“accredited means to hold a qualification approved and notified under section 39A

“applicant,—

• “(a) in sections 40, 41B, 41C, and 42A, means the person who initiated a matter described in section 39(1):

• “(b) in sections 141 to 150AA, has the meaning given to it by section 140

“contaminated land means land of 1 of the following kinds

• “(a) if there is an applicable national environmental standard on contaminants in soil, the land is more contaminated than the standard allows; or

• “(b) if there is no applicable national environmental standard on contaminants in soil, the land has a hazardous substance in or on it that—

  • “(i) has significant adverse effects on the environment; or

  • “(ii) is reasonably likely to have significant adverse effects on the environment

“existing use certificate means a certificate issued under section 139A

“infrastructure, in section 30, means—

• “(a) pipelines that distribute or transmit natural or manufactured gas, petroleum, 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

“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

“national environmental standard means a standard prescribed by regulations made under section 43

“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”.

• “(c) the making of decisions under section 141A on whether and, if relevant, how to intervene in a matter:”.

“24A Power of Minister for the Environment to investigate and make recommendations

• 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; 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; 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 1 or both of those sections.”

“25A Minister may direct preparation of plan, change, or variation

• “(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.”

“27 Minister may require local authorities to supply information

• “(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.”

• “(c) the making of decisions under section 141A on whether and, if relevant, how to intervene in a matter:”.

• “(ca) the investigation of land for the purposes of identifying and monitoring contaminated land:”.

• “(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:”.

• “(gb) the strategic integration of infrastructure with land use through objectives, policies, and methods:”.

• “(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).”

• “(iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:”.

• “(3A) This subsection applies to a rule that imposes a greater prohibition or restriction on an activity to which a national environmental standard applies than any prohibition or restriction in the standard. The evaluation of such a rule must examine whether the prohibition or restriction it imposes is justified in the circumstances of the region or district.”

• “(aa) copies of all material incorporated by reference in any plan or proposed plan under Part 3 of Schedule 1; and”.

“35A Duty to keep records about iwi and hapu

• “(1) For the purposes of this Act, a local authority must keep and maintain, for each iwi and hapu within its region or district, a record of—

  • “(a) the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act; and

  • “(b) the planning documents that are recognised by each iwi authority and lodged with the local authority; and

  • “(c) any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga.

  “(2) For the purposes of subsection (1)(a) and (c),—

  • “(a) the Crown must provide to each local authority information on—

    • “(i) the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and

    • “(ii) any groups that represent hapu for the purposes of this Act within the region or district of that local authority and the areas over which 1 or more hapu exercise kaitiakitanga within that region or district; and

    • “(iii) the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and

  • “(b) the local authority must include in its records all the information provided to it by the Crown under paragraph (a).

  “(3) In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—

  • “(a) on iwi, obtained directly from the relevant iwi authority; and

  • “(b) on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act.

  “(4) In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapu in the record.

  “(5) If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—

  • “(a) the provision of the other enactment prevails; or

  • “(b) the advice given under the other enactment prevails; or

  • “(c) the determination made under the other enactment prevails.

  “(6) Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act.”

• “(cb) charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to reviewing consent conditions, if—

  • “(i) the review is carried out at the request of the consent holder; or

  • “(ii) the review is carried out under section 128(1)(a); or

  • “(iii) the review is carried out under section 128(1)(c):”.

“Duties of local authorities and applicants

“36A No duty under this Act to consult about resource consent applications and notices of requirement

• “(1) The following apply to an applicant for a resource consent and the local authority:

  • “(a) neither has a duty under this Act to consult any person about the application; and

  • “(b) each must comply with a duty under any other enactment to consult any person about the application; and

  • “(c) each may consult any person about the application.

  “(2) This section applies to a notice of requirement issued under any of sections 168, 168A, 189, and 189A by a requiring authority or a heritage protection authority, as if—

  • “(a) the notice were an application for a resource consent; and

  • “(b) the authority were an applicant.

“Powers and duties of local authorities and other public authorities

“36B Power to make joint management agreement

• “(1) A local authority that wants to make a joint management agreement must—

  • “(a) notify the Minister that it wants to do so; and

  • “(b) satisfy itself—

    • “(i) that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement—

      • “(A) represents the relevant community of interest; and

      • “(B) has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and

    • “(ii) that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and

  • “(c) include in the joint management agreement details of—

    • “(i) the resources that will be required for the administration of the agreement; and

    • “(ii) how the administrative costs of the joint management agreement will be met.

  “(2) A local authority that complies with subsection (1) may make a joint management agreement.

“36C Local authority may act by itself under joint management agreement

• “(1) This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together.

  “(2) The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind.

“36D Effect of joint management agreement

• A decision made under a joint management agreement has effect as a decision of the local authority.

“36E Termination of joint management agreement

• Any party to a joint management agreement may terminate that agreement by giving the other parties 20 working days' notice.”

“39A Accreditation

• The Minister must—

  • “(a) approve a qualification or qualifications establishing a person's accreditation; and

  • “(b) notify each qualification in the Gazette.”

“39B Persons who may be given hearing authority

• “(1) This section applies when a local authority wants to apply any of sections 33, 34, and section 34A to give authority to 1 person or a group of persons to conduct a hearing on—

  • “(a) an application for a resource consent notified under section 93; or

  • “(b) a notice of requirement given under section 168 or section 189; or

  • “(c) a request under clause 21(1) of Schedule 1 for a change to be made to a plan.

  “(2) If the local authority wants to give authority to 1 person, it may do so only if the person is accredited.

  “(3) If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if the chairperson is accredited.”

• “(4) If the local authority wants to give authority to a group of persons, whether or not the group has a chairperson, it may do so only if over half of all the persons are accredited.”

“39C Effect of lack of accreditation

• “(1) This section applies when a local authority purports to give authority under section 39B to a person or group of persons, but does not in fact give it because the person, chairperson of the group, or members of the group are not accredited as required by the section.

  “(2) No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B.”

“41A Control of hearings

• An authority conducting a hearing on a matter described in section 39(1) may exercise a power under section 41B or section 41C, after considering whether the scale and significance of the hearing makes the exercise of the power appropriate.

“41B Directions to provide evidence within time limits

• “(1) The authority may direct the applicant to provide briefs of evidence to the authority before the hearing.

  “(2) The applicant must provide the briefs of evidence at least 10 working days before the hearing.

  “(3) The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing.

  “(4) The person must provide the briefs of evidence at least 5 working days before the hearing.

  “(5) If the authority has exercised a power under this section, section 101(2) does not apply. Instead, the authority must hold the hearing within 40 working days of the closing date for submissions.

“41C Directions and requests before or at hearings

• “(1) Before or at the hearing, the authority may—

  • “(a) direct the order of business at the hearing, including the order in which evidence and submissions are presented; or

  • “(b) direct that evidence and submissions be—

    • “(i) recorded; or

    • “(ii) taken as read; or

    • “(iii) limited to matters in dispute; or

  • “(c) direct the applicant, when presenting evidence or a submission, to present it within a time limit; or

  • “(d) direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit.

  “(2) Before or at the hearing, the authority may request a person who has made a submission to provide further information.

  “(3) At the hearing, the authority may request the applicant to provide further information.

  “(4) At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply:

  • “(a) the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and

  • “(b) the applicant is notified before the authority commissions the report; and

  • “(c) the applicant does not refuse to agree to the commissioning of the report.

  “(5) The authority must provide copies of the report to the applicant and any person who made a submission.

  “(6) At the hearing, the authority may direct a person presenting a submission not to present—

  • “(a) the whole submission, if all of it is irrelevant or not in dispute; or

  • “(b) any part of it that is irrelevant or not in dispute.”

• “(7) Before or at the hearing, the authority may direct that the whole, or a part, of a submission be struck out if the authority considers—

  • “(a) that the whole submission, or the part, is frivolous or vexatious; or

  • “(b) that the whole submission, or the part, discloses no reasonable or relevant case; or

  • “(c) that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.

• “(8) If the authority gives a direction under subsection (7), it must record its reasons for the direction.

• “(9) A person whose submission, or part of whose submission, is struck out has a right of objection under section 357.”

• “(1) At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority may require an officer of a local authority as defined in section 42(6), or may commission a consultant or any other person employed for the purpose, to prepare a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.”

• “(b) allow an activity:”.

• “(2) A national environmental standard that prohibits an activity—

  • “(a) may do 1 or both of the following:

    • “(i) state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard; and

    • “(ii) require compliance with the rules in a plan or proposed plan as a term or condition; or

  • “(b) may state that the activity is a prohibited activity.

• “(3) If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4),—

  • “(a) allow the activity, unless it states that a resource consent is required for the activity; or

  • “(b) state that the activity is a permitted activity.

• “(4) A national environmental standard that allows an activity—

  • “(a) may state that a resource consent is not required for the activity; or

  • “(b) may do 1 or both of the following:

    • “(i) state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and

    • “(ii) require compliance with the rules in a plan or proposed plan as a term or condition.

• “(5) If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:

  • “(a) a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and

  • “(b) the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and

  • “(c) if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.

• “(6) A national environmental standard that allows a resource consent to be granted for an activity—

  • “(a) may state that the activity is—

    • “(i) a controlled activity; or

    • “(ii) a restricted discretionary activity; or

    • “(iii) a discretionary activity; or

    • “(iv) a non-complying activity; and

  • “(b) may state the matters over which—

    • “(i) control is reserved; or

    • “(ii) discretion is restricted.”

“43B Relationship between national environmental standards and rules or consents

• “(1) A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it.

  “(2) For the purposes of subsection (1),—

  • “(a) a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises:

  • “(b) a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise.

  “(3) A rule or resource consent may not be more lenient than a national environmental standard.

  “(4) For the purposes of subsection (3), a rule or resource consent is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.

  “(5) A resource consent that exists when a national environmental standard is made prevails over the standard. This subsection does not apply to water, coastal, or discharge permits.

  “(6) A water, coastal, or discharge permit that exists when a national environmental standard is made prevails over the standard until a review of the permit's conditions under section 128(1)(ba) results in some or all of the standard prevailing over the permit.

  “(7) A national environmental standard that exists before the hearing of an application for a resource consent begins prevails over a resource consent granted as a result of the application.

  “(8) A national environmental standard that prescribes transitional provisions relating to a resource consent application notified before the commencement of the standard prevails over a resource consent granted as a result of the application to the extent (if any) specified in the standard.

  “(9) If a national environmental standard requires a resource consent to be obtained for an activity, sections 10, 10A, 10B, and 20A(2) apply to the activity as if the standard were a rule in a plan that had become operative.

“43C Relationship between national environmental standards and water conservation orders

• “(1) A water conservation order that is more stringent than a national environmental standard applying to water prevails over the standard.

  “(2) A national environmental standard applying to water that is more stringent than a water conservation order prevails over the order.

“43D Relationship between national environmental standards and designations

• “(1) A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following:

  • “(a) the designation lapses:

  • “(b) the designation is altered under section 181 by the alteration of conditions in it to which the standard is relevant.

  “(2) If the conditions of a designation are altered as described in subsection (1)(b), the standard—

  • “(a) applies to the altered conditions; and

  • “(b) does not apply to the unaltered conditions.

  “(3) A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,—

  • “(a) the designation exists; and

  • “(b) no outline plan for the designation has completed the process described in section 176A.

  “(4) A national environmental standard that exists when a designation is made prevails over the designation.

  “(5) A use is not required to comply with a national environmental standard if—

  • “(a) the use was lawfully established by way of a designation that has lapsed; and

  • “(b) the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and

  • “(c) the standard is made—

    • “(i) after the designation was made; and

    • “(ii) before or after it lapses.

  “(6) Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events:

  • “(a) the work is made; and

  • “(b) the standard is made; and

  • “(c) the designation is applied to the work.

  “(7) In this section, conditions includes a condition about the physical boundaries of a designation.

“43E Relationship between national environmental standards and bylaws

• “(1) A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it.

  “(2) For the purposes of subsection (1), a bylaw is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises.

  “(3) A bylaw may not be more lenient than a national environmental standard.

  “(4) For the purposes of subsection (3), a bylaw is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.

  “(5) In this section, bylaw means a bylaw made under any enactment.

“43F Description of discharges in national environmental standards for discharges

• A national environmental standard for an activity that is a discharge may describe the discharge by referring to—

  • “(a) particular contaminants or sources of contaminants in a discharge; or

  • “(b) the circumstances or sources of a discharge.

“43G Incorporation of material by reference in national environmental standards

• A national environmental standard may incorporate material by reference under Schedule 1AA.”

“46A Minister chooses process

• “(1) After preparing a proposed national policy statement under sections 45 and 46, the Minister must—

  • “(a) use the process set out in sections 47 to 52; or

  • “(b) establish, and then use, a process that—

    • “(i) gives the public adequate time and opportunity to make a submission on the statement; and

    • “(ii) requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the statement; and

    • “(iii) incorporates sections 51 and 52 as if their references to a board of inquiry were references to the person who prepares the report and recommendations.

  “(2) When choosing between subsection (1)(a) and subsection (1)(b), the Minister may consider the following matters:

  • “(a) the advantages and disadvantages of having the proposed national policy statement made quickly:

  • “(b) the extent to which the policy in the proposed national policy statement differs from the policies in—

    • “(i) other national policy statements; and

    • “(ii) regional policy statements; and

    • “(iii) regional or district plans:

  • “(c) the extent and timing of public debate and public consultation that took place on the policy before the proposed national policy statement was prepared:

  • “(d) any other relevant matter.

  “(3) The Minister must not choose a process established under subsection (1)(b) if the proposed national policy statement includes a provision of the kind described in section 55(2A)(b).

  “(4) A national policy statement prepared after the use of a process established under subsection (1)(b) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.”

“46B Incorporation of material by reference in national policy statements

• A national policy statement may incorporate material by reference under Schedule 1AA.”

• “(1) In subsections (2) and (2A), document means—

  • “(a) a regional policy statement; or

  • “(b) a proposed regional policy statement; or

  • “(c) a proposed plan; or

  • “(d) a plan; or

  • “(e) a variation.

• “(2) A local authority must—

  • “(a) amend a document to give effect to a provision in a national policy statement that affects the document; and

  • “(b) make the amendment—

    • “(i) as soon as practicable; or

    • “(ii) within the time specified in the national policy statement; or

    • “(iii) before the occurrence of an event specified in the national policy statement.

• “(2A) A national policy statement—

  • “(a) must state whether a local authority is required to use the process set out in Schedule 1 to amend a document under subsection (2); and

  • “(b) may direct that specific provisions are to be included in a document, without notification or hearing, under clause 16 of Schedule 1.”

“58A Incorporation of material by reference in New Zealand coastal policy statements

• A New Zealand coastal policy statement may incorporate material by reference under Schedule 1AA.”

• “(1A) A regional council given a direction under section 25A(1) must—

  • “(a) prepare a regional plan that implements the direction; or

  • “(b) prepare a change to its regional plan in a way that implements the direction; or

  • “(c) prepare a variation to its regional plan in a way that implements the direction.”

• “(6) A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—

  • “(a) the statement contains a provision to which the plan does not give effect; and

  • “(b) 1 of the following occurs:

    • “(i) the statement is reviewed under section 79 and not changed or replaced; or

    • “(ii) the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or

    • “(iii) the statement is changed or varied and becomes operative.

• “(7) A local authority must comply with subsection (6)—

  • “(a) within the time specified in the statement, if a time is specified; or

  • “(b) as soon as reasonably practicable, in any other case.”

“67 Contents of regional plans

• “(1) A regional plan must state—

  • “(a) the objectives for the region; and

  • “(b) the policies to implement the objectives; and

  • “(c) the rules (if any) to implement the policies.

  “(2) A regional plan may state—

  • “(a) the issues that the plan seeks to address; and

  • “(b) the methods, other than rules, for implementing the policies for the region; and

  • “(c) the principal reasons for adopting the policies and methods; and

  • “(d) the environmental results expected from the policies and methods; and

  • “(e) the procedures for monitoring the efficiency and effectiveness of the policies and methods; and

  • “(f) the processes for dealing with issues—

    • “(i) that cross local authority boundaries; or

    • “(ii) that arise between territorial authorities; or

    • “(iii) that arise between regions; and

  • “(g) the information to be included with an application for a resource consent; and

  • “(h) any other information required for the purpose of the regional council's functions, powers, and duties under this Act.

  “(3) A regional plan must give effect to—

  • “(a) any national policy statement; and

  • “(b) any New Zealand coastal policy statement; and

  • “(c) any regional policy statement.

  “(4) A regional plan must not be inconsistent with—

  • “(a) a water conservation order; or

  • “(b) any other regional plan for the region; or

  • “(c) a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996.

  “(5) A regional plan must record how a regional council has allocated a natural resource under section 30(1)(fa) or (fb) and (4), if the council has done so.

  “(6) A regional plan may incorporate material by reference under Part 3 of Schedule 1.”

• “(11) If paragraph (b) of the definition of contaminated land applies, a rule may exempt from its coverage an area or class of contaminated land if the rule—

  • “(a) provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or

  • “(b) provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or

  • “(c) treats the land as not contaminated for purposes stated in the rule.”

• “(1B) A territorial authority given a direction under section 25A(2) must prepare a change to its district plan in a way that implements the direction.”

• “(4) A local authority must amend a proposed district plan or district plan to give effect to a regional policy statement, if—

  • “(a) the statement contains a provision to which the plan does not give effect; and

  • “(b) 1 of the following occurs:

    • “(i) the statement is reviewed under section 79 and not changed or replaced; or

    • “(ii) the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or

    • “(iii) the statement is changed or varied and becomes operative.

• “(5) A local authority must comply with subsection (4)—

  • “(a) within the time specified in the statement, if a time is specified; or

  • “(b) as soon as reasonably practicable, in any other case.”

“75 Contents of district plans

• “(1) A district plan must state—

  • “(a) the objectives for the district; and

  • “(b) the policies to implement the objectives; and

  • “(c) the rules (if any) to implement the policies.

  “(2) A district plan may state—

  • “(a) the significant resource management issues for the district; and

  • “(b) the methods, other than rules, for implementing the policies for the district; and

  • “(c) the principal reasons for adopting the policies and methods; and

  • “(d) the environmental results expected from the policies and methods; and

  • “(e) the procedures for monitoring the efficiency and effectiveness of the policies and methods; and

  • “(f) the processes for dealing with issues that cross territorial authority boundaries; and

  • “(g) the information to be included with an application for a resource consent; and

  • “(h) any other information required for the purpose of the territorial authority's functions, powers, and duties under this Act.

  “(3) A district plan must give effect to—

  • “(a) any national policy statement; and

  • “(b) any New Zealand coastal policy statement; and

  • “(c) any regional policy statement.

  “(4) A district plan must not be inconsistent with—

  • “(a) a water conservation order; or

  • “(b) a regional plan for any matter specified in section 30(1).

  “(5) A district plan may incorporate material by reference under Part 3 of Schedule 1.”

• “(5) If paragraph (b) of the definition of contaminated land applies, a rule may exempt from its coverage an area or class of contaminated land if the rule—

  • “(a) provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or

  • “(b) provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or

  • “(c) treats the land as not contaminated for purposes stated in the rule.”

• “(a) a resource consent is required for the activity; and

• “(aa) the consent authority must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and”.

• “(2) The regional council that has responsibility for the area where the reserve is located must review its regional policy statement and each regional plan to the extent necessary to ensure that they recognise and provide for the management plan. It must start the review within 6 months of the management plan being lodged under subsection (1)(b).”

“88B Processing provisions from which periods described in section 88C are excluded

• The periods described in section 88C(2), (4), (6), (8), (10), and (12) must be excluded from the calculation of time limits in—

  • “(a) section 95, which deals with the time limit for notification; and

  • “(b) section 101(2A), which deals with the time limit for the commencement of a hearing if the application was not notified or if notice was not served; and

  • “(c) section 115(b), which deals with the time limit for notification of the decision on an application for a resource consent if a hearing is not held; and

  • “(d) section 173, which deals with the time limit for notification of the decision on a designation.

“88C Description of excluded periods

• “(1) Subsection (2) applies when—

  • “(a) a consent authority has requested an applicant, under section 92(1), to provide further information; and

  • “(b) the applicant provides further information under section 92A(1)(a) or section 92A(1)(b) and (2).

  “(2) The period that must be excluded from the provisions listed in section 88B is the period—

  • “(a) starting with the date of the request under section 92(1); and

  • “(b) ending with the date on which the applicant provides the information.

  “(3) Subsection (4) applies when—

  • “(a) a consent authority has requested an applicant, under section 92(1), to provide further information; and

  • “(b) 1 of the following applies:

    • “(i) the applicant does not respond within the time limit specified in section 92A(1); or

    • “(ii) the applicant responds under section 92A(1)(b) but does not comply with the time limit set under section 92A(2); or

    • “(iii) the applicant responds under section 92A(1)(c).

  “(4) The period that must be excluded from the provisions listed in section 88B is the period—

  • “(a) starting with the date of the request under section 92(1); and

  • “(b) ending with—

    • “(i) the date on which the 15 working days end, for an applicant who does not respond within the time limit specified in section 92A(1):

    • “(ii) the date on which the time limit set under section 92A(2) ends, for an applicant who responds under section 92A(1)(b):

    • “(iii) the date on which the applicant responds under section 92A(1)(c), for an applicant who responds under section 92A(1)(c).

  “(5) Subsection (6) applies when—

  • “(a) a consent authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and

  • “(b) the applicant agrees, under section 92B(1), to the commissioning of the report.

  “(6) The period that must be excluded from the provisions listed in section 88B is the period—

  • “(a) starting with the date of the notification under section 92(2)(b); and

  • “(b) ending with the date on which the authority receives the report.

  “(7) Subsection (8) applies when—

  • “(a) a consent authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and

  • “(b) the applicant does not agree, under section 92B(1), to the commissioning of the report.

  “(8) The period that must be excluded from the provisions listed in section 88B is the period—

  • “(a) starting with the date of the notification under section 92(2)(b); and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 15 working days end; and

    • “(ii) the date on which the authority receives the applicant's refusal, under section 92B(1), to agree to the commissioning of the report.

  “(9) Subsection (10) applies when an applicant tries, for the purposes of section 94, to obtain the approval of persons who may be adversely affected.

  “(10) The period that must be excluded from the provisions listed in section 88B is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained.

  “(11) Subsection (12) applies when a consent authority refers persons to mediation under section 99A.

  “(12) The period that must be excluded from the provisions listed in section 88B is the period—

  • “(a) starting with the date of the reference; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which 1 of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and

    • “(ii) the date on which the mediator reports the outcome of the mediation to the authority.”

• “(2) At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply:

  • “(a) the activity for which the resource consent is sought may, in the authority's opinion, have a significant adverse environmental effect; and

  • “(b) the applicant is notified before the authority commissions the report; and

  • “(c) the applicant does not refuse, under section 92B(1), to agree to the commissioning of the report.

• “(3) The consent authority must notify the applicant, in writing, of its reasons for—

  • “(a) requesting further information under subsection (1); or

  • “(b) wanting to commission a report under subsection (2).

• “(3A) The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—

  • “(a) the applicant refuses, under section 92A, to provide the further information; or

  • “(b) the applicant refuses, under section 92B, to agree to the commissioning of the report.”

“92A Responses to request

• “(1) An applicant who receives a request under section 92(1) must, within 15 working days of the date of the request, take 1 of the following options:

  • “(a) provide the information; or

  • “(b) tell the consent authority in a written notice that the applicant agrees to provide the information; or

  • “(c) tell the consent authority in a written notice that the applicant refuses to provide the information.

  “(2) A consent authority that receives a written notice under subsection (1)(b) must—

  • “(a) set a reasonable time within which the applicant must provide the information; and

  • “(b) tell the applicant in a written notice the date by which the applicant must provide the information.

  “(3) The consent authority may decline the application if—

  • “(a) 1 of the following applies:

    • “(i) the applicant does not respond within the time limit specified in subsection (1); or

    • “(ii) the applicant responds under subsection (1)(b) but does not comply with the time limit set under subsection (2); or

    • “(iii) the applicant responds under subsection (1)(c); and

  • “(b) the authority considers that it has insufficient information to enable it to determine the application.

  “(4) If the applicant appeals to the Environment Court against the decision to decline the application, the Court must decide whether the authority had sufficient information to enable it to determine the application.

  “(5) If the Court decides that the authority did not have sufficient information to enable it to determine the application, it must decline the appeal.

  “(6) If the Court decides that the authority had sufficient information to enable it to determine the application, it must hear and decide the appeal.

“92B Responses to notification

• “(1) An applicant who receives a notification under section 92(2)(b) must, within 15 working days of the date of the notification, tell the consent authority in a written notice whether the applicant agrees to the commissioning of the report.

  “(2) The consent authority may decline the application if—

  • “(a) l of the following applies:

    • “(i) the applicant does not respond within the time limit specified in subsection (1); or

    • “(ii) the consent authority receives a written notice refusing the applicant's agreement to the commissioning of the report; and

  • “(b) the authority considers that it has insufficient information to enable it to determine the application.

  “(3) If the applicant appeals to the Environment Court against the decision to decline the application, the Court must decide whether the authority had sufficient information to enable it to determine the application.

  “(4) If the Court decides that the authority did not have sufficient information to enable it to determine the application, it must decline the appeal.

  “(5) If the Court decides that the authority had sufficient information to enable it to determine the application, it must hear and decide the appeal.”

• “(c) must disregard any effect on a person who has given written approval to the application.”

“99 Pre-hearing meetings

• “(1) A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following:

  • “(a) each other or one another; and

  • “(b) the authority; and

  • “(c) anyone else whose presence at the meeting the authority considers appropriate.

  “(2) The authority may invite or require persons to attend a meeting—

  • “(a) either—

    • “(i) at the request of 1 or more of the persons; or

    • “(ii) on its own initiative; and

  • “(b) only for the purpose of—

    • “(i) clarifying a matter or issue; or

    • “(ii) facilitating resolution of a matter or issue.

  “(3) The authority may require persons to attend a meeting only with the consent of the person who made the application.

  “(4) A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—

  • “(a) the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and

  • “(b) all the persons at the meeting agree.

  “(5) The chairperson of the meeting must, before the hearing, prepare a report that—

  • “(a) does not include anything communicated or made available at the meeting on a without prejudice basis; and

  • “(b) for the parties who attended the meeting,—

    • “(i) sets out the issues that were agreed; and

    • “(ii) sets out the issues that are outstanding; and

  • “(c) for all the parties,—

    • “(i) may set out the nature of the evidence that the parties are to call at the hearing; and

    • “(ii) may set out the order in which the parties are to call the evidence at the hearing; and

    • “(iii) may set out a proposed timetable for the hearing.

  “(6) The chairperson of the meeting must, before the hearing, send the report to the authority and all the parties so that they have it at least 5 working days before the hearing.

  “(7) The consent authority must have regard to the report in making its decision on the application.

  “(8) If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—

  • “(a) to process the person's application; or

  • “(b) to consider the person's submission.

  “(9) If the consent authority declines, under subsection (8)(a), to process the person's application,—

  • “(a) the person may not appeal under section 120 against the decision; and

  • “(b) the person may object under section 357A against the decision.

  “(10) If the consent authority declines, under subsection (8)(b), to consider the person's submission, the person—

  • “(a) may not appeal under section 120 against—

    • “(i) the decision to decline to consider the submission; or

    • “(ii) the decision on the application; and

  • “(b) may not become under section 274 a party to proceedings; and

  • “(c) may object under section 357A against the decision to decline to consider the submission.”

“99A Mediation

• “(1) A consent authority may refer to mediation a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application.

  “(2) The authority may exercise the power in subsection (1)—

  • “(a) either—

    • “(i) at the request of 1 of the persons; or

    • “(ii) on its own initiative; and

  • “(b) only with the consent of all the persons being referred; and

  • “(c) only for the purpose of mediating between the persons on a matter or issue.

  “(3) Mediation under this section must be conducted by—

  • “(a) a person to whom the authority delegates, under section 34A, the power to mediate; or

  • “(b) a person whom the authority appoints to mediate, if the authority is the person who has made an application for a resource consent.

  “(4) The person who conducts the mediation must report the outcome of the mediation to the consent authority.”

• “(2A) When considering an application affected by section 124, the consent authority must have regard to the value of the investment of the existing consent holder.”

• “(a) must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and”.

• “(aa) the relevant statutory provisions that were considered by the consent authority; and

• “(ab) any relevant provisions of the following that were considered by the consent authority:

  • “(i) a national policy statement:

  • “(ii) a New Zealand coastal policy statement:

  • “(iii) a regional policy statement:

  • “(iv) a proposed regional policy statement:

  • “(v) a plan:

  • “(vi) a proposed plan; and

• “(ac) the principal issues that were in contention; and

• “(ad) a summary of the evidence heard; and

• “(ae) the main findings of fact; and”.

“124 Exercise of resource consent while applying for new consent

• “(1) Subsection (3) applies when—

  • “(a) a resource consent is due to expire; and

  • “(b) the holder of the consent applies for a new consent for the same activity; and

  • “(c) the application is made to the appropriate consent authority; and

  • “(d) the application is made at least 6 months before the expiry of the existing consent.

  “(2) Subsection (3) also applies when—

  • “(a) a resource consent is due to expire; and

  • “(b) the holder of the consent applies for a new consent for the same activity; and

  • “(c) the application is made to the appropriate consent authority; and

  • “(d) the application is made in the period that—

    • “(i) begins 6 months before the expiry of the existing consent; and

    • “(ii) ends 3 months before the expiry of the existing consent; and

  • “(e) the authority, in its discretion, allows the holder to continue to operate.

  “(3) The holder may continue to operate under the existing consent until—

  • “(a) a new consent is granted and all appeals are determined; or

  • “(b) a new consent is declined and all appeals are determined.”

“124A When sections 124B and 124C apply and when they do not apply

• “(1) Sections 124B and 124C apply to an application affected by section 124 if, when the application is made, the relevant plan has not allocated any of the natural resources used for the activity.

  “(2) Sections 124B and 124C also apply to an application affected by section 124 as follows:

  • “(a) they apply if, when the application is made,—

    • “(i) the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and

    • “(ii) the relevant plan does not expressly say that sections 124A to 124C do not apply; and

  • “(b) they apply to the extent to which the amount of the resource sought by a person described in section 124B(1)(a) and (b) is equal to or smaller than the amount of the resource that—

    • “(i) is allocated to the same type of activity; and

    • “(ii) is left after the deduction of every amount allocated to every other existing resource consent.

  “(3) Sections 124B and 124C do not apply to an application affected by section 124 if, when the application is made, the relevant plan expressly says that sections 124A to 124C do not apply.

“124B Applications by existing holders of resource consents

• “(1) This section applies when—

  • “(a) a person holds an existing resource consent to undertake an activity under any of sections 12, 13, 14, and 15 using a natural resource; and

  • “(b) the person makes an application affected by section 124; and

  • “(c) the consent authority receives 1 or more other applications for a resource consent that—

    • “(i) are to undertake an activity using some or all of the natural resource to which the existing consent relates; and

    • “(ii) could not be fully exercised until the expiry of the existing consent.

  “(2) The application described in subsection (1)(b) is entitled to priority over every application described in subsection (1)(c).

  “(3) The consent authority must determine the application described in subsection (1)(b) before it determines any application described in subsection (1)(c).

  “(4) The consent authority must determine an application described in subsection (1)(b) by applying all the relevant provisions of this Act and the following criteria:

  • “(a) the efficiency of the person's use of the resource; and

  • “(b) the use of industry good practice by the person; and

  • “(c) if the person has been served with an enforcement order not later cancelled under section 321, or has been convicted of an offence under section 338,—

    • “(i) how many enforcement orders were served or convictions entered; and

    • “(ii) how serious the enforcement orders or convictions were; and

    • “(iii) how recently the enforcement orders were served or the convictions entered.

“124C Applications by persons who are not existing holders of resource consents

• “(1) This section applies when—

  • “(a) a person makes an application for a resource consent to undertake an activity under any of sections 12, 13, 14, and 15 using a natural resource; and

  • “(b) the person does not hold an existing consent for the same activity using some or all of the same natural resource; and

  • “(c) a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 124B(1)(a); and

  • “(d) the person makes the application more than 3 months before the expiry of the consent described in section 124B(1)(a).

  “(2) The consent authority must—

  • “(a) hold the application without processing it; and

  • “(b) notify the holder of the existing consent—

    • “(i) that the application has been received; and

    • “(ii) that the holder may make an application affected by section 124.

  “(3) If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 124, the consent authority must process and determine the application described in subsection (1)(a).

  “(4) If the holder of the existing consent does not make an application affected by section 124 more than 3 months before the expiry of the consent, the consent authority must process and determine the application described in subsection (1)(a).

  “(5) If the holder of the existing consent makes an application affected by section 124 more than 3 months before the expiry of the consent, the consent authority must hold the application described in subsection (1)(a) until the determination of the holder's application and any appeal.

  “(6) If the result of the determination of the holder's application and any appeal is that the holder's application affected by section 124 is granted, the application described in subsection (1)(a) lapses to the extent to which the use of the resource has been granted to the holder.”

• “(1) The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following:

  • “(a) the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221 for a variation or cancellation of a consent notice after the deposit of the survey plan); and

  • “(b) no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent.”

• “(e) must advise a consent holder by whom a charge is payable under section 36(1)(cb)—

  • “(i) of the fact that the charge is payable; and

  • “(ii) of the estimated amount of the charge.”

“133A Minor corrections of resource consents

• A consent authority that grants a resource consent may, within 15 working days of the grant, issue an amended consent that corrects minor mistakes or defects in the consent.”

• “(2A) A transfer under subsection (1) or subsection (2) may be for a limited period.”

“137 Transferability of discharge permits

• “(1) The holder of a discharge permit may—

  • “(a) transfer part or all of the holder's interest in the permit; and

  • “(b) make the transfer for part or all of the remaining period of the permit.

  “(2) The holder may make the transfer if it—

  • “(a) is for the site for which the permit is granted; and

  • “(b) is to—

    • “(i) another owner or occupier of the site for which the permit is granted; or

    • “(ii) a local authority.

  “(3) The holder may make the transfer if it is for another site and is to any person, if a regional plan—

  • “(a) allows the transfer; or

  • “(b) allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.

  “(4) A regional plan may allow a transfer or a consent authority may allow a transfer if—

  • “(a) the transfer does not worsen the actual or potential effect of any discharges on the environment; and

  • “(b) the transfer does not result in any discharges that contravene a national environmental standard; and

  • “(c) if the discharge is to water, both sites are in the same catchment; and

  • “(d) if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and

  • “(e) if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.

  “(5) An application under subsection (3)(b)—

  • “(a) must be in the prescribed form; and

  • “(b) must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and

  • “(c) must be considered under sections 88 to 115, 120, and 121 as if—

    • “(i) the application for a transfer were an application for a resource consent; and

    • “(ii) the holder were an applicant for a resource consent.

  “(6) The transfer has no effect until the consent authority that granted the permit receives written notice of it.

  “(7) When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—

  • “(a) the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and

  • “(b) the interest, or the part of it transferred, is a new permit on the same conditions as the original permit.”

“Certificates of compliance or existing use”.

• “(7) Sections 357A and 357C to 358 apply in relation to an application for a certificate of compliance.”

“139A Consent authorities to issue existing use certificates

• “(1) A person may request the consent authority to issue a certificate that—

  • “(a) describes a use of land in a particular location; and

  • “(b) states that the use of the land was a use of land allowed by section 10 on the date on which the authority issues the certificate; and

  • “(c) specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.

  “(2) A person may request the consent authority to issue a certificate that—

  • “(a) describes an activity to which section 10A or section 20A applies; and

  • “(b) states that the activity was an activity allowed by section 10A or section 20A on the date on which the authority issues the certificate; and

  • “(c) specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and

  • “(d) describes the period for which the activity is allowed under section 10A or section 20A.

  “(3) The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.

  “(4) The consent authority must issue a certificate under subsection (1) if it—

  • “(a) is satisfied that the use of the land is a use of land allowed by section 10 on the date on which the authority issues the certificate; and

  • “(b) receives payment of the appropriate administrative charge.

  “(5) The consent authority must issue a certificate under subsection (2) if it—

  • “(a) is satisfied that the activity is an activity allowed by section 10A or section 20A on the date on which the authority issues the certificate; and

  • “(b) receives payment of the appropriate administrative charge.

  “(6) A consent authority that must issue a certificate must do so within 20 working days after the latest of the following dates:

  • “(a) the date on which the authority receives the request; and

  • “(b) the date on which the authority receives all the information required under subsection (3); and

  • “(c) the date on which the authority receives the payment of the appropriate administrative charge.

  “(7) Subsection (8) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.

  “(8) The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.

  “(9) An existing use certificate is treated as an appropriate resource consent. The provisions of this Act apply to the certificate, except for sections 87AA to 119 and 123 to 150.

  “(10) Sections 357A and 357C to 358 apply in relation to the issue or revocation of an existing use certificate.”

“Decisions on proposals of national significance

“140 Meaning of applicant, local authority, and matter in sections 141 to 150AA

• In sections 141 to 150AA,—

  • “(a) applicant means—

    • “(i) an applicant for a resource consent; or

    • “(ii) a person who has requested a local authority to make a change to a plan under Schedule 1; or

    • “(iii) a person who has requested a local authority to prepare a regional plan under Schedule 1; or

    • “(iv) a requiring authority; or

    • “(v) a heritage protection authority:

  • “(b) local authority means—

    • “(i) a local authority, for an application for a resource consent; or

    • “(ii) a local authority, for a request for a change to be made to a plan; or

    • “(iii) a regional council, for a request for the preparation of a regional plan; or

    • “(iv) a territorial authority, for a notice of requirement:

  • “(c) matter means—

    • “(i) an application for a resource consent; or

    • “(ii) a request for a change to be made to a plan under Schedule 1; or

    • “(iii) a request for the preparation of a regional plan under Schedule 1; or

    • “(iv) a notice of requirement under any of sections 168, 168A, 189, and 189A.

“141 Application of sections 141A to 150AA to coastal marine areas

• “(1) If a matter relates wholly to a coastal marine area, sections 141A to 150AA apply to the matter with the following modifications:

  • “(a) references to the Minister must be read as references to the Minister of Conservation; and

  • “(b) references in sections 148 and 149 to a decision must be read as references to a recommendation; and

  • “(c) sections 148(3)(e) and (f) and 149(3)(e) and (f) must be read as one paragraph saying ‘the Minister of Conservation’; and

  • “(d) section 119(1)(a), (2), (6), and (7) applies to a recommendation made under section 149, as if section 119(1)(a) read ‘a recommendation on an application for a coastal permit for a restricted coastal activity or an application for a coastal permit for an activity that is not a restricted coastal activity’.

  “(2) If a matter relates partly to a coastal marine area, sections 141A to 150AA apply to the matter with the following modifications:

  • “(a) references to the Minister must be read as references to the Minister for the Environment and the Minister of Conservation; and

  • “(b) sections 148(3)(e) and (f) and 149(3)(e) and (f) must be read as one paragraph saying ‘the Minister for the Environment and the Minister of Conservation’.

“141A Minister's power to intervene

• “(1) This section applies when the Minister—

  • “(a) receives a request to intervene on a matter from—

    • “(i) 1 or more applicants; or

    • “(ii) a local authority required to process and decide a matter; or

  • “(b) decides to apply the section.

  “(2) The Minister—

  • “(a) must have regard to the factors described in subsection (3); and

  • “(b) may exercise 1 or more of the powers described in subsection (4).

  “(3) The factors are—

  • “(a) the extent to which a matter is or is part of a proposal of national significance under section 141B(2); and

  • “(b) whether the local authorities that would process and decide the matter if the Minister did not call it in—

    • “(i) have the capacity to process and decide it; and

    • “(ii) consider that the exercise of any of the powers in subsection (4) would be appropriate.

  “(4) The powers are—

  • “(a) to decide not to intervene:

  • “(b) to call in the matter under section 141B:

  • “(c) to make a submission on the matter for the Crown:

  • “(d) to appoint a project co-ordinator for a matter to advise the consent authority on anything relating to the matter:

  • “(e) if the matter involves more than 1 consent authority, to direct the consent authorities to hold a joint hearing on the matter:

  • “(f) if a consent authority appoints 1 or more hearings commissioners for a matter, to appoint 1 additional hearings commissioner for the matter.

  “(5) If the Minister gives a direction under subsection (4)(e),—

  • “(a) the consent authorities to which it is given must hold the joint hearing; and

  • “(b) section 102 applies, with the necessary modifications, to the hearing.

  “(6) If the Minister appoints a hearings commissioner under subsection (4)(f), the commissioner has the same powers, functions, and duties as a commissioner appointed by the consent authority.

“141B Minister's power to call in matters that are or are part of proposals of national significance

• “(1) When the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making 1 of the following directions:

  • “(a) a direction that the matter be referred for decision to a board of inquiry under sections 146 to 149; or

  • “(b) a direction that the matter, after the receipt of any submissions that the local authority or the Minister called for, be referred for decision to the Environment Court under section 150AA.

  “(2) In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter—

  • “(a) has aroused widespread public concern or interest regarding its actual or likely effect on the environment, including the global environment; or

  • “(b) involves or is likely to involve significant use of natural and physical resources; or

  • “(c) affects or is likely to affect any structure, feature, place, or area of national significance; or

  • “(d) affects or is likely to affect more than one region or district; or

  • “(e) affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or

  • “(f) involves or is likely to involve technology, processes, or methods which are new to New Zealand and which may affect the environment; or

  • “(g) results or is likely to result in or contribute to significant or irreversible changes to the environment, including the global environment; or

  • “(h) is or is likely to be significant in terms of section 8 (Treaty of Waitangi).

“141C Form and effect of Minister's direction

• A direction by the Minister under section 141B(1) must—

  • “(a) be in writing signed by the Minister; and

  • “(b) state the reasons for calling the matter in; and

  • “(c) be served on the local authority that would have been required to process and decide the matter if the Minister had not made the direction; and

  • “(d) be served,—

    • “(i) if the matter has not yet come before the local authority, as soon as practicable after the direction is made:

    • “(ii) if the matter has come before the local authority and no hearing is to be held on it, before the authority notifies its decision or recommendation on the matter:

    • “(iii) if the matter has come before the local authority and a hearing is to be held on it, at least 5 working days before the date fixed for the commencement of the hearing.”

“142 Minister may determine not to proceed

• “(1) Even though a direction has been served under section 141C, the Minister may determine not to proceed with the notification or hearing of the matter, acting under section 91 as if the Minister were a consent authority.

  “(2) When the Minister makes such a determination, he or she must notify the local authority and the applicant of it without delay.

“143 Local authority's obligations

• When a direction has been served under section 141C, the local authority must, without delay,—

  • “(a) provide the Minister with—

    • “(i) all matters to which the direction relates; and

    • “(ii) all information and submissions received by the local authority that relate to the matters; and

  • “(b) serve a copy of the direction on—

    • “(i) every person who is promoting the proposal; or

    • “(ii) every applicant; and

  • “(c) give notice of the direction to—

    • “(i) each owner and occupier (other than an applicant) of any land to which a matter relates; and

    • “(ii) each owner or occupier of any land adjoining any land to which a matter relates; and

    • “(iii) every person who has made a submission on a matter to which the direction relates.

“144 Minister to notify direction

• “(1) The Minister must give public notice of a direction under section 141C.

  “(2) Every notice for the purposes of this section must—

  • “(a) state the reasons for calling the matter in; and

  • “(b) describe the matters to which the direction applies; and

  • “(c) state where the matters, their accompanying information, and any further information may be viewed; and

  • “(d) state that submissions on the matters may be made by any person to the Minister; and

  • “(e) state the closing date for the receipt of submissions; and

  • “(f) state the address for service of the Minister and each applicant.

“145 Minister to receive submissions

• “(1) Any person may make a submission to the Minister about any matter to which a direction under section 141C relates, whether or not the person has made a submission to a local authority on the matter.

  “(2) Sections 96(2), (3), and (4) and 98 apply, with all necessary modifications, to submissions made under subsection (1), as if every reference to a consent authority were a reference to the Minister.

  “(3) Every submission on a matter made to a local authority is deemed to have been made to the Minister.

  “(4) The closing date for serving submissions on the Minister is 20 working days after notification of the direction under section 144.

“146 Minister to appoint board of inquiry

• “(1) This section applies if the Minister makes a direction under section 141B(1)(a).

  “(2) As soon as is reasonably practicable after receiving a matter from a local authority under section 143, the Minister must appoint a board of inquiry to consider the matter.

  “(3) The Minister must—

  • “(a) appoint no fewer than 3, and no more than 5, members to the board; and

  • “(b) appoint 1 of the members as chairperson.

  “(4) In appointing members, the Minister must have regard to the need for the board to have available to it, from its members, knowledge, skill, and experience relating to—

  • “(a) this Act; and

  • “(b) matters relevant to the specific matters that are likely to come before the board; and

  • “(c) tikanga Maori.

  “(5) The Minister must appoint a current, former, or retired Environment Judge as the chairperson.

“147 Conduct of inquiry

• “(1) The Minister must, without delay, provide a board of inquiry appointed under section 146 with—

  • “(a) all matters received by the Minister; and

  • “(b) all submissions on the matters received by the Minister; and

  • “(c) all other information received by the Minister and relevant to the inquiry.

  “(2) Section 101(1) to (3) applies to an inquiry, with the modifications described in subsections (3) and (4) and any other necessary modifications.

  “(3) Section 101(1) to (3) applies as if—

  • “(a) a board of inquiry were a consent authority; and

  • “(b) the conduct of an inquiry were the hearing of an application for a resource consent; and

  • “(c) the closing date for submissions on the matter called in were the closing date for submissions on an application for a resource consent.

  “(4) Section 101(1) to (3) applies subject to the following:

  • “(a) every inquiry must be held in public at a place near to the area to which the matter relates; and

  • “(b) the factors to which the board of inquiry must have regard include—

    • “(i) any relevant factor under section 141B(2); and

    • “(ii) the reasons stated under section 141C(b).

  “(5) A board of inquiry considering a matter that is an application for a resource consent—

  • “(a) has the same powers and duties as a local authority, except that the board—

    • “(i) may permit cross-examination; and

    • “(ii) must keep a full record of its hearings; and

  • “(b) must apply sections 37, 92, and 104 to 112 as if it were a consent authority.

  “(6) A board of inquiry considering a matter that is a request for a change to be made to a regional plan or preparation of a regional plan under Schedule 1—

  • “(a) has the same powers as a local authority under Part 2 of Schedule 1, except that—

    • “(i) clauses 27 and 29(6) to (8) do not apply; and

    • “(ii) the board may permit cross-examination; and

    • “(iii) the board must keep a full record of its hearings; and

  • “(b) must apply sections 37 and 66 to 70B as if it were a regional council.

  “(7) A board of inquiry considering a matter that is a change to a district plan under Schedule 1—

  • “(a) has the same powers as a local authority under Part 2 of Schedule 1, except that—

    • “(i) clauses 27 and 29(6) to (8) do not apply; and

    • “(ii) the board may permit cross-examination; and

    • “(iii) the board must keep a full record of its hearings; and

  • “(b) must apply sections 37 and 74 to 77D as if it were a territorial authority.

  “(8) A board of inquiry considering a matter that is a notice of requirement under any of sections 168, 168A, 189, and 189A—

  • “(a) has the same powers as a territorial authority, except that the board—

    • “(i) may permit cross-examination; and

    • “(ii) must keep a full record of its hearings; and

  • “(b) must apply sections 37, 169 to 171, and 175 as if it were a territorial authority; and

  • “(c) must apply section 173 as if it were a territorial authority, except that its statement of the time within which an appeal may be lodged must say that the appeal is under section 149A; and

  • “(d) must consider whether to confirm the requirement, modify it, impose conditions on it, or withdraw it; and

  • “(e) for the purposes of paragraph (d), has the same powers as—

    • “(i) a requiring authority under section 172; or

    • “(ii) a heritage protection authority under section 192.”

“148 Board to produce draft report

• “(1) As soon as practicable after a board of inquiry has completed an inquiry under section 147, it must—

  • “(a) make its draft decision; and

  • “(b) produce a draft written report.

  “(2) The draft report—

  • “(a) must state the board's draft decision; and

  • “(b) must give reasons for the decision; and

  • “(c) must include the principal issues; and

  • “(d) must include the findings of fact; and

  • “(e) may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement in addition to any changes that may result from the implementation of the draft decision; and

  • “(f) may recommend that a national policy statement or a New Zealand coastal policy statement be issued or revoked, in addition to any action that may result from the implementation of the draft decision.

  “(3) The board must send a copy of the draft report to—

  • “(a) the applicants to whom the report relates; and

  • “(b) the local authority that received the matter; and

  • “(c) any other relevant local authorities; and

  • “(d) the persons who made submissions; and

  • “(e) the Minister of Conservation, if the report relates to the functions of the Minister; and

  • “(f) the Minister.

  “(4) The board must invite the persons to whom the draft report is sent to send their comments on any aspect of it to the board within 20 working days of the date of the invitation.

“149 Board to produce final report

• “(1) As soon as practicable after the 20 working days referred to in section 148(4), the board of inquiry must—

  • “(a) consider any comments received; and

  • “(b) make its decision; and

  • “(c) produce a written report.

  “(2) The report—

  • “(a) must state the board's decision; and

  • “(b) must give reasons for the decision; and

  • “(c) must include the principal issues; and

  • “(d) must include the findings of fact; and

  • “(e) may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement in addition to any changes that may result from the implementation of the decision; and

  • “(f) may recommend that a national policy statement or a New Zealand coastal policy statement be issued or revoked, in addition to any action that may result from the implementation of the decision.

  “(3) The board must send a copy of the report to—

  • “(a) the applicants to whom the report relates; and

  • “(b) the local authority that received the matter; and

  • “(c) any other relevant local authorities; and

  • “(d) the persons who made submissions; and

  • “(e) the Minister of Conservation, if the report relates to the functions of the Minister; and

  • “(f) the Minister.

  “(4) The board must—

  • “(a) publish the report; and

  • “(b) give public notice of where and how copies of it can be obtained.

  “(5) If the board decides that a plan must be changed, the relevant local authority must deal with the decision under clause 16 of Schedule 1 as if the decision were a direction of the Environment Court.

“149A Appeals on questions of law

• “(1) A person described in section 149(3) may appeal to the High Court against a decision under section 149(1) on a question of law only.

  “(2) Sections 300 to 308 apply to the appeal, subject to the following:

  • “(a) every reference in the sections to the Environment Court must be read as a reference to the board; and

  • “(b) the sections must be read with any other necessary modifications; and

  • “(c) the High Court Rules apply if a procedural matter is not dealt with in the sections.

“149B Costs of process

• “(1) The Fees and Travelling Allowances Act 1951 applies to a board of inquiry appointed under section 146 as follows:

  • “(a) the board is a statutory board within the meaning of the Act; and

  • “(b) a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs:

    • “(i) remuneration by way of fees, salary, or allowances under the Act; and

    • “(ii) travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and

  • “(c) the Act applies to payments under paragraph (b).

  “(2) A local authority may recover from an applicant the actual and reasonable costs incurred by the authority in complying with section 143.

  “(3) The Minister may recover from an applicant the actual and reasonable costs incurred by the Minister in exercising the Minister's powers under sections 140 to 150.

  “(4) The Minister may recover from an applicant the actual and reasonable costs incurred by a board of inquiry in exercising its powers under sections 147 to 149.

  “(5) Section 36(3A) and (4) applies to the recovery of costs under subsections (2) to (4) as if references to charges were references to the recovery of costs and, for subsections (3) and (4), references to the local authority were references to the Minister.

  “(6) A person may object under section 357B to a requirement to pay costs under any of subsections (2) to (4).”