conservation:
- in relation to the Heritage New Zealand Pouhere Taonga Act 2014, Heritage New Zealand Pouhere Taonga:
appropriate Minister has the meaning given in section 2A of the Crown Minerals Act 1991
approval has the meaning given in section 24C(3)
approval under a specified Act means a matter under a specified Act that corresponds to an approval under this Act
aquaculture decision means a determination or a reservation made by a panel under clause 16 of Schedule 4
authorised person means,—
- in relation to a Part A listed project or a Part B listed project, the authorised person specified for the project in
Schedule 2
:
- in relation to an unlisted project, the authorised person specified for the project under
section 23(2)
chief executive has the meaning given in section 2(1) of the Fisheries Act 1996
conservation area has the meaning given in clause 17 of Schedule 5
Conservation Board has the meaning given in section 2(1) of the Conservation Act 1987
Crown-owned reserve has the meaning given in clause 17 of Schedule 5
customary marine title area means a customary marine title area as defined in—
-
section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
-
section 9 of the
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
customary marine title group means—
- a customary marine title group as defined in
section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
- a customary marine title hapū as defined in
section 9 of the
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
determination, in relation to an approval described in section 24C(3)(a) (resource consent), means a decision by the panel or a recommendation by the chief executive that they are satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing
fast-track approvals process means the process for granting an approval that is set out in subparts 2A and 2B of Part 2
Game Animal Council means the council established under section 6 of the Game Animal Council Act 2013
General land owned by Māori has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
identified Māori land includes—
- Māori freehold land:
- 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):
- the maunga listed in
section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
-
General land owned by Māori that was previously Māori freehold land, but ceased to have that status in accordance with—
- an order of the Māori Land Court made on or after 1 July 1993; or
- Part 1 of the Māori Affairs Amendment Act 1967:
- an order of the Māori Land Court made on or after 1 July 1993; or
- land vested in the Māori Trustee that—
- is constituted as a Māori reserve by or under the
Maori Reserved Land Act 1955
; and
- remains subject to that Act:
- is constituted as a Māori reserve by or under the
Maori Reserved Land Act 1955
; and
- a reserve under the Reserves Act 1977 that, under a Treaty settlement, is managed wholly or jointly by a Treaty settlement entity:
- land owned by a Treaty settlement entity if the land was acquired—
- as redress for the settlement of Treaty of Waitangi claims; or
- by the exercise of rights under a Treaty settlement:
- as redress for the settlement of Treaty of Waitangi claims; or
- other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over that land
iwi participation legislation means legislation, including any Treaty settlement Act, that provides a role for iwi or hapū in processes relevant to this Act, including processes for an approval under a specified Act
Māori customary land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Māori freehold land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Māori incorporation has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Māori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
mātaitai reserve means a mātaitai reserve declared by notice in the Gazette under Part 9 of the Fisheries Act 1996
Minister means the Minister for Infrastructure
New Zealand Conservation Authority has the meaning given in section 2(1) of the Conservation Act 1987
New Zealand Fish and Game Council has the meaning given in section 2(1) of the Conservation Act 1987
owner,—
- in relation to Māori freehold land, means—
- if the land is vested in 1 or more trustees, those trustees:
- if the land is vested in a Māori incorporation, that incorporation:
- if 1 or more agents have been appointed for the land under Part 10 of Te Ture Whenua Maori Act 1993 with the power to take the relevant action under this Act, those agents:
- in any other case, the beneficial owners of the land:
- if the land is vested in 1 or more trustees, those trustees:
- in relation to land referred to in
paragraph (b)
of the definition of identified Māori land, means the person or persons who, under an Act referred to in that paragraph, act for the natural feature
panel means an expert panel that is appointed in accordance with, and that complies with, Schedule 3
panel convener means the panel convener appointed under clause 2 of Schedule 3
Part A listed project means a project listed in Part A of Schedule 2
Part B listed project means a project listed in Part B of Schedule 2
post-settlement governance entity—
- means a body corporate or the trustees of a trust established, for the purpose of receiving redress in the Treaty settlement of a claimant group,—
- by that group; or
- by or under an enactment or order of a court; and
- by that group; or
- includes—
- an entity established to represent a collective or combination of claimant groups; and
- an entity controlled by an entity referred to in
paragraph (a)
; and
- an entity controlled by a hapū to which redress has been transferred by an entity referred to in
paragraph (a)
- an entity established to represent a collective or combination of claimant groups; and
project—
- means,—
- in relation to a Part A listed project, the project as described in
Schedule 2
:
- in relation to a Part B listed project,—
- the project as described in
Schedule 2
; or
- if the project has been referred, the project as described in the notice under
section 24
:
- the project as described in
Schedule 2
; or
- in relation to an unlisted project,—
- the project as described in the referral application for the project or, if the referral application is yet to be lodged, as it will be described in the application; or
- if the project has been referred, the project as described in the notice under
section 24
; and
- the project as described in the referral application for the project or, if the referral application is yet to be lodged, as it will be described in the application; or
- in relation to a Part A listed project, the project as described in
Schedule 2
:
- includes any activity involved in the project
project area means the whole or any part of the geographical location in which a project is to be undertaken
proposed approval, in relation to a Part B listed project or an unlisted project, means an approval specified in the referral application under section 14(2)(b) as one that the applicant proposes to apply for under the fast-track approvals process
protected customary rights area means—
- a protected customary rights area as defined in
section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
- an area in which a protected customary activity, as defined in section 9 of the
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, is recognised under that Act
protected customary rights group means—
- a protected customary rights group as defined in
section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
- a protected customary activity hapū as defined in section 9 of the
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
referral application means an application under section 14 to use the fast-track approvals process
referred, in relation to a Part B listed project or an unlisted project, means referred to the fast-track approvals process under section 22C
relevant administering agency,—
- in relation to a referral application, means an administering agency for a specified Act that relates to a proposed approval for the project:
- in relation to a substantive application, means an administering agency for a specified Act that relates to an approval being sought in the substantive application
reservation, in relation to an approval described in section 24C(3)(a) (resource consent), means a decision by a panel or a recommendation by the chief executive that they are not satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing
responsible agency means—
responsible agency means the Ministry for the Environment
specified Act means any of the following:
- the Conservation Act 1987:
- the Crown Minerals Act 1991:
- the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
- the Heritage New Zealand Pouhere Taonga Act 2014:
- the Reserves Act 1977:
- the Resource Management Act 1991:
- the Wildlife Act 1953
substantive application means an application under section 24C for approvals for a Part A listed project or a referred project
taiāpure-local fishery means a taiāpure-local fishery established under Part 9 of the Fisheries Act 1996
tangata whenua, in relation to a taiāpure-local fishery, mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996, has the meaning given in section 2(1) of that Act
Treaty settlement means—
- a Treaty settlement Act; or
- a Treaty settlement deed
Treaty settlement Act means—
- an Act listed in
Schedule 3 of the Treaty of Waitangi Act 1975; or
- any other Act that provides redress for Treaty of 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—
- the
Maori Commercial Aquaculture Claims Settlement Act 2004
:
- the
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
:
- the
Nga Wai o Maniapoto (Waipa River) Act 2012
:
- the
Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010
:
- the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
and secondary legislation that gives effect to section 10 of that Act
- the
Maori Commercial Aquaculture Claims Settlement Act 2004
:
Treaty settlement deed—
- means a deed or other agreement that—
- has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
- is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
- has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
- 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
- does not include an agreement in principle or any document that is preliminary to a signed and ratified deed
Treaty settlement entity means any of the following:
- a post-settlement governance entity:
- a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under any
Treaty settlement Act:
- an entity or a person that is authorised by a Treaty settlement Act to act for a natural
feature with legal personhood:
-
Te Ohu Kai Moana or a mandated iwi organisation (as those terms are defined in
section 5(1) of the Maori Fisheries Act 2004):
- an iwi aquaculture organisation (as defined in
section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004)
unlisted project means a project that is not listed in Schedule 2 .
- means a department that, with the authority of the Prime Minister, is responsible for the administration of a specified Act; and
Terms used in this Act that are not defined in this Act have the same meanings as they have in the Resource Management Act 1991, if they are defined in that Act.
Terms used in this Act that are not defined in this Act or the Resource Management Act 1991 have the same meanings as they have in the Marine and Coastal Area (Takutai Moana) Act 2011 or the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, as applicable.
Other terms used in this Act that are not defined in this Act have the same meanings as they have in the relevant specified Act.