New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 8 December 2009
| Public Act | 1991 No 69 |
| Date of assent | 22 July 1991 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry for the Environment.
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
15C Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
Recognised customary activities
Effect of certain changes to plans
[Repealed]
Certain existing lawful activities allowed
Functions, powers, and duties of Ministers
Functions, powers, and duties of local authorities
Duties of local authorities and applicants
36A No duty under this Act to consult about resource consent applications and notices of requirement
Powers and duties of local authorities and other public authorities
Waivers and extension of time limits
Powers and duties in relation to hearings
National environmental standards
New Zealand coastal policy statements
68A Aquaculture activities [Repealed]
Rules relating to discharge of greenhouse gases
71 Rules about esplanade reserves on reclamation [Repealed]
Additional provisions for regional rules and district rules
77C Certain activities to be treated as discretionary activities or prohibited activities [Repealed]
77D Rules specifying activities for which consent applications must be notified or are precluded from being notified
78A Combined regional and district documents [Repealed]
Plan must not allow activity that prevents recognised customary activities
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
Streamlining decision-making on resource consents
Application for resource consent
88D Excluded time periods relating to direct referral (for resource consents and also for notices of requirement)
89 Applications to territorial authorities for resource consents where land is in coastal marine area
[Repealed]
Public notification and limited notification of applications
Pre-hearing meetings and mediation
Decisions on applications relating to discharge of greenhouse gases
107C Circumstances when written approval for resource consent required from holder of customary rights order
Decisions on applications relating to non-aquaculture activities
118 Recommendation of hearing committee [Repealed]
Review of consent conditions by consent authority
Certificates of compliance or existing use
Decisions on proposals of national significance
[Repealed]
141A Minister's power to intervene [Repealed]
141B Minister's power to call in matters that are or are part of proposals of national significance [Repealed]
141C Form and effect of Minister's direction [Repealed]
Matter lodged with local authority
General provisions for matter lodged with local authority or EPA
How matter processed if direction made to refer matter to board of inquiry or court
149D Minister may instruct EPA to delay giving public notice pending application for additional consents
Matter decided by board of inquiry
149O Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
Matter decided by Environment Court
Process after decision of board of inquiry or court on certain matters
149W Local authority to implement decision of board or court about proposed regional plan or change or variation
Minister makes direction to refer matter to local authority
Minister's powers to intervene in matter
Process if related matter already subject to direction to refer to board of inquiry or court
Costs of processes under this Part
150 Residual powers of authorities [Repealed]
150AA Reference to Environment Court [Repealed]
150E Transitional provision [Repealed]
Certain coastal permits continued
165BC Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan
Aquaculture management areas and occupation of coastal marine area
Allocation of space in coastal marine area
165J Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing
Allocation by offer of authorisations
165X Aquaculture management areas may not be established in excluded areas as result of requests for changes
165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities
169 Further information, notification, submissions, and hearing for notice of requirement to territorial authority
183 Review of designation which has not lapsed [Repealed]
190 Further information, notification, submissions, and hearing for notice of requirement to territorial authority
Streamlining decision-making on designations and heritage orders
Approval and deposit of survey plans
237A Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
Conditions as to amalgamation of land
Company leases and cross leases
[Repealed]
244 Company leases and cross leases [Repealed]
Environment Judges and alternate Environment Judges
Environment Commissioners and Deputy Environment Commissioners
Removal and resignation of members
Miscellaneous provisions relating to court
Conferences and additional dispute resolution
271A Submitter may be party to proceedings [Repealed]
284A Security for costs [Repealed]
Appeals, inquiries, and other proceedings before Environment Court
289 Reply to appeal or request for inquiry [Repealed]
Court's powers in regard to plans and policy statements
Decisions of Environment Court
Appeals from Environment Court decisions
339C Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
343 Discharges from ships [Repealed]
Part 13
Hazards Control Commission
[Repealed]
344 Interpretation [Repealed]
345 Purpose and principles [Repealed]
346 Establishment of Commission [Repealed]
347 Functions of Commission [Repealed]
348 Membership of Commission [Repealed]
349 Compliance with policy directions [Repealed]
351 Regulations [Repealed]
Transitional regional coastal plans
Provisions relating to all plans
Transitional notices, directions, etc
Transitional resource consents
392 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired]
394 Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed]
396A Notification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed]
398 Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed]
412 Expiry of certain sections [Repealed]
Current mining privileges relating to water
Schedule 1AA
Incorporation of documents by reference in national environmental standards, national policy statements, and New Zealand coastal policy statements
An Act to restate and reform the law relating to the use of land, air, and water
(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 October 1991.
(3) [Repealed]
Section 1(3): repealed, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).
(1) In this Act, unless the context otherwise requires,—
abatement notice means a notice served under section 322
access rights has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
access strip means a strip of land created by the registration of an easement in accordance with section 237B for the purpose of allowing public access to or along any river, or lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act)
accredited means to hold a qualification approved and notified under section 39A
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 12
adverse 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 12
agent 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 ship
aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth
airport means any defined area of land or water intended or designed to be used, whether wholly or partly, for the landing, departure, movement, or servicing of aircraft
allotment has the meaning set out in section 218
amenity values means those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes
applicant,—
(a) in sections 37A, 40, 41B, 41C, and 42A means—
(i) for the purposes of a review of consent conditions, the consent holder; or
(ii) for any matter described in section 39(1) except for section 39(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 141
aquaculture activities—
(a) means the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic 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 occupation of a coastal marine area; but
(c) does not include an activity specified in paragraph (a) if the fish, aquatic life, 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
aquaculture management area—
(a) means an area established as an aquaculture management area in accordance with section 165AB; and
(b) includes part of an aquaculture management area
aquatic life has the same meaning as in section 2(1) of the Fisheries Act 1996
bed means,—
(a) in relation to any river—
(i) for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks:
(ii) in all other cases, the space of land which the waters of the river cover 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 subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin:
(ii) in all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and
(c) in relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and
(d) in relation to the sea, the submarine areas covered by the internal waters and the territorial sea
benefits and costs includes benefits and costs of any kind, whether monetary or non-monetary
best practicable option, in relation to a discharge of a contaminant or an emission of noise, means the best method for preventing or minimising the adverse effects on the environment having regard, among other things, to—
(a) the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and
(b) the financial implications, and the effects on the environment, of that option when compared with other options; and
(c) the current state of technical knowledge and the likelihood that the option can be successfully applied
biological diversity means the variability among living organisms, and the ecological complexes of which they are a part, including diversity within species, between species, and of ecosystems
board, in relation to a foreshore and seabed reserve, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
certificate of compliance means a certificate granted by a consent authority or the Environmental Protection Authority under section 139
change has the meaning given in section 43AA
climate change means a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods
coastal marine area means the foreshore, seabed, and coastal water, and the air 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 that point 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 5
coastal permit has the meaning set out in section 87(c)
coastal water means seawater within the outer limits of the territorial sea and includes—
(a) seawater with a substantial fresh water component; and
(b) seawater in estuaries, fiords, inlets, harbours, or embayments
commercial fishing has the same meaning as in section 2(1) of the Fisheries Act 1996
company lease means a lease or licence or other right of occupation of any building 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 company,—
and includes a licence within the meaning of section 121A of the Land Transfer Act 1952
completion certificate means a certificate issued under section 222
conditions, in relation to plans and resource consents, includes terms, standards, restrictions, and prohibitions
consent authority means a regional council, a territorial authority, or a local authority that is both a regional council and a territorial authority, whose permission is required to carry out an activity for which a resource consent is required under this Act
consent notice means a notice issued under section 221
constable has the meaning given in section 4 of the Policing Act 2008
contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either 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 air onto or into which it is discharged
contaminated land means land that has a hazardous substance in or on it that—
(a) has significant adverse effects on the environment; or
(b) is reasonably likely to have significant adverse effects on the environment
contravene includes fail to comply with
controlled 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 be erected 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
Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002
customary rights order has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
designation has the meaning set out in section 166
determination has the same meaning as in section 2(1) of the Fisheries Act 1996
Director of Maritime New Zealand or Director means the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994
discharge includes emit, deposit, and allow to escape
discharge 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 paragraph (b), does not include any area in the coastal marine area:
(b) includes, for the purposes of section 89, any area in the coastal marine area
district plan has the meaning given in section 43AA
district rule has the meaning given in section 43AAB
dumping 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, or derived from, the normal operations of a ship, aircraft, or offshore installation, if those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation, or if the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter; and to dump and dumped have corresponding meanings
dwellinghouse means any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but does not include the land upon which the residence is sited
employee includes,—
(a) in relation to a Crown organisation, the chief executive or principal officer (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 38
enforcement order means an order made under section 319 for any of the purposes set out in section 314; and includes an interim enforcement order made under section 320
environment includes—
(a) ecosystems and their constituent parts, including people and communities; 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 those matters
Environment Court and court means the Environment Court referred to in section 247
Environmental Protection Authority or EPA means the Environmental Protection Authority established under section 42B
esplanade reserve means a reserve within the meaning of the Reserves Act 1977—
(a) which is either—
(i) a local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 239; or
(ii) a reserve vested in the Crown or a regional council under section 237D; and
(b) which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in section 229
esplanade strip means a strip of land created by the registration of an instrument in accordance with section 232 for a purpose or purposes set out in section 229
excessive noise has the meaning set out in section 326
existing use certificate means a certificate issued under section 139A
exploration has the same meaning as in the Crown Minerals Act 1991
fish has the same meaning as in section 2(1) of the Fisheries Act 1996
fisheries resources has the same meaning as in section 2(1) of the Fisheries Act 1996
fishing has the same meaning as in section 2(1) of the Fisheries Act 1996
foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area
foreshore and seabed reserve has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
fresh water means all water except coastal water and geothermal water
geothermal energy means energy derived or derivable from and produced within the earth by natural heat phenomena; and includes all geothermal water
geothermal water means water heated within the earth by natural phenomena to 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 heated by natural phenomena
greenhouse gas has the meaning given to it in section 4(1) of the Climate Change Response Act 2002
harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition
harvestable spat has the same meaning as in section 2(1) of the Fisheries Act 1996
hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance
heritage order has the meaning set out in section 187
heritage protection authority has the meaning set out in section 187
historic heritage—
(a) means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities:
(i) archaeological:
(ii) architectural:
(iii) cultural:
(iv) historic:
(v) scientific:
(vi) technological; and
(b) includes—
(i) historic sites, structures, places, and areas; and
(ii) archaeological sites; and
(iii) sites of significance to Māori, including wāhi tapu; and
(iv) surroundings associated with the natural and physical resources
holder, in relation to a customary rights order, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
incineration, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction; and to incinerate and incinerated have corresponding meanings
industrial 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 for composting organic materials; or
(c) any other premises from which a contaminant is discharged in connection with any industrial or trade process—
but does not include any production land
industrial or trade process includes every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material, and any intervening storage of the raw material, partly processed matter, or product
infrastructure, in section 30, means—
(a) pipelines that distribute or transmit natural or manufactured gas, petroleum, 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 intended to be used to convey electricity, excluding facilities, lines, and support structures if a person—
(i) uses them in connection with the generation of electricity for the person's 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:
(g) structures for transport on land by cycleways, rail, roads, walkways, or any other means:
(h) facilities for the loading or unloading of cargo or passengers transported on 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 section 2(1) of the Port Companies Act 1988:
(l) anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166
interim enforcement order means an order made under section 320
internal waters has the same meaning as in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
intrinsic values, in relation to ecosystems, means those aspects of ecosystems and 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 ecosystem's integrity, form, functioning, and resilience
iwi authority means the authority which represents an iwi and which is recognised by that iwi as having authority to do so
joint 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 of public 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 authority's functions, powers, or duties 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
(f) may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and
(g) if paragraph (f) applies, specifies how the parties to the joint management agreement are to make decisions; and
(h) may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding
kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship
lake means a body of fresh water which is entirely or nearly surrounded by land
land—
(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 of a lake or river; and
(c) in a national environmental standard dealing with a territorial authority function under section 31 or a district rule, includes the surface of water in a lake or river
land use consent has the meaning set out in section 87(a)
local authority means a regional council or territorial authority
maataitai means food resources from the sea and mahinga maataitai means the areas from which these resources are gathered
mana whenua means customary authority exercised by an iwi or hapu in an identified area
management plan, in relation to a foreshore and seabed reserve, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
marine incineration facility has the same meaning as in section 257 of the Maritime Transport Act 1994
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
master in relation to any ship, has the same meaning as in section 2(1) of the Maritime Transport Act 1994
mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991
mining has the same meaning as in the Crown Minerals Act 1991
Minister means the Minister for the Environment
mouth, for the purpose of defining the landward boundary of the coastal marine 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 between consultation on, and notification of, the proposed regional coastal plan; or
(b) as declared by the Environment Court under section 310 upon application made by the Minister of Conservation, the regional council, or the territorial authority prior to the plan becoming operative,—
and once so agreed and set or declared shall not be changed in accordance with Schedule 1 or otherwise varied, altered, questioned, or reviewed in any way until the next review of the regional coastal plan, unless the Minister of Conservation, the regional council, and the appropriate territorial authority agree
national environmental standard means a standard prescribed by regulations made under section 43
national policy statement means a statement issued under section 52
natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures
natural 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 action of which adversely affects or may adversely affect human life, property, or other aspects of the environment
network utility operator has the meaning set out in section 166
New Zealand coastal policy statement means a statement issued under section 57
noise includes vibration
non-complying activity means an activity described in section 87A(5)
notice of decision means—
(a) a copy of a decision on—
(i) an application for a resource consent; or
(ii) a requirement for a designation; or
(iii) a provision of a policy statement or plan; or
(b) a notice summarising a decision under paragraph (a)
occupier means—
(a) the inhabitant occupier of any property; and
(b) [Repealed]
(c) for the purposes of section 16, in relation to any land (including any premises and any coastal marine area), includes any agent, employee, or other person acting or apparently acting in the general management or control of the land, or any plant or machinery on that land
occupy means the activity of occupying any part of the coastal marine area—
(a) where the occupation is reasonably necessary for another activity; and
(b) where it is to the exclusion of all or any class of persons who are not expressly allowed to occupy that part of the coastal marine area by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent; and
(c) for a period of time and in a way that, but for a rule in the regional coastal plan and in any relevant proposed regional coastal plan or the holding of a resource consent under this Act, a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense
offshore installation has the same meaning as in section 222(1) of the Maritime Transport Act 1994
oil transfer site has the same meaning as in section 281 of the Maritime Transport Act 1994
on-scene commander has the same meaning as in section 281 of the Maritime Transport Act 1994
open coastal water means coastal water that is remote from estuaries, fiords, inlets, harbours, and embayments
operative has the meaning given in section 43AA
owner,—
(a) in relation to any land, means the person who is for the time being entitled to the rack rent of the land or who would be so entitled if the land were let to a tenant at a rack rent; and includes—
(i) the owner of the fee simple of the land; and
(ii) any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and
(b) in relation to any ship or offshore installation or oil transfer site, has the same meaning as in section 222(2) of the Maritime Transport Act 1994
permitted activity means an activity described in section 87A(1)
person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate
plan has the meaning given in section 43AA
policy statement has the meaning given in section 43AA
prescribed means prescribed by regulations made under this Act
prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require
private road has the same meaning as in section 315 of the Local Government Act 1974
private way has the same meaning as in section 315 of the Local Government Act 1974
production land—
(a) means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products):
(b) does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals,—
and production has a corresponding meaning
prohibited activity means an activity described in section 87A(6)
proposed plan has the meaning given in section 43AAC
proposed policy statement has the meaning given in section 43AA
prospecting has the same meaning as in the Crown Minerals Act 1991
public authority,—
(a) in section 33, has the meaning given to it by section 33(2); and
(b) in section 36B and the definition of joint management agreement, means—
(i) a local authority; and
(ii) a statutory body; and
(iii) the Crown
public foreshore and seabed has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
public notice—
(a) means a notice published in a newspaper circulating in the entire area likely to be affected by the proposal to which the notice relates; and
(b) if a local authority also publishes a notice on an Internet site to which the public have free access, includes that notice
public work has the same meaning as in the Public Works Act 1981, and includes any existing or proposed public reserve within the meaning of the Reserves Act 1977 and any national park purposes under the National Parks Act 1980
raft means any moored floating platform which is not self-propelled; and includes platforms that provide buoyancy support for the surfaces on which fish or marine vegetation are cultivated or for any cage or other device used to contain or restrain fish or marine vegetation; but does not include booms situated on lakes subject to artificial control which have been installed to ensure the safe operation of electricity generating facilities
recognised customary activity is an activity, use, or practice carried on, exercised, or followed under a customary rights order
region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002
regional coastal plan has the meaning given in section 43AA
regional council—
(a) has the same meaning as in section 5 of the Local Government Act 2002; and
(b) includes a unitary authority within the meaning of that Act
regional plan has the meaning given in section 43AA
regional policy statement has the meaning given in section 43AA
regional rule has the meaning given in section 43AAB
regulations means regulations made under this Act
renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources
requiring authority has the meaning set out in section 166
reservation has the same meaning as in section 2(1) of the Fisheries Act 1996
resource consent has the meaning set out in section 87; and includes all conditions to which the consent is subject
restricted coastal activity means any discretionary activity or non-complying activity that, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity
restricted discretionary activity means an activity described in section 87A(3)
river means a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal)
road has the same meaning as in section 315 of the Local Government Act 1974; and includes a motorway as defined in section 2(1) of the Government Roading Powers Act 1989
rule has the meaning given in section 43AA
seaweed has the same meaning as in section 2(1) of the Fisheries Act 1996
serve means serve in accordance with section 352 or section 353
ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994
soil conservation means avoiding, remedying, or mitigating soil erosion and maintaining the physical, chemical, and biological qualities of soil
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water
special tribunal means a special tribunal appointed under section 202 to hear an application for a water conservation order
State highway has the same meaning as in section 2(1) of the Government Roading Powers Act 1989
structure means any building, equipment, device, or other facility made by people and which is fixed to land; and includes any raft
subdivision consent has the meaning set out in section 87(b)
subdivision of land and subdivide land have the meanings set out in section 218
submission means a written or electronic submission
survey plan has the meaning set out in the following paragraphs, in which cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002:
(a) survey plan means—
(i) a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 1952; and
(ii) a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952:
(b) survey plan includes—
(i) a unit plan; and
(ii) a cadastral survey dataset to give effect to the grant of a cross lease or company lease
tangata whenua, in relation to a particular area, means the iwi, or hapu, that holds mana whenua over that area
taonga raranga means plants which produce material highly prized for use in weaving
tauranga waka means canoe landing sites
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
tikanga Maori means Maori customary values and practices
Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975
unit has the same meaning as in section 2 of the Unit Titles Act 1972; and includes a future development unit as defined in section 2 of the Unit Titles Amendment Act 1979
unit plan has the same meaning as in section 2 of the Unit Titles Act 1972; and includes a proposed unit development plan within the meaning of that Act but does not include a stage unit plan or a complete unit plan within the meaning of that Act
use,—
(a) in sections 9, 10, 10A, 10B, 81(2), 176(1)(b)(i), and 193(a), means—
(i) alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:
(ii) drill, excavate, or tunnel land or disturb land in a similar way:
(iii) damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
(iv) deposit a substance in, on, or under land:
(v) any other use of land; and
(b) in sections 9, 10A, 81(2), 176(1)(b)(i), and 193(a), also means to enter onto or pass across the surface of water in a lake or river
variation has the meaning given in section 43AA
waste or other matter means materials and substances of any kind, form, or description
water—
(a) means water in all its physical forms whether flowing or not and whether over or under the ground:
(b) includes fresh water, coastal water, and geothermal water:
(c) does not include water in any form while in any pipe, tank, or cistern
water body means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area
water conservation order has the meaning set out in section 200
water permit has the meaning set out in section 87(d)
wetland includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions
working day means any day except—
(a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(b) a day in the period beginning on 20 December in any year and ending with 10 January in the following year.
(2) In this Act, unless the context otherwise requires,—
(a) a reference to a Part, section, or schedule, is a reference to a Part, section, or schedule of this Act:
(b) a reference in a section to a subsection is a reference to a subsection of that section:
(c) a reference in a subsection to a paragraph is a reference to a paragraph of that subsection:
(d) a reference in a section to a paragraph is a reference to a paragraph of that section:
(e) a reference in a schedule to a clause is a reference to a clause of that schedule:
(f) a reference in a clause of a schedule to a subclause is a reference to a subclause of that clause:
(g) a reference in a subclause in a schedule to a paragraph is a reference to a paragraph of that subclause:
(h) a reference in a clause in a schedule to a paragraph is a reference to a paragraph of that clause.
Section 2(1) access rights: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) access strip: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) accredited: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 2(1) adverse effects assessment: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) adverse effects report: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) agent or agent of the ship: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) aircraft: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) airport: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) amendment: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) applicant: substituted, on 1 October 2009, by section 4(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) aquaculture activities: substituted, on 1 January 2005, by section 4(2) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) aquaculture management area: substituted, on 28 September 2008, by section 4 of the Resource Management Amendment Act 2008 (2008 No 95).
Section 2(1) aquatic life: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) bed: substituted, on 7 July 1993, by section 2(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) benefits and costs: inserted, on 7 July 1993, by section 2(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) biological diversity: inserted, on 1 August 2003, by section 3(1) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) board: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) board of inquiry: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) certificate of compliance: amended, on 1 October 2009, by section 4(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) change: substituted, on 1 October 2009, by section 4(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) climate change: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).
Section 2(1) coastal marine area: amended, on 7 July 1993, by section 2(6) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) commercial fishing: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) company lease: amended, on 1 July 1994, by section 4 of the Land Transfer Amendment Act 1993 (1993 No 124).
Section 2(1) consent authority: substituted, on 7 July 1993, by section 2(7) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) consent authority: amended, on 1 October 2009, by section 4(7) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) constable: substituted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 2(1) contaminant: amended, on 1 August 2003, by section 3(3) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) contaminated land: substituted, on 1 October 2009, by section 4(8) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) controlled activity: substituted, on 1 August 2003, by section 3(4) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) controlled activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) costs and benefits: repealed, on 7 July 1993, by section 2(9) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) Crown organisation: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) customary rights order: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) declaration: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) determination: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) Director of Maritime New Zealand or Director: substituted, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) discretionary activity: substituted, on 1 August 2003, by section 3(5) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) discretionary activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) district: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) district plan: substituted, on 1 October 2009, by section 4(9) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) district rule: substituted, on 1 October 2009, by section 4(10) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) dumping: substituted, on 17 December 1997, by section 2(9) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 2(1) employee: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) Environment Court and court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) Environmental Protection Authority or EPA: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) esplanade reserve: substituted, on 7 July 1993, by section 2(11) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) esplanade strip: inserted, on 7 July 1993, by section 2(11) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) existing use certificate: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 2(1) exploration: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).
Section 2(1) fish: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) fisheries resources: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) fishing: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) foreshore and seabed reserve: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) Government road: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) greenhouse gas: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).
Section 2(1) harmful substance: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) harvestable spat: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) hazardous substance: inserted, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).
Section 2(1) historic heritage: inserted, on 1 August 2003, by section 3(7) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) holder: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) incineration: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) industrial or trade premises: amended, on 17 December 1997, by section 2(3) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 2(1) infrastructure: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 2(1) infrastructure paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 2(1) internal waters: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) joint management agreement: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 2(1) kaitiakitanga: substituted, on 17 December 1997, by section 2(4) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 2(1) lake: amended, on 7 July 1993, by section 2(12) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) land: substituted, on 1 October 2009, by section 4(11) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) management plan: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) marine farming: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) marine incineration facility: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) Maritime New Zealand: substituted, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) master: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) mineral: substituted, on 7 July 1993, by section 2(13) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) mining: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).
Section 2(1) mouth: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) national environmental standard: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 2(1) non-complying activity: substituted, on 1 August 2003, by section 3(8) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) non-complying activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) notice of decision: inserted, on 1 August 2003, by section 3(8) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) occupier paragraph (b): repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).
Section 2(1) occupy: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) offshore installation: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) oil transfer site: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) on-scene commander: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) operative: substituted, on 1 October 2009, by section 4(12) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) owner: substituted, on 1 February 1995, by section 2(1) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) permitted activity: substituted, on 1 August 2003, by section 3(9) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) permitted activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) plan: substituted, on 1 October 2009, by section 4(13) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) Planning Tribunal and Tribunal: repealed, on 17 December 1997, by section 2(6) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 2(1) policy statement: substituted, on 1 October 2009, by section 4(14) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) production land paragraph (b): amended, on 17 December 1997, by section 2(7) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 2(1) prohibited activity: substituted, on 1 August 2003, by section 3(10) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) prohibited activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) proposed plan: substituted, on 1 October 2009, by section 4(15) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) proposed policy statement: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) prospecting: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).
Section 2(1) public authority: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 2(1) public foreshore and seabed: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) public notice: substituted, on 1 October 2009, by section 4(16) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) raft: inserted, on 7 July 1993, by section 2(15) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) recognised customary activity: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) region: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) regional coastal plan: substituted, on 1 October 2009, by section 4(17) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) regional council: substituted, on 25 November 2004, by section 3(2) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
Section 2(1) regional plan: substituted, on 1 October 2009, by section 4(18) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) regional policy statement: substituted, on 1 October 2009, by section 4(19) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) regional road: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) regional rule: substituted, on 1 October 2009, by section 4(20) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) renewable energy: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).
Section 2(1) reservation: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) restricted coastal activity: substituted, on 1 October 2009, by section 4(21) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) restricted discretionary activity: inserted, on 1 August 2003, by section 3(13) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) restricted discretionary activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) river: substituted, on 7 July 1993, by section 2(16) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) road: amended, on 7 July 1993, by section 2(17) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) rule: substituted, on 1 October 2009, by section 4(22) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) seaweed: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) ship: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) soil conservation: inserted, on 1 August 2003, by section 3(14) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 2(1) space: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) spat: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) spat catching: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(2) State highway: amended, on 1 August 2008 , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) structure: amended, on 7 July 1993, by section 2(18) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) submission: substituted, on 1 October 2009, by section 4(23) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) survey plan: substituted, on 1 October 2009, by section 4(24) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) taking: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) territorial sea: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) use: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) variation: substituted, on 1 October 2009, by section 4(25) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 2(1) waste or other matter: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).
Section 2(1) working day: substituted, on 1 August 2003, by section 3(15) of the Resource Management Amendment Act 2003 (2003 No 23).
(1) The definitions in subsection (2) apply only in relation to—
(a) an application for a resource consent for an activity; or
(b) any of the following matters:
(i) a review of a resource consent:
(ii) an application to change or cancel a condition of a resource consent:
(iii) a notice of requirement for a designation or heritage order:
(iv) a notice of requirement to alter a designation or heritage order:
(v) an application or proposal to vary or cancel an instrument creating an esplanade strip:
(vi) a matter of creating an esplanade strip by agreement.
(2) In this Act, unless the context requires another meaning,—
affected order holder means the holder of a customary rights order who, under section 95F, is decided to be an affected order holder in relation to the application or matter
affected person means a person who, under section 95E, is decided to be an affected person in relation to the application or matter
limited notification means serving notice of the application or matter on any affected person or affected order holder within the time limit specified by section 95
notification means public notification or limited notification of the application or matter
public notification means doing the following within the time limit specified by section 95:
(a) giving public notice of the application or matter in the prescribed form; and
(b) serving notice of the application or matter on every prescribed person.
Section 2AA: inserted, on 1 October 2009, by section 5 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) In this Act, unless the context otherwise requires, any reference to a person, however described or referred to (including applicant and consent holder), includes the successor of that person.
(2) For the purposes of this Act, where the person is a body of persons which is unincorporate, the successor shall include a body of persons which is corporate and composed of substantially the same members.
Section 2A: inserted, on 2 September 1996, by section 3 of the Resource Management Amendment Act 1996 (1996 No 160).
In this Act, unless the context otherwise requires, the term effect includes—
(a) any positive or adverse effect; and
(b) any temporary or permanent effect; and
(c) any past, present, or future effect; and
(d) any cumulative effect which arises over time or in combination with other effects—
regardless of the scale, intensity, duration, or frequency of the effect, and also includes—
(e) any potential effect of high probability; and
(f) any potential effect of low probability which has a high potential impact.
Section 3: amended, on 7 July 1993, by section 3 of the Resource Management Amendment Act 1993 (1993 No 65).
Subject to section 134 and any specific conditions included in the resource consent, any reference in this Act to activities being allowed by a resource consent includes a reference to a person acting under a resource consent with the permission (including implied permission) of the consent holder as if the resource consent had been granted to that person as well as to the holder of the resource consent.
Section 3A: inserted, on 7 July 1993, by section 4 of the Resource Management Amendment Act 1993 (1993 No 65).
(1) This Act binds the Crown, except as provided in this section.
(2) This Act does not apply to any work or activity of the Crown which—
(a) is a use of land within the meaning of section 9; and
(b) the Minister of Defence certifies is necessary for reasons of national security.
(3) Section 9(3) does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—
(a) is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and
(b) does not have a significant adverse effect beyond the boundary of the area of land.
(3A) Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.
(4) [Repealed]
(5) An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—
(a) it is a Crown organisation; and
(b) the notice or direction is served or issued against the Crown organisation in its own name.
(6) An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—
(a) it is a Crown organisation; and
(b) a local authority applies for the order; and
(c) the order is made against the Crown organisation in its own name.
(7) Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.
(8) An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—
(a) it is liable to be proceeded against for the alleged offence under subsection (9); and
(b) the notice is served against the Crown organisation in its own name.
(9) An instrument of the Crown may be prosecuted for an offence against this Act only if—
(a) it is a Crown organisation; and
(b) the offence is alleged to have been committed by the Crown organisation; and
(c) the proceedings are commenced—
(i) by a local authority or an enforcement officer; and
(ii) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
(iii) in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(10) However, subsections (8) and (9) are subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).
(11) If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—
(a) serving or issuing an abatement notice or excessive noise direction against it; and
(b) making an enforcement order against it; and
(c) serving an infringement notice on it; and
(d) enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.
(12) Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—
(a) be served or issued with an abatement notice or excessive noise direction; or
(b) have an enforcement order made against it; or
(c) be served with an infringement notice; or
(d) be prosecuted for an offence against this Act.
Section 4(1): substituted, on 1 October 2009, by section 6(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(3): substituted, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 4(3): amended, on 1 October 2009, by section 6(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(3A): inserted, on 8 December 2009, by section 5 of the Corrections (Use of Court Cells) Amendment Act 2009 (2009 No 60).
Section 4(4): repealed, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 4(5): substituted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(6): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(7): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(8): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(9): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(10): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(11): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 4(12): added, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Except as otherwise expressly provided in any regulations made under this Act, this Act does not apply to any of the following:
(a) warships of any State other than New Zealand:
(b) aircraft of the defence forces of any State other than New Zealand:
(c) any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes:
(d) the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c).
Section 4A: inserted, on 20 August 1998, by section 3 of the Resource Management Amendment Act 1994 (1994 No 105).
(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.
(2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—
(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
(c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:
(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:
(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:
(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:
(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:
(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:
(f) the protection of historic heritage from inappropriate subdivision, use, and development:
(g) the protection of recognised customary activities.
Section 6(f): added, on 1 August 2003, by section 4 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 6(g): added, on 17 January 2005, by section 4 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—
(a) kaitiakitanga:
(aa) the ethic of stewardship:
(b) the efficient use and development of natural and physical resources:
(ba) the efficiency of the end use of energy:
(c) the maintenance and enhancement of amenity values:
(d) intrinsic values of ecosystems:
(e) [Repealed]
(f) maintenance and enhancement of the quality of the environment:
(g) any finite characteristics of natural and physical resources:
(h) the protection of the habitat of trout and salmon:
(i) the effects of climate change:
(j) the benefits to be derived from the use and development of renewable energy.
Section 7(aa): inserted, on 17 December 1997, by section 3 of the Resource Management Amendment Act 1997 (1997 No 104).
Section 7(ba): inserted, on 2 March 2004, by section 5(1) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).
Section 7(e): repealed, on 1 August 2003, by section 5 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 7(i): added, on 2 March 2004, by section 5(2) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).
Section 7(j): added, on 2 March 2004, by section 5(2) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
(1) No person may use land in a manner that contravenes a national environmental standard unless the use—
(a) is expressly allowed by a resource consent; or
(b) is allowed by section 10; or
(c) is an activity allowed by section 10A; or
(d) is an activity allowed by section 20A.
(2) No person may use land in a manner that contravenes a regional rule unless the use—
(a) is expressly allowed by a resource consent; or
(b) is an activity allowed by section 20A.
(3) No person may use land in a manner that contravenes a district rule unless the use—
(a) is expressly allowed by a resource consent; or
(b) is allowed by section 10; or
(c) is an activity allowed by section 10A.
(4) No person may contravene section 176, 178, 193, or 194 unless the person obtains the prior written consent of the requiring authority or the heritage protection authority.
(5) This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority.
(6) This section does not apply to use of the coastal marine area.
Section 9: substituted, on 1 October 2009, by section 7 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if—
(a) either—
(i) the use was lawfully established before the rule became operative or the proposed plan was notified; and
(ii) the effects of the use are the same or similar in character, intensity, and scale to those which existed before the rule became operative or the proposed plan was notified:
(b) or—
(i) the use was lawfully established by way of a designation; and
(ii) the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed.
(2) Subject to sections 357 to 358, this section does not apply when a use of land that contravenes a rule in a district plan or a proposed district plan has been discontinued for a continuous period of more than 12 months after the rule in the plan became operative or the proposed plan was notified unless—
(a) an application has been made to the territorial authority within 2 years of the activity first being discontinued; and
(b) the territorial authority has granted an extension upon being satisfied that—
(i) the effect of the extension will not be contrary to the objectives and policies of the district plan; and
(ii) the applicant has obtained approval from every person who may be adversely affected by the granting of the extension, unless in the authority's opinion it is unreasonable in all the circumstances to require the obtaining of every such approval.
(3) This section does not apply if reconstruction or alteration of, or extension to, any building to which this section applies increases the degree to which the building fails to comply with any rule in a district plan or proposed district plan.
(4) For the avoidance of doubt, this section does not apply to any use of land that is—
(a) controlled under section 30(1)(c) (regional control of certain land uses); or
(b) restricted under section 12 (coastal marine area); or
(c) restricted under section 13 (certain river and lake bed controls).
(5) Nothing in this section limits section 20A (certain existing lawful activities allowed).
(6) [Repealed]
Section 10(1): substituted, on 7 July 1993, by section 7(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 10(2): amended, on 10 August 2005, by section 5 of the Resource Management Amendment Act 2005 (2005 No 87).
Section 10(2)(b)(i): amended, on 7 July 1993, by section 7(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 10(3): amended, on 7 July 1993, by section 7(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 10(5): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 10(6): repealed, on 1 October 2009, by section 8 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) In respect of the use of the surface of water in lakes and rivers where, as a result of a rule in a district plan becoming operative, or a rule in a proposed district plan taking legal effect in accordance with section 86B or 149N(8), an activity that formerly was a permitted activity or that otherwise could have been lawfully carried out without a resource consent requires consent, the activity may continue to be carried on after the rule in the plan becomes operative, or the rule in the proposed plan takes legal effect in accordance with section 86B or 149N(8), if—
(a) the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and
(b) the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and
(c) the person carrying on the activity applies for a resource consent from the appropriate consent authority within 6 months of the rule in the plan becoming operative.
(2) Any activity to which this section applies, and for which a resource consent has been applied for in accordance with subsection (1)(c), may continue to be carried on until the application has been decided and any appeals have been determined.
Section 10A: inserted, on 7 July 1993, by section 8 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 10A(1): amended, on 1 October 2009, by section 9(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1): amended, on 1 October 2009, by section 9(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1): amended, on 1 October 2009, by section 9(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1): amended, on 1 October 2009, by section 9(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1)(a): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1)(b): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use of a building (as defined in section 7 of the Building Act 2004) which is deemed to be lawfully established in accordance with subsection (2).
(2) Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—
(a) a building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 2004 for the building work or intended use of the building before the rule in a district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8); and
(b) the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.
(3) Subsection (2) shall not apply if—
(a) the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B or 149N(8)) in such a way that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or
(b) the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 of a code compliance certificate in respect of the building work shall not, for the purposes of this section, be deemed to have cancelled the building consent for that work; or
(c) a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 within 2 years after the rule in the district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8) or within such further period as the territorial authority may allow upon being satisfied that reasonable progress has been made towards completion of the building work within that 2-year period.
(4) Section 10(4) and (5) apply to this section.
Section 10B: inserted, on 2 September 1996, by section 4 of the Resource Management Amendment Act 1996 (1996 No 160).
Section 10B(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 10B(2)(a): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10B(2)(a): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 10B(3)(a): amended, on 1 October 2009, by section 10(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10B(3)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 10B(3)(c): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10B(3)(c): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 10B(4): substituted, on 1 October 2009, by section 10(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) No person may subdivide land, within the meaning of section 218, unless the subdivision is—
(a) both, first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent and, second, shown on one of the following:
(i) a survey plan, as defined in paragraph (a)(i) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or
(ii) a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan in section 2(1), approved as described in section 228 by the Chief Surveyor; or
(iii) a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or
(b) effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that, in the case of the disposition of land under the Public Works Act 1981, each existing separate parcel of land shall, unless otherwise provided by that Act, be disposed of without further division of that parcel of land); or
(c) effected by the establishment, change, or cancellation of a reserve under section 338 of Te Ture Whenua Maori Act 1993; or
(ca) effected by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act; or
(cb) effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 of the Reserves Act 1977) for the purposes (other than administrative purposes) of the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; or
(cc) effected by transfer or gift of any land to the New Zealand Historic Places Trust or the Queen Elizabeth the Second National Trust for the purposes of the Historic Places Act 1993 or the Queen Elizabeth the Second National Trust Act 1977; or
(d) effected by any transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land).
(2) Subsection (1) does not apply in respect of Maori land within the meaning of Te Ture Whenua Maori Act 1993 unless that Act otherwise provides.
Section 11(1)(a): substituted, on 1 October 2009, by section 11 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 11(1)(c): amended, on 7 July 1993, by section 9(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 11(1)(c): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
Section 11(1)(ca): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 11(1)(cb): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 11(1)(cc): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 11(1)(d): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 11(2): amended, on 7 July 1993, by section 9(4) of the Resource Management Amendment Act 1993 (1993 No 65).
(1) No person may, in the coastal marine area,—
(a) reclaim or drain any foreshore or seabed; or
(b) erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or
(c) disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or
(d) deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or
(e) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or
(f) introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed; or
(g) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage—
unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or a resource consent.
(2) No person may, in relation to land of the Crown in the coastal marine area, or land in the coastal marine area vested in the regional council,—
(a) occupy any part of the coastal marine area; or
(b) remove any sand, shingle, shell, or other natural material from the land—
unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or a resource consent.
(3) Without limiting subsection (1), no person may carry out any activity—
(a) in, on, under, or over any coastal marine area; or
(b) in relation to any natural and physical resources contained within any coastal marine area,—
in a manner that contravenes a national environmental standard, a rule in a regional coastal plan, or a rule in a proposed regional coastal plan for the same region (if there is one) unless the activity is expressly allowed by a resource consent or allowed by section 20A (certain existing lawful activities allowed).
(4) In this Act,—
(a) [Repealed]
(b) remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or in such circumstances that, but for the national environmental standard or the rule in the regional coastal plan or the holding of a resource consent, a licence or profit à prendre to do so would be necessary.
(5) This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council.
(6) This section shall not apply to anything to which section 15A or 15B applies.
Section 12(1): amended, on 1 October 2009, by section 12(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 12(1): amended, on 7 July 1993, by section 10(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 12(1): amended, on 7 July 1993, by section 10(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 12(1)(f): amended, on 1 August 2003, by section 6 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 12(1)(g): added, on 1 August 2003, by section 6 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 12(2): substituted, on 7 July 1993, by section 10(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 12(2): amended, on 1 October 2009, by section 12(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 12(2)(a): substituted, on 17 December 1997, by section 4(1) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 12(3): amended, on 1 October 2009, by section 12(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 12(3): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 12(4): amended, on 17 December 1997, by section 4(2) of the Resource Management Amendment Act 1997 (1997 No 104).
Section 12(4): amended, on 7 July 1993, by section 10(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 12(4)(a): repealed, on 1 January 2005, by section 5 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 12(4)(b): amended, on 1 October 2009, by section 12(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 12(4)(b): amended, on 7 July 1993, by section 10(5) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 12(5): substituted, on 1 October 2009, by section 12(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 12(6): added, on 20 August 1998, by section 4 of the Resource Management Amendment Act 1994 (1994 No 105).
Section 12(6): amended, on 20 August 1998, by section 4(4) of the Resource Management Amendment Act 1997 (1997 No 104).
(1) No person may occupy a coastal marine area for the purpose of an aquaculture activity—
(a) except in an aquaculture management area in a regional coastal plan; and
(b) if the coastal marine area is vested in the Crown or a regional council, unless expressly authorised by a coastal permit.
(1A) No person may apply for a coastal permit to occupy a coastal marine area for the purpose of an aquaculture activity except in an aquaculture management area in a regional coastal plan.
(2) In an aquaculture management area, any other activity requiring occupation may be undertaken only as—
(a) a restricted discretionary activity; or
(b) a discretionary activity; or
(c) a non-complying activity.
(3) [Repealed]
Section 12A: inserted, on 1 January 2005, by section 6 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 12A(1A): inserted, on 28 September 2008, by section 5(1) of the Resource Management Amendment Act 2008 (2008 No 95).
Section 12A(3): repealed, on 28 September 2008, by section 5(2) of the Resource Management Amendment Act 2008 (2008 No 95).
To avoid doubt, a coastal permit for aquaculture activities does not expire because the area or part of the area that the permit relates to subsequently ceases to be in an aquaculture management area.
Section 12B: inserted, on 1 January 2005, by section 6 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
(1) No person may, in relation to the bed of any lake or river,—
(a) use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or
(b) excavate, drill, tunnel, or otherwise disturb the bed; or
(c) introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or
(d) deposit any substance in, on, or under the bed; or
(e) reclaim or drain the bed—
unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.
(2) No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—
(a) is expressly allowed by a resource consent; or
(b) is an activity allowed by section 20A.
(2A) The activities are—
(a) to enter onto or pass across the bed of a lake or river:
(b) to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:
(c) to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:
(d) to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.
(3) This section does not apply to any use of land in the coastal marine area.
(4) Nothing in this section limits section 9.
Section 13 heading: amended, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 13(1): substituted, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 13(1): amended, on 1 October 2009, by section 13(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 13(2): substituted, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 13(2A): inserted, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity—
(a) is expressly allowed by a resource consent; or
(b) is an activity allowed by section 20A.
(2) No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3):
(a) water other than open coastal water; or
(b) heat or energy from water other than open coastal water; or
(c) heat or energy from the material surrounding geothermal water.
(3) A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if—
(a) the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent; or
(b) in the case of fresh water, the water, heat, or energy is required to be taken or used for—
(i) an individual's reasonable domestic needs; or
(ii) the reasonable needs of an individual's animals for drinking water,—
and the taking or use does not, or is not likely to, have an adverse effect on the environment; or
(c) in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or
(d) in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual's reasonable domestic or recreational needs and the taking, use, or diversion does not, or is not likely to, have an adverse effect on the environment; or
(e) the water is required to be taken or used for firefighting purposes.
Section 14(1): substituted, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 14(2): substituted, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 14(3): amended, on 1 October 2009, by section 14(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 14(3)(a): amended, on 1 October 2009, by section 14(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) No person may discharge any—
(a) contaminant or water into water; or
(b) contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or
(c) contaminant from any industrial or trade premises into air; or
(d) contaminant from any industrial or trade premises onto or into land—
unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.
(2) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge—
(a) is expressly allowed by other regulations; or
(b) is expressly allowed by a resource consent; or
(c) is an activity allowed by section 20A.
(2A) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge—
(a) is expressly allowed by a national environmental standard or other regulations; or
(b) is expressly allowed by a resource consent; or
(c) is an activity allowed by section 20A.
(3) This section shall not apply to anything to which section 15A or section 15B applies.
Section 15(1): amended, on 1 October 2009, by section 15(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 15(2): substituted, on 1 October 2009, by section 15(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 15(2A): inserted, on 1 October 2009, by section 15(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 15(3): added, on 20 August 1998, by section 5 of the Resource Management Amendment Act 1994 (1994 No 105).
(1) No person may, in the coastal marine area,—
(a) dump any waste or other matter from any ship, aircraft, or offshore installation; or
(b) incinerate any waste or other matter in any marine incineration facility—
unless the dumping or incineration is expressly allowed by a resource consent.
(2) No person may dump, in the coastal marine area, any ship, aircraft, or offshore installation unless expressly allowed to do so by a resource consent.
(3) Nothing in this section permits the dumping of radioactive waste or radioactive matter (to which section 15C applies) or any discharge of a harmful substance that would contravene section 15B.
Section 15A: inserted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1994 (1994 No 105).
(1) No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore installation into water, onto or into land, or into air, unless—
(a) the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or
(b) after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:
(i) the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
(ii) any conspicuous change of colour or visual clarity:
(iii) any emission of objectionable odour:
(iv) any significant adverse effects on aquatic life; or
(c) the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on the environment.
(2) No person may, in the coastal marine area, discharge water into water from any ship or offshore installation, unless—
(a) the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or
(b) after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.
(3) Where regulations are made under this Act permitting or controlling a discharge to which subsections (1) or (2) apply, no rule can be included in a regional coastal plan, proposed regional coastal plan, regional plan, or proposed regional plan, or a resource consent granted relating to that discharge unless the regulations provide otherwise; and regulations may be made prohibiting the making of rules or the granting of resource consents for discharges.
(4) No person may discharge a harmful substance or contaminant in reliance upon subsection (1)(b) or (c) or subsection (2)(b) if a regulation made under this Act, a rule, or a resource consent applies to that discharge; and regulations or rules may be made prohibiting a discharge which would otherwise be permitted in accordance with subsection (1)(b) or (c) or subsection (2)(b).
(5) A discharge authorised by subsection (1) or subsection (2), regulations made under this Act, a rule, or a resource consent may, despite section 7 of the Biosecurity Act 1993, be prohibited or controlled by that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.
Section 15B: substituted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1997 (1997 No 104).
(1) Notwithstanding anything to the contrary in this Act, no person may, in the coastal marine area,—
(a) dump from any ship, aircraft, or offshore installation any radioactive waste or other radioactive matter; or
(b) store any radioactive waste or other radioactive matter or toxic or hazardous waste on or in any land or water.
(2) In this section,—
radioactive waste or other radioactive matter has the same meaning as in section 257 of the Maritime Transport Act 1994
toxic or hazardous waste means any waste or other matter prescribed as toxic or hazardous waste by regulations.
Section 15C: inserted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1994 (1994 No 105).
(1) Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.
(2) A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B may prescribe noise emission standards, and is not limited in its ability to do so by subsection (1).
Section 16(1): amended, on 7 July 1993, by section 14 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 16(2): substituted, on 1 October 2009, by section 16 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—
(a) any of sections 10, 10A, 10B, and 20A; or
(b) a national environmental standard, a rule, a resource consent, or a designation.
(2) The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
(3) Notwithstanding subsection (2), an enforcement order or abatement notice may be made or served under Part 12 to—
(a) require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment; or
(b) require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by, or on behalf of, that person.
(4) Subsection (3) is subject to section 319(2) (which specifies when an Environment Court shall not make an enforcement order).
Section 17(1): substituted, on 1 October 2009, by section 17 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 17(3)(a): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 17(3)(b): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 17(4): added, on 7 July 1993, by section 15(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 17(4): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Heading: inserted, on 17 January 2005, by section 5 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
(1) A recognised customary activity may be carried out despite—
(a) sections 9 to 17; or
(b) a rule in a plan or a proposed plan.
(2) Subsection (1) applies to a recognised customary activity only if that activity is carried out—
(a) in accordance with any controls imposed by the Minister of Conservation under Schedule 12; and
(b) by any member of the whānau, hapū, or iwi or of the group, as the case may be, entitled to do so under section 52 or section 76 of the Foreshore and Seabed Act 2004; or
(c) by a person authorised by the holder of the customary rights order to carry out the activity under section 53(1)(a) or section 77(1)(a) of the Foreshore and Seabed Act 2004.
Section 17A: inserted, on 17 January 2005, by section 5 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
(1) For the purposes of any controls that may be imposed on a recognised customary activity under Part 1 of Schedule 12, a regional council must, if directed by the Minister of Conservation at any time, and may of its own initiative in the circumstances set out in clause 6(2) of Schedule 12,—
(a) carry out an adverse effects assessment of the effects on the environment of a recognised customary activity in its region; and
(b) complete, and give to the Minister an adverse effects report based on that assessment.
(2) Part 2 of Schedule 12 applies to the assessment carried out and to the report prepared under this section.
(3) In this section, regional council includes the Chatham Islands Council.
Section 17B: inserted, on 17 January 2005, by section 5 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
(1) Any person who is prosecuted under section 338 for an offence arising from any contravention of any of sections 9, 11, 12, 13, 14, 15, 15A, and 15B may raise any applicable defence that is referred to in section 341 or section 341A or section 341B.
(2) No person may be prosecuted for acting in accordance with section 330 (which relates to certain activities undertaken in an emergency).
Section 18(1): substituted, on 20 August 1998, by section 8 of the Resource Management Amendment Act 1994 (1994 No 105).
[Repealed]
Heading: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
[Repealed]
Section 19: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
[Repealed]
Section 20: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Heading: inserted, on 1 October 2009, by section 19 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) If, as a result of a rule in a proposed regional plan taking legal effect in accordance with section 86B or 149N(8), an activity requires a resource consent, the activity may continue until the rule becomes operative if,—
(a) before the rule took legal effect in accordance with section 86B or 149N(8), the activity—
(i) was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and
(ii) was lawfully established; and
(b) the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule took legal effect in accordance with section 86B or 149N(8); and
(c) the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule took legal effect in accordance with section 86B or 149N(8).
(2) If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,—
(a) before the rule became operative, the activity—
(i) was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and
(ii) was lawfully established; and
(b) the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and
(c) the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined.
Section 20A: substituted, on 1 August 2003, by section 8 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 20A(1): amended, on 1 October 2009, by section 20(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 20A(1)(a): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 20A(1)(b): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 20A(1)(c): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Every person who exercises or carries out functions, powers, or duties, or is required to do anything, under this Act for which no time limits are prescribed shall do so as promptly as is reasonable in the circumstances.
(1) This section applies when an enforcement officer has reasonable grounds to believe that a person (person A) is breaching or has breached any of the obligations under this Part.
(2) The enforcement officer may direct person A to give the officer the following information:
(a) if person A is a natural person, his or her full name, address, and date of birth:
(b) if person A is not a natural person, person A's full name and address.
(3) The enforcement officer may also direct person A to give the officer the following information about a person (person B) on whose behalf person A is breaching or has breached the obligations under this Part:
(a) if person B is a natural person, his or her full name, address, and date of birth:
(b) if person B is not a natural person, person B's full name and address.
Section 22: substituted, on 1 October 2009, by section 21 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law.
(2) The duties and restrictions described in this Part shall only be enforceable against any person through the provisions of this Act; and no person shall be liable to any other person for a breach of any such duty or restriction except in accordance with the provisions of this Act.
(3) Nothing in subsection (2) limits or affects any right of action which any person may have independently of the provisions of this Act.
The Minister for the Environment shall have the following functions under this Act:
(a) the recommendation of the issue of national policy statements under section 52:
(b) the recommendation of the making of national environmental standards:
(c) to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA:
(d) the recommendation of the approval of an applicant as a requiring authority under section 167 or a heritage protection authority under section 188:
(e) the recommendation of the issue of water conservation orders under section 214:
(f) the monitoring of the effect and implementation of this Act (including any regulations in force under it), national policy statements, and water conservation orders:
(g) the monitoring of the relationship between the functions, powers, and duties of central government and local government under this Part:
(ga) the monitoring and investigation, in such manner as the Minister thinks fit, of any matter of environmental significance:
(h) the consideration and investigation of the use of economic instruments (including charges, levies, other fiscal measures, and incentives) to achieve the purpose of this Act:
(i) any other functions specified in this Act.
Section 24(b): amended, on 10 August 2005, by section 6(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 24(c): substituted, on 1 October 2009, by section 22 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 24(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 24(ga): inserted, on 7 July 1993, by section 17 of the Resource Management Amendment Act 1993 (1993 No 65).
The Minister for the Environment may—
(a) investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act; and
(b) make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and
(c) investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act; and
(d) make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and
(e) take action under section 25 or section 25A if the local authority's failure or omission to act on a recommendation gives the Minister grounds to take action under one or both of those sections.
Section 24A: inserted, on 10 August 2005, by section 7 of the Resource Management Amendment Act 2005 (2005 No 87).
Section 24A(a): amended, on 1 October 2009, by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 24A(c): amended, on 1 October 2009, by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Where any local authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister for the Environment considers necessary to achieve the purpose of this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.
(2) The Minister shall not make an appointment under subsection (1) until—
(a) the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and
(b) the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties to the extent necessary to achieve the purpose of this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.
(3) Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act shall apply accordingly.
(4) All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.
(1) The Minister for the Environment—
(a) may direct a regional council—
(i) to prepare a regional plan that addresses a resource management issue relating to a function in section 30; or
(ii) to prepare a change to its regional plan that addresses the issue; or
(iii) to prepare a variation to its proposed regional plan that addresses the issue; and
(b) may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and
(c) must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.
(2) The Minister—
(a) may direct a territorial authority—
(i) to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31; or
(ii) to prepare a variation to its proposed district plan that addresses the issue; and
(b) must, in giving a direction, specify a reasonable period within which the change or variation must be notified.
Section 25A: inserted, on 10 August 2005, by section 8 of the Resource Management Amendment Act 2005 (2005 No 87).
(1) The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence.
(2) The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence.
(3) The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence.
(4) For the purposes of subsections (1) to (3), section 79(5) to (9) apply to the review with any necessary modification.
Section 25B: inserted, on 1 October 2009, by section 24 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) The Minister for the Environment may make grants and loans on such conditions as he or she thinks fit to any person to assist in achieving the purpose of this Act.
(2) All money spent or advanced by the Minister under this section shall be paid out of money appropriated by Parliament for the purpose.
(3) All money received by the Minister under this Act shall be paid into a Crown Bank Account or such other account as may be approved by the Minister of Finance.
Section 26(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
(1) The Minister for the Environment may require the bodies described in subsection (2) to supply the information described in subsection (3).
(2) The bodies are—
(a) a local authority; and
(b) a network utility operator approved as a requiring authority; and
(c) a body corporate approved as a heritage protection authority.
(3) The information is information to which all the following apply:
(a) it is about the body's exercise of any of its functions, powers, or duties under this Act; and
(b) it is held by the body; and
(c) it may reasonably be required by the Minister.
(4) The Minister must require the information in a notice that—
(a) is in writing; and
(b) is dated.
(5) The body—
(a) must supply the Minister with the information within—
(i) 20 working days of the date of the notice; or
(ii) a longer time set by the Minister; and
(b) must not charge the Minister for the supply.
Section 27: substituted, on 10 August 2005, by section 9 of the Resource Management Amendment Act 2005 (2005 No 87).
The Minister of Conservation shall have the following functions under this Act:
(a) the preparation and recommendation of New Zealand coastal policy statements under section 57:
(b) the approval of regional coastal plans in accordance with Schedule 1:
(c) [Repealed]
(d) the monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits for restricted coastal activities:
(e) carrying out his or her functions under Schedule 12.
Section 28(c): repealed, on 1 October 2009, by section 25(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 28(d): substituted, on 7 July 1993, by section 19(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 28(d): amended, on 1 October 2009, by section 25(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 28(e): substituted, on 17 January 2005, by section 6 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
(1) The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council's monitoring of—
(a) a coastal permit relating to its region; or
(b) its regional coastal plan; or
(c) the exercise of a recognised customary activity in its region.
(2) The Minister of Conservation must request the required information by giving a written and dated notice to the regional council.
(3) The council must supply the information to the Minister of Conservation within—
(a) 20 working days of the date of the notice; or
(b) a longer time set by the Minister of Conservation.
(4) The council must not charge for supplying the information.
Section 28A: substituted, on 1 October 2009, by section 26 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister's department in accordance with section 28 of the State Sector Act 1988, any of that Minister's functions, powers, or duties under this Act other than the following:
(a) certifying any work or activity under section 4:
(b) appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25:
(c) recommending the making of a national environmental standard under section 44:
(d) recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57:
(e) the following functions, powers, and duties under Part 6AA:
(i) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:
(ii) appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):
(iii) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a)
(iv) deciding whether to intervene in a matter under section 149ZA:
(v) deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies:
(f) recommending the making of an Order in Council under section 150C:
(g) recommending the making of an Order in Council under section 165O:
(ga) [Repealed]
(h) approving an applicant as a requiring authority under section 167:
(i) approving an applicant as a heritage protection authority under section 188:
(j) recommending the issue or amendment of a water conservation order under section 214 or 216:
(k) recommending the appointment of an Environment Judge or alternate Environment Judge under section 250:
(l) recommending the appointment of the Principal Environment Judge under section 251:
(m) recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254:
(n) recommending the making of regulations under section 360:
(o) approving a regional coastal plan under clause 19 of Schedule 1:
(p) making a decision on any controls to be imposed on a recognised customary activity under Schedule 12:
(q) this power of delegation.
(2) A chief executive may, in accordance with section 41 of the State Sector Act 1988, subdelegate any function, power, or duty delegated to him or her by a Minister under section 28 of that Act.
(3) Any delegation or subdelegation made under this section may be revoked in accordance with section 29 or section 42 of the State Sector Act 1988, as the case may be.
(4) The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under Part 6AA and sections 357B to 357D except the following:
(a) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:
(b) appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):
(c) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):
(d) deciding whether to intervene in a matter under section 149ZA:
(e) deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies.
(5) A delegation under subsection (4)—
(a) is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
(b) does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.
Section 29(1)(a): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(b): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(c): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(d): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(e): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(f): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(g): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(ga): repealed, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(h): substituted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(i): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(j): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(k): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(l): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(m): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(n): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(o): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(p): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(1)(q): added, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(4): added, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 29(5): added, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
(1) Every regional council shall have the following functions for the purpose of giving effect to this Act in its region:
(a) the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the natural and physical resources of the region:
(b) the preparation of objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance:
(c) the control of the use of land for the purpose of—
(i) soil conservation:
(ii) the maintenance and enhancement of the quality of water in water bodies and coastal water:
(iii) the maintenance of the quantity of water in water bodies and coastal water:
(iiia) the maintenance and enhancement of ecosystems in water bodies and coastal water:
(iv) the avoidance or mitigation of natural hazards:
(v) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:
(ca) the investigation of land for the purposes of identifying and monitoring contaminated land:
(d) in respect of any coastal marine area in the region, the control (in conjunction with the Minister of Conservation) of—
(i) land and associated natural and physical resources:
(ii) the occupation of space on land of the Crown or land vested in the regional council, that is foreshore or seabed, and the extraction of sand, shingle, shell, or other natural material from that land:
(iii) the taking, use, damming, and diversion of water:
(iv) discharges of contaminants into or onto land, air, or water and discharges of water into water:
(iva) the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations:
(v) any actual or potential effects of the use, development, or protection of land, including the avoidance or mitigation of natural hazards and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:
(vi) the emission of noise and the mitigation of the effects of noise:
(vii) activities in relation to the surface of water:
(e) the control of the taking, use, damming, and diversion of water, and the control of the quantity, level, and flow of water in any water body, including—
(i) the setting of any maximum or minimum levels or flows of water:
(ii) the control of the range, or rate of change, of levels or flows of water:
(iii) the control of the taking or use of geothermal energy:
(f) the control of discharges of contaminants into or onto land, air, or water and discharges of water into water:
(fa) if appropriate, the establishment of rules in a regional plan to allocate any of the following:
(i) the taking or use of water (other than open coastal water):
(ii) the taking or use of heat or energy from water (other than open coastal water):
(iii) the taking or use of heat or energy from the material surrounding geothermal water:
(iv) the capacity of air or water to assimilate a discharge of a contaminant:
(fb) if appropriate, and in conjunction with the Minister of Conservation,—
(i) the establishment of rules in a regional coastal plan to allocate the taking or use of heat or energy from open coastal water:
(ii) the establishment of a rule in a regional coastal plan to allocate space in a coastal marine area under Part 7A:
(g) in relation to any bed of a water body, the control of the introduction or planting of any plant in, on, or under that land, for the purpose of—
(i) soil conservation:
(ii) the maintenance and enhancement of the quality of water in that water body:
(iii) the maintenance of the quantity of water in that water body:
(iv) the avoidance or mitigation of natural hazards:
(ga) the establishment, implementation, and review of objectives, policies, and methods for maintaining indigenous biological diversity:
(gb) the strategic integration of infrastructure with land use through objectives, policies, and methods:
(h) any other functions specified in this Act.
(2) A regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d) to control the harvesting or enhancement of aquatic organisms to avoid, remedy, or mitigate—
(a) the effects on fishing and fisheries resources of occupying a coastal marine area for the purpose of aquaculture activities:
(b) the effects on fishing and fisheries resources of aquaculture activities.
(3) However, a regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), or (vii) to control the harvesting or enhancement of aquatic organisms for the purpose of conserving, using, enhancing, or developing any fisheries resources controlled under the Fisheries Act 1996.
(4) A rule to allocate a natural resource established by a regional council in a plan under subsection (1)(fa) or (fb) may allocate the resource in any way, subject to the following:
(a) the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and
(b) nothing in paragraph (a) affects section 68(7); and
(c) the rule may allocate the resource in anticipation of the expiry of existing consents; and
(d) in allocating the resource in anticipation of the expiry of existing consents, the rule may—
(i) allocate all of the resource used for an activity to the same type of activity; or
(ii) allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and
(e) the rule may allocate the resource among competing types of activities; and
(f) the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 14(3)(b) to (e).
Section 30 heading: amended, on 20 August 1998, by section 9 of the Resource Management Amendment Act 1994 (1994 No 105).
Section 30(1)(c)(iiia): inserted, on 1 August 2003, by section 9(1) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 30(1)(ca): inserted, on 10 August 2005, by section 11(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Section 30(1)(d)(ii): substituted, on 7 July 1993, by section 21(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 30(1)(d)(iva): inserted, on 20 August 1998, by section 9 of the Resource Management Amendment Act 1994 (1994 No 105).
Section 30(1)(fa): inserted, on 10 Aug