Resource Management Act 1991 - extwprlegs1.fao.orgextwprlegs1.fao.org/docs/pdf/nze11889.pdf · Resource Management Act 1991 Public Act 1991 No 69 Date of assent 22 July 1991 Commencement

Resource Management Act 1991Public Act 1991 No 69

Date of assent 22 July 1991Commencement see section 1(2)

ContentsPage

Title 321 Short Title and commencement 32

Part 1Interpretation and application

2 Interpretation 322AA Definitions relating to notification 572AB Meaning of public notice 582A Successors 583 Meaning of effect 583A Person acting under resource consent with permission 593B Transitional, savings, and related provisions 594 Act to bind the Crown 594A Application of this Act to ships and aircraft of foreign States 62

Part 2Purpose and principles

5 Purpose 626 Matters of national importance 62

NoteChanges authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.

Reprintas at 14 September 2018

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http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998524

7 Other matters 638 Treaty of Waitangi 64

Part 3Duties and restrictions under this Act

Land9 Restrictions on use of land 6410 Certain existing uses in relation to land protected 6510A Certain existing activities allowed 6610B Certain existing building works allowed 6711 Restrictions on subdivision of land 68

Coastal marine area12 Restrictions on use of coastal marine area 6912A Restrictions on aquaculture activities in coastal marine area and on

other activities in aquaculture management areas [Repealed]72

12B Continuation of coastal permit for aquaculture activities ifaquaculture management area ceases to exist [Repealed]

72

River and lake beds13 Restriction on certain uses of beds of lakes and rivers 72

Water14 Restrictions relating to water 73

Discharges15 Discharge of contaminants into environment 7415A Restrictions on dumping and incineration of waste or other matter

in coastal marine area75

15B Discharge of harmful substances from ships or offshoreinstallations

75

15C Prohibitions in relation to radioactive waste or other radioactivematter and other waste in coastal marine area

76

Noise16 Duty to avoid unreasonable noise 77

Adverse effects17 Duty to avoid, remedy, or mitigate adverse effects 77

Recognised customary activities[Repealed]

17A Recognised customary activity may be exercised in accordancewith any controls [Repealed]

78

17B Adverse effects assessment [Repealed] 78Emergencies

18 Possible defence in cases of unforeseen emergencies 78

Resource Management Act 1991Reprinted as at

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Procedure18A Procedural principles 79

Effect of certain changes to plans[Repealed]

19 Certain rules in proposed plans to be operative [Repealed] 7920 Certain rules in proposed plans not to have effect [Repealed] 79

Certain existing lawful activities allowed20A Certain existing lawful activities allowed 80

Miscellaneous provisions21 Avoiding unreasonable delay 8122 Duty to give certain information 8123 Other legal requirements not affected 81

Part 4Functions, powers, and duties of central and local government

Functions, powers, and duties of Ministers24 Functions of Minister for the Environment 8224A Power of Minister for the Environment to investigate and make

recommendations83

25 Residual powers of Minister for the Environment 8325A Minister may direct preparation of plan, change, or variation 8425B Ministers may direct commencement of review 8426 Minister may make grants and loans 8527 Minister may require local authorities to supply information 8528 Functions of Minister of Conservation 8628A Regional council must supply information to Minister of

Conservation86

28B Functions of Minister of Aquaculture 8729 Delegation of functions by Ministers 8729A Restriction on Ministerial direction 90

Functions, powers, and duties of local authorities30 Functions of regional councils under this Act 9131 Functions of territorial authorities under this Act 9531A Minister of Conservation to have certain powers of local authority 9632 Requirements for preparing and publishing evaluation reports 9632AA Requirements for undertaking and publishing further evaluations 9832A Failure to carry out evaluation 9933 Transfer of powers 10034 Delegation of functions, etc, by local authorities 10134A Delegation of powers and functions to employees and other

persons102

35 Duty to gather information, monitor, and keep records 103

Reprinted as at14 September 2018 Resource Management Act 1991

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35A Duty to keep records about iwi and hapu 10636 Administrative charges 10836AAA Criteria for fixing administrative charges 11236AAB Other matters relating to administrative charges 11336AA Local authority policy on discounting administrative charges 113

Duties of local authorities and applicants36A No duty under this Act to consult about resource consent

applications and notices of requirement114

Powers and duties of local authorities and other public authorities36B Power to make joint management agreement 11536C Local authority may act by itself under joint management

agreement115

36D Effect of joint management agreement 11536E Termination of joint management agreement 116

Waivers and extension of time limits37 Power of waiver and extension of time limits 11637A Requirements for waivers and extensions 11637B Persons to have powers of consent authority for purposes of

sections 37 and 37A118

Enforcement officers38 Authorisation and responsibilities of enforcement officers 118

Powers and duties in relation to hearings39 Hearings to be public and without unnecessary formality 12039A Accreditation 12139B Persons who may be given hearing authority 12139C Effect of lack of accreditation 12240 Persons who may be heard at hearings 12341 Provisions relating to hearings 12341A Control of hearings 12441B Directions to provide evidence within time limits 12441C Directions and requests before or at hearings 12441D Striking out submissions 12642 Protection of sensitive information 127

Reports42A Reports to local authority 128

Part 4AEnvironmental Protection Authority

42B Establishment of Environmental Protection Authority [Repealed] 13042C Functions of EPA 13042CA Cost recovery for specified function of EPA 131


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42D Secretary for the Environment to exercise functions of EPA[Repealed]

132

Part 5Standards, policy statements, and plans

43AA Interpretation 13243AAB Meaning of district rule and regional rule 13343AAC Meaning of proposed plan 133

Subpart 1National directionNational environmental standards

43 Regulations prescribing national environmental standards 13443A Contents of national environmental standards 13543B Relationship between national environmental standards and rules

or consents138

43C Relationship between national environmental standards and waterconservation orders

139

43D Relationship between national environmental standards anddesignations

139

43E Relationship between national environmental standards and bylaws 14043F Description of discharges in national environmental standards for

discharges140

43G Incorporation of material by reference in national environmentalstandards [Repealed]

141

44 Restriction on power to make national environmental standards 14144A Local authority recognition of national environmental standards 141

National policy statements45 Purpose of national policy statements (other than New Zealand

coastal policy statements)143

45A Contents of national policy statements 14346 Proposed national policy statement [Repealed] 14446A Single process for preparing national directions 14546B Incorporation of material by reference in national direction 14647 Board of inquiry 14647A Board of inquiry to suspend consideration or consider additional

material146

48 Public notification of proposal for national direction and inquiry 14749 Submissions to board of inquiry 14850 Conduct of hearing 14851 Matters to be considered and board of inquirys report 14851A Withdrawal of proposed national policy statement 14952 Consideration of recommendations and approval or withdrawal of

statement149

53 Changes to or review or revocation of national policy statements 150


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54 Publication of national policy statements 15155 Local authority recognition of national policy statements 151

New Zealand coastal policy statements56 Purpose of New Zealand coastal policy statements 15257 Preparation of New Zealand coastal policy statements 15258 Contents of New Zealand coastal policy statements 15358A Incorporation of material by reference in New Zealand coastal

policy statements [Repealed]154

National planning standards58B Purposes of national planning standards 15458C Scope and contents of national planning standards 15558D Preparation of national planning standards 15658E Approval of national planning standard 15758F Publication of national planning standards and other documents 15758G First set of national planning standards 15858H Changing, replacing, or revoking national planning standards 15858I Local authority recognition of national planning standards 15858J Time frames applying under first set of national planning standards 160

Publication of documents58K Obligation to publish documents 161

Subpart 2Mana Whakahono a Rohe: Iwi participationarrangements

58L Definitions 161Purpose and guiding principles

58M Purpose of Mana Whakahono a Rohe 16258N Guiding principles 162

Initiating Mana Whakahono a Rohe58O Initiation of Mana Whakahono a Rohe 16358P Other opportunities to initiate Mana Whakahono a Rohe 16458Q Time frame for concluding Mana Whakahono a Rohe 165

Contents58R Contents of Mana Whakahono a Rohe 16558S Resolution of disputes that arise in course of negotiating Mana

Whakahono a Rohe167

58T Review and monitoring 16758U Relationship with iwi participation legislation 168

Subpart 3Local authority policy statements and plansRegional policy statements

59 Purpose of regional policy statements 16860 Preparation and change of regional policy statements 168


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61 Matters to be considered by regional council (policy statements) 16862 Contents of regional policy statements 170

Regional plans63 Purpose of regional plans 17164 Preparation and change of regional coastal plans 17264A Imposition of coastal occupation charges 17265 Preparation and change of other regional plans 17366 Matters to be considered by regional council (plans) 17567 Contents of regional plans 17768 Regional rules 17868A Regional coastal plan not to authorise aquaculture activities in

coastal marine area as permitted activities181

69 Rules relating to water quality 18170 Rules about discharges 182

Rules relating to discharge of greenhouse gases70A Application to climate change of rules relating to discharge of

greenhouse gases182

70B Implementation of national environmental standards 18371 Rules about esplanade reserves on reclamation [Repealed] 183

District plans72 Purpose of district plans 18373 Preparation and change of district plans 18374 Matters to be considered by territorial authority 18475 Contents of district plans 18676 District rules 18777 Rules about esplanade reserves on subdivision and road stopping 189

Additional provisions for regional rules and district rules77A Power to make rules to apply to classes of activities and specify

conditions190

77B Duty to include certain rules in relation to controlled or restricteddiscretionary activities

190

77C Certain activities to be treated as discretionary activities orprohibited activities [Repealed]

191

77D Rules specifying activities for which consent applications must benotified or are precluded from being notified

191

Miscellaneous provisions[Repealed]

78 Withdrawal of proposed policy statements and plans [Repealed] 19178A Combined regional and district documents [Repealed] 191

Review79 Review of policy statements and plans 192


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79A Circumstance when further review required [Repealed] 19379B Consequence of review under section 79A [Repealed] 193

Combined documents80 Combined regional and district documents 193

Subpart 4Collaborative planning process80A Use of collaborative planning process 195

Subpart 5Streamlined planning process80B Purpose, scope, application of Schedule 1, and definitions 19580C Application to responsible Minister for direction 196

Subpart 6Miscellaneous matters81 Boundary adjustments 19782 Disputes 19882A Dispute relating to review under section 79A [Repealed] 19983 Procedural requirements deemed to be observed 19984 Local authorities to observe their own policy statements and plans 19985 Environment Court may give directions in respect of land subject

to controls200

Plan must not allow activity that prevents protected customaryrights

85A Plan or proposed plan must not include certain rules 20285B Process to apply if plan or proposed plan does not comply with

section 85A202

86 Power to acquire land 203Subpart 7Legal effect of rules

Legal effect of rules[Repealed]

86A Purpose of sections 86B to 86G 20486B When rules in proposed plans have legal effect 20486C When rule has legal effect if decision to delay its effect is

rescinded205

86D Environment Court may order rule to have legal effect from dateother than standard date

205

86E Local authorities must identify rules having early or delayed legaleffect

206

86F When rules in proposed plans must be treated as operative 20786G Rule that has not taken legal effect or become operative excluded

from references to rule in this Act and regulations made under thisAct

207


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Part 6Resource consents

87AA This Part subject to Part 6A 20787AAB Meaning of boundary activity and related terms 20887AAC Meaning of fast-track application 20887AAD Overview of application of this Part to boundary activities and

fast-track applications209

87 Types of resource consents 21087A Classes of activities 21087B Certain activities to be treated as discretionary activities or

prohibited activities212

87BA Boundary activities approved by neighbours on infringedboundaries are permitted activities

212

87BB Activities meeting certain requirements are permitted activities 213Streamlining decision-making on resource consents

87C Sections 87D to 87I apply to resource consent applications 21487D Request for application to go directly to Environment Court 21487E Consent authoritys decision on request 21587F Consent authoritys subsequent processing 21687G Environment Court determines application 21787H Residual powers of consent authority 21887I When consent authority must determine application 218

Application for resource consent88 Making an application 21988A Description of type of activity to remain the same 22088B Time limits from which time periods are excluded in relation to

applications221

88C Excluded time periods relating to provision of further information 22288D Excluded time periods relating to direct referral 22488E Excluded time periods relating to other matters 22588F Excluded time periods relating to pre-request aquaculture

agreements227

89 Applications to territorial authorities for resource consents whereland is in coastal marine area

227

89A Applications affecting navigation to be referred to Maritime NewZealand

228

90 Distribution of application to other authorities [Repealed] 22991 Deferral pending application for additional consents 22991A Applicant may have processing of application suspended 22991B When suspension of processing ceases 23091C Application may be returned if suspended after certain period 230


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Further information92 Further information, or agreement, may be requested 23192A Responses to request 23292B Responses to notification 233

Notification of applications[Repealed]

93 When public notification of consent applications is required[Repealed]

233

94 When public notification of consent applications is not required[Repealed]

234

94A Forming opinion as to whether adverse effects are minor or morethan minor [Repealed]

234

94B Forming opinion as to who may be adversely affected [Repealed] 23494C Public notification if applicant requests or if special circumstances

exist [Repealed]234

94D When public notification and service requirements may be varied[Repealed]

234

Public notification and limited notification of applications95 Time limit for public notification or limited notification 23495A Public notification of consent applications 23595B Limited notification of consent applications 23695C Public notification of consent application after request for further

information or report238

95D Consent authority decides if adverse effects likely to be more thanminor

238

95E Consent authority decides if person is affected person 23995F Meaning of affected protected customary rights group 23995G Meaning of affected customary marine title group 240

Submissions on applications96 Making submissions 24097 Time limit for submissions 24198 Advice of submissions to applicant 241

Pre-hearing meetings and mediation99 Pre-hearing meetings 24199A Mediation 243

Hearings100 Obligation to hold a hearing 244100A Hearing by commissioner if requested by applicant or submitter 244101 Hearing date and notice 244102 Joint hearings by 2 or more consent authorities 245103 Combined hearings in respect of 2 or more applications 246


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103A Time limit for completion of hearing of notified application 246103B Requirement to provide report and other evidence before hearing 247

Decisions104 Consideration of applications 247104A Determination of applications for controlled activities 250104B Determination of applications for discretionary or non-complying

activities250

104C Determination of applications for restricted discretionary activities 251104D Particular restrictions for non-complying activities 251

Decisions on applications relating to discharge of greenhousegases

[Repealed]104E Applications relating to discharge of greenhouse gases 252104F Implementation of national environmental standards 252105 Matters relevant to certain applications 252106 Consent authority may refuse subdivision consent in certain

circumstances253

107 Restriction on grant of certain discharge permits 254107A Restrictions on grant of resource consents [Repealed] 255107B Provision for certain infrastructure works and related operations

[Repealed]255

107C Circumstances when written approval for resource consentrequired from holder of customary rights order [Repealed]

255

107D Process to apply if grant of resource consent has effect ofcancelling customary rights order [Repealed]

255

Decisions on applications relating to non-aquaculture activities[Repealed]

107E Decision on application to undertake non-aquaculture activity inaquaculture management area [Repealed]

255

107F Applications to undertake aquaculture activities 255108 Conditions of resource consents 257108AA Requirements for conditions of resource consents 259108A Bonds 260109 Special provisions in respect of bonds or covenants 261110 Refund of money and return of land where activity does not

proceed262

111 Use of financial contributions 263112 Obligation to pay rent and royalties deemed condition of consent 263113 Decisions on applications to be in writing, etc 264114 Notification 265115 Time limits for notification of decision 267116 When a resource consent commences 268


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116A When coastal permit for aquaculture activities may commence 269116B When resource consent commences if subject to grant of

application to exchange recreation reserve land271

Restricted coastal activities117 Application to carry out restricted coastal activity 272118 Recommendation of hearing committee [Repealed] 272119 Decision on application for restricted coastal activity [Repealed] 272119A Coastal permit for restricted coastal activity treated as if granted by

regional council272

Appeals120 Right to appeal 273121 Procedure for appeal 274

Nature of resource consent122 Consents not real or personal property 274

Duration of consent123 Duration of consent 276123A Duration of consent for aquaculture activities 276124 Exercise of resource consent while applying for new consent 277124A When sections 124B and 124C apply and when they do not apply 277124B Applications by existing holders of resource consents 278124C Applications by persons who are not existing holders of resource

consents279

125 Lapsing of consents 279126 Cancellation of consent 280127 Change or cancellation of consent condition on application by

consent holder281

Review of consent conditions by consent authority128 Circumstances when consent conditions can be reviewed 282129 Notice of review 283130 Public notification, submissions, and hearing, etc 284131 Matters to be considered in review 286132 Decisions on review of consent conditions 286133 Powers under Part 12 not affected 287133A Minor corrections of resource consents 287

Transfer of consents134 Land use and subdivision consents attach to land 288135 Transferability of coastal permits 288136 Transferability of water permits 288137 Transferability of discharge permits 289138 Surrender of consent 291


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138A Special provisions relating to coastal permits for dumping andincineration

291

Certificates of compliance or existing use139 Consent authorities and Environmental Protection Authority to

issue certificates of compliance293

139A Consent authorities to issue existing use certificates 294Decisions on proposals of national significance

[Repealed]Part 6AA

Proposals of national significance140 Outline of this Part 296141 Interpretation 297141A Ministers power to intervene [Repealed] 299141B Ministers power to call in matters that are or are part of proposals

of national significance [Repealed]299

141C Form and effect of Ministers direction [Repealed] 299Subpart 1Minister may make direction in relation to matter

Matter lodged with local authority142 Minister may call in matter that is or is part of proposal of national

significance299

143 Restriction on when local authority may request call in 301144 Restriction on when Minister may call in matter 301144A EPA to advise and make recommendations to Minister in relation

to call-in302

Matter lodged with EPA145 Matter lodged with EPA 302146 EPA to recommend course of action to Minister 304147 Minister makes direction after EPA recommendation 305

General provisions for matter lodged with local authority or EPA148 Proposals relating to coastal marine area 306149 EPA may request further information or commission report 306

How matter processed if direction made to refer matter to board ofinquiry or court

149A EPA must serve Ministers direction on local authority andapplicant

308

149B Local authoritys obligations if matter called in 308149C EPA must give public notice of Ministers direction 308149D Minister may instruct EPA to delay giving public notice pending

application for additional consents310


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149E EPA to receive submissions on matter if public notice of directionhas been given

310

149F EPA to receive further submissions if matter is request, change, orvariation

312

149G EPA must provide board or court with necessary information 313149H Local authority may not notify further change or variation in

certain circumstances314

149I Limitation on withdrawal of change or variation 314Subpart 2How matter decided if direction made to refer matter

to board of inquiry or courtMatter decided by board of inquiry

149J Minister to appoint board of inquiry 315149K How members appointed 315149KA EPA may make administrative decisions 316149L Conduct of inquiry 316149M Process if matter is request for regional plan or change and

particular circumstances apply318

149N Process if section 149M applies or proposed plan or change not yetprepared

319

149O Public notice and submissions where EPA receives proposed planor change from local authority under section 149N

320

149P Consideration of matter by board 322149Q Board to produce draft report [Repealed] 324149R Board to produce report 324149RA Minor corrections of board decisions, etc 326149S Minister may extend time by which board must report 327

Matter decided by Environment Court149T Matter referred to Environment Court 328149U Consideration of matter by Environment Court 328

Appeals149V Appeal from decisions only on question of law 330

Subpart 3Miscellaneous provisionsProcess after decision of board of inquiry or court on certain

matters149W Local authority to implement decision of board or court about

proposed regional plan or change or variation331

149X Residual powers of local authority 332Minister makes direction to refer matter to local authority

149Y EPA must refer matter to local authority if direction made byMinister

333

149Z Local authority must process referred matter 333


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Ministers powers to intervene in matter149ZA Ministers powers to intervene in matter 334

Process if related matter already subject to direction to refer toboard of inquiry or court

149ZB How EPA must deal with certain applications and notices ofrequirement

335

149ZC Minister to decide whether application or notice of requirement tobe notified

336

149ZCA Application of sections 149ZCB to 149ZCF 336149ZCB Public notification of application or notice at Ministers discretion 336149ZCC Limited notification of application or notice 337149ZCD Public notification of application or notice after request for further

information338

149ZCE Minister to decide if adverse effects likely to be more than minor 338149ZCF Minister to decide if person is affected person 338

Costs of processes under this Part149ZD Costs of processes under this Part recoverable from applicant 339149ZE Remuneration, allowances, and expenses of boards of inquiry 340149ZF Liability to pay costs constitutes debt due to EPA or the Crown 340149ZG Process may be suspended if costs outstanding 341150 Residual powers of authorities [Repealed] 341150AA Reference to Environment Court [Repealed] 342

Part 6AAquaculture moratorium

150A Interpretation 342150B Moratorium 342150C Earlier expiry of moratorium in relation to specified areas 343150D Pending applications to be considered under rules as at end of

moratorium [Repealed]344

150E Transitional provision [Repealed] 344150F No compensation 344

Certain coastal permits continued150G Certain coastal permits issued in period from 1 June 1995 to 1

August 2003 continued344

Part 7Coastal tendering

151AA Part not to apply to applications to occupy coastal marine area 345151 Interpretation 345152 Order in Council may be made requiring holding of authorisation 345153 Application of Order in Council 346154 Publication, etc, of Order in Council 347


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155 Particulars of Order in Council to be endorsed on regional coastalplan

348

156 Effect of Order in Council 348157 Calling of public tenders for authorisations 348158 Requirements of tender 349159 Acceptance of tender, etc 349160 Notice of acceptance of tender 350161 Grant of authorisation 350162 Authorisation not to confer right to coastal permit, etc 350163 Authorisation transferable 351164 Authorisation to lapse in certain circumstances 351165 Tender money 352

Part 7AOccupation of common marine and coastal area

165A Overview 352165AB Establishment of aquaculture management areas [Repealed] 353165B Relationship of Part with rest of Act 353165BB Some applications for coastal permits must be cancelled

[Repealed]353

165BC Certain applications not to be processed or determined untilaquaculture management area established in regional coastal plan[Repealed]

354

Subpart 1Managing occupation in common marine and coastalarea

165C Interpretation 354165D Power of consent authorities to refuse to receive applications for

coastal permits354

165E Applications in relation to aquaculture settlement areas 354Regional coastal plan provisions relating to occupation of common

marine and coastal area165F Provisions about occupation of common marine and coastal area 355165G Plan may specify allocation methods 356165H Regional council to have regard to and be satisfied about certain

matters before including allocation rule in regional coastal plan orproposed regional coastal plan

356

165I Offer of authorisations for activities in common marine and coastalarea in accordance with plan

357

165J When applications not to be made unless applicant holdsauthorisation in accordance with plan

358

165K Power to give directions relating to allocation of authorisations forspace provided for in plan

358


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Ministerial approval of use of method of allocating authorisations165L Regional council may request use of allocation method 360165M Stay on applications following request under section 165L 361165N Minister may approve use of allocation method 361165O Period of approval 364165P Offer of authorisations where approved by Minister 365165Q When applications not to be made or granted unless applicant

holds authorisation in accordance with Gazette notice365

Authorisations165R Authorisation not to confer right to coastal permit 366165S Authorisation transferable 366165T Authorisation lapses in certain circumstances 366165U Public notice of offer of authorisations by regional council 367165V Requirements for offers for authorisations 368165W Preferential rights of iwi 369165X Acceptance of offer for authorisations 369165Y Grant of authorisation 370165Z Tender money 370165ZA Use of tender money 370

Ministerial powers in relation to applications for coastal permitsto undertake aquaculture activities in common marine and coastal

area165ZB Regional council may request suspension of applications to occupy

common marine and coastal area for purposes of aquacultureactivities

371

165ZC Effect on applications of request under section 165ZB 372165ZD Minister of Aquaculture may suspend applications to occupy the

common marine and coastal area for the purposes of aquacultureactivities

372

165ZE Subsequent requests for direction in relation to suspension ofreceipt of applications

374

Ministerial power to direct applications for coastal permits toundertake aquaculture activities in common marine and coastal

area to be processed and heard together165ZF Regional council may request direction to process and hear

together applications for permits to occupy common marine andcoastal area for purpose of aquaculture activities

374

165ZFA Ministerial power to direct applications to be processed and heardtogether

375

Processing and hearing together of applications for coastalpermits

165ZFB Application of sections 165ZFC to 165ZFH 377


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165ZFC Interpretation 377165ZFD Effect of requirement that applications be processed and heard

together on direct referral to Environment Court under sections87D to 87I

378

165ZFE Processing of affected applications 378165ZFF Hearing of affected applications 380165ZFG Effect of requirement that applications be processed and heard

together on power of Minister to call in applications under section142

381

165ZFH Effect of requirement that applications be processed and heardtogether on lodgement of applications with EPA

382

Subpart 2Privately initiated plan changes[Repealed]

Subpart 3Order in which applications by existing consentholders are to be processed

165ZG Application 382165ZH Processing applications for existing permit holders 383165ZI Applications for space already used for aquaculture activities 384165ZJ Additional criteria for considering applications for permits for

space already used for aquaculture activities385

Subpart 4Plan change requests and concurrent applications forcoastal permits in relation to aquaculture activities

165ZK Application 386165ZL Interpretation 386165ZM Other provisions of Act apply subject to this subpart 386165ZN Application for coastal permit to undertake aquaculture activities 387165ZO Identifying plan change requests and concurrent applications 387165ZP Incomplete concurrent application 387165ZQ Additional consents 388165ZR Concurrent application to be declined or treated as withdrawn if

plan change request declined or withdrawn388

165ZS Consideration of plan change request 389165ZT Notification of accepted plan change request 389165ZU Submissions on plan change request and concurrent application 390165ZV Hearing of submissions 390165ZW Type of activity in relation to concurrent activities 390165ZX Consideration of plan change request and concurrent application 390165ZY Regional councils decision on concurrent application 391165ZZ Appeals 391165ZZA Grant of coastal permit 391


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Part 8Designations and heritage orders

Designations166 Meaning of designation, network utility operator, and requiring

authority391

167 Application to become requiring authority 393168 Notice of requirement to territorial authority 394168A Notice of requirement by territorial authority 394169 Further information, notification, submissions, and hearing for

notice of requirement to territorial authority397

170 Discretion to include requirement in proposed plan 399171 Recommendation by territorial authority 401172 Decision of requiring authority 402173 Notification of decision on designation 402174 Appeals 402175 Designation to be provided for in district plan 403176 Effect of designation 404176A Outline plan 404177 Land subject to existing designation or heritage order 405178 Interim effect of requirements for designations 406179 Appeals relating to sections 176 to 178 407180 Transfer of rights and responsibilities for designations 408181 Alteration of designation 408182 Removal of designation 409183 Review of designation which has not lapsed [Repealed] 410184 Lapsing of designations which have not been given effect to 410184A Lapsing of designations of territorial authority in its own district 411185 Environment Court may order taking of land 411186 Compulsory acquisition powers 412

Heritage orders187 Meaning of heritage order and heritage protection authority 413188 Application to become heritage protection authority 414189 Notice of requirement to territorial authority 415189A Notice of requirement for heritage order by territorial authority 416190 Further information, notification, submissions, and hearing for

notice of requirement to territorial authority419

191 Recommendation by territorial authority 421192 Application of other sections 422193 Effect of heritage order 422193A Land subject to existing heritage order or designation 422194 Interim effect of requirement 423195 Appeals relating to sections 193 and 194 424195A Alteration of heritage order 425


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195B Transfer of heritage order 425195C Notice of determination 426196 Removal of heritage order 427197 Compulsory acquisition powers 427198 Environment Court may order land taken, etc 427

Time limits from which time periods are excluded in relation todesignations and heritage orders

198AA Time limits from which time periods are excluded in relation todesignations and heritage orders

429

198AB Excluded time periods relating to provision of further information 429198AC Excluded time periods relating to direct referral 431198AD Excluded time periods relating to other matters 433

Streamlining decision-making on designations and heritage orders198A Sections 198B to 198G apply to requirements under section 168 or

189433

198B Requiring authority or heritage protection authoritys request 434198C Territorial authoritys decision on request 434198D Territorial authoritys subsequent processing 435198E Environment Court decides 437198F Residual powers of territorial authority 438198G When territorial authority must deal with requirement 438198H Sections 198I to 198M apply to requirements under section 168A

or 189A439

198I Territorial authoritys decision 439198J Territorial authoritys subsequent processing 440198K Environment Court decides 441198L Residual powers of territorial authority 442198M When territorial authority must deal with requirement 442

Part 9Water conservation orders

199 Purpose of water conservation orders 443200 Meaning of water conservation order 443201 Application for water conservation order 444202 Ministers obligations upon receipt of application 444203 Special tribunal 444204 Public notification of application 445205 Submissions to special tribunal 446206 Conduct of hearing 447207 Matters to be considered 448208 Special tribunal to report on application 448209 Right to make submissions to Environment Court 448210 Environment Court to hold inquiry 449211 Who may be heard at inquiry 449


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212 Matters to be considered by Environment Court 450213 Courts report 450214 Making of water conservation order 451215 Ministers obligation to state reasons for not accepting

recommendation451

216 Revocation or variation of order 451217 Effect of water conservation order 452

Part 10Subdivision and reclamations

218 Meaning of subdivision of land 453219 Information to accompany applications for subdivision consents

[Repealed]455

220 Condition of subdivision consents 455221 Territorial authority to issue a consent notice 457222 Completion certificates 458

Approval and deposit of survey plans223 Approval of survey plan by territorial authority 458224 Restrictions upon deposit of survey plan 460225 Agreement to sell land or building before deposit of plan 462226 Restrictions upon issue of certificates of title for subdivision 462226A Savings in respect of cross leases, company leases, and retirement

village leases464

227 Cancellation of prior approvals 464228 Subdivision by the Crown 465

Esplanade reserves229 Purposes of esplanade reserves and esplanade strips 466230 Requirement for esplanade reserves or esplanade strips 466231 Esplanade reserves to vest on subdivision 467232 Creation of esplanade strips 467233 Effect of change to boundary of esplanade strip 468234 Variation or cancellation of esplanade strips 469235 Creation of esplanade strips by agreement 470236 Where land previously set aside or reserved 470237 Approval of survey plans where esplanade reserve or esplanade

strips required471

237A Vesting of land in common marine and coastal area or bed of lakeor river

472

237B Access strips 473237C Closure of strips to public 474237D Transfers to the Crown or regional council 474237E Compensation for taking of esplanade reserves or strips on

allotments of less than 4 hectares475


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237F Compensation for taking of esplanade reserves or strips onallotments of 4 hectares or more

475

237G Compensation 475237H Valuation 476

Vesting of roads and reserves238 Vesting of roads 477239 Vesting of reserves or other land 477

Conditions as to amalgamation of land240 Covenant against transfer of allotments 478241 Amalgamation of allotments 480242 Prior registered instruments protected 481

Conditions as to easements243 Survey plan approved subject to grant or reservation of easements 482

Company leases and cross leases[Repealed]

244 Company leases and cross leases [Repealed] 484Reclamations

245 Consent authority approval of a plan of survey of a reclamation 484246 Restrictions on deposit of plan of survey for reclamation 485

Part 11Environment Court

247 Planning Tribunal re-named Environment Court 486248 Membership of Environment Court 486

Environment Judges and alternate Environment Judges249 Eligibility for appointment as an Environment Judge or alternate

Environment Judge487

250 Appointment of Environment Judges and alternate EnvironmentJudges

487

250A Judge not to undertake other employment or hold other office 488250B Protocol relating to activities of Judges 488251 Principal Environment Judge 489251A Appointment of acting Principal Environment Judge 489252 When an alternate Environment Judge may act 490

Environment Commissioners and Deputy EnvironmentCommissioners

253 Eligibility for appointment as Environment Commissioner orDeputy Environment Commissioner

490

254 Appointment of Environment Commissioner or DeputyEnvironment Commissioner

491

255 When a Deputy Environment Commissioner may act 491


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256 Oath of office 492Removal and resignation of members

257 Resignation 492258 Removal of members 492

Special advisors259 Special advisors 493

Officers of court260 Registrar and other officers 493

Miscellaneous provisions relating to court261 Protection from legal proceedings 494262 Environment Court members who are ratepayers 494263 Remuneration of Environment Commissioners and special

advisors495

264 Annual report of Registrar 495Constitution of court

265 Environment Court sittings 496266 Constitution of the Environment Court not to be questioned 497

Conferences and additional dispute resolution267 Conferences 497268 Alternative dispute resolution 499268A Mandatory participation in alternative dispute resolution processes 499

Procedure and powers269 Court procedure 499270 Hearing matters together 500271 Local hearings 500271A Submitter may be party to proceedings [Repealed] 500272 Hearing of proceedings 501273 Successors to parties to proceedings 501274 Representation at proceedings 501275 Personal appearance or by representative 504276 Evidence 504276A Evidence of documents 505277 Hearings and evidence generally to be public 505277A Powers of Environment Court in relation to evidence heard on

appeal by way of rehearing505

278 Environment Court has powers of District Court 506279 Powers of Environment Judge sitting alone 507280 Powers of Environment Commissioner sitting without

Environment Judge509

281 Waivers and directions 510


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281A Registrar may waive, reduce, or postpone payment of fee 511281B Review of exercise of power by Registrar 512282 Contempt of court 512283 Non-attendance or refusal to co-operate 512284 Witnesses allowances 513284A Security for costs [Repealed] 513285 Awarding costs 514286 Enforcing orders for costs 514287 Reference of questions of law to High Court 515288 Privileges and immunities 515288A Information regarding reserved judgments 516288B Recusal guidelines 516288C Judge may make order restricting commencement or continuation

of proceeding516

288D Grounds for making section 288C order 517288E Terms of section 288C order 517288F Procedure and appeals relating to section 288C orders 517

Appeals, inquiries, and other proceedings before EnvironmentCourt

289 Reply to appeal or request for inquiry [Repealed] 518290 Powers of court in regard to appeals and inquiries 518290AA Powers of court in regard to certain appeals under clause 14 of

Schedule 1519

290A Environment Court to have regard to decision that is subject ofappeal or inquiry

519

291 Other proceedings before court 519Courts powers in regard to plans and policy statements

292 Remedying defects in plans 520293 Environment Court may order change to proposed policy

statements and plans520

293A Determinations on recognition orders and agreements made underMarine and Coastal Area (Takutai Moana) Act 2011

521

294 Review of decision by court 522Decisions of Environment Court

295 Environment Court decisions are final 522296 No review of decisions unless right of appeal or reference to

inquiry exercised523

297 Decisions of court to be in writing 523298 Documents judicially noticed 523

Appeals from Environment Court decisions299 Appeal to High Court on question of law 523300 Notice of appeal 524


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301 Right to appear and be heard on appeal 525302 Parties to the appeal before the High Court 525303 Orders of the High Court 526304 Dismissal of appeal 526305 Additional appeals on questions of law 527306 Extension of time 527307 Date of hearing 527308 Appeals to the Court of Appeal 527

Part 11AAct not to be used to oppose trade competitors

308A Identification of trade competitors and surrogates 528308B Limit on making submissions 528308C Limit on representation at appeals 529308CA Limit on representation at proceedings as party under section 274 529308D Limit on appealing under this Act 529308E Prohibition on using surrogate 529308F Surrogate must disclose status 530308G Declaration that Part contravened 530308H Costs orders if declaration made 531308I Proceedings for damages in High Court 532

Part 12Declarations, enforcement, and ancillary powers

309 Proceedings to be heard by an Environment Judge 532Declarations

310 Scope and effect of declaration 533311 Application for declaration 535312 Notification of application 535313 Decision on application 536

Enforcement orders314 Scope of enforcement order 536315 Compliance with enforcement order 538316 Application for enforcement order 539317 Notification of application 540318 Right to be heard 540319 Decision on application 540320 Interim enforcement order 541321 Change or cancellation of enforcement order 542

Abatement notices322 Scope of abatement notice 542323 Compliance with abatement notice 544324 Form and content of abatement notice 544325 Appeals 545


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325A Cancellation of abatement notice 547325B Restrictions on certain applications for enforcement orders and

abatement notices548

Excessive noise326 Meaning of excessive noise 549327 Issue and effect of excessive noise direction 549328 Compliance with an excessive noise direction 550

Water shortage329 Water shortage direction 551

Emergency works330 Emergency works and power to take preventive or remedial action 552330A Resource consents for emergency works 554330B Emergency works under Civil Defence Emergency Management

Act 2002554

331 Reimbursement or compensation for emergency works 555Powers of entry and search

332 Power of entry for inspection 556333 Power of entry for survey 557334 Application for warrant for entry for search 557335 Direction and execution of warrant for entry for search 558

Return of property336 Return of property seized under sections 323 and 328 559337 Return of property seized under warrant [Repealed] 560

Offences338 Offences against this Act 560339 Penalties 561339A Protection against imprisonment for dumping and discharge

offences involving foreign ships562

339B Additional penalty for certain offences for commercial gain 563339C Amount of fine or other monetary penalty recoverable by distress

and sale of ship or from agent563

340 Liability of principal for acts of agents 564341 Strict liability and defences 565341A Liability and defences for dumping and storage of waste or other

matter566

341B Liability and defences for discharging harmful substances 566342 Fines to be paid to local authority instituting prosecution 567343 Discharges from ships [Repealed] 567

Infringement offences343A Infringement offences 568


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343B Commission of infringement offence 568343C Infringement notices 568343D Entitlement to infringement fees 569

Part 13Hazards Control Commission

[Repealed]344 Interpretation [Repealed] 569345 Purpose and principles [Repealed] 569346 Establishment of Commission [Repealed] 570347 Functions of Commission [Repealed] 570348 Membership of Commission [Repealed] 570349 Compliance with policy directions [Repealed] 570350 Further provisions applying in respect of Commission [Repealed] 570351 Regulations [Repealed] 570

Part 14Miscellaneous provisions

352 Service of documents 570352A Mode of service of summons on master or owner of ship 572353 Notices and consents in relation to Maori land 573354 Crowns existing rights to resources to continue 573355 Vesting of reclaimed land 574355AA Effect of Foreshore and Seabed Act 2004 on vesting of

reclamations [Repealed]575

355AB Application for renewals [Repealed] 575355A Application for consent to unlawful reclamation 575355B Enforcement powers against unlawful reclamations 576356 Matters may be determined by arbitration 576

Rights of objection357 Right of objection against certain decisions 577357A Right of objection to consent authority against certain decisions or

requirements578

357AB Objection under section 357A(1)(f) or (g) may be considered byhearings commissioner

580

357B Right of objection in relation to imposition of additional charges orrecovery of costs

580

357C Procedure for making and hearing objection under sections 357 to357B

580

357CA Powers of hearings commissioner considering objection undersection 357A(1)(f) or (g)

581

357D Decision on objections made under sections 357 to 357B 582358 Appeals against certain decisions or objections 582


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359 Regional councils to pay rents, royalties, and other money receivedinto Crown Bank Account

583

360 Regulations 583360A Regulations amending regional coastal plans in relation to

aquaculture activities591

360B Conditions to be satisfied before regulations made under section360A

591

360C Regional councils obligations 593360D Regulations that prohibit or remove certain rules 593360E Procedures relevant to making rules under section 360D 594360F Regulations relating to administrative charges and other amounts 595360G Regulations relating to fast-track applications 595360H Regulations relating to notification of consent applications 596361 Repeals and revocations 597362 Consequential amendments 597363 Conflicts with special Acts 597

Part 15Transitional provisions

364 Application of this Part 598365 Meaning of permission 598366 Effect of this Act on existing schemes, consents, etc 599367 Effect of regional planning schemes 600

Transitional regional plans368 Existing notices, bylaws, etc, to become regional plans 600369 Provisions deemed to be regional rules 601

Transitional regional coastal plans370 Existing notices, bylaws, etc, to become regional coastal plans 604371 Provisions deemed to be regional rules 605372 Power of Minister of Conservation to give directions relating to

restricted coastal activities606

Transitional district plans373 Existing district and maritime schemes to become district plans 608374 Provisions deemed to be district rules 609375 Transitional provisions for public utilities 610

Provisions relating to all plans376 Transitional plans to be notified and available 611377 Obligation to review transitional plans 612378 Proceedings in relation to plans 612379 Declarations 614

Transitional notices, directions, etc380 Existing notices which continue in effect 614


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381 Existing notices deemed to be abatement notices 614382 Existing direction deemed to be excessive noise direction 615382A Return of property seized under Noise Control Act 1982 615

Transitional resource consents383 Existing permissions to become land use consents 615383A Existing permissions to allow use of beds of lakes and rivers 615384 Existing permissions to become coastal permits 616384A Right of port companies to occupy coastal marine area 617385 Existing clean air permissions to become discharge permits 619386 Existing rights and authorities under Water and Soil Conservation

Act 1967620

387 Existing geothermal licences and authorisations deemed to bewater permits

622

388 Requirement to supply information 624389 Existing applications 624390 Application being heard 625390A Appeals 625390B Date on which application deemed to be made 626390C Dealing with applications for permissions 627390D Timing for renewals 627391 Applications for licences and approvals under Clean Air Act 1972 628391A Resource consents following approval under Clean Air Act 1972 629392 Provisions of Clean Air Act 1972 may be considered on

applications for resource consents for discharging contaminantsinto the air [Expired]

630

393 Applications for Orders in Council to reclaim land and approvalfor harbour works

630

394 Transitional provisions relating to setting aside of esplanadereserves on reclamation [Repealed]

632

395 Applications for works, etc, in coastal marine area [Repealed] 632396 Applications for marine farming in coastal marine area [Repealed] 632396A Notification of lapsing, cancellation, or surrender of coastal permit

for marine farming [Repealed]632

396B Notification of rule change affecting marine farming [Repealed] 632397 Existing applications for marine farming leases [Repealed] 633398 Regional councils not to accept applications for coastal permits in

areas notified by Minister of Fisheries [Repealed]633

399 Applications received on same day 633400 Applications under Marine Farming Act 1971 for prohibited

anchorages, etc633

401 Conditions of deemed resource consents 634401A Transitional coastal occupation charges 634401B Obligation to pay coastal occupation charge deemed condition of

consent635


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Subdivision and development402 Existing subdivision approvals 635403 Existing objections and appeals in relation to subdivisions 636404 Existing applications for approval 636405 Transitional provisions for subdivisions 636405A Transitional provisions for esplanade reserves where land

subdivided or road stopped637

406 Grounds of refusal of subdivision consent 639407 Subdivision consent conditions 639408 Existing approvals for unit plans, cross lease plans, and company

lease plans640

409 Financial contributions for developments 641410 Existing developments 642411 Restriction on imposition of conditions as to financial

contributions642

412 Expiry of certain sections [Repealed] 642Current mining privileges relating to water

413 Current mining privileges to become deemed permits 643414 Deemed permits to be subject to regional rules 645415 Acquisition of deemed permits 646416 Compensation 647417 Permits over land other than that of holders to be produced in Land

Transfer Office648

Existing uses417A Uses of lakes and rivers not restricted by section 9 649418 Certain existing permitted uses may continue 651419 Certain discharges affected by water classifications 655420 Designations and requirements continued 656421 Protection notices to become heritage orders 657422 Procedure for requirements for designations and protection notices 658423 National water conservation orders 660

Miscellaneous provisions424 Savings as to bylaws 661425 Leases, licences, and other authorities under Harbours Act 1950 664425A Functions and powers in respect of activities on or in Lake Taupo 664426 Leases and licences executed under Marine Farming Act 1971

[Repealed]665

427 Deemed transfer of powers to former public bodies 665428 Environment Court 668429 Savings as to compensation claims 669430 Savings as to court proceedings 669


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431 Obligation to prepare draft New Zealand coastal policy statementwithin 1 year

670

432 Obligation to prepare regional policy statements and coastal planswithin 2 years

670

433 Collection of water management charges 670Part 16

Transitional provisions for amendments made on or aftercommencement of Resource Management Amendment Act

2013[Repealed]

434 Transitional provisions for amendments made on or aftercommencement of Resource Management Amendment Act 2013[Repealed]

671

Schedule 1Preparation, change, and review of policy statements and plans

672

Schedule 1AAIncorporation of documents by reference in national

environmental standards, national policy statements, and NewZealand coastal policy statements

743

Schedule 1APreparation and change of regional coastal plans providing for

aquaculture activities[Repealed]

746

Schedule 2Matters that may be provided for in policy statements and

plans[Repealed]

746

Schedule 3Water quality classes

747

Schedule 4Information required in application for resource consent

750

Schedule 5Provisions applying in respect of the Hazards Control

Commission[Repealed]

754

Schedule 6Enactments repealed

755

Schedule 7Regulations and orders revoked

758


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Schedule 8Enactments amended

759

Schedule 9Special Acts under which local authorities and other public

bodies exercise functions, powers, and duties

764

Schedule 10Requirements for instruments creating esplanade strips and

access strips

766

Schedule 11Acts that include statutory acknowledgements

769

Schedule 12Transitional, savings, and related provisions

774

An Act to restate and reform the law relating to the use of land, air, and water

1 Short Title and commencement(1) This Act may be cited as the Resource Management Act 1991.(2) Except as provided in subsection (3), this Act shall come into force on 1 Octo-

ber 1991.(3) [Repealed]

Section 1(3): repealed, on 2 July 2001, by section 149 of the Hazardous Substances and New Organ-isms Act 1996 (1996 No 30).

Part 1Interpretation and application

2 Interpretation(1) In this Act, unless the context otherwise requires,

abatement notice means a notice served under section 322access strip means a strip of land created by the registration of an easement inaccordance with section 237B for the purpose of allowing public access to oralong any river, or lake, or the coast, or to any esplanade reserve, esplanadestrip, other reserve, or land owned by the local authority or by the Crown (butexcluding all land held for a public work except land held, administered, ormanaged under the Conservation Act 1987 and the Acts named in Schedule 1of that Act)accommodated activity has the meaning given in section 9(1) of the Marineand Coastal Area (Takutai Moana) Act 2011accredited means to hold a qualification approved and notified under section39A

s 1 Resource Management Act 1991Reprinted as at

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adverse effects assessment means an assessment carried out(a) by the Minister of Conservation under Part 1 of Schedule 12; or(b) by a regional council under section 17B(1)(a), in accordance with Part 2

of Schedule 12adverse effects report means a written report prepared(a) by the Minister of Conservation in accordance with Part 1 of Schedule

12; or(b) by a regional council under section 17B(1)(b), in accordance with Part 2

of Schedule 12agent or agent of the ship, in relation to a ship, means(a) any agent in New Zealand of the owner of the ship; or(b) any agent of the shipagreement has the meaning given in section 9(1) of the Marine and CoastalArea (Takutai Moana) Act 2011aircraft means any machine that can derive support in the atmosphere from thereactions of the air otherwise than by reactions of the air against the surface ofthe earthairport means any defined area of land or water intended or designed to beused, whether wholly or partly, for the landing, departure, movement, or servic-ing of aircraftallotment has the meaning set out in section 218amenity values means those natural or physical qualities and characteristics ofan area that contribute to peoples appreciation of its pleasantness, aestheticcoherence, and cultural and recreational attributesapplicant,(a) in sections 37A, 40, 41B, 41C, and 42A means

(i) for the purposes of a review of consent conditions, the consentholder; or

(ii) for any matter described in section 39(1) except for section39(1)(c), the person who initiates the matter:

(b) in section 96, means the person who(i) initiates a matter described in section 39(1)(b) or (d); or(ii) holds a resource consent referred to in section 39(1)(c); or(iii) initiates a requirement for a designation:

(c) in Part 6AA, has the meaning given in section 141aquaculture activities(a) means any activity described in section 12 done for the purpose of the

breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic

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33


life, or seaweed for harvest if the breeding, hatching, cultivating, rearing,or ongrowing involves the occupation of a coastal marine area; and

(b) includes the taking of harvestable spat if the taking involves the occupa-tion of a coastal marine area; but

(c) does not include an activity specified in paragraph (a) if the fish, aquaticlife, or seaweed(i) are not in the exclusive and continuous possession or control of

the person undertaking the activity; or(ii) cannot be distinguished or kept separate from naturally occurring

fish, aquatic life, or seaweed; and(d) does not include an activity specified in paragraph (a) or (b) if the activ-

ity is carried out solely for the purpose of monitoring the environmentaquatic life has the same meaning as in section 2(1) of the Fisheries Act 1996bed means,(a) in relation to any river

(i) for the purposes of esplanade reserves, esplanade strips, and sub-division, the space of land which the waters of the river cover atits annual fullest flow without overtopping its banks:

(ii) in all other cases, the space of land which the waters of the rivercover at its fullest flow without overtopping its banks; and

(b) in relation to any lake, except a lake controlled by artificial means,(i) for the purposes of esplanade reserves, esplanade strips, and sub-

division, the space of land which the waters of the lake cover at itsannual highest level without exceeding its margin:

(ii) in all other cases, the space of land which the waters of the lakecover at its highest level without exceeding its margin; and

(c) in relation to any lake controlled by artificial means, the space of landwhich the waters of the lake cover at its maximum permitted operatinglevel; and

(d) in relation to the sea, the submarine areas covered by the internal watersand the territorial sea

benefits and costs includes benefits and costs of any kind, whether monetaryor non-monetarybest practicable option, in relation to a discharge of a contaminant or an emis-sion of noise, means the best method for preventing or minimising the adverseeffects on the environment having regard, among other things, to(a) the nature of the discharge or emission and the sensitivity of the receiv-

ing environment to adverse effects; and

Part 1 s 2 Resource Management Act 1991Reprinted as at

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(b) the financial implications, and the effects on the environment, of thatoption when compared with other options; and

(c) the current state of technical knowledge and the likelihood that theoption can be successfully applied

biological diversity means the variability among living organisms, and theecological complexes of which they are a part, including diversity within spe-cies, between species, and of ecosystemsboundary activity and boundary rule have the meanings given in section87AABcertificate of compliance means a certificate granted by a consent authority orthe Environmental Protection Authority under section 139change has the meaning given in section 43AAclimate change means a change of climate that is attributed directly or indi-rectly to human activity that alters the composition of the global atmosphereand that is in addition to natural climate variability observed over comparabletime periodscoastal marine area means the foreshore, seabed, and coastal water, and theair space above the water(a) of which the seaward boundary is the outer limits of the territorial sea:(b) of which the landward boundary is the line of mean high water springs,

except that where that line crosses a river, the landward boundary at thatpoint shall be whichever is the lesser of(i) 1 kilometre upstream from the mouth of the river; or(ii) the point upstream that is calculated by multiplying the width of

the river mouth by 5coastal permit has the meaning set out in section 87(c)coastal water means seawater within the outer limits of the territorial sea andincludes(a) seawater with a substantial fresh water component; and(b) seawater in estuaries, fiords, inlets, harbours, or embaymentscollaborative group has the meaning given in clause 36 of Schedule 1collaborative planning process means the process by which a proposed policystatement or plan is prepared or changed in accordance with Part 4 of Schedule1combined document means any instrument for which section 80 makes provi-sioncommercial fishing has the same meaning as in section 2(1) of the FisheriesAct 1996


35


common marine and coastal area has the meaning given in section 9(1) ofthe Marine and Coastal Area (Takutai Moana) Act 2011company lease means a lease or licence or other right of occupation of anybuilding or part of any building on, or to be erected on, any land(a) that is granted by a company owning an estate or interest in the land; and(b) that is held by a person by virtue of being a shareholder in the com-

pany,and includes a licence within the meaning of section 121A of the Land TransferAct 1952completion certificate means a certificate issued under section 222conditions, in relation to plans and resource consents, includes terms, stand-ards, restrictions, and prohibitionsconsent authority means a regional council, a territorial authority, or a localauthority that is both a regional council and a territorial authority, whose per-mission is required to carry out an activity for which a resource consent isrequired under this Actconsent notice means a notice issued under section 221constable has the meaning given in section 4 of the Policing Act 2008contaminant includes any substance (including gases, odorous compounds,liquids, solids, and micro-organisms) or energy (excluding noise) or heat, thateither by itself or in combination with the same, similar, or other substances,energy, or heat(a) when discharged into water, changes or is likely to change the physical,

chemical, or biological condition of water; or(b) when discharged onto or into land or into air, changes or is likely to

change the physical, chemical, or biological condition of the land or aironto or into which it is discharged

contaminated land means land that has a hazardous substance in or on itthat(a) has significant adverse effects on the environment; or(b) is reasonably likely to have significant adverse effects on the environ-

mentcontravene includes fail to comply withcontrolled activity means an activity described in section 87A(2)cross lease means a lease of any building or part of any building on, or to beerected on, any land(a) that is granted by any owner of the land; and(b) that is held by a person who has an estate or interest in an undivided

share in the land


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Crown organisation has the same meaning as in section 4 of the CrownOrganisations (Criminal Liability) Act 2002customary marine title area has the meaning given in section 9(1) of the Mar-ine and Coastal Area (Takutai Moana) Act 2011customary marine title group has the meaning given in section 9(1) of theMarine and Coastal Area (Takutai Moana) Act 2011customary marine title order has the meaning given in section 9(1) of theMarine and Coastal Area (Takutai Moana) Act 2011designation has the meaning set out in section 166determination has the same meaning as in section 2(1) of the Fisheries Act1996development capacity has the meaning given in section 30(5)Director of Maritime New Zealand or Director means the person for the timebeing holding the office of Director of Maritime New Zealand under section439 of the Maritime Transport Act 1994discharge includes emit, deposit, and allow to escapedischarge permit has the meaning set out in section 87(e)discretionary activity means an activity described in section 87A(4)district, in relation to a territorial authority,(a) means the district of the territorial authority as defined in accordance

with the Local Government Act 2002 but, except as provided in para-graph (b), does not include any area in the coastal marine area:

(b) includes, for the purposes of section 89, any area in the coastal marinearea

district plan has the meaning given in section 43AAdistrict rule has the meaning given in section 43AABdumping means,(a) in relation to waste or other matter, its deliberate disposal; and(b) in relation to a ship, an aircraft, or an offshore installation, its deliberate

disposal or abandonment;but does not include the disposal of waste or other matter incidental to, orderived from, the normal operations of a ship, aircraft, or offshore installation,if those operations are prescribed as the normal operations of a ship, aircraft, oroffshore installation, or if the purpose of those operations does not include thedisposal, or the treatment or transportation for disposal, of that waste or othermatter; and to dump and dumped have corresponding meaningsdwellinghouse means any building, whether permanent or temporary, that isoccupied, in whole or in part, as a residence; and includes any structure or out-door living area that is accessory to, and used wholly or principally for the pur-


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poses of, the residence; but does not include the land upon which the residenceis sitedemployee includes,(a) in relation to a Crown organisation, the chief executive or principal offi-

cer (however described) of the organisation; and(b) in relation to the New Zealand Defence Force, a member of the Armed

Forces (as defined in section 2(1) of the Defence Act 1990)enforcement officer means any person authorised under section 38enforcement order means an order made under section 319 for any of the pur-poses set out in section 314; and includes an interim enforcement order madeunder section 320environment includes(a) ecosystems and their constituent parts, including people and communi-

ties; and(b) all natural and physical resources; and(c) amenity values; and(d) the social, economic, aesthetic, and cultural conditions which affect the

matters stated in paragraphs (a) to (c) or which are affected by thosematters

Environment Court and court means the Environment Court referred to insection 247Environmental Protection Authority or EPA means the Environmental Pro-tection Authority established by section 7 of the Environmental ProtectionAuthority Act 2011esplanade reserve means a reserve within the meaning of the Reserves Act1977(a) which is either

(i) a local purpose reserve within the meaning of section 23 of thatAct, if vested in the territorial authority under section 239; or

(ii) a reserve vested in the Crown or a regional council under section237D; and

(b) which is vested in the territorial authority, regional council, or the Crownfor a purpose or purposes set out in section 229

esplanade strip means a strip of land created by the registration of an instru-ment in accordance with section 232 for a purpose or purposes set out in sec-tion 229excessive noise has the meaning set out in section 326existing use certificate means a certificate issued under section 139A


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exploration has the same meaning as in the Crown Minerals Act 1991fast-track application has the meaning given in section 87AACfish has the same meaning as in section 2(1) of the Fisheries Act 1996fisheries resources has the same meaning as in section 2(1) of the FisheriesAct 1996fishing has the same meaning as in section 2(1) of the Fisheries Act 1996foreshore means any land covered and uncovered by the flow and ebb of thetide at mean spring tides and, in relation to any such land that forms part of thebed of a river, does not include any area that is not part of the coastal marineareafresh water means all water except coastal water and geothermal watergeothermal energy means energy derived or derivable from and producedwithin the earth by natural heat phenomena; and includes all geothermal watergeothermal water means water heated within the earth by natural phenomenato a temperature of 30 degrees Celsius or more; and includes all steam, water,and water vapour, and every mixture of all or any of them that has been heatedby natural phenomenagreenhouse gas has the meaning given to it in section 4(1) of the ClimateChange Response Act 2002harmful substance means any substance prescribed by regulations as a harm-ful substance for the purposes of this definitionharvestable spat has the same meaning as in section 2(1) of the Fisheries Act1996hazardous substance includes, but is not limited to, any substance defined insection 2 of the Hazardous Substances and New Organisms Act 1996 as a haz-ardous substanceheritage order has the meaning set out in section 187heritage protection authority has the meaning set out in section 187historic heritage(a) means those natural and physical resources that contribute to an under-

standing and appreciation of New Zealands history and cultures, deriv-ing from any of the following qualities:(i) archaeological:(ii) architectural:(iii) cultural:(iv) historic:(v) scientific:(vi) technological; and


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(b) includes(i) historic sites, structures, places, and areas; and(ii) archaeological sites; and(iii) sites of significance to Mori, including whi tapu; and(iv) surroundings associated with the natural and physical resources

incineration, in relation to waste or other matter, means its deliberate combus-tion for the purpose of its thermal destruction; and to incinerate and inciner-ated have corresponding meaningsindustrial or trade premises means(a) any premises used for any industrial or trade purposes; or(b) any premises used for the storage, transfer, treatment, or disposal of

waste materials or for other waste-management purposes, or used forcomposting organic materials; or

(c) any other premises from which a contaminant is discharged in connec-tion with any industrial or trade process;

but does not include any production landindustrial or trade process includes every part of a process from the receipt ofraw material to the dispatch or use in another process or disposal of any prod-uct or waste material, and any intervening storage of the raw material, partlyprocessed matter, or productinfrastructure means(a) pipelines that distribute or transmit natural or manufactured gas, petrol-

eum, biofuel, or geothermal energy:(b) a network for the purpose of telecommunication as defined in section 5

of the Telecommunications Act 2001:(c) a network for the purpose of radiocommunication as defined in section

2(1) of the Radiocommunications Act 1989:(d) facilities for the generation of electricity, lines used or intended to be

used to convey electricity, and support structures for lines used or inten-ded to be used to convey electricity, excluding facilities, lines, and sup-port structures if a person(i) uses them in connection with the generation of electricity for the

persons use; and(ii) does not use them to generate any electricity for supply to any

other person:(e) a water supply distribution system, including a system for irrigation:(f) a drainage or sewerage system:


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(g) structures for transport on land by cycleways, rail, roads, walkways, orany other means:

(h) facilities for the loading or unloading of cargo or passengers transportedon land by any means:

(i) an airport as defined in section 2 of the Airport Authorities Act 1966:(j) a navigation installation as defined in section 2 of the Civil Aviation Act

1990:(k) facilities for the loading or unloading of cargo or passengers carried by

sea, including a port related commercial undertaking as defined in sec-tion 2(1) of the Port Companies Act 1988:

(l) anything described as a network utility operation in regulations made forthe purposes of the definition of network utility operator in section 166

infringed boundary, in relation to a boundary activity, has the meaning givenin section 87AABinterim enforcement order means an order made under section 320internal waters has the same meaning as in section 4 of the Territorial Sea,Contiguous Zone, and Exclusive Economic Zone Act 1977intrinsic values, in relation to ecosystems, means those aspects of ecosystemsand their constituent parts which have value in their own right, including(a) their biological and genetic diversity; and(b) the essential characteristics that determine an ecosystems integrity,

form, functioning, and resilienceiwi authority means the authority which represents an iwi and which is recog-nised by that iwi as having authority to do soiwi participation legislation has the meaning given in section 58Ljoint management agreement means an agreement that(a) is made by a local authority with 1 or more

(i) public authorities, as defined in paragraph (b) of the definition ofpublic authority:

(ii) iwi authorities or groups that represent hapu; and(b) provides for the parties to the joint management agreement jointly to

perform or exercise any of the local authoritys functions, powers, orduties under this Act relating to a natural or physical resource; and

(c) specifies the functions, powers, or duties; and(d) specifies the natural or physical resource; and(e) specifies whether the natural or physical resource is in the whole of the

region or district or part of the region or district; and


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(f) may require the parties to the joint management agreement to perform orexercise a specified function, power, or duty together; and

(g) if paragraph (f) applies, specifies how the parties to the joint manage-ment agreement are to make decisions; and

(h) may specify any other terms or conditions relevant to the performance orexercise of the functions, powers, or duties, including but not limited toterms or conditions for liability and funding

kaitiakitanga means the exercise of guardianship by the tangata whenua of anarea in accordance with tikanga Maori in relation to natural and physicalresources; and includes the ethic of stewardshiplake means a body of fresh water which is entirely or nearly surrounded bylandland(a) includes land covered by water and the airspace above land; and(b) in a national environmental standard dealing with a regional council

function under section 30 or a regional rule, does not include the bed ofa lake or river; and

(c) in a national environmental standard dealing with a territorial authorityfunction under section 31 or a district rule, includes the surface of waterin a lake or river

land use consent has the meaning set out in section 87(a)lawyer has the meaning given to it by section 6 of the Lawyers and Convey-ancers Act 2006local authority means a regional council or territorial authoritylocal board has the same meaning as in section 5(1) of the Local GovernmentAct 2002maataitai means food resources from the sea and mahinga maataitai meansthe areas from which these resources are gatheredMana Whakahono a Rohe means an iwi participation arrangement enteredinto under subpart 2 of Part 5mana whenua means customary authority exercised by an iwi or hapu in anidentified areamarine and coastal area has the meaning given in section 9(1) of the Marineand Coastal Area (Takutai Moana) Act 2011marine incineration facility has the same meaning as in section 257 of theMaritime Transport Act 1994Maritime New Zealand means the authority continued by section 429 of theMaritime Transport Act 1994


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master in relation to any ship, has the same meaning as in section 2(1) of theMaritime Transport Act 1994mineral has the same meaning as in section 2(1) of the Crown Minerals Act1991mining has the same meaning as in the Crown Minerals Act 1991Minister means the Minister for the EnvironmentMinister of Aquaculture means the Minister who, under the authority of anywarrant or under the authority of the Prime Minister, has overall responsibilityfor aquacultureMinister of Fisheries has the same meaning as Minister in the Fisheries Act1996mouth, for the purpose of defining the landward boundary of the coastal mar-ine area, means the mouth of the river either(a) as agreed and set between the Minister of Conservation, the regional

council, and the appropriate territorial authority in the period betweenconsultation on, and notification of, the proposed regional coastal plan;or

(b) as declared by the Environment Court under section 310 upon applica-tion made by the Minister of Conservation, the regional council, or theterritorial authority prior to the plan becoming operative,

and once so agreed and set or declared shall not be changed in accordance withSchedule 1 or otherwise varied, altered, questioned, or reviewed in any wayuntil the next review of the regional coastal plan, unless the Minister of Con-servation, the regional council, and the appropriate territorial authority agreenational environmental standard means a standard prescribed by regulationsmade under section 43national planning standard means any of the national planning standardsapproved under section 58Enational policy statement means a statement issued under section 52natural and physical resources includes land, water, air, soil, minerals, andenergy, all forms of plants and animals (whether native to New Zealand orintroduced), and all structuresnatural hazard means any atmospheric or earth or water related occurrence(including earthquake, tsunami, erosion, volcanic and geothermal activity,landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the actionof which adversely affects or may adversely affect human life, property, orother aspects of the environmentnetwork utility operator has the meaning set out in section 166New Zealand coastal policy statement means a statement issued under sec-tion 57


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