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RESOURCE MANAGEMENT ACT 1991
- As at 17 December 2025
- Act 69 of 1991
TABLE OF PROVISIONS
Long Title
1. Short Title and commencement
PART 1 - Interpretation and application
2. Interpretation
2AA. Definitions relating to notification
2AB. Meaning of public notice
2AC. Availability of documents
2A. Successors
2B. Rules that control fishing
3. Meaning of effect
3A. Person acting under resource consent with permission
3B. Transitional, savings, and related provisions
4. Act to bind the Crown
4A. Application of this Act to ships and aircraft of foreign States
PART 2 - Purpose and principles
5. Purpose
6. Matters of national importance
7. Other matters
8. Treaty of Waitangi
PART 3 - Duties and restrictions under this Act
9. Restrictions on use of land
10. Certain existing uses in relation to land protected
10A. Certain existing activities allowed
10B. Certain existing building works allowed
11. Restrictions on subdivision of land
12. Restrictions on use of coastal marine area
12A. Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
12B. Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
13. Restriction on certain uses of beds of lakes and rivers
14. Restrictions relating to water
15. Discharge of contaminants into environment
15A. Restrictions on dumping and incineration of waste or other matter in coastal marine area
15B. Discharge of harmful substances from ships or offshore installations
15C. Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
16. Duty to avoid unreasonable noise
17. Duty to avoid, remedy, or mitigate adverse effects
Note
17A. Recognised customary activity may be exercised in accordance with any controls
17B. Adverse effects assessment
18. Possible defence in cases of unforeseen emergencies
Note
18A. Procedural principles
Note
19. Certain rules in proposed plans to be operative
20. Certain rules in proposed plans not to have effect
Note
20A. Certain existing lawful activities allowed
21. Avoiding unreasonable delay
22. Duty to give certain information
23. Other legal requirements not affected
PART 4 - Functions, powers, and duties of central and local government
24. Functions of Minister for the Environment
24A. Power of Minister for the Environment to investigate and make recommendations
25. Residual powers of Minister for the Environment
25A. Minister may direct preparation of plan, document, change, or variation
25B. Ministers may direct commencement of review
26. Minister may make grants and loans
27. Minister may require local authorities to supply information
28. Functions of Minister of Conservation
28A. Regional council must supply information to Minister of Conservation
28B. Functions of Minister of Aquaculture
29. Delegation of functions by Ministers
29A. Restriction on Ministerial direction
30. Functions of regional councils under this Act
31. Functions of territorial authorities under this Act
31A. Minister of Conservation to have certain powers of local authority
32. Requirements for preparing and publishing evaluation reports
32AA. Requirements for undertaking and publishing further evaluations
32A. Failure to carry out evaluation
33. Transfer of powers
33. Transfer of powers
34. Delegation of functions, etc, by local authorities
34A. Delegation of powers and functions to employees and other persons
35. Duty to gather information, monitor, and keep records
35A. Duty to keep records about iwi and hapu
36. Administrative charges
36AAA. Criteria for fixing administrative charges
36AAB. Other matters relating to administrative charges
36AA. Local authority policy on discounting administrative charges
Note
36A. No duty under this Act to consult about resource consent applications and notices of requirement
Note
36B. Power to make joint management agreement
36C. Local authority may act by itself under joint management agreement
36D. Effect of joint management agreement
36E. Termination of joint management agreement
37. Power of waiver and extension of time limits
37A. Requirements for waivers and extensions
37B. Persons to have powers of consent authority for purposes of sections 37 and 37A
38. Authorisation and responsibilities of enforcement officers
39. Hearings to be public and without unnecessary formality
39AA. Hearing using remote access facilities
39A. Accreditation
39B. Persons who may be given hearing authority
39C. Effect of lack of accreditation
40. Persons who may be heard at hearings
41. Provisions relating to hearings
41A. Control of hearings
41B. Directions to provide evidence within time limits
41C. Directions and requests before or at hearings
41D. Striking out submissions
42. Protection of sensitive information
Note
42A. Reports to local authority
Note
42AA. Provision of relevant information to post-settlement governance entity
PART 4A - Environmental Protection Authority
Note
42B. Establishment of Environmental Protection Authority
42C. Functions of EPA
42CA. Cost recovery for specified function of EPA
42D. Secretary for the Environment to exercise functions of EPA
PART 5 - Standards, policy statements, and plans
43AA. Interpretation
43AAB. Meaning of district rule and regional rule
43AAC. Meaning of proposed plan
SUBPART 1 - National direction
Note
Note
43. Regulations prescribing national environmental standards
43A. Contents of national environmental standards
43B. Relationship between national environmental standards and rules or consents
43C. Relationship between national environmental standards and water conservation orders
43D. Relationship between national environmental standards and designations
43E. Relationship between national environmental standards and bylaws
43F. Description of discharges in national environmental standards for discharges
43G. Incorporation of material by reference in national environmental standards
44. Restriction on power to make national environmental standards
44A. Local authority recognition of national environmental standards
Note
44B. Relationship between environmental performance standards, infrastructure design solutions, and designations
45. Purpose of national policy statements (other than New Zealand coastal policy statements)
45A. Contents of national policy statements
46. Proposed national policy statement
46A. Process for preparing national environmental standards and national policy statements
46B. Incorporation of material by reference in national environmental standard or national policy statement
47. Board of inquiry
47A. Board of inquiry to suspend consideration or consider additional material
48. Public notification of proposal for national direction and inquiry
49. Submissions to board of inquiry
50. Conduct of hearing
51. Matters to be considered and board of inquiry's report
51A. Withdrawal of proposed national policy statement
52. Consideration of recommendations and approval or withdrawal of statement
53. Changes to or review or revocation of national policy statements
54. Publication of national policy statements
55. Local authority recognition of national policy statements
56. Purpose of New Zealand coastal policy statements
57. Preparation of New Zealand coastal policy statements
58. Contents of New Zealand coastal policy statements
58A. Incorporation of material by reference in New Zealand coastal policy statements
Note
58B. Purposes of national planning standards
58C. Scope and contents of national planning standards
58D. Preparation of national planning standards
58E. Approval of national planning standard
58F. Publication of national planning standards and other documents
58G. First set of national planning standards
58H. Changing, replacing, or revoking national planning standards
58I. Local authority recognition of national planning standards
58J. Time frames applying under first set of national planning standards
58JA. Certain obligations stopped until 31 December 2027
Note
58JB. Relationship between wastewater and stormwater environmental performance standards and other instruments
58JC. Plan may permit effects that wastewater or stormwater environmental performance standard does not deal with
Note
58JD. Relationship between infrastructure design solutions and other instruments
58JE. Plan may permit effects that infrastructure design solution does not deal with
58JF. References to infrastructure design solutions
Note
58K. Obligation to publish documents
SUBPART 2 - Mana Whakahono a Rohe: Iwi participation arrangements
Note
58L. Definitions
Note
58M. Purpose of Mana Whakahono a Rohe
58N. Guiding principles
Note
58O. Initiation of Mana Whakahono a Rohe
58P. Other opportunities to initiate Mana Whakahono a Rohe
58Q. Time frame for concluding Mana Whakahono a Rohe
Note
58R. Contents of Mana Whakahono a Rohe
58S. Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe
58T. Review and monitoring
58U. Relationship with iwi participation legislation
SUBPART 3 - Local authority policy statements and plans
Note
59. Purpose of regional policy statements
60. Preparation and change of regional policy statements
61. Matters to be considered by regional council (policy statements)
62. Contents of regional policy statements
63. Purpose of regional plans
64. Preparation and change of regional coastal plans
64A. Imposition of coastal occupation charges
65. Preparation and change of other regional plans
66. Matters to be considered by regional council (plans)
67. Contents of regional plans
68. Regional rules
68A. Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
69. Rules relating to water quality
70. Rules about discharges
71. Requirements for rules that control fishing
Note
70A. Application to climate change of rules relating to discharge of greenhouse gases
70B. Implementation of national environmental standards
71. Rules about esplanade reserves on reclamation
72. Purpose of district plans
73. Preparation and change of district plans
74. Matters to be considered by territorial authority
75. Contents of district plans
76. District rules
77. Rules about esplanade reserves on subdivision and road stopping
77A. Power to make rules to apply to classes of activities and specify conditions
77B. Duty to include certain rules in relation to controlled or restricted discretionary activities
77C. Certain activities to be treated as discretionary activities or prohibited activities
77D. Rules specifying activities for which consent applications must be notified or are precluded from being notified
77E. Local authority may make rule about financial contributions
Note
77F. Interpretation
Note
77G. Duty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones
77GA. Application of section 77G to Auckland Council and Christchurch City Council
77H. Requirements in Schedule 3A may be modified to enable greater development
77I. Qualifying matters in applying medium density residential standards and policy 3 to relevant residential zones
77J. Requirements in relation to evaluation report
77K. Alternative process for existing qualifying matters
77L. Further requirement about application of section 77I(j)
77M. Effect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations
Note
77N. Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones
77O. Qualifying matters in application of intensification policies to urban non-residential areas
77P. Requirements governing application of section 77O
77Q. Alternative process for existing qualifying matters
77R. Further requirements about application of section 77O(j)
Note
77S. Amendment of NPS-UD
Note
77T. Review of financial contributions provisions
Note
78. Time-limited modifications to NPSIB 2023
Note
78. Withdrawal of proposed policy statements and plans
78A. Combined regional and district documents
Note
79. Review of policy statements and plans
79A. Local authority not required to commence full plan review after Natural and Built Environment Act 2023 receives Royal assent
79AA. Application of temporary provisions in respect of section 79
79A. Circumstance when further review required
79B. Consequence of review under section 79A
Note
80. Combined regional and district documents
SUBPART 4 - Freshwater planning process
Note
80A. Freshwater planning process
SUBPART 5 - Streamlined planning process
Note
80B. Purpose, scope, application of Schedule 1, and definitions
80C. Application to responsible Minister for direction relating to planning instrument
80CA. Notice to responsible Minister for direction relating to listed planning instrument
80CB. Local authority may apply to use same streamlined planning process to progress matters in different instruments
SUBPART 5A - Intensification planning instruments and intensification streamlined planning process
Note
80D. What this subpart and Part 6 of Schedule 1 do
80DA. Process for Auckland Council and Christchurch City Council to withdraw IPIs
Note
80E. Meaning of intensification planning instrument
80F. Specified territorial authority must notify IPI
80G. Limitations on IPIs and ISPP
80H. IPI must show how MDRS are incorporated
Note
80I. Regulations requiring tier 2 territorial authority to change district plan
Note
80J. Tier 3 territorial authority may request regulations requiring territorial authority to change district plan
80K. Regulations requiring tier 3 territorial authority to change district plan
Note
80L. Minister may make direction
80M. Amendment of direction
80N. Specified territorial authority must comply with direction
SUBPART 5B - Planning processes stopped until 31 December 2027
Note
80O. Interpretation
Note
80P. Notification stopped until 31 December 2027
Note
80Q. When proposed planning instruments must be withdrawn
80R. Public notice of withdrawal
80S. When hearing must be cancelled
80T. When Minister may intervene to direct against withdrawal
Note
80U. Automatic exemptions
80V. Application by local authority for exemption
80W. Criteria for Minister’s consideration
80X. Obligation on local authority arising from Minister’s decision
80Y. Duty on local authorities to give public notice
SUBPART 6 - Miscellaneous matters
Note
81. Boundary adjustments
82. Disputes
82A. Dispute relating to review under section 79A
83. Procedural requirements deemed to be observed
84. Local authorities to observe their own policy statements and plans
85. Environment Court may give directions in respect of land subject to controls
85AAA. Removal of heritage protection for Gordon Wilson Flats and related matters
Note
85A. Plan or proposed plan must not include certain rules
85AA. Plan must be updated to reflect changes to aquaculture settlement area
85B. Process to apply if plan or proposed plan does not comply with section 85A
86. Power to acquire land
SUBPART 7 - Legal effect of rules
Note
Note
86A. Purpose of sections 86B to 86G
86B. When rules in proposed plans have legal effect
86BA. Immediate legal effect of rules in IPI prepared using ISPP
86C. When rule has legal effect if decision to delay its effect is rescinded
86D. Environment Court may order rule to have legal effect from date other than standard date
86E. Local authorities must identify rules having early or delayed legal effect
86F. When rules in proposed plans must be treated as operative
86G. Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
86H. Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation
PART 6 - Resource consents
87AA. This Part subject to Part 6A
87AAB. Meaning of boundary activity and related terms
87AAC. Meaning of fast-track application
87AAD. Overview of application of this Part to boundary activities and fast-track applications
87AAE. Other fast-track consenting process
87. Types of resource consents
87A. Classes of activities
87B. Certain activities to be treated as discretionary activities or prohibited activities
87BA. Boundary activities approved by neighbours on infringed boundaries are permitted activities
87BB. Activities meeting certain requirements are permitted activities
Note
87C. Sections 87D to 87I apply to resource consent applications
87D. Request for application to go directly to Environment Court
87E. Consent authority’s decision on request
87F. Consent authority's subsequent processing
87G. Environment Court determines application
87H. Residual powers of consent authority
87I. When consent authority must determine application
88. Making an application
88A. Description of type of activity to remain the same
88B. Time limits from which time periods are excluded in relation to applications
88BA. Certain consents must be processed and decided no later than 1 year after lodgement
88C. Excluded time periods relating to provision of further information
88D. Excluded time periods relating to direct referral
88E. Excluded time periods relating to other matters
88F. Excluded time periods relating to pre-request aquaculture agreements
88G. Exclusion of period when processing of non-notified application suspended
88H. Excluded time periods relating to non-payment of administrative charges
88I. Excluded time periods under Urban Development Act 2020
89. Applications to territorial authorities for resource consents where land is in coastal marine area
89A. Applications affecting navigation to be referred to Maritime New Zealand
90. Distribution of application to other authorities
91. Deferral pending application for additional consents
91A. Applicant may have processing of notified application suspended
91B. When suspension of processing of notified application ceases
91C. Notified application may be returned if suspended after certain period
91D. Applicant may have processing of non-notified application suspended
91E. When suspension of processing of non-notified application ceases
91F. Non-notified application may be returned after certain period
92. Further information, or agreement, may be requested
92A. Responses to request
92AA. Consequences of applicant’s failure to respond to requests, etc
92B. Responses to notification
Note
93. When public notification of consent applications is required
94. When public notification of consent applications is not required
94A. Forming opinion as to whether adverse effects are minor or more than minor
94B. Forming opinion as to who may be adversely affected
94C. Public notification if applicant requests or if special circumstances exist
94D. When public notification and service requirements may be varied
Note
95. Time limit for public notification or limited notification
95A. Public notification of consent applications
95B. Limited notification of consent applications
95C. Public notification of consent application after request for further information or report
95D. Consent authority decides if adverse effects likely to be more than minor
95E. Consent authority decides if person is affected person
95F. Meaning of affected protected customary rights group
95G. Meaning of affected customary marine title group
96. Making submissions
97. Time limit for submissions
98. Advice of submissions to applicant
Note
99. Pre-hearing meetings
99A. Mediation
100. Obligation to hold a hearing
100A. Hearing by commissioner if requested by applicant or submitter
101. Hearing date and notice
102. Joint hearings by 2 or more consent authorities
103. Combined hearings in respect of 2 or more applications
103A. Time limit for completion of hearing of notified application
103B. Requirement to provide report and other evidence before hearing
104. Consideration of applications
104A. Determination of applications for controlled activities
104B. Determination of applications for discretionary or non-complying activities
104C. Determination of applications for restricted discretionary activities
104D. Particular restrictions for non-complying activities
104DA. Circumstances in which consent authority may grant resource consent contrary to standards and solutions
Note
104E. Applications relating to discharge of greenhouse gases
104F. Implementation of national environmental standards
104G. Consideration of activities affecting drinking water supply source water
105. Matters relevant to certain applications
106. Consent authority may refuse subdivision consent in certain circumstances
106A. Consent authority may refuse land use consent in certain circumstances
107. Restriction on grant of certain discharge permits
107A. Restrictions on grant of resource consents
107B. Provision for certain infrastructure works and related operations
107C. Circumstances when written approval for resource consent required from holder of customary rights order
107D. Process to apply if grant of resource consent has effect of cancelling customary rights order
Note
107E. Decision on application to undertake non-aquaculture activity in aquaculture management area
107F. Applications to undertake aquaculture activities
107G. Review of draft conditions of consent
108. Conditions of resource consents
108AA. Requirements for conditions of resource consents
108A. Bonds
109. Special provisions in respect of bonds or covenants
110. Refund of money and return of land where activity does not proceed
111. Use of financial contributions
112. Obligation to pay rent and royalties deemed condition of consent
113. Decisions on applications to be in writing, etc
114. Notification
115. Time limits for notification of decision
116. When a resource consent commences
116A. When coastal permit for aquaculture activities may commence
116B. When resource consent commences if subject to grant of application to exchange recreation reserve land
117. Application to carry out restricted coastal activity
118. Recommendation of hearing committee
119. Decision on application for restricted coastal activity
119A. Coastal permit for restricted coastal activity treated as if granted by regional council
120. Right to appeal
121. Procedure for appeal
122. Consents not real or personal property
122A. Resource consent prevails over specified instruments
123. Duration of consent
123A. Duration of consent for aquaculture activities
123B. Duration of consent for renewable energy and long-lived infrastructure
123C. Duration of certain current and continued consents
124. Exercise of resource consent while applying for new consent
124A. When sections 124B and 124C apply and when they do not apply
124B. Applications by existing holders of resource consents
124C. Applications by persons who are not existing holders of resource consents
125. Lapsing of consents
126. Cancellation of consent
127. Change or cancellation of consent condition on application by consent holder
127A. Interpretation of sections 127B and 127C
127B. Duration of new water permits under Regional Plan: Water for Otago must not exceed 6 years
127C. Extension of certain existing water permits under Regional Plan: Water for Otago
128. Circumstances when consent conditions can be reviewed
129. Notice of review
130. Public notification, submissions, and hearing, etc
131. Matters to be considered in review
132. Decisions on review of consent conditions
133. Powers under Part 12 not affected
133A. Minor corrections of resource consents
134. Land use and subdivision consents attach to land
135. Transferability of coastal permits
136. Transferability of water permits
137. Transferability of discharge permits
138. Surrender of consent
138A. Special provisions relating to coastal permits for dumping and incineration
Note
139. Consent authorities and Environmental Protection Authority to issue certificates of compliance
139A. Consent authorities to issue existing use certificates
Note
139B. Definitions for purposes of extant wastewater consents
139C. Extension of extant wastewater consents
139D. Minister may extend extant wastewater consent in exceptional circumstances
139E. Application to extend extant wastewater consent
139F. Consent authority must update extant wastewater consent
Note
PART 6AA - Proposals of national significance
Note
140. Outline of this Part
141. Interpretation
141A. Minister's power to intervene
141B. Minister's power to call in matters that are or are part of proposals of national significance
141C. Form and effect of Minister's direction
SUBPART 1 - Minister may make direction in relation to matter
Note
Note
142. Minister may call in matter that is or is part of proposal of national significance
143. Restriction on when local authority may request call in
144. Restriction on when Minister may call in matter
144A. EPA to advise and make recommendations to Minister in relation to call-in
Note
145. Matter lodged with EPA
146. EPA to recommend course of action to Minister
147. Minister makes direction after EPA recommendation
Note
148. Proposals relating to coastal marine area
149. EPA may request further information or commission report
Note
149A. EPA must serve Minister's direction on local authority and applicant
149B. Local authority's obligations if matter called in
149C. EPA must give public notice of Minister's direction
149D. Minister may instruct EPA to delay giving public notice pending application for additional consents
149E. EPA to receive submissions on matter if public notice of direction has been given
149F. EPA to receive further submissions if matter is request, change, or variation
149G. EPA must provide board or court with necessary information
149H. Local authority may not notify further change or variation in certain circumstances
149I. Limitation on withdrawal of change or variation
SUBPART 2 - How matter decided if direction made to refer matter to board of inquiry or court
Note
Note
149J. Minister to appoint board of inquiry
149K. How members appointed
149KA. EPA may make administrative decisions
149L. Conduct of inquiry
149M. Process if matter is request for regional plan or change and particular circumstances apply
149N. Process if section 149M applies or proposed plan or change not yet prepared
149O. Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
149P. Consideration of matter by board
149Q. Board to produce draft report
149R. Board to produce report
149RA. Minor corrections of board decisions, etc
149S. Minister may extend time by which board must report
Note
149T. Matter referred to Environment Court
149U. Consideration of matter by Environment Court
Note
149V. Appeal from decisions only on question of law
SUBPART 3 - Miscellaneous provisions
Note
Note
149W. Local authority to implement decision of board or court about proposed regional plan or change or variation
149X. Residual powers of local authority
Note
149Y. EPA must refer matter to local authority if direction made by Minister
149Z. Local authority must process referred matter
Note
149ZA. Minister's powers to intervene in matter
Note
149ZB. How EPA must deal with certain applications and notices of requirement
149ZC. Minister to decide whether application or notice of requirement to be notified
149ZCA. Application of sections 149ZCB to 149ZCF
149ZCB. Public notification of application or notice at Minister's discretion
149ZCC. Limited notification of application or notice
149ZCD. Public notification of application or notice after request for further information
149ZCE. Minister to decide if adverse effects likely to be more than minor
149ZCF. Minister to decide if person is affected person
Note
149ZD. Costs of processes under this Part recoverable from applicant
149ZE. Remuneration, allowances, and expenses of boards of inquiry
149ZF. Liability to pay costs constitutes debt due to EPA or the Crown
149ZG. Process may be suspended if costs outstanding
150. Residual powers of authorities
150AA. Reference to Environment Court
PART 6A - Aquaculture moratorium
Note
150A. Interpretation
150B. Moratorium
150C. Earlier expiry of moratorium in relation to specified areas
150D. Pending applications to be considered under rules as at end of moratorium
150E. Transitional provision
150F. No compensation
Note
150G. Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
PART 7 - Coastal tendering
151AA. Part not to apply to applications to occupy coastal marine area
151. Interpretation
152. Order in Council may be made requiring holding of authorisation
153. Application of Order in Council
154. Publication, etc, of Order in Council
155. Particulars of Order in Council to be endorsed on regional coastal plan
156. Effect of Order in Council
157. Calling of public tenders for authorisations
158. Requirements of tender
159. Acceptance of tender, etc
160. Notice of acceptance of tender
161. Grant of authorisation
162. Authorisation not to confer right to coastal permit, etc
163. Authorisation transferable
164. Authorisation to lapse in certain circumstances
165. Tender money
PART 7A - Occupation ofcommon marine and coastal area
Note
165A. Overview
165AB. Establishment of aquaculture management areas
165B. Relationship of Part with rest of Act
165BB. Some applications for coastal permits must be cancelled
165BC. Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan
SUBPART 1 - Managing occupation in common marine and coastal area
Note
165C. Interpretation
165D. Power of consent authorities to refuse to receive applications for coastal permits
165E. Applications in relation to aquaculture settlement areas
Note
165F. Provisions about occupation of common marine and coastal area
165G. Plan may specify allocation methods
165H. Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
165I. Offer of authorisations for activities in common marine and coastal area in accordance with plan
165J. When applications not to be made unless applicant holds authorisation in accordance with plan
165K. Power to give directions relating to allocation of authorisations for space provided for in plan
Note
165L. Regional council may request use of allocation method
165M. Stay on applications following request under section 165L
165N. Minister may approve use of allocation method
165O. Period of approval
165P. Offer of authorisations where approved by Minister
165Q. When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice
Note
165R. Authorisation not to confer right to coastal permit
165S. Authorisation transferable
165T. Authorisation lapses in certain circumstances
165U. Public notice of offer of authorisations by regional council
165UA. Public notice of offer of authorisations by Minister of Aquaculture
165V. Requirements for offers for authorisations
165W. Preferential rights of iwi
165X. Acceptance of offer for authorisations
165Y. Grant of authorisation
165YA. Grant of authorisation
165Z. Tender money
165ZA. Use of tender money
Note
165ZB. Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
165ZC. Effect on applications of request under section 165ZB
165ZD. Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities
165ZDA. Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative
165ZDB. Effect on applications of suspension under section 165ZDA
165ZE. Subsequent requests for direction in relation to suspension of receipt of applications
Note
165ZF. Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
165ZFA. Ministerial power to direct applications to be processed and heard together
Note
165ZFB. Application of sections 165ZFC to 165ZFH
165ZFC. Interpretation
165ZFD. Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
165ZFE. Processing of affected applications
165ZFF. Hearing of affected applications
165ZFG. Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
165ZFH. Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
SUBPART 1A - Duration of coastal permits for marine farms extended
Note
165ZFHA.Interpretation
165ZFHB.Application of subpart
165ZFHC.Extension of coastal permits for marine farms
165ZFHD.Updating of extended coastal permits
165ZFHE.Consent holder must confirm which coastal permit is operational
165ZFHF.Decision to operate under extant coastal permit
165ZFHG.Decision to operate under replacement permit
165ZFHH.Application of extension where coastal permit under appeal
SUBPART 1AB - Restrictions on section 128 reviews of conditions of extended coastal permits
Note
165ZFHHA.Restrictions on section 128 review of conditions of extended coastal permits
SUBPART 1B - Review of conditions applying to extended coastal permits
Note
165ZFHI.Power to undertake review
165ZFHJ.Purpose of review
165ZFHK.Concurrence of Director-General required for review to proceed
165ZFHL.Process applying to review
165ZFHM.Decision on review
165ZFHN.Right of appeal
165ZFHO.Final right of appeal
SUBPART 2 - Privately initiated plan changes
Note
SUBPART 3 - Order in which applications by existing consent holders are to be processed
Note
165ZG. Application
165ZH. Processing applications for existing permit holders
165ZI. Applications for space already used for aquaculture activities
165ZJ. Additional criteria for considering applications for permits for space already used for aquaculture activities
SUBPART 4 - Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities
Note
165ZK. Application
165ZL. Interpretation
165ZM. Other provisions of Act apply subject to this subpart
165ZN. Application for coastal permit to undertake aquaculture activities
165ZO. Identifying plan change requests and concurrent applications
165ZP. Incomplete concurrent application
165ZQ. Additional consents
165ZR. Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
165ZS. Consideration of plan change request
165ZT. Notification of accepted plan change request
165ZU. Submissions on plan change request and concurrent application
165ZV. Hearing of submissions
165ZW. Type of activity in relation to concurrent activities
165ZX. Consideration of plan change request and concurrent application
165ZY. Regional council's decision on concurrent application
165ZZ. Appeals
165ZZA. Grant of coastal permit
SUBPART 5 - Duration and review of section 384A coastal permits
Note
165ZZB. Interpretation
Note
165ZZC. Extension of expiry date of section 384A coastal permit
Note
165ZZD. Requirement to undertake review
165ZZE. Purpose and scope of review
Note
165ZZF. Notice and other requirements relevant to review
165ZZG. Parties that must be given limited notice
165ZZH. Submissions on review
165ZZI. Decision on review
Note
165ZZJ. Appeal rights
165ZZK. Final right of appeal
PART 8 - Designations and heritage orders
166. Definitions
167. Application to become requiring authority
168. Notice of requirement to territorial authority
168A. Notice of requirement by territorial authority
169. Further information, notification, submissions, and hearing for notice of requirement to territorial authority
170. Discretion to include requirement in proposed plan
171. Recommendation by territorial authority
172. Decision of requiring authority
173. Notification of decision on designation
174. Appeals
175. Designation to be provided for in district plan
176. Effect of designation
176A. Outline plan
177. Land subject to existing designation or heritage order
178. Interim effect of requirements for designations
179. Appeals relating to sections 176 to 178
180. Transfer of rights and responsibilities for designations
180A. When financial responsibility is transferred to responsible SPV
181. Alteration of designation
182. Removal of designation
183. Review of designation which has not lapsed
184. Lapsing of designations which have not been given effect to
184A. Lapsing of designations of territorial authority in its own district
185. Environment Court may order taking of land
186. Compulsory acquisition powers
187. Meaning of heritage order and heritage protection authority
188. Application to become heritage protection authority
189. Notice of requirement to territorial authority
189A. Notice of requirement for heritage order by territorial authority
190. Further information, notification, submissions, and hearing for notice of requirement to territorial authority
191. Recommendation by territorial authority
192. Application of other sections
193. Effect of heritage order
193A. Land subject to existing heritage order or designation
194. Interim effect of requirement
195. Appeals relating to sections 193 and 194
195A. Alteration of heritage order
195B. Transfer of heritage order
195C. Notice of determination
196. Removal of heritage order
197. Compulsory acquisition powers
198. Environment Court may order land taken, etc
Note
198AA. Time limits from which time periods are excluded in relation to designations and heritage orders
198AB. Excluded time periods relating to provision of further information
198AC. Excluded time periods relating to direct referral
198AD. Excluded time periods relating to other matters
Note
198A. Sections 198B to 198G apply to requirements under section 168 or 189
198B. Requiring authority or heritage protection authority's request
198C. Territorial authority’s decision on request
198D. Territorial authority's subsequent processing
198E. Environment Court decides
198F. Residual powers of territorial authority
198G. When territorial authority must deal with requirement
198H. Sections 198I to 198M apply to requirements under section 168A or 189A
198I. Territorial authority's decision
198J. Territorial authority's subsequent processing
198K. Environment Court decides
198L. Residual powers of territorial authority
198M. When territorial authority must deal with requirement
PART 9 - Water conservation orders
199. Purpose of water conservation orders
200. Meaning of water conservation order
201. Application for water conservation order
202. Minister's obligations upon receipt of application
203. Special tribunal
204. Public notification of application
205. Submissions to special tribunal
206. Conduct of hearing
207. Matters to be considered
208. Special tribunal to report on application
209. Right to make submissions to Environment Court
210. Environment Court to hold inquiry
211. Who may be heard at inquiry
212. Matters to be considered by Environment Court
213. Court's report
214. Making of water conservation order
215. Minister's obligation to state reasons for not accepting recommendation
216. Revocation or variation of order
217. Effect of water conservation order
PART 9A - Freshwater farm plans
Note
217A. Purpose
217B. Interpretation
217C. Application of this Part
217CA. When this Part ceases to apply
217D. Farm must have freshwater farm plan if it meets land use threshold
217E. Main duties of farm operators
217F. Contents of freshwater farm plan
217G. Certification of freshwater farm plan
217H. Audit of farm for compliance with freshwater farm plan
217I. Functions of regional councils
217J. Records that must be kept by regional council
217K. Regional council must appoint certifiers and auditors
217KA. Minister may approve industry organisation to provide certification or audit services
217L. Relationship between freshwater farm plan and specified instruments
217M. Regulations relating to freshwater farm plans
PART 9B - Effect of nitrogenous fertiliser on freshwater quality and freshwater ecosystems
Note
217N. Purpose of this Part
217O. Nitrogenous fertiliser defined
217P. Obligation to comply with regulations
217Q. Regulations relating to sales information on nitrogenous fertiliser
PART 10 - Subdivision and reclamations
218. Meaning of subdivision of land
219. Information to accompany applications for subdivision consents
220. Condition of subdivision consents
221. Territorial authority to issue a consent notice
222. Completion certificates
223. Approval of survey plan by territorial authority
224. Restrictions upon deposit of survey plan
225. Agreement to sell land or building before deposit of plan
226. Restrictions upon issue of certificates of title for subdivision
226A. Savings in respect of cross leases, company leases, and retirement village leases
227. Cancellation of prior approvals
228. Subdivision by the Crown
229. Purposes of esplanade reserves and esplanade strips
230. Requirement for esplanade reserves or esplanade strips
231. Esplanade reserves to vest on subdivision
232. Creation of esplanade strips
233. Effect of change to boundary of esplanade strip
234. Variation or cancellation of esplanade strips
235. Creation of esplanade strips by agreement
236. Where land previously set aside or reserved
237. Approval of survey plans where esplanade reserve or esplanade strips required
237A. Vesting of land in common marine and coastal area or bed of lake or river
237B. Access strips
237C. Closure of strips to public
237D. Transfers to the Crown or regional council
237E. Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares
237F. Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more
237G. Compensation
237H. Valuation
238. Vesting of roads
239. Vesting of reserves or other land
240. Covenant against transfer of allotments
241. Amalgamation of allotments
242. Prior registered instruments protected
243. Survey plan approved subject to grant or reservation of easements
Note
244. Company leases and cross leases
245. Consent authority approval of a plan of survey of a reclamation
246. Restrictions on deposit of plan of survey for reclamation
PART 11 - Environment Court
Note
247. Planning Tribunal re-named Environment Court
248. Membership of Environment Court
Note
249. Eligibility for appointment as an Environment Judge or alternate Environment Judge
250. Appointment of Environment Judges and alternate Environment Judges
250A. Judge not to undertake other employment or hold other office
250B. Protocol relating to activities of Judges
251. Chief Environment Court Judge
251A. Appointment of acting Chief Environment Court Judge
252. When an alternate Environment Judge may act
Note
253. Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner
254. Appointment of Environment Commissioner or Deputy Environment Commissioner
255. When a Deputy Environment Commissioner may act
256. Oath of office
257. Resignation
258. Removal of members
259. Special advisors
Note
260. Registrar and other officers
Note
261. Protection from legal proceedings
262. Environment Court members who are ratepayers
263. Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors
264. Annual report of Registrar
Note
265. Environment Court sittings
266. Constitution of the Environment Court not to be questioned
267. Conferences
268. Alternative dispute resolution
268A. Mandatory participation in alternative dispute resolution processes
269. Court procedure
270. Hearing matters together
271. Local hearings
271A. Submitter may be party to proceedings
272. Hearing of proceedings
273. Successors to parties to proceedings
274. Representation at proceedings
275. Personal appearance or by representative
276. Evidence
276A. Evidence of documents
277. Hearings and evidence generally to be public
277A. Powers of Environment Court in relation to evidence heard on appeal by way of rehearing
278. Environment Court has powers of District Court
279. Powers of Environment Judge sitting alone
280. Powers of Environment Commissioner sitting without Environment Judge
281. Waivers and directions
281A. Registrar may waive, reduce, or postpone payment of fee
281B. Review of exercise of power by Registrar
282. Application of Contempt of Court Act 2019
283. Non-attendance or refusal to co-operate
284. Witnesses' allowances
284A. Security for costs
285. Awarding costs
286. Enforcing orders for costs
287. Reference of questions of law to High Court
288. Privileges and immunities
288A. Information regarding reserved judgments
288B. Recusal guidelines
288C. Judge may make order restricting commencement or continuation of proceeding
288D. Grounds for making section 288C order
288E. Terms of section 288C order
288F. Procedure and appeals relating to section 288C orders
Note
289. Reply to appeal or request for inquiry
290. Powers of court in regard to appeals and inquiries
290AA. Powers of court in regard to certain appeals under clause 14 of Schedule 1
290A. Environment Court to have regard to decision that is subject of appeal or inquiry
291. Other proceedings before court
Note
292. Remedying defects in plans
293. Environment Court may order change to proposed policy statements and plans
293A. Determinations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011
294. Review of decision by court
Note
295. Environment Court decisions are final
296. No review of decisions unless right of appeal or reference to inquiry exercised
297. Decisions of court to be in writing
298. Documents judicially noticed
Note
299. Appeal to High Court on question of law
300. Notice of appeal
301. Right to appear and be heard on appeal
302. Parties to the appeal before the High Court
303. Orders of the High Court
304. Dismissal of appeal
305. Additional appeals on questions of law
306. Extension of time
307. Date of hearing
308. Appeals to the Court of Appeal
PART 11A - Act not to be used to oppose trade competitors
Note
308A. Identification of trade competitors and surrogates
308B. Limit on making submissions
308C. Limit on representation at appeals
308CA. Limit on representation at proceedings as party under section 274
308D. Limit on appealing under this Act
308E. Prohibition on using surrogate
308F. Surrogate must disclose status
308G. Declaration that Part contravened
308H. Costs orders if declaration made
308I. Proceedings for damages in High Court
PART 12 - Declarations, enforcement, and ancillary powers
309. Proceedings to be heard by an Environment Judge
310. Scope and effect of declaration
311. Application for declaration
312. Notification of application
313. Decision on application
314. Scope of enforcement order
315. Compliance with enforcement order
316. Application for enforcement order
317. Notification of application
318. Right to be heard
319. Decision on application
320. Interim enforcement order
321. Change or cancellation of enforcement order
322. Scope of abatement notice
323. Compliance with abatement notice
324. Form and content of abatement notice
325. Appeals
325A. Cancellation of abatement notice
325B. Restrictions on certain applications for enforcement orders and abatement notices
326. Meaning of excessive noise
327. Issue and effect of excessive noise direction
328. Compliance with an excessive noise direction
329. Water shortage direction
329A. Interpretation
330. Emergency works and power to take preventive or remedial action
330AAA. Modification of requirements in section 330(3) for authorities in affected areas
330A. Resource consents for emergency works
330AA. Modification of requirements in section 330A for activities undertaken in affected areas
330B. Emergency works under Civil Defence Emergency Management Act 2002
330C. Modification of requirements in section 330B for activities undertaken in affected areas
331. Reimbursement or compensation for emergency works
331AA. Emergency response regulations
331AB. Annual review of emergency response regulations
Note
331A. Application of sections 331B to 331E
331B. Owner or occupier of rural land may take emergency preventive or remedial measures
331C. Requirement for owner or occupier to give notice to relevant consent authority
331D. Duty to gather information, monitor, and keep records
331E. Enforcement proceedings
331F. Repeal of this section and sections 331A to 331E
332. Power of entry for inspection
333. Power of entry for survey
334. Application for warrant for entry for search
335. Direction and execution of warrant for entry for search
Note
336. Return of property seized under sections 323 and 328
337. Return of property seized under warrant
338. Offences against this Act
339. Penalties
339A. Protection against imprisonment for dumping and discharge offences involving foreign ships
339B. Additional penalty for certain offences for commercial gain
339C. Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
340. Liability of principal for acts of agents
341. Strict liability and defences
341A. Liability and defences for dumping and storage of waste or other matter
341B. Liability and defences for discharging harmful substances
342. Fines to be paid to local authority instituting prosecution
342A. Insurance against fines unlawful
343. Discharges from ships
Note
343A. Infringement offences
343B. Commission of infringement offence
343C. Infringement notices
343D. Entitlement to infringement fees
PART 12A - Enforcement functions of EPA
Note
343E. Terms used in this Part
343F. Enforcement functions of EPA
343G. Intervention by EPA
343H. EPA may change enforcement functions
343I. EPA enforcement officers
343J. EPA may require information from local authority
343K. Additional reporting requirements
343L. Order for payment of EPA’s costs in bringing a prosecution
PART 13 - Hazards Control Commission
Note
344. Interpretation
345. Purpose and principles
346. Establishment of Commission
347. Functions of Commission
348. Membership of Commission
349. Compliance with policy directions
350. Further provisions applying in respect of Commission
351. Regulations
PART 14 - Miscellaneous provisions
352. Service of documents
352A. Mode of service of summons on master or owner of ship
353. Notices and consents in relation to Maori land
354. Crown's existing rights to resources to continue
355. Vesting of reclaimed land
355AA. Effect of Foreshore and Seabed Act 2004 on vesting of reclamations
355AB. Application for renewals
355A. Application for consent to unlawful reclamation
355B. Enforcement powers against unlawful reclamations
356. Matters may be determined by arbitration
Note
357. Right of objection against certain decisions
357A. Right of objection to consent authority against certain decisions or requirements
357AB. Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner
357B. Right of objection in relation to imposition of additional charges or recovery of costs
357C. Procedure for making and hearing objection under sections 357 to 357B
357CA. Powers of hearings commissioner considering objection under section 357A(1)(f) or (g)
357D. Decision on objections made under sections 357 to 357B
358. Appeals against certain decisions or objections
359. Regional councils to pay rents, royalties, and other money received into Crown Bank Account
359A. Validation of royalties collected for sand, shingle, and other natural material
360. Regulations
360A. Regulations amending regional coastal plans in relation to aquaculture activities
360B. Conditions to be satisfied before regulations made under section 360A
360C. Regional council's obligations
360D. Regulations that prohibit or remove certain rules
360E. Procedures relevant to making rules under section 360D
360F. Regulations relating to administrative charges and other amounts
360G. Regulations relating to fast-track applications
360H. Regulations relating to notification of consent applications
360I. Regulations to modify or remove provisions in policy statement or plan
360J. Minister to investigate and report
360K. Minister to provide report to local authority
360L. Minister to consult before recommending regulations
360M. Local authority’s obligations
360N. Policy statement or plan continues as operative after change by regulations
360O. Sections 360I to 360O repealed
361. Repeals and revocations
362. Consequential amendments
363. Conflicts with special Acts
PART 15 - Transitional provisions
364. Application of this Part
365. Meaning of permission
366. Effect of this Act on existing schemes, consents, etc
367. Effect of regional planning schemes
368. Existing notices, bylaws, etc, to become regional plans
369. Provisions deemed to be regional rules
370. Existing notices, bylaws, etc, to become regional coastal plans
371. Provisions deemed to be regional rules
372. Power of Minister of Conservation to give directions relating to restricted coastal activities
373. Existing district and maritime schemes to become district plans
374. Provisions deemed to be district rules
375. Transitional provisions for public utilities
376. Transitional plans to be notified and available
377. Obligation to review transitional plans
378. Proceedings in relation to plans
379. Declarations
380. Existing notices which continue in effect
381. Existing notices deemed to be abatement notices
382. Existing direction deemed to be excessive noise direction
382A. Return of property seized under Noise Control Act 1982
383. Existing permissions to become land use consents
383A. Existing permissions to allow use of beds of lakes and rivers
384. Existing permissions to become coastal permits
384A. Right of port companies to occupy coastal marine area
385. Existing clean air permissions to become discharge permits
386. Existing rights and authorities under Water and Soil Conservation Act 1967
387. Existing geothermal licences and authorisations deemed to be water permits
388. Requirement to supply information
389. Existing applications
390. Application being heard
390A. Appeals
390B. Date on which application deemed to be made
390C. Dealing with applications for permissions
390D. Timing for renewals
391. Applications for licences and approvals under Clean Air Act 1972
391A. Resource consents following approval under Clean Air Act 1972
392. Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
393. Applications for Orders in Council to reclaim land and approval for harbour works
394. Transitional provisions relating to setting aside of esplanade reserves on reclamation
395. Applications for works, etc, in coastal marine area
396. Applications for marine farming in coastal marine area
396A. Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
396B. Notification of rule change affecting marine farming
397. Existing applications for marine farming leases
398. Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries
399. Applications received on same day
400. Applications under Marine Farming Act 1971 for prohibited anchorages, etc
401. Conditions of deemed resource consents
401A. Transitional coastal occupation charges
401B. Obligation to pay coastal occupation charge deemed condition of consent
402. Existing subdivision approvals
403. Existing objections and appeals in relation to subdivisions
404. Existing applications for approval
405. Transitional provisions for subdivisions
405A. Transitional provisions for esplanade reserves where land subdivided or road stopped
406. Grounds of refusal of subdivision consent
407. Subdivision consent conditions
408. Existing approvals for unit plans, cross lease plans, and company lease plans
409. Financial contributions for developments
410. Existing developments
411. Restriction on imposition of conditions as to financial contributions
412. Expiry of certain sections
413. Current mining privileges to become deemed permits
414. Deemed permits to be subject to regional rules
415. Acquisition of deemed permits
416. Compensation
417. Permits over land other than that of holders to be produced in Land Transfer Office
417A. Uses of lakes and rivers not restricted by section 9
418. Certain existing permitted uses may continue
419. Certain discharges affected by water classifications
420. Designations and requirements continued
421. Protection notices to become heritage orders
422. Procedure for requirements for designations and protection notices
423. National water conservation orders
424. Savings as to bylaws
425. Leases, licences, and other authorities under Harbours Act 1950
425A. Functions and powers in respect of activities on or in Lake Taupo
426. Leases and licences executed under Marine Farming Act 1971
427. Deemed transfer of powers to former public bodies
428. Environment Court
429. Savings as to compensation claims
430. Savings as to court proceedings
431. Obligation to prepare draft New Zealand coastal policy statement within 1 year
432. Obligation to prepare regional policy statements and coastal plans within 2 years
433. Collection of water management charges
PART 16 - Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
Note
434. Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
SCHEDULE 1
SCHEDULE 1AA
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 3B
SCHEDULE 3C
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
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