Resource Management Act 1991
069
ANALYSIS
Analysis
Title
1 Short Title and commencement
I: Interpretation and Application
2 Interpretation
3 Meaning of ``effect''
4 Act to bind the Crown
II: Purpose and Principles
5 Purpose
6 Matters of national importance
7 Other matters
8 Treaty of Waitangi
III: Duties and Restrictions Under This Act
Land
9 Restrictions on use of land
10 Certain existing uses in relation to land protected
11 Restrictions on subdivision of land
Coastal Marine Area
12 Restrictions on use of coastal marine area
River and Lake Beds
13 Restriction on certain uses of beds of lakes and rivers
Water
14 Restrictions relating to water
Discharges
15 Discharge of contaminants into environment
Noise
16 Duty to avoid unreasonable noise
Adverse Effects
17 Duty to avoid, remedy, or mitigate adverse effects
Emergencies
18 Possible defence in cases of unforeseen emergencies
Effect of Certain Changes to Plans
19 Changes to plans which will allow activities
20 Certain existing lawful activities allowed
Miscellaneous Provisions
21 Avoiding unreasonable delay
22 Duty to give certain information
23 Other legal requirements not affected
IV: Functions, Powers, and Duties of Central and Local Government
Functions, Powers, and Duties of Ministers
24 Functions of Minister for the Environment
25 Residual powers of Minister for the Environment
26 Minister may make grants and loans
27 Local authorities to supply information to Minister for the Environment
28 Functions of Minister of Conservation
29 Delegation of functions by Ministers
Functions, Powers, and Duties of Local Authorities
30 Functions of regional councils under this Act
31 Functions of territorial authorities under this Act
32 Duties to consider alternatives, assess benefits and costs, etc.
33 Transfer of powers
34 Delegation of functions, etc., by local authorities
35 Duty to gather information, monitor, and keep records
36 Administrative charges
Waivers and Extension of Time Limits
37 Power of waiver and to extend time limits
Enforcement Officers
38 Authorisation and responsibilities of enforcement officers
Powers and Duties in Relation to Hearings
39 Hearings to be public and without unnecessary formality
40 Persons who may be heard at a hearing
41 Provisions relating to hearings
42 Protection of sensitive information
V: Standards, Policy Statements, and Plans
National Environmental Standards
43 Regulations prescribing national environmental standards
44 Restriction on power to make regulations prescribing national environmental standards
National Policy Statements
45 Purpose of national policy statements (other than New Zealand coastal policy statements)
46 Proposed national policy statement
47 Board of inquiry
48 Public notification of inquiry
49 Submissions to board of inquiry
50 Summary of submissions, notification, and conduct of hearing
51 Matters to be considered and board of inquiry's report
52 Consideration of recommendations and approval of statement
53 Changes to or review or revocation of national policy statements
54 Publication of national policy statements
55 Local authority recognition of national policy statements
New Zealand Coastal Policy Statements
56 Purpose of New Zealand coastal policy statements
57 Preparation of New Zealand coastal policy statements
58 Contents of New Zealand coastal policy statements
Regional Policy Statements
59 Purpose of regional policy statements
60 Preparation and change of regional policy statements
61 Matters to be considered by regional council
62 Contents of regional policy statements
Regional Plans
63 Purpose of regional plans
64 Preparation and change of regional coastal plans
65 Preparation and change of other regional plans
66 Matters to be considered by regional council
67 Contents of regional plans
68 Regional rules
69 Rules relating to water quality
70 Rules about discharges
71 Rules about esplanade reserves on reclamation
District Plans
72 Purpose of district plans
73 Preparation and change of district plans
74 Matters to be considered by territorial authority
75 Contents of district plans
76 District rules
77 Rules about esplanade reserves on subdivision and road stopping
Miscellaneous Provisions
78 Withdrawal of proposed policy statements and plans
79 Review of policy statements and plans
80 Local authorities may combine to prepare, etc., plans
81 Boundary adjustments
82 Inconsistencies between policy statements and plans
83 Procedural requirements deemed to be observed
84 Local authorities to observe their own policy statements and plans
85 Compensation not payable in respect of controls on land
86 Power to acquire land
VI: Resource Consents
87 Types of resource consents
Application for Resource Consent
88 Making an application
89 Applications to territorial authorities for resource consents where land is in the coastal marine area
90 Distribution of application to other authorities
91 Deferral pending application for additional consents
Further Information
92 Further information may be required
Notification of Applications
93 Notification of applications
94 Applications not requiring notification
95 Time limit for notification
Submissions on Applications
96 Making of submissions
97 Time limit for submissions
98 Advice of submissions to applicant
Pre-hearing Meetings
99 Pre-hearing meetings
Hearings
100 Obligation to hold a hearing
101 Hearing date and notice
102 Joint hearings by 2 or more consent authorities
103 Combined hearings in respect of 2 or more applications
Decisions
104 Matters to be considered
105 Decisions on applications
106 Subdivision consent not to be granted in certain circumstances
107 Restriction on grant of certain discharge permits
108 Conditions of resource consents
109 Special provisions in respect of bonds or covenants
110 Refund of money and return of land where activity does not proceed
111 Use of financial contributions
112 Obligation to pay rent and royalties deemed condition of consent
113 Decisions on applications to be in writing, etc.
114 Notification of decisions
115 Time limits for notification of decision
116 When a resource consent commences
Restricted Coastal Activities
117 Application to carry out a restricted coastal activity
118 Recommendation of hearing committee
119 Decision on application for restricted coastal activity
Appeals
120 Right to appeal
121 Procedure for appeal
Nature of Resource Consent
122 Consents not real or personal property
Duration of Consent
123 Duration of consent
124 Exercise of resource consent while applying for new resource consent
125 Lapsing of consent
126 Cancellation of consent
127 Change or cancellation of consent condition on application by consent holder
Review of Consent Conditions by Consent Authority
128 Circumstances when consent conditions can be reviewed
129 Notice of review
130 Public notification, submissions, and hearing, etc.
131 Matters to be considered in review
132 Decisions on review of consent conditions
133 Powers under Part XII not affected
Transfer of Consents
134 Land use and subdivision consents attach to land
135 Transferability of coastal permits
136 Transferability of water permits
137 Transferability of discharge permits
138 Surrender of consent
Certificate of Compliance
139 Territorial authority to grant certificate of compliance
Minister's Call-In Powers
140 Minister's power to call in applications of national significance
141 Form and effect of Minister's direction
142 Deferral by Minister pending application for additional consents
143 Consent authority's obligations
144 Notification of direction by Minister
145 Submissions to Minister
146 Board of inquiry
147 Conduct of inquiry
148 Board to report to Minister
149 Minister to decide and notify application
150 Residual powers of consent authority
VII: Coastal Tendering
151 Interpretation
152 Order in Council may be made requiring holding of authorisation
153 Application of Order in Council
154 Publication, etc., of Order in Council
155 Particulars of Order in Council to be endorsed on regional coastal plan
156 Effect of Order in Council
157 Calling of public tenders for authorisations
158 Requirements of tender
159 Acceptance of tender, etc.
160 Notice of acceptance of tender
161 Grant of authorisation
162 Authorisation not to confer right to coastal permit, etc.
163 Authorisation transferable
164 Authorisation to lapse in certain circumstances
165 Tender money
VIII: Designations and Heritage Orders
Designations
166 Meaning of ``designation'', ``network utility operator'', and ``requiring authority''
167 Application to become requiring authority
168 Notice of requirement to territorial authority
169 Further information, public notification, submissions, and hearing
170 Discretion to include requirement in proposed plan
171 Recommendation by territorial authority
172 Decision of requiring authority
173 Notification of decision
174 Appeals
175 Designation to be provided for in district plan
176 Effect of designation
177 Land subject to existing designation or heritage order
178 Interim effect of requirement
179 Appeals relating to sections 176 to 178
180 Transfer of rights and responsibilities for designation
181 Alteration of designation
182 Removal of designation
183 Review of designation which has not lapsed
184 Lapsing of designations which have not been given effect to
185 Planning Tribunal may order taking of land
186 Compulsory acquisition powers
Heritage Orders
187 Meaning of ``heritage order'' and ``heritage protection authority''
188 Application to become a heritage protection authority
189 Notice of requirement to territorial authority
190 Further information, public notification, submissions, and hearing
191 Recommendation by territorial authority
192 Application of other sections
193 Effect of heritage order
194 Interim effect of requirement
195 Appeals relating to sections 193 and 194
196 Removal of heritage order
197 Compulsory acquisition powers
198 Planning Tribunal may order land taken, etc.
IX: Water Conservation Orders
199 Purpose of water conservation orders
200 Meaning of ``water conservation order''
201 Application for water conservation order
202 Minister's obligations upon receipt of application
203 Special tribunal
204 Public notification of application
205 Submissions to special tribunal
206 Conduct of hearing
207 Matters to be considered
208 Special tribunal to report on application
209 Right to make submissions to Planning Tribunal
210 Planning Tribunal to hold inquiry
211 Who may be heard at inquiry
212 Matters to be considered
213 Tribunal's report
214 Making of water conservation order
215 Minister's obligation to state reasons for not accepting recommendation
216 Revocation or variation of order
217 Effect of water conservation order
X: Subdivision and Reclamations
218 Meaning of ``subdivision of land''
219 Information to accompany applications for subdivision consents
220 Condition of subdivision consents
221 Territorial authority to issue a consent notice
222 Completion certificates
Approval and Deposit of Survey Plans
223 Approval of survey plan by territorial authority
224 Restrictions upon deposit of survey plan
225 Agreement to sell land or building before deposit of plan
226 Restriction upon issue of certificates of title for subdivision
227 Cancellation of prior approvals
228 Subdivision by the Crown
Esplanade Reserves
229 Meaning and purposes of ``esplanade reserve''
230 Esplanade reserves to vest on subdivision
231 Vesting where strip of land previously set aside or reserved
232 Width of esplanade reserve subject to district plan
233 Approval of survey plans where esplanade reserve required
234 Relationship with conditions imposed under section 220
235 Vesting of ownership of land below mean high water springs or bed of lake or river in Crown
236 Transfer of esplanade reserve to the Crown
237 Compensation for taking of esplanade reserve
Vesting of Roads and Reserves
238 Vesting of roads
239 Vesting of reserves or other land
Conditions as to Amalgamation of Land
240 Covenant against transfer of allotments
241 Amalgamation of allotments
242 Prior registered instruments protected
Conditions as to Easements
243 Survey plan approved subject to grant or reservation of easements
Company Leases and Cross Leases
244 Company leases and cross leases
Reclamations
245 Consent authority approval of a plan of survey of a reclamation
246 Restrictions on deposit of plan of survey for reclamation
XI: Planning Tribunal
247 Planning Tribunal continued
248 Membership of Planning Tribunal
Planning Judges and Alternate Planning Judges
249 Eligibility for appointment as a Planning Judge or alternate Planning Judge
250 Appointment of Planning Judges and alternate Planning Judges
251 Principal Planning Judge
252 When an alternate Planning Judge may act
Planning Commissioners and Deputy Planning Commissioners
253 Eligibility for appointment as Planning Commissioner or Deputy Planning Commissioner
254 Appointment of Planning Commissioner or Deputy Planning Commissioner
255 When a Deputy Planning Commissioner may act
256 Oath of office
Removal and Resignation of Members
257 Resignation
258 Removal of members
Special Advisors
259 Special advisors
Officers of Tribunal
260 Registrar and other officers
Miscellaneous Provisions Relating to Tribunal
261 Protection from legal proceedings
262 Planning Tribunal members who are ratepayers
263 Remuneration of Planning Commissioners and special advisors
264 Annual report of Registrar
Constitution of Tribunal
265 Planning Tribunal sittings
266 Constitution of the Planning Tribunal not to be questioned
Conferences and Additional Dispute Resolution
267 Conferences
268 Additional dispute resolution
Procedure and Powers
269 Tribunal procedure
270 Hearing matters together
271 Local hearings
272 Hearing of proceedings
273 Successors to parties to proceedings
274 Representation at proceedings
275 Personal appearance or by representative
276 Evidence
277 Hearings and evidence generally to be public
278 Tribunal has powers of a District Court
279 Powers of a Planning Judge sitting alone
280 Powers of Planning Commissioner sitting without Planning Judge
281 Waivers and directions
282 Power to commit for contempt
283 Non-attendance or refusal to co-operate
284 Witnesses' allowances
285 Awarding costs
286 Enforcing orders for costs
287 Reference of questions of law to High Court
288 Privileges and immunities
Appeals, Inquiries, and other Proceedings before Planning Tribunal
289 Reply to appeal or request for inquiry
290 Powers of Tribunal in regard to appeals and inquiries
291 Other proceedings before Tribunal
Tribunal's Powers in regard to Plans and Policy Statements
292 Remedying defects in plans
293 Tribunal may order change to policy statements and plans
294 Review of decision by Tribunal
Decisions of Planning Tribunal
295 Planning Tribunal decisions are final
296 No review of decisions unless right of appeal or reference to inquiry exercised
297 Decisions of Tribunal to be in writing
298 Documents judicially noticed
Appeals from Planning Tribunal Decisions
299 Appeal on a question of law
300 Notice of appeal
301 Right to appear and be heard on appeal
302 Parties to the appeal before the High Court
303 Orders of the High Court
304 Dismissal of appeal
305 Additional appeals on points of law
306 Extension of time
307 Date of hearing
308 Appeals to the Court of Appeal
XII: Declarations, Enforcement, and Ancillary Powers
309 Proceedings to be heard by a Planning Judge
Declarations
310 Scope and effect of declaration
311 Application for declaration
312 Notification of application
313 Decision on application
Enforcement Orders
314 Scope of enforcement order
315 Compliance with enforcement order
316 Application for enforcement order
317 Notification of application
318 Right to be heard
319 Decision on application
320 Interim enforcement order
321 Change or cancellation of enforcement order
Abatement Notices
322 Scope of abatement notice
323 Compliance with abatement notice
324 Form and content of abatement notice
325 Appeals
Excessive Noise
326 Meaning of ``excessive noise''
327 Issue and effect of excessive noise direction
328 Compliance with an excessive noise direction
Water Shortage
329 Water shortage direction
Emergency Works
330 Emergency works and power to take preventive or remedial action
331 Reimbursement or compensation for emergency works
Powers of Entry and Search
332 Power of entry for inspection
333 Power of entry for survey
334 Application for warrant for entry for search
335 Content and effect of warrant for entry for search
Return of Property
336 Return of property seized under sections 323 and 328
337 Return of property seized under warrant
Offences
338 Offences against this Act
339 Penalties
340 Liability of principal for acts of agents
341 Strict liability and defences
342 Fines to be paid to local authority instituting prosecution
343 Discharges from ships
XIII: Hazards Control Commission
344 Interpretation
345 Purpose and principles
346 Establishment of Commission
347 Functions of Commission
348 Membership of Commission
349 Compliance with policy directions
350 Further provisions applying in respect of Commission
351 Regulations
XIV: Miscellaneous Provisions
352 Service of documents
353 Notices and consents in relation to Maori land
354 Crown's existing rights to resources to continue
355 Vesting of reclaimed land
356 Matters may be determined by arbitration
357 Objections to certain decisions and requirements of consent authorities
358 Appeals against certain decisions or objections
359 Regional councils to pay rents, royalties, and other money received into Crown Bank Account
360 Regulations
361 Repeals and revocations
362 Consequential amendments
363 Conflicts with special Acts
XV: Transitional Provisions
364 Application of this Part
365 Meaning of ``permission''
366 Effect of this Act on existing schemes, consents, etc.
367 Effect of regional planning schemes
Transitional Regional Plans
368 Existing notices, bylaws, etc., to become regional plans
369 Provisions deemed to be regional rules
Transitional Regional Coastal Plans
370 Existing notices, bylaws, etc., to become regional coastal plans
371 Provisions deemed to be regional rules
372 Power of Minister of Conservation to give directions relating to restricted coastal activities
Transitional District Plans
373 Existing district and maritime schemes to become district plans
374 Provisions deemed to be district rules
375 Transitional provisions for public utilities
Provisions Relating to All Plans
376 Transitional plans to be notified and available
377 Obligation to review transitional plans
378 Proceedings in relation to plans
379 Declarations
Transitional Notices, Directions, etc.
380 Existing notices which continue in effect
381 Existing notices deemed to be abatement notices
382 Existing direction deemed to be excessive noise direction
Transitional Resource Consents
383 Existing permissions to become land use consents
384 Existing permissions to become coastal permits
385 Existing clean air permissions to become discharge permits
386 Existing rights and authorities under Water and Soil Conservation Act 1967
387 Existing geothermal licences and authorisations deemed to be water permits
388 Requirement to supply information
389 Existing applications for permissions
390 Appeals in respect of applications for permission
391 Applications for licences and approvals under Clean Air Act 1972
392 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
393 Applications for Orders in Council to reclaim land and approval for harbour works
394 Transitional provisions relating to setting aside of esplanade reserves on reclamation
395 Applications for works, etc., in coastal marine area
396 Applications for marine farming in coastal marine area
397 Existing applications for marine farming leases
398 Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries
399 Applications received on same day
400 Applications under Marine Farming Act 1971 for prohibited anchorages, etc.
401 Conditions of deemed resource consents
Subdivision and Development
402 Existing subdivision approvals
403 Existing objections and appeals in relation to subdivisions
404 Existing applications for approval
405 Transitional provisions for subdivisions in district plans
406 Grounds of refusal of subdivision consent
407 Subdivision consent conditions
408 Existing approvals for unit plans, cross lease plans, and company lease plans
409 Financial contributions for developments
410 Existing developments
411 Restriction on imposition of conditions as to financial contributions
412 Expiry of certain sections
Current Mining Privileges Relating to Water
413 Current mining privileges to become deemed permits
414 Deemed permits to be subject to regional rules
415 Acquisition of deemed permits
416 Compensation
417 Permits over land other than that of holders to be produced in Land Transfer Office
Existing Uses
418 Certain existing permitted uses may continue
419 Certain discharges affected by water classifications
420 Designations and requirements continued
421 Protection notices to become heritage orders
422 Procedure for requirements for designations and protection notices
423 National water conservation orders
Miscellaneous Provisions
424 Savings as to bylaws
425 Leases, licences, and other authorities under Harbours Act 1950
426 Leases and licences executed under Marine Farming Act 1971
427 Deemed transfer of powers to former public bodies
428 Planning Tribunal
429 Savings as to compensation claims
430 Savings as to Court proceedings
431 Obligation to prepare draft New Zealand coastal policy statement within one year
432 Obligation to prepare regional policy statements and coastal plans within 2 years
433 Collection of water management charges
Schedule(s)
1 FIRST SCHEDULE: Preparation, Change, and Review of Policy Statements and Plans
2 I:
3 I:
4 I:
5 I:
6 I:
7 I:
8 I:
9 I:
10 I:
11 I:
12 I:
13 I:
14 I:
15 I:
16 I:
17 I:
18 I:
19 I:
20 I:
21 II:
22 II:
23 II:
24 II:
25 II:
26 II:
27 II:
28 II:
29 II:
30 SECOND SCHEDULE: Matters That May Be Provided For In Policy Statements And Plans
31 THIRD SCHEDULE: Water Quality Classes
32 FOURTH SCHEDULE: Assessment of Effects on the Environment
33 FOURTH SCHEDULE: Assessment of Effects on the Environment
34 FIFTH SCHEDULE: Provisions Applying in Respect of the Hazards Control Commission
35 SIXTH SCHEDULE: Enactments Repealed
36 SEVENTH SCHEDULE: Regulations and Orders Revoked
37 EIGHTH SCHEDULE: Enactments Amended
38 NINTH SCHEDULE: Special Acts Under Which Local Authorities and Other Public Bodies Exercise Functions, Powers, and Duties