5Approvals relating to Resource Management Act 1991 Empowered by s 115
1Interpretation
In this schedule,—
application for the change or cancellation of a condition means an application for an approval described in section 42(4)(b)
certificate of compliance means an approval of the kind described in section 42(4)(c)
coastal permit means a resource consent to do something in a coastal marine area that otherwise would contravene any of sections 12, 14, 15, 15A, and 15B of the Resource Management Act 1991
consent application means an application for an approval described in section 42(4)(a)
designation means a designation for which an application is lodged under section 42(4)(d)
notice of requirement means an application for an approval described in section 42(4)(d)
resource consent or consent means an approval of the kind described in section 42(4)(a).
2Information about resource consent or notice of requirement required in referral application
The information required to be provided under section 13(4)(y)(i) is—
- an assessment of the project against—
- any relevant national policy statement; and
- any relevant national environmental standards; and
- if relevant, the New Zealand Coastal Policy Statement; and
- any relevant national policy statement; and
- in relation to any proposed approval that is a resource consent, whether, to the best of the applicant’s knowledge, there are any existing resource consents of the kind referred to in section 30(3)(a).
If the referral application is to be lodged by more than 1 person, the reference to the applicant in subclause (1)(b) must be read as a reference to the person who is to be identified in the application as the proposed holder of the resource consent.
3Information about change or cancellation of condition required in referral application
The information to be provided under section 13(4)(y)(ii) is information about whether the change or cancellation of the condition is material to the implementation or delivery of the project.
4Information about certificate of compliance required in referral application
The information required to be provided under section 13(4)(y)(iii) is information that shows the activity that the certificate of compliance is intended to cover can be done lawfully in the particular location without a resource consent.
5Information required in consent application
For the purposes of section 43(3)(a), a consent application must include the following information:
- a description of the proposed activity; and
- a description and map of the site at which the activity is to occur, including whether the site is within or adjacent to—
- a statutory area (as defined in the relevant Treaty settlement Act); or
- ngā rohe moana o ngā hapū o Ngāti Porou; or
- a protected customary rights area under the Marine and Coastal Area (Takutai Moana) Act 2011; and
- a statutory area (as defined in the relevant Treaty settlement Act); or
- confirmation that the consent application complies with section 46(2)(a), (b), and (d); and
- the full name and address of—
- each owner of the site and of land adjacent to the site; and
- each occupier of the site and of land adjacent to the site whom the applicant is unable to identify after reasonable inquiry; and
- each owner of the site and of land adjacent to the site; and
- a description of any other activities that are part of the proposal to which the consent application relates; and
- a description of any other resource consents, notices of requirement for designations, or alterations to designations required for the project to which the consent application relates; and
- an assessment of the activity against sections 5, 6, and 7 of the Resource Management Act 1991; and
- an assessment of the activity against any relevant provisions in any of the documents listed in subclause (2); and
- information about any Treaty settlements that apply in the area covered by the consent application, including—
- identification of the relevant provisions in those Treaty settlements; and
- a summary of any redress provided by those settlements that affects natural and physical resources relevant to the project or project area; and
- identification of the relevant provisions in those Treaty settlements; and
- a list of any relevant customary marine title groups, protected customary rights groups, ngā hapū o Ngāti Porou (where an application is within, adjacent to or directly affecting ngā rohe moana o ngā hapū o Ngāti Porou), or applicants under the Marine and Coastal Area (Takutai Moana) Act 2011; and
- the conditions that the applicant proposes for the resource consent; and
- if a notice under section 30(3)(b) or (5) has been received,—
- a copy of that notice showing that it was received within the time frame specified in section 30(6)(b); and
- if a notice has been received under section 30(5), any more up-to-date information that the applicant is aware of about the existing resource consent referred to in the notice.
- a copy of that notice showing that it was received within the time frame specified in section 30(6)(b); and
The documents referred to in subclause (1)(h) are the following:
- a national environmental standard:
- other regulations made under the Resource Management Act 1991:
- a national policy statement:
- a New Zealand coastal policy statement:
- a regional policy statement or proposed regional policy statement:
- a plan or proposed plan:
- a planning document recognised by a relevant iwi authority and lodged with a local authority.
An assessment under subclause (1)(h) must include an assessment of the activity against—
- any relevant objectives, policies, or rules in a document listed in subclause (2); and
- any requirement, condition, or permission in any rules in any of those documents; and
- any other requirements in any of those documents.
A consent application must include an assessment of the activity’s effects on the environment that—
- includes the information required by clause 6; and
- covers the matters specified in clause 7.
A consent application must also include the following information:
- if a permitted activity is part of the proposal to which the consent application relates, a description that demonstrates that the activity complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1) of the Resource Management Act 1991); and
- if the activity is to occur in an area that is within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 or the environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, an assessment of the activity against any resource management matters set out in that document; and
- if the activity is to occur in an area that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996, an assessment of the effects of the activity on the use or management of the area.
If the applicant is not able to supply the name and address of the owner and each occupier of the site and of land adjacent to the site because the land is Māori land in multiple ownership, the applicant must include a statement to that effect.
If the substantive application is to be lodged by more than 1 authorised person, the references to the applicant in subclauses (1)(d), (k), (l) and (6) must be read as references to the authorised person who is to be identified in the application as the proposed holder of the resource consent.
Compare
- 2020 No 35 Schedule 6 cl 9
6Information required to assess environmental effects
The assessment of an activity’s effects on the environment under clause 5(4) must include the following information:
- an assessment of the actual or potential effects on the environment:
- if the activity includes the use of hazardous installations, an assessment of any risks to the environment that are likely to arise from such use:
- if the activity includes the discharge of any contaminant, a description of—
- the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
- any possible alternative methods of discharge, including discharge into any other receiving environment:
- the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
- a description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect of the activity:
- identification of persons who may be affected by the activity and any response to the views of any persons consulted, including the views of iwi or hapū that have been consulted in relation to the proposal:
- if iwi or hapū elect not to respond when consulted on the proposal, any reasons that they have specified for that decision:
- if the scale and significance of the activity’s effects are such that monitoring is required, a description of how the effects will be monitored and by whom, if the activity is approved:
- an assessment of any effects of the activity on the exercise of a protected customary right.
A consent application need not include any additional information specified in a relevant policy statement or plan that would be required in an assessment of environmental effects under clause 6(2) or 7(2) of Schedule 4 of the Resource Management Act 1991.
Compare
- 2020 No 35 Schedule 6 cl 10
7Matters to be covered in assessment of environmental effects
The assessment of an activity’s effects on the environment under clause 5(4) must cover the following matters:
- any effect on the people in the neighbourhood and, if relevant, the wider community, including any social, economic, or cultural effects:
- any physical effect on the locality, including landscape and visual effects:
- any effect on ecosystems, including effects on plants or animals and physical disturbance of habitats in the vicinity:
- any effect on natural and physical resources that have aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations:
- any discharge of contaminants into the environment and options for the treatment and disposal of contaminants:
- any unreasonable emission of noise:
- any risk to the neighbourhood, the wider community, or the environment through natural hazards or hazardous installations.
Compare
- 2020 No 35 Schedule 6 cl 11
8Information required in application for subdivision or reclamation
In addition to the information required under clause 5, a consent application for a subdivision must include information that adequately defines the following:
- the position of all new boundaries; and
- the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan; and
- the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips; and
- the locations and areas of existing esplanade reserves, esplanade strips, and access strips; and
- the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A of the Resource Management Act 1991; and
- the locations and areas of any land within the coastal marine area that is to become part of the common marine and coastal area under section 237A of the Resource Management Act 1991; and
- the locations and areas of land to be set aside as new roads.
In addition to the information required by clause 5, a consent application for a reclamation must include information to show the area to be reclaimed, including the following:
- the location of the area to be reclaimed:
- if practicable, the position of all new boundaries:
- any part of the reclaimed area to be set aside as an esplanade reserve or esplanade strip.
Compare
- 2020 No 35 Schedule 6 cl 12
9Information required in application including standard freshwater fisheries activity
For the purposes of section 43(3)(a), a consent application for a project that includes a standard freshwater fisheries activity must include the information set out in clause 3 of Schedule 9.
10Information required in application for change or cancellation of condition
For the purposes of section 43(3)(b) an application for the change or cancellation of a condition must include the same information as required by clauses 5 to 9, and those clauses apply as if references to—
- a resource consent were references to the change or cancellation of a condition; and
- an activity were references to the effects of the change or cancellation of the condition.
11Information required in application for certificate of compliance
For the purposes of section 43(3)(c), an application for a certificate of compliance must include the following information:
- a description of the proposed activity; and
- confirmation that the application for the certificate of compliance complies with section 46(2)(a), (b), and (d); and
- a description of any other resource consents, notices of requirement for designations, or alterations to designations required for the project to which the application for the certificate of compliance relates; and
- an explanation of how the activity meets the relevant provisions of the district or regional plan, and any relevant national environmental standard.
If the activity is to occur in an area that is within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 or the environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, the application must include an assessment of the activity against any resource management matters set out in that document.
12Information required in notice of requirement
For the purposes of section 43(3)(d), a notice of requirement must include the following information:
- a description of the site to which the notice of requirement applies, including whether the site is within or adjacent to a statutory area (as defined in a relevant Treaty settlement Act); and
- information on the effects of the proposed project or work on the environment, together with a description of how any adverse effects will be mitigated; and
- confirmation that the notice of requirement complies with section 46(2)(a), (b), and (d); and
- an assessment of the project or work against—
- sections 5, 6, and 7 of the Resource Management Act 1991; and
- any relevant provisions in any of the documents listed in subclause (2); and
- sections 5, 6, and 7 of the Resource Management Act 1991; and
- information about any Treaty settlements that apply in the area to which the substantive application relates, including—
- identification of the relevant provisions in those Treaty settlements; and
- a summary of any redress provided by those settlements that affects natural and physical resources relevant to the area to which the substantive application relates; and
- identification of the relevant provisions in those Treaty settlements; and
- the full name and address of—
- each owner of the land to which the notice of requirement relates and of the land adjacent to that land; and
- each person who, after reasonable inquiry, is known by the requiring authority to be an occupier of the land to which the notice relates and of the land adjacent to that land; and
- each owner of the land to which the notice of requirement relates and of the land adjacent to that land; and
- an assessment of whether the project or work and the designation sought are reasonably necessary for achieving the objectives of the requiring authority; and
- any consideration of alternative sites, routes, or methods of undertaking the project or work; and
- a list of the resource consents needed for the project or work and whether they have been applied for; and
- a description of any consultation undertaken with parties likely to be affected by the project or work and the designation; and
- any conditions that the requiring authority proposes for the designation.
The documents referred to in subclause (1)(d)(ii) are the following:
- a national policy statement:
- a New Zealand coastal policy statement:
- a regional policy statement or proposed regional policy statement:
- a plan or proposed plan:
- a planning document recognised by a relevant iwi authority and lodged with a local authority.
If the applicant is not able to supply the name and address of the owner and each occupier of the site and of land adjacent to the site because the land is Māori land in multiple ownership, the applicant must include a statement to that effect.
If the substantive application is to be lodged by more than 1 authorised person, the reference to the applicant in subclause (3) must be read as a reference to the authorised person who is to be identified in the application as the proposed holder of the notice of requirement.
Compare
- 2020 No 35 Schedule 6 cl 13
13Persons to be invited to provide written comments
For the purposes of section 53(2)(m)(i), the persons or groups are—
- the Director-General of Conservation:
- iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements.
14Chief executive may seek information or consult certain persons
For the purpose of making a recommendation on an aquaculture decision requested under section 48, the relevant chief executive may seek information relevant to the application for the resource consent from—
- the applicant:
- any fisher whose interests may be affected:
- persons and organisations that the relevant chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the granting of the coastal permit or change to, or cancellation of, the conditions of the coastal permit.
Before making a recommendation on an aquaculture decision, the relevant chief executive may consult any of the persons or organisations specified in subclause (1).
If the relevant chief executive seeks information or consults persons or organisations under this clause,—
- the relevant chief executive must do so at the same time as the panel seeks written comments on the application for the resource consent; and
- the persons or organisations must provide the information or submissions to the relevant chief executive within 20 working days after the chief executive’s request.
The relevant chief executive must provide any information or submissions received under subclause (3)(b) to the EPA no later than 5 working days after the date by which information or submissions must be received under that subclause.
The EPA must provide the information received under subclause (4) to the panel.
If the substantive application is lodged by more than 1 authorised person, the reference to the applicant in subclause (1)(a) must be read as a reference to the authorised person who is identified in the application as the proposed holder of the coastal permit.
15Relevant chief executive to make recommendation to panel on aquaculture decision
The relevant chief executive must, within 5 working days after receiving from the panel under section 71 draft consent conditions relating to the application for the resource consent, provide the EPA with a recommendation on an aquaculture decision consisting of—
- a determination; or
- a reservation; or
- 1 or more determinations or reservations, or both, in relation to different parts of the area to which the request relates.
After having regard to the following, the relevant chief executive must make a recommendation under subclause (3):
- information held by the Ministry that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Fisheries Act 1996; and
- information supplied, or submissions made, to the relevant chief executive under clause 14(3)(b); and
- information that is forwarded by the panel; and
- any other information that the relevant chief executive has requested and obtained.
In making a recommendation on an aquaculture decision, the relevant chief executive must take into account sections 8 to 10 and 186GB(1) and (2) of the Fisheries Act 1996.
A recommendation on an aquaculture decision must—
- be in writing; and
- define the areas that are subject to the recommendation; and
- provide reasons for the recommendation; and
- include the information described in subclause (2)(a), (b), and (d).
If the relevant chief executive recommends a determination, the recommended determination may—
- specify any condition of the coastal permit that is material to the recommendation and that relates to the character, intensity, or scale of the aquaculture activities; and
- state that the condition may not be changed or cancelled until the relevant chief executive makes a further aquaculture decision in relation to the area affected by the change or cancellation under the Fisheries Act 1996.
If the relevant chief executive recommends a reservation, the recommended reservation must also include—
- whether the reservation relates to customary, recreational, or commercial fishing, or a combination of them; and
- if the reservation relates to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and
- any other matters required to be included by regulations made under the Fisheries Act 1996, as if the recommended reservation were an aquaculture decision made under that Act.
The EPA must provide the recommendation on the aquaculture decision to the panel.
16Order in which recommendation requests to panel on aquaculture decision to be processed
The relevant chief executive must make recommendations on aquaculture decisions in the same order in which the requests for the decisions are received.
For the purposes of subclause (1), the order in which recommendations must be made in relation to requests received on the same day is determined by the time when the requests are received.
If 2 or more requests for recommendations are received at the same time, the relevant chief executive must make recommendations in the order specified by the EPA.
The relevant chief executive must give higher priority to processing a request made by a panel under section 48 than a request made as a consequence of coastal permits granted under the Resource Management Act 1991.
17Criteria and other matters for assessment of consent application
For the purposes of section 81, when considering a consent application, including conditions in accordance with clauses 18 and 19, the panel must take into account, giving the greatest weight to paragraph (a),—
- the purpose of this Act; and
- the provisions of Parts 2, 3, 6, and 8 to 10 of the Resource Management Act 1991 that direct decision making on an application for a resource consent (but excluding section 104D of that Act); and
- the relevant provisions of any other legislation that directs decision making under the Resource Management Act 1991.
For the purpose of applying any provisions in subclause (1),—
- a reference in the Resource Management Act 1991 to Part 2 of that Act must be read as a reference to sections 5, 6, and 7 of that Act; and
- if the consent application relates to an activity that is the subject of a determination under section 23 of this Act, the panel must treat the effects of the activity on the relevant land and on the rights or interests of Māori as a relevant matter under section 6(e) of the Resource Management Act 1991; and
- to avoid doubt, for the purposes of subclause (1)(b), when taking into account section 104(1)(c) of the Resource Management Act 1991, any Mana Whakahono ā Rohe or joint management agreement that is relevant to the approval is a relevant matter.
Subclause (4) applies to any provision of the Resource Management Act 1991 (including, for example, section 87A(6)) or any other Act referred to in subclause (1)(c) that would require a decision maker to decline an application for a resource consent.
For the purposes of subclause (1), the panel must take into account that the provision referred to in subclause (3) would normally require an application to be declined, but must not treat the provision as requiring the panel to decline the application the panel is considering.
In the case of an application for a coastal permit for aquaculture activities, if the panel makes a reservation under clause 20 in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system, the panel must not grant the coastal permit in respect of the areas covered by the reservation.
For the purposes of subclause (1), the provisions referred to in that subclause must be read with all necessary modifications, including that a reference to a consent authority must be read as a reference to a panel.
Sections 123 and 123A of the Resource Management Act 1991 apply to a decision of the panel on the consent.
18Conditions on resource consent
When setting conditions on a consent, the provisions of Parts 6, 9, and 10 of the Resource Management Act 1991 that are relevant to setting conditions on a resource consent apply to the panel, subject to all necessary modifications, including the following:
- a reference to a consent authority must be read as a reference to a panel; and
- a reference to services or works must be read as a reference to any activities that are the subject of the consent application.
19Conditions on resource consent may deal with standard freshwater fisheries activity
A panel may set conditions on a consent in respect of a standard freshwater fisheries activity for which approval, dispensation, or authorisation is required, or for which a requirement may be imposed, under the following provisions:
- regulation 42 of the Freshwater Fisheries Regulations 1983:
- regulation 43 of the Freshwater Fisheries Regulations 1983:
- regulation 65(2) of the Freshwater Fisheries Regulations 1983:
- section 26ZM(2)(a) or (3)(b) of the Conservation Act 1987.
If the panel sets conditions under subclause (1), they must be the conditions the panel considers necessary to manage the effects of the activity on freshwater fish species, taking into account—
- best practice standards; and
- the New Zealand Fish Passage Guidelines.
-
The provisions referred to in subclause (1)(a) to (d) do not apply to the holder of a resource consent issued under this Act who complies with the relevant conditions imposed under this clause.
Guidance note
The New Zealand Fish Passage Guidelines are available at https://niwa.co.nz/freshwater/new-zealand-fish-passage-guidelines
20Panel to make aquaculture decision
For the purposes of section 80, an aquaculture decision may consist of—
- a determination; or
- a reservation; or
- 1 or more determinations or reservations or both in relation to different parts of the area to which the request relates.
The panel must have regard to the information described in clause 15(2).
In making an aquaculture decision, the panel must—
- take into account, giving the greatest weight to subparagraph (i),—
- the purpose of this Act; and
- sections 8 to 10 and 186GB(1) and (2) of the Fisheries Act 1996; and
- the purpose of this Act; and
- have regard to the recommendation of the relevant chief executive made under clause 15.
An aquaculture decision may differ from the recommendation made by the relevant chief executive.
If the panel makes a determination, the determination may—
- specify any condition of the coastal permit that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities; and
- state that the condition may not be changed or cancelled until the relevant chief executive makes a further aquaculture decision under the Fisheries Act 1996 in relation to the area affected by the change or cancellation.
If the panel makes a reservation, the reservation must also include—
- whether the reservation relates to customary, recreational, or commercial fishing, or a combination of them; and
- if the reservation relates to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and
- any other matters required to be included by regulations made under the Fisheries Act 1996, as if the reservation were an aquaculture decision made under that Act.
An aquaculture decision must—
- be in writing; and
- define the areas that are subject to the decision; and
- provide reasons for the decision.
21Conditions to be included in coastal permit relating to reservation
If the panel makes a reservation under section 80 in relation to commercial fishing in relation to stocks or species subject to the quota management system, the panel must include consent conditions on the coastal permit noting the areas affected by the reservation.
22Content of decision document for coastal permit
If the panel makes a determination under section 80, the panel must note any conditions on the coastal permit that may not be changed or cancelled until a further aquaculture decision is made under the Fisheries Act 1996.
If the panel makes a reservation in relation to commercial fishing of stocks or species subject to the quota management system, the panel must notify the applicant that the permit will not commence in the area affected by the reservation unless—
- an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
- a compensation declaration is registered under section 186ZHA of the Fisheries Act 1996.
If the substantive application was lodged by more than 1 authorised person, the reference to the applicant in subclause (2) must be read as a reference to the authorised person who was identified in the application as the proposed holder of the coastal permit.
23Criteria for assessment of application for change or cancellation of condition
For the purposes of section 81, when considering an application for the change or cancellation of a condition,—
- the panel must apply section 127(1) and (3) of the Resource Management Act 1991 as if—
- in section 127(3) of the Resource Management Act 1991, the reference to sections 88 to 121 of that Act were to the provisions of Part 6 of that Act that relate to decision making on a resource consent; and
- the provisions of Part 6 of that Act were read with all necessary modifications, including that a reference to a consent authority must be read as a reference to a panel; and
- in section 127(3) of the Resource Management Act 1991, the reference to sections 88 to 121 of that Act were to the provisions of Part 6 of that Act that relate to decision making on a resource consent; and
- the panel must consider any Mana Whakahono ā Rohe or joint management agreement that is relevant to the approval; and
- to avoid doubt, section 127(4) of the Resource Management Act 1991 does not apply.
24Criteria and other matters for assessment of notice of requirement
For the purposes of section 81, when considering a notice of requirement, including conditions in accordance with clause 25, the panel must, giving the greatest weight to paragraph (a)(i),—
- take into account—
- the purpose of this Act; and
- the provisions of Part 8 of the Resource Management Act 1991 that direct decision making on an application for a designation (except section 170); and
- the relevant provisions of any other legislation that directs decision making under the Resource Management Act 1991; and
- the purpose of this Act; and
- consider any Mana Whakahono ā Rohe or joint management agreement that is relevant to the approval.
For the purpose of applying any provisions in subclause (1),—
- a reference in the Resource Management Act 1991 to Part 2 of that Act must be read as a reference to sections 5, 6, and 7 of that Act; and
- if the notice of requirement relates to an activity that is the subject of a determination under section 23 of this Act, the panel must treat the effects of the activity on the relevant land and on the rights or interests of Māori as a relevant matter under section 6(e) of the Resource Management Act 1991.
For the purposes of subclause (1), the provisions referred to in that subclause must be read with all necessary modifications, including (where appropriate) that a reference to a consent authority must be read as a reference to a panel.
25Conditions on designation
When setting conditions on a designation, the provisions of Part 8 of the Resource Management Act 1991 relevant to setting conditions on a designation apply to the panel, subject to all necessary modifications, as if references to a consent authority were references to a panel.
26Content of decision document for resource consent or designation
A decision document for a resource consent or designation may specify the date on which the approval lapses unless it is given effect to by the specified date.
A date specified under subclause (1) must be no less than 2 years after the approval commences.
If no date is specified under subclause (1), the approval lapses after it commences.
27Criteria and other matters for assessment of applications for certificate of compliance
For the purposes of section 81, the panel must grant the certificate of compliance if the activity that the certificate is intended to cover can be done lawfully in the particular location without a resource consent.
The panel must not grant the certificate of compliance if—
- the application under this Act for the certificate is made after a proposed plan is notified; and
- the activity could not be done lawfully in the particular location without a resource consent under the proposed plan.
The panel must not grant a certificate of compliance if a notice for the activity is in force under section 87BA(1)(c) or 87BB(1)(d) of the Resource Management Act 1991.
28Content of decision document for certificate of compliance
Section 139(7) of the Resource Management Act 1991 applies to a certificate of compliance issued under this Act.
29Panel may waive requirement for outline plan for designation
If a panel grants a designation,—
- it may waive the requirement for an outline plan as required by section 176A of the Resource Management Act 1991; but
- if it does not waive the requirement under that section, the outline plan must be submitted to the territorial authority in accordance with that section.
Compare
- 2020 No 35 Schedule 6 cl 33(7)
30Designations to be included in district plans
This clause applies after a panel issues a decision document under section 88 confirming or modifying a designation (with or without modification).
The territorial authority must, without using Schedule 1 of the Resource Management Act 1991,—
- include the designation in its district plan and any proposed district plan, as if it were a rule in the plan or proposed plan; and
- state in the plan and any proposed plan the name of the requiring authority that has the benefit of the designation.
The designation commences when it is included in a district plan.
Compare
- 2020 No 35 Schedule 6 cl 41
31Status of resource consents or certificates of compliance granted, or designations confirmed or modified, under this Act and role of local authority
This clause applies to—
- a resource consent that is granted under this Act; and
- a resource consent for which a condition of the consent is changed or cancelled under this Act; and
- a certificate of compliance that is granted under this Act; and
- a designation that is confirmed or modified and included in a district plan.
The local authority that, but for this Act, would have had responsibility—
- for granting a resource consent or certificate of compliance under the Resource Management Act 1991 has all the functions, powers, and duties in relation to a resource consent or certificate of compliance granted under this Act, or a resource consent with a condition changed or cancelled under this Act, as if it had granted the resource consent or certificate of compliance itself; and
- for recommending, under the Resource Management Act 1991, that a designation be confirmed or modified, has all the functions, powers, and duties in relation to the designation as if it had dealt with the matter itself.
Unless otherwise specified in this Act,—
- a resource consent or certificate of compliance granted, or a designation confirmed or modified and included in a district plan, or a resource consent with a condition changed or cancelled, under this Act has full force and effect for its duration, and according to its terms and conditions, as if it were granted under the Resource Management Act 1991; and
- any provision of an enactment that refers to a resource consent or certificate of compliance granted, or a designation confirmed or modified and included in a district plan, under the Resource Management Act 1991 (including any such provision in that Act) must be read, with any necessary modifications, as including a resource consent or certificate of compliance granted, or a designation confirmed and included in a district plan, or a resource consent with a condition changed or cancelled, under this Act.
Despite subclause (3)(a), section 116A of the Resource Management Act 1991 does not apply in respect of the commencement of coastal permits for aquaculture activities granted under this Act.
To avoid doubt, the functions, powers, and duties referred to in subclause (2) include—
- determining any application to extend the period for which a consent may lapse under section 125(1A) or 184 of the Resource Management Act 1991; and
- determining any application for a change or cancellation of a condition of a resource consent under section 127 of the Resource Management Act 1991.
Compare
- 2020 No 35 Schedule 6 cl 42
32Interim effect of designations
Section 178(2) to (6) of the Resource Management Act 1991 applies, with the necessary modifications, to an application for an approval described in section 42(4)(d).
Compare
- 2020 No 35 Schedule 6 cl 43
33Application of subpart 4 of Part 9A of Fisheries Act 1996
Subpart 4 of Part 9A of the Fisheries Act 1996 applies, subject to the modifications in this clause, in respect of—
- a coastal permit issued under this Act; and
- a reservation made by the panel under this Act, as if it were a reservation made by the chief executive under the Fisheries Act 1996.
Section 186ZD must be read as if it included the following definition:
panel means a panel as defined in section 4 of the Fast-track Approvals Act 2024
Section 186ZN must be read as if subsection (3) were replaced with:
In subsection (2), quota owner means a person who is a registered quota owner as at 5 pm on the date on which the relevant reservation is made by a panel under the Fast-track Approvals Act 2024.
34Aquaculture decision by panel to be treated as determination for purposes of Fisheries Act 1996
A determination under clause 20(5)(b) must be treated as a determination under section 186H(3)(b) of the Fisheries Act 1996.
35Notification of aquaculture agreement or compensation declaration
If clause 22(2) applies and the relevant consent authority has been notified by the relevant chief executive that an aquaculture agreement or a compensation declaration has been registered for those stocks under section 186ZH or 186ZHA of the Fisheries Act 1996 (as the case may require), the consent authority must—
- amend the permit so that it no longer shows the areas affected by the reservation:
- provide the applicant with a copy of the amended permit:
- notify the applicant that the permit (as amended) commences in respect of the area previously shown as subject to the reservation on the date of notification under this paragraph.
If the substantive application was lodged by more than 1 authorised person, the reference to the applicant in subclause (1) must be read as a reference to the authorised person who was identified in the application as the proposed holder of the coastal permit.
36Resource Management Act 1991 modified in respect of conditions made under clause 20(5)(b)
In sections 114(6), 127(3A), and 128(3) of the Resource Management Act 1991, the reference to a condition that has been specified under section 186H(3) or 186H(1A) of the Fisheries Act 1996 must be read as a condition imposed under section 81 in accordance with clause 20(5)(b) of this schedule in relation to a coastal permit for aquaculture activities granted under this Act.