4Interpretation

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

   administering agency—

   1. means the chief executive of a department that, with the authority of the Prime Minister, is responsible for the administration of a specified Act (other than the chief executives of the departments that, with the authority of the Prime Minister, are responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014 and the Resource Management Act 1991); and
   2. includes,—
      1. in relation to the Heritage New Zealand Pouhere Taonga Act 2014, Heritage New Zealand Pouhere Taonga:
      2. in relation to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the EPA:
      3. in relation to the Crown Minerals Act 1991,—
         1. the Director-General of Conservation, if the appropriate Minister for the relevant land is or includes the Minister of Conservation:
         2. the chief executive of Land Information New Zealand, if the appropriate Minister for the relevant land is or includes the Minister of Lands

   adverse effect on fishing means a restriction on access for fishing or a displacement of fishing

   applicant, in relation to a referral application, a land exchange application, or a substantive application, means—

   1. the person who lodged, or who is to lodge, the application:
   2. if the application is lodged, or is to be lodged, by more than 1 person, all of those persons

   appropriate Minister has the meaning given in section 2A of the Crown Minerals Act 1991

   approval has the meaning given in section 42(4)

   approval under a specified Act means a matter under a specified Act that corresponds to an approval under this Act

   aquaculture agreement has the meaning given in section 186ZD of the Fisheries Act 1996

   aquaculture decision means a determination or a reservation made by a panel under clause 20 of Schedule 5

   authorised person means,—

   1. in relation to a listed project, an authorised person specified for the project in Schedule 2:
   2. in relation to an unlisted project, an authorised person specified for the project under section 27(2):
   3. if, under paragraph (a) or (b), there is more than 1 authorised person for a project, all of those authorised persons

   compensation declaration has the meaning given in section 186ZD of the Fisheries Act 1996

   competing application, in relation to a substantive application (application A), means a substantive application or an application for an approval under a specified Act (application B) if—

   1. the approval sought or applied for by application B relates to the same natural and physical resources as an approval sought by application A; and
   2. the approval sought or applied for by application B could not be fully exercised (if at all) if the approval referred to in paragraph (a) were granted; and
   3. application B was lodged by someone other than the person who lodged application A

   complex freshwater fisheries activity means an activity that includes construction of any of the following:

   1. a culvert or ford that permanently blocks fish passage:
   2. a permanent dam or diversion structure:
   3. works—
      1. that require disturbance to a water body, including diversions, in-stream operations, and removal of gravel, that persists for more than 3 months; or
      2. that require disturbance of any duration during the whitebaiting season to a water body within 500 m of the coast; or
      3. that require disturbance of any duration during the relevant spawning season to a water body that is known for the spawning of trout, salmon, or native fish; or
      4. that require repeated disturbance to a water body and are temporary works for which there is a period of 6 months or less between each period of work

   conservation area has the meaning given in clause 22 of Schedule 6

   Conservation Board has the meaning given in section 2(1) of the Conservation Act 1987

   Crown-owned reserve has the meaning given in clause 22 of Schedule 6

   customary marine title area means a customary marine title area as defined in—

   1. section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   customary marine title group means—

   1. a customary marine title group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. a customary marine title hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   dam has the meaning given in regulation 2(1) of the Freshwater Fisheries Regulations 1983

   decision document has the meaning given in section 87(1)

   deposit means a concentration or an accumulation that is capable of being mined effectively and economically

   determination, in relation to an approval described in section 42(4)(a) or (b) regarding aquaculture activities to be undertaken in the coastal marine area, means a decision by a panel or a recommendation by the relevant chief executive that they are satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing

   diversion structure has the meaning given in regulation 2(1) of the Freshwater Fisheries Regulations 1983

   electricity infrastructure means electricity lines or infrastructure for the generation of electricity

   electricity lines means works that are used or intended to be used for the conveyance of electricity

   fast-track approvals process means the process for granting an approval that is set out in subparts 2 and 3 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

   Government policy statement means a Government policy statement issued under section 10A

   identified Māori land means any of the following:

   1. Māori freehold land:
   2. 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):
   3. the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
   4. General land owned by Māori that was previously Māori freehold land, but ceased to have that status in accordance with—
      1. an order of the Māori Land Court made on or after 1 July 1993; or
      2. Part 1 of the Maori Affairs Amendment Act 1967:
   5. land vested in the Māori Trustee that—
      1. is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955; and
      2. remains subject to that Act:
   6. a reserve under the Reserves Act 1977 that, under a Treaty settlement, is managed wholly or jointly by a Treaty settlement entity:
   7. land owned by a Treaty settlement entity if the land was acquired—
      1. as redress for the settlement of Treaty of Waitangi claims; or
      2. by the exercise of rights under a Treaty settlement:
   8. other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, 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

   land exchange has the meaning given in clause 22 of Schedule 6

   land exchange application means the information required to be lodged under section 33(1)

   listed project means a project listed in Schedule 2

   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

   ngā hapū o Ngāti Porou has the meaning given in section 10 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   ngā rohe moana o ngā hapū o Ngāti Porou has the meaning given in section 11 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   owner,—

   1. in relation to Māori freehold land, means,—
      1. if the land is vested in 1 or more trustees, those trustees:
      2. if the land is vested in a Māori incorporation, that incorporation:
      3. 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:
      4. in any other case, the beneficial owners of the land:
   2. in relation to land referred to in paragraph (b) of the definition of identified Māori land, means the entity or person who, under an Act referred to in that paragraph, acts 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 1 of Schedule 3

   post-settlement governance entity—

   1. 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,—
      1. by that group; or
      2. by or under an enactment or order of a court; and
   2. includes—
      1. an entity established to represent a collective or combination of claimant groups; and
      2. an entity controlled by an entity referred to in paragraph (a); and
      3. an entity controlled by a hapū to which redress has been transferred by an entity referred to in paragraph (a)

   pre-request aquaculture agreement has the meaning given in section 186ZD of the Fisheries Act 1996

   priority project means a project that the Minister has determined is a priority project under section 38

   processing, when used in reference to suspending, resuming, or stopping the processing of a substantive application, includes the preparation of any of the following:

   1. advice or a report requested under section 51:
   2. a recommendation on an aquaculture decision requested under section 48:
   3. an aquaculture decision

   project—

   1. means,—
      1. in relation to a listed project, the project as described in Schedule 2:
      2. in relation to an unlisted project,—
         1. 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
         2. if the project has been referred, the project as described in the notice under section 28; and
   2. includes any activity that is involved in, or that supports and is subsidiary to, a project referred to in paragraph (a)

   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 project, means an approval specified in the referral application under section 13(2)(d) as one that is proposed to be applied for under the fast-track approvals process

   protected customary rights area means—

   1. a protected customary rights area as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. 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—

   1. a protected customary rights group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. a protected customary activity hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   public conservation land means land to which either or both of the following apply:

   1. the land is held, managed, or administered under the Conservation Act 1987, the National Parks Act 1980, the Reserves Act 1977, or the Wildlife Act 1953:
   2. the land is listed in Schedule 4

   quota management system has the meaning given in section 2(1) of the Fisheries Act 1996

   referral application means an application under section 13 to use the fast-track approvals process

   referred, in relation to an unlisted project, means referred to the fast-track approvals process under section 26

   regulations means regulations made under section 116

   relevant administering agency,—

   1. in relation to a referral application, means an administering agency for a specified Act that relates to a proposed approval for the project:
   2. 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

   relevant chief executive means,—

   1. in relation to an aquaculture decision, the chief executive as defined in section 2(1) of the Fisheries Act 1996:
   2. in relation to an approval described in section 42(4)(n) (mining permit), the chief executive as defined in section 2(1) of the Crown Minerals Act 1991

   relevant local authority, in relation to a referral application or substantive application,—

   1. means any local authority whose region or district the project area is in; and
   2. if a proposed approval in the referral application or an approval sought in the substantive application is one described in section 42(4)(k) (marine consent), includes any local authority whose region or district is adjacent to the site where the relevant activity would be undertaken

   relevant portfolio Minister means a Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for,—

   1. in relation to a proposed Government policy statement, a portfolio that is directly related to the subject of the proposed Government policy statement; or
   2. in relation to a project, either or both of the following:
      1. a portfolio that is directly related to the nature of the project (for example, the Minister responsible for energy, in the case of a project to construct a solar farm):
      2. the administration of a specified Act that relates to a proposed approval for the project or to an approval being sought in the substantive application (for example, the Minister responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014, in the case of a project that requires an archaeological authority)

   reservation, in relation to an approval described in section 42(4)(a) or (b) regarding aquaculture activities to be undertaken in the coastal marine area, means a decision by a panel or a recommendation by the relevant 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 the Secretary for the Environment

   specified Act means any of the following:

   1. the Conservation Act 1987 (including the Freshwater Fisheries Regulations 1983):
   2. the Crown Minerals Act 1991:
   3. the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
   4. the Heritage New Zealand Pouhere Taonga Act 2014:
   5. the National Parks Act 1980:
   6. the Reserves Act 1977:
   7. the Resource Management Act 1991:
   8. the Wildlife Act 1953

   standard freshwater fisheries activity means an activity that includes construction of any of the following:

   1. a culvert or ford that could impede but not permanently block fish passage:
   2. weirs that comply with the conditions of regulation 72 of the Resource Management (National Environmental Standards for Freshwater) Regulations 2020:
   3. works—
      1. that require active disturbance to a water body, including diversions, in-stream operations, and removal of gravel, that does not persist for more than 3 months; or
      2. that require disturbance of any duration outside the whitebaiting season to a water body within 500 m of the coast; or
      3. that require disturbance of any duration outside the relevant spawning season to a water body that is known for the spawning of trout, salmon, or native fish; or
      4. that require repeated disturbance to a water body and are temporary works for which there is a period of more than 6 months between each period of work

   substantive application means an application under section 42 for 1 or more approvals for 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—

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

   Treaty settlement Act means—

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

   Treaty settlement deed—

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

   Treaty settlement entity means any of the following:

   1. a post-settlement governance entity:
   2. a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under any Treaty settlement Act:
   3. an entity or a person that is authorised by a Treaty settlement Act to act for a natural feature with legal personhood:
   4. Te Ohu Kai Moana or a mandated iwi organisation (as those terms are defined in section 5(1) of the Maori Fisheries Act 2004):
   5. 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

   wildlife has the meaning given in section 2(1) of the Wildlife Act 1953.

2. Unless the context otherwise requires, terms used and not defined in this Act have the meanings given in—

3. the Resource Management Act 1991, if they are defined in that Act:
4. the relevant specified Act, if they are not defined in the Resource Management Act 1991 and are defined in the specified Act.

5. A reference in a schedule of this Act to an application for a particular approval, when used in relation to a substantive application, means the part of the substantive application that relates to that approval.