-
Resource Management Act 1991Public Act 1991 No 69
Date of assent 22 July 1991Commencement see section 1(2)
ContentsPage
Title 321 Short Title and commencement 32
Part 1Interpretation and application
2 Interpretation 322AA Definitions relating to notification
572AB Meaning of public notice 582A Successors 583 Meaning of
effect 583A Person acting under resource consent with permission
593B Transitional, savings, and related provisions 594 Act to bind
the Crown 594A Application of this Act to ships and aircraft of
foreign States 62
Part 2Purpose and principles
5 Purpose 626 Matters of national importance 62
NoteChanges authorised by subpart 2 of Part 2 of the Legislation
Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the
amendments incorporated.
This Act is administered by the Ministry for the
Environment.
Reprintas at 14 September 2018
1
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998524
-
7 Other matters 638 Treaty of Waitangi 64
Part 3Duties and restrictions under this Act
Land9 Restrictions on use of land 6410 Certain existing uses in
relation to land protected 6510A Certain existing activities
allowed 6610B Certain existing building works allowed 6711
Restrictions on subdivision of land 68
Coastal marine area12 Restrictions on use of coastal marine area
6912A Restrictions on aquaculture activities in coastal marine area
and on
other activities in aquaculture management areas
[Repealed]72
12B Continuation of coastal permit for aquaculture activities
ifaquaculture management area ceases to exist [Repealed]
72
River and lake beds13 Restriction on certain uses of beds of
lakes and rivers 72
Water14 Restrictions relating to water 73
Discharges15 Discharge of contaminants into environment 7415A
Restrictions on dumping and incineration of waste or other
matter
in coastal marine area75
15B Discharge of harmful substances from ships or
offshoreinstallations
75
15C Prohibitions in relation to radioactive waste or other
radioactivematter and other waste in coastal marine area
76
Noise16 Duty to avoid unreasonable noise 77
Adverse effects17 Duty to avoid, remedy, or mitigate adverse
effects 77
Recognised customary activities[Repealed]
17A Recognised customary activity may be exercised in
accordancewith any controls [Repealed]
78
17B Adverse effects assessment [Repealed] 78Emergencies
18 Possible defence in cases of unforeseen emergencies 78
Resource Management Act 1991Reprinted as at
14 September 2018
2
-
Procedure18A Procedural principles 79
Effect of certain changes to plans[Repealed]
19 Certain rules in proposed plans to be operative [Repealed]
7920 Certain rules in proposed plans not to have effect [Repealed]
79
Certain existing lawful activities allowed20A Certain existing
lawful activities allowed 80
Miscellaneous provisions21 Avoiding unreasonable delay 8122 Duty
to give certain information 8123 Other legal requirements not
affected 81
Part 4Functions, powers, and duties of central and local
government
Functions, powers, and duties of Ministers24 Functions of
Minister for the Environment 8224A Power of Minister for the
Environment to investigate and make
recommendations83
25 Residual powers of Minister for the Environment 8325A
Minister may direct preparation of plan, change, or variation 8425B
Ministers may direct commencement of review 8426 Minister may make
grants and loans 8527 Minister may require local authorities to
supply information 8528 Functions of Minister of Conservation 8628A
Regional council must supply information to Minister of
Conservation86
28B Functions of Minister of Aquaculture 8729 Delegation of
functions by Ministers 8729A Restriction on Ministerial direction
90
Functions, powers, and duties of local authorities30 Functions
of regional councils under this Act 9131 Functions of territorial
authorities under this Act 9531A Minister of Conservation to have
certain powers of local authority 9632 Requirements for preparing
and publishing evaluation reports 9632AA Requirements for
undertaking and publishing further evaluations 9832A Failure to
carry out evaluation 9933 Transfer of powers 10034 Delegation of
functions, etc, by local authorities 10134A Delegation of powers
and functions to employees and other
persons102
35 Duty to gather information, monitor, and keep records 103
Reprinted as at14 September 2018 Resource Management Act
1991
3
-
35A Duty to keep records about iwi and hapu 10636 Administrative
charges 10836AAA Criteria for fixing administrative charges
11236AAB Other matters relating to administrative charges 11336AA
Local authority policy on discounting administrative charges
113
Duties of local authorities and applicants36A No duty under this
Act to consult about resource consent
applications and notices of requirement114
Powers and duties of local authorities and other public
authorities36B Power to make joint management agreement 11536C
Local authority may act by itself under joint management
agreement115
36D Effect of joint management agreement 11536E Termination of
joint management agreement 116
Waivers and extension of time limits37 Power of waiver and
extension of time limits 11637A Requirements for waivers and
extensions 11637B Persons to have powers of consent authority for
purposes of
sections 37 and 37A118
Enforcement officers38 Authorisation and responsibilities of
enforcement officers 118
Powers and duties in relation to hearings39 Hearings to be
public and without unnecessary formality 12039A Accreditation
12139B Persons who may be given hearing authority 12139C Effect of
lack of accreditation 12240 Persons who may be heard at hearings
12341 Provisions relating to hearings 12341A Control of hearings
12441B Directions to provide evidence within time limits 12441C
Directions and requests before or at hearings 12441D Striking out
submissions 12642 Protection of sensitive information 127
Reports42A Reports to local authority 128
Part 4AEnvironmental Protection Authority
42B Establishment of Environmental Protection Authority
[Repealed] 13042C Functions of EPA 13042CA Cost recovery for
specified function of EPA 131
Resource Management Act 1991Reprinted as at
14 September 2018
4
-
42D Secretary for the Environment to exercise functions of
EPA[Repealed]
132
Part 5Standards, policy statements, and plans
43AA Interpretation 13243AAB Meaning of district rule and
regional rule 13343AAC Meaning of proposed plan 133
Subpart 1National directionNational environmental standards
43 Regulations prescribing national environmental standards
13443A Contents of national environmental standards 13543B
Relationship between national environmental standards and rules
or consents138
43C Relationship between national environmental standards and
waterconservation orders
139
43D Relationship between national environmental standards
anddesignations
139
43E Relationship between national environmental standards and
bylaws 14043F Description of discharges in national environmental
standards for
discharges140
43G Incorporation of material by reference in national
environmentalstandards [Repealed]
141
44 Restriction on power to make national environmental standards
14144A Local authority recognition of national environmental
standards 141
National policy statements45 Purpose of national policy
statements (other than New Zealand
coastal policy statements)143
45A Contents of national policy statements 14346 Proposed
national policy statement [Repealed] 14446A Single process for
preparing national directions 14546B Incorporation of material by
reference in national direction 14647 Board of inquiry 14647A Board
of inquiry to suspend consideration or consider additional
material146
48 Public notification of proposal for national direction and
inquiry 14749 Submissions to board of inquiry 14850 Conduct of
hearing 14851 Matters to be considered and board of inquirys report
14851A Withdrawal of proposed national policy statement 14952
Consideration of recommendations and approval or withdrawal of
statement149
53 Changes to or review or revocation of national policy
statements 150
Reprinted as at14 September 2018 Resource Management Act
1991
5
-
54 Publication of national policy statements 15155 Local
authority recognition of national policy statements 151
New Zealand coastal policy statements56 Purpose of New Zealand
coastal policy statements 15257 Preparation of New Zealand coastal
policy statements 15258 Contents of New Zealand coastal policy
statements 15358A Incorporation of material by reference in New
Zealand coastal
policy statements [Repealed]154
National planning standards58B Purposes of national planning
standards 15458C Scope and contents of national planning standards
15558D Preparation of national planning standards 15658E Approval
of national planning standard 15758F Publication of national
planning standards and other documents 15758G First set of national
planning standards 15858H Changing, replacing, or revoking national
planning standards 15858I Local authority recognition of national
planning standards 15858J Time frames applying under first set of
national planning standards 160
Publication of documents58K Obligation to publish documents
161
Subpart 2Mana Whakahono a Rohe: Iwi
participationarrangements
58L Definitions 161Purpose and guiding principles
58M Purpose of Mana Whakahono a Rohe 16258N Guiding principles
162
Initiating Mana Whakahono a Rohe58O Initiation of Mana Whakahono
a Rohe 16358P Other opportunities to initiate Mana Whakahono a Rohe
16458Q Time frame for concluding Mana Whakahono a Rohe 165
Contents58R Contents of Mana Whakahono a Rohe 16558S Resolution
of disputes that arise in course of negotiating Mana
Whakahono a Rohe167
58T Review and monitoring 16758U Relationship with iwi
participation legislation 168
Subpart 3Local authority policy statements and plansRegional
policy statements
59 Purpose of regional policy statements 16860 Preparation and
change of regional policy statements 168
Resource Management Act 1991Reprinted as at
14 September 2018
6
-
61 Matters to be considered by regional council (policy
statements) 16862 Contents of regional policy statements 170
Regional plans63 Purpose of regional plans 17164 Preparation and
change of regional coastal plans 17264A Imposition of coastal
occupation charges 17265 Preparation and change of other regional
plans 17366 Matters to be considered by regional council (plans)
17567 Contents of regional plans 17768 Regional rules 17868A
Regional coastal plan not to authorise aquaculture activities
in
coastal marine area as permitted activities181
69 Rules relating to water quality 18170 Rules about discharges
182
Rules relating to discharge of greenhouse gases70A Application
to climate change of rules relating to discharge of
greenhouse gases182
70B Implementation of national environmental standards 18371
Rules about esplanade reserves on reclamation [Repealed] 183
District plans72 Purpose of district plans 18373 Preparation and
change of district plans 18374 Matters to be considered by
territorial authority 18475 Contents of district plans 18676
District rules 18777 Rules about esplanade reserves on subdivision
and road stopping 189
Additional provisions for regional rules and district rules77A
Power to make rules to apply to classes of activities and
specify
conditions190
77B Duty to include certain rules in relation to controlled or
restricteddiscretionary activities
190
77C Certain activities to be treated as discretionary activities
orprohibited activities [Repealed]
191
77D Rules specifying activities for which consent applications
must benotified or are precluded from being notified
191
Miscellaneous provisions[Repealed]
78 Withdrawal of proposed policy statements and plans [Repealed]
19178A Combined regional and district documents [Repealed] 191
Review79 Review of policy statements and plans 192
Reprinted as at14 September 2018 Resource Management Act
1991
7
-
79A Circumstance when further review required [Repealed] 19379B
Consequence of review under section 79A [Repealed] 193
Combined documents80 Combined regional and district documents
193
Subpart 4Collaborative planning process80A Use of collaborative
planning process 195
Subpart 5Streamlined planning process80B Purpose, scope,
application of Schedule 1, and definitions 19580C Application to
responsible Minister for direction 196
Subpart 6Miscellaneous matters81 Boundary adjustments 19782
Disputes 19882A Dispute relating to review under section 79A
[Repealed] 19983 Procedural requirements deemed to be observed
19984 Local authorities to observe their own policy statements and
plans 19985 Environment Court may give directions in respect of
land subject
to controls200
Plan must not allow activity that prevents protected
customaryrights
85A Plan or proposed plan must not include certain rules 20285B
Process to apply if plan or proposed plan does not comply with
section 85A202
86 Power to acquire land 203Subpart 7Legal effect of rules
Legal effect of rules[Repealed]
86A Purpose of sections 86B to 86G 20486B When rules in proposed
plans have legal effect 20486C When rule has legal effect if
decision to delay its effect is
rescinded205
86D Environment Court may order rule to have legal effect from
dateother than standard date
205
86E Local authorities must identify rules having early or
delayed legaleffect
206
86F When rules in proposed plans must be treated as operative
20786G Rule that has not taken legal effect or become operative
excluded
from references to rule in this Act and regulations made under
thisAct
207
Resource Management Act 1991Reprinted as at
14 September 2018
8
-
Part 6Resource consents
87AA This Part subject to Part 6A 20787AAB Meaning of boundary
activity and related terms 20887AAC Meaning of fast-track
application 20887AAD Overview of application of this Part to
boundary activities and
fast-track applications209
87 Types of resource consents 21087A Classes of activities
21087B Certain activities to be treated as discretionary activities
or
prohibited activities212
87BA Boundary activities approved by neighbours on
infringedboundaries are permitted activities
212
87BB Activities meeting certain requirements are permitted
activities 213Streamlining decision-making on resource consents
87C Sections 87D to 87I apply to resource consent applications
21487D Request for application to go directly to Environment Court
21487E Consent authoritys decision on request 21587F Consent
authoritys subsequent processing 21687G Environment Court
determines application 21787H Residual powers of consent authority
21887I When consent authority must determine application 218
Application for resource consent88 Making an application 21988A
Description of type of activity to remain the same 22088B Time
limits from which time periods are excluded in relation to
applications221
88C Excluded time periods relating to provision of further
information 22288D Excluded time periods relating to direct
referral 22488E Excluded time periods relating to other matters
22588F Excluded time periods relating to pre-request
aquaculture
agreements227
89 Applications to territorial authorities for resource consents
whereland is in coastal marine area
227
89A Applications affecting navigation to be referred to Maritime
NewZealand
228
90 Distribution of application to other authorities [Repealed]
22991 Deferral pending application for additional consents 22991A
Applicant may have processing of application suspended 22991B When
suspension of processing ceases 23091C Application may be returned
if suspended after certain period 230
Reprinted as at14 September 2018 Resource Management Act
1991
9
-
Further information92 Further information, or agreement, may be
requested 23192A Responses to request 23292B Responses to
notification 233
Notification of applications[Repealed]
93 When public notification of consent applications is
required[Repealed]
233
94 When public notification of consent applications is not
required[Repealed]
234
94A Forming opinion as to whether adverse effects are minor or
morethan minor [Repealed]
234
94B Forming opinion as to who may be adversely affected
[Repealed] 23494C Public notification if applicant requests or if
special circumstances
exist [Repealed]234
94D When public notification and service requirements may be
varied[Repealed]
234
Public notification and limited notification of applications95
Time limit for public notification or limited notification 23495A
Public notification of consent applications 23595B Limited
notification of consent applications 23695C Public notification of
consent application after request for further
information or report238
95D Consent authority decides if adverse effects likely to be
more thanminor
238
95E Consent authority decides if person is affected person
23995F Meaning of affected protected customary rights group 23995G
Meaning of affected customary marine title group 240
Submissions on applications96 Making submissions 24097 Time
limit for submissions 24198 Advice of submissions to applicant
241
Pre-hearing meetings and mediation99 Pre-hearing meetings 24199A
Mediation 243
Hearings100 Obligation to hold a hearing 244100A Hearing by
commissioner if requested by applicant or submitter 244101 Hearing
date and notice 244102 Joint hearings by 2 or more consent
authorities 245103 Combined hearings in respect of 2 or more
applications 246
Resource Management Act 1991Reprinted as at
14 September 2018
10
-
103A Time limit for completion of hearing of notified
application 246103B Requirement to provide report and other
evidence before hearing 247
Decisions104 Consideration of applications 247104A Determination
of applications for controlled activities 250104B Determination of
applications for discretionary or non-complying
activities250
104C Determination of applications for restricted discretionary
activities 251104D Particular restrictions for non-complying
activities 251
Decisions on applications relating to discharge of
greenhousegases
[Repealed]104E Applications relating to discharge of greenhouse
gases 252104F Implementation of national environmental standards
252105 Matters relevant to certain applications 252106 Consent
authority may refuse subdivision consent in certain
circumstances253
107 Restriction on grant of certain discharge permits 254107A
Restrictions on grant of resource consents [Repealed] 255107B
Provision for certain infrastructure works and related
operations
[Repealed]255
107C Circumstances when written approval for resource
consentrequired from holder of customary rights order
[Repealed]
255
107D Process to apply if grant of resource consent has effect
ofcancelling customary rights order [Repealed]
255
Decisions on applications relating to non-aquaculture
activities[Repealed]
107E Decision on application to undertake non-aquaculture
activity inaquaculture management area [Repealed]
255
107F Applications to undertake aquaculture activities 255108
Conditions of resource consents 257108AA Requirements for
conditions of resource consents 259108A Bonds 260109 Special
provisions in respect of bonds or covenants 261110 Refund of money
and return of land where activity does not
proceed262
111 Use of financial contributions 263112 Obligation to pay rent
and royalties deemed condition of consent 263113 Decisions on
applications to be in writing, etc 264114 Notification 265115 Time
limits for notification of decision 267116 When a resource consent
commences 268
Reprinted as at14 September 2018 Resource Management Act
1991
11
-
116A When coastal permit for aquaculture activities may commence
269116B When resource consent commences if subject to grant of
application to exchange recreation reserve land271
Restricted coastal activities117 Application to carry out
restricted coastal activity 272118 Recommendation of hearing
committee [Repealed] 272119 Decision on application for restricted
coastal activity [Repealed] 272119A Coastal permit for restricted
coastal activity treated as if granted by
regional council272
Appeals120 Right to appeal 273121 Procedure for appeal 274
Nature of resource consent122 Consents not real or personal
property 274
Duration of consent123 Duration of consent 276123A Duration of
consent for aquaculture activities 276124 Exercise of resource
consent while applying for new consent 277124A When sections 124B
and 124C apply and when they do not apply 277124B Applications by
existing holders of resource consents 278124C Applications by
persons who are not existing holders of resource
consents279
125 Lapsing of consents 279126 Cancellation of consent 280127
Change or cancellation of consent condition on application by
consent holder281
Review of consent conditions by consent authority128
Circumstances when consent conditions can be reviewed 282129 Notice
of review 283130 Public notification, submissions, and hearing, etc
284131 Matters to be considered in review 286132 Decisions on
review of consent conditions 286133 Powers under Part 12 not
affected 287133A Minor corrections of resource consents 287
Transfer of consents134 Land use and subdivision consents attach
to land 288135 Transferability of coastal permits 288136
Transferability of water permits 288137 Transferability of
discharge permits 289138 Surrender of consent 291
Resource Management Act 1991Reprinted as at
14 September 2018
12
-
138A Special provisions relating to coastal permits for dumping
andincineration
291
Certificates of compliance or existing use139 Consent
authorities and Environmental Protection Authority to
issue certificates of compliance293
139A Consent authorities to issue existing use certificates
294Decisions on proposals of national significance
[Repealed]Part 6AA
Proposals of national significance140 Outline of this Part
296141 Interpretation 297141A Ministers power to intervene
[Repealed] 299141B Ministers power to call in matters that are or
are part of proposals
of national significance [Repealed]299
141C Form and effect of Ministers direction [Repealed]
299Subpart 1Minister may make direction in relation to matter
Matter lodged with local authority142 Minister may call in
matter that is or is part of proposal of national
significance299
143 Restriction on when local authority may request call in
301144 Restriction on when Minister may call in matter 301144A EPA
to advise and make recommendations to Minister in relation
to call-in302
Matter lodged with EPA145 Matter lodged with EPA 302146 EPA to
recommend course of action to Minister 304147 Minister makes
direction after EPA recommendation 305
General provisions for matter lodged with local authority or
EPA148 Proposals relating to coastal marine area 306149 EPA may
request further information or commission report 306
How matter processed if direction made to refer matter to board
ofinquiry or court
149A EPA must serve Ministers direction on local authority
andapplicant
308
149B Local authoritys obligations if matter called in 308149C
EPA must give public notice of Ministers direction 308149D Minister
may instruct EPA to delay giving public notice pending
application for additional consents310
Reprinted as at14 September 2018 Resource Management Act
1991
13
-
149E EPA to receive submissions on matter if public notice of
directionhas been given
310
149F EPA to receive further submissions if matter is request,
change, orvariation
312
149G EPA must provide board or court with necessary information
313149H Local authority may not notify further change or variation
in
certain circumstances314
149I Limitation on withdrawal of change or variation 314Subpart
2How matter decided if direction made to refer matter
to board of inquiry or courtMatter decided by board of
inquiry
149J Minister to appoint board of inquiry 315149K How members
appointed 315149KA EPA may make administrative decisions 316149L
Conduct of inquiry 316149M Process if matter is request for
regional plan or change and
particular circumstances apply318
149N Process if section 149M applies or proposed plan or change
not yetprepared
319
149O Public notice and submissions where EPA receives proposed
planor change from local authority under section 149N
320
149P Consideration of matter by board 322149Q Board to produce
draft report [Repealed] 324149R Board to produce report 324149RA
Minor corrections of board decisions, etc 326149S Minister may
extend time by which board must report 327
Matter decided by Environment Court149T Matter referred to
Environment Court 328149U Consideration of matter by Environment
Court 328
Appeals149V Appeal from decisions only on question of law
330
Subpart 3Miscellaneous provisionsProcess after decision of board
of inquiry or court on certain
matters149W Local authority to implement decision of board or
court about
proposed regional plan or change or variation331
149X Residual powers of local authority 332Minister makes
direction to refer matter to local authority
149Y EPA must refer matter to local authority if direction made
byMinister
333
149Z Local authority must process referred matter 333
Resource Management Act 1991Reprinted as at
14 September 2018
14
-
Ministers powers to intervene in matter149ZA Ministers powers to
intervene in matter 334
Process if related matter already subject to direction to refer
toboard of inquiry or court
149ZB How EPA must deal with certain applications and notices
ofrequirement
335
149ZC Minister to decide whether application or notice of
requirement tobe notified
336
149ZCA Application of sections 149ZCB to 149ZCF 336149ZCB Public
notification of application or notice at Ministers discretion
336149ZCC Limited notification of application or notice 337149ZCD
Public notification of application or notice after request for
further
information338
149ZCE Minister to decide if adverse effects likely to be more
than minor 338149ZCF Minister to decide if person is affected
person 338
Costs of processes under this Part149ZD Costs of processes under
this Part recoverable from applicant 339149ZE Remuneration,
allowances, and expenses of boards of inquiry 340149ZF Liability to
pay costs constitutes debt due to EPA or the Crown 340149ZG Process
may be suspended if costs outstanding 341150 Residual powers of
authorities [Repealed] 341150AA Reference to Environment Court
[Repealed] 342
Part 6AAquaculture moratorium
150A Interpretation 342150B Moratorium 342150C Earlier expiry of
moratorium in relation to specified areas 343150D Pending
applications to be considered under rules as at end of
moratorium [Repealed]344
150E Transitional provision [Repealed] 344150F No compensation
344
Certain coastal permits continued150G Certain coastal permits
issued in period from 1 June 1995 to 1
August 2003 continued344
Part 7Coastal tendering
151AA Part not to apply to applications to occupy coastal marine
area 345151 Interpretation 345152 Order in Council may be made
requiring holding of authorisation 345153 Application of Order in
Council 346154 Publication, etc, of Order in Council 347
Reprinted as at14 September 2018 Resource Management Act
1991
15
-
155 Particulars of Order in Council to be endorsed on regional
coastalplan
348
156 Effect of Order in Council 348157 Calling of public tenders
for authorisations 348158 Requirements of tender 349159 Acceptance
of tender, etc 349160 Notice of acceptance of tender 350161 Grant
of authorisation 350162 Authorisation not to confer right to
coastal permit, etc 350163 Authorisation transferable 351164
Authorisation to lapse in certain circumstances 351165 Tender money
352
Part 7AOccupation of common marine and coastal area
165A Overview 352165AB Establishment of aquaculture management
areas [Repealed] 353165B Relationship of Part with rest of Act
353165BB Some applications for coastal permits must be
cancelled
[Repealed]353
165BC Certain applications not to be processed or determined
untilaquaculture management area established in regional coastal
plan[Repealed]
354
Subpart 1Managing occupation in common marine and
coastalarea
165C Interpretation 354165D Power of consent authorities to
refuse to receive applications for
coastal permits354
165E Applications in relation to aquaculture settlement areas
354Regional coastal plan provisions relating to occupation of
common
marine and coastal area165F Provisions about occupation of
common marine and coastal area 355165G Plan may specify allocation
methods 356165H Regional council to have regard to and be satisfied
about certain
matters before including allocation rule in regional coastal
plan orproposed regional coastal plan
356
165I Offer of authorisations for activities in common marine and
coastalarea in accordance with plan
357
165J When applications not to be made unless applicant
holdsauthorisation in accordance with plan
358
165K Power to give directions relating to allocation of
authorisations forspace provided for in plan
358
Resource Management Act 1991Reprinted as at
14 September 2018
16
-
Ministerial approval of use of method of allocating
authorisations165L Regional council may request use of allocation
method 360165M Stay on applications following request under section
165L 361165N Minister may approve use of allocation method 361165O
Period of approval 364165P Offer of authorisations where approved
by Minister 365165Q When applications not to be made or granted
unless applicant
holds authorisation in accordance with Gazette notice365
Authorisations165R Authorisation not to confer right to coastal
permit 366165S Authorisation transferable 366165T Authorisation
lapses in certain circumstances 366165U Public notice of offer of
authorisations by regional council 367165V Requirements for offers
for authorisations 368165W Preferential rights of iwi 369165X
Acceptance of offer for authorisations 369165Y Grant of
authorisation 370165Z Tender money 370165ZA Use of tender money
370
Ministerial powers in relation to applications for coastal
permitsto undertake aquaculture activities in common marine and
coastal
area165ZB Regional council may request suspension of
applications to occupy
common marine and coastal area for purposes of
aquacultureactivities
371
165ZC Effect on applications of request under section 165ZB
372165ZD Minister of Aquaculture may suspend applications to occupy
the
common marine and coastal area for the purposes of
aquacultureactivities
372
165ZE Subsequent requests for direction in relation to
suspension ofreceipt of applications
374
Ministerial power to direct applications for coastal permits
toundertake aquaculture activities in common marine and coastal
area to be processed and heard together165ZF Regional council
may request direction to process and hear
together applications for permits to occupy common marine
andcoastal area for purpose of aquaculture activities
374
165ZFA Ministerial power to direct applications to be processed
and heardtogether
375
Processing and hearing together of applications for
coastalpermits
165ZFB Application of sections 165ZFC to 165ZFH 377
Reprinted as at14 September 2018 Resource Management Act
1991
17
-
165ZFC Interpretation 377165ZFD Effect of requirement that
applications be processed and heard
together on direct referral to Environment Court under
sections87D to 87I
378
165ZFE Processing of affected applications 378165ZFF Hearing of
affected applications 380165ZFG Effect of requirement that
applications be processed and heard
together on power of Minister to call in applications under
section142
381
165ZFH Effect of requirement that applications be processed and
heardtogether on lodgement of applications with EPA
382
Subpart 2Privately initiated plan changes[Repealed]
Subpart 3Order in which applications by existing consentholders
are to be processed
165ZG Application 382165ZH Processing applications for existing
permit holders 383165ZI Applications for space already used for
aquaculture activities 384165ZJ Additional criteria for considering
applications for permits for
space already used for aquaculture activities385
Subpart 4Plan change requests and concurrent applications
forcoastal permits in relation to aquaculture activities
165ZK Application 386165ZL Interpretation 386165ZM Other
provisions of Act apply subject to this subpart 386165ZN
Application for coastal permit to undertake aquaculture activities
387165ZO Identifying plan change requests and concurrent
applications 387165ZP Incomplete concurrent application 387165ZQ
Additional consents 388165ZR Concurrent application to be declined
or treated as withdrawn if
plan change request declined or withdrawn388
165ZS Consideration of plan change request 389165ZT Notification
of accepted plan change request 389165ZU Submissions on plan change
request and concurrent application 390165ZV Hearing of submissions
390165ZW Type of activity in relation to concurrent activities
390165ZX Consideration of plan change request and concurrent
application 390165ZY Regional councils decision on concurrent
application 391165ZZ Appeals 391165ZZA Grant of coastal permit
391
Resource Management Act 1991Reprinted as at
14 September 2018
18
-
Part 8Designations and heritage orders
Designations166 Meaning of designation, network utility
operator, and requiring
authority391
167 Application to become requiring authority 393168 Notice of
requirement to territorial authority 394168A Notice of requirement
by territorial authority 394169 Further information, notification,
submissions, and hearing for
notice of requirement to territorial authority397
170 Discretion to include requirement in proposed plan 399171
Recommendation by territorial authority 401172 Decision of
requiring authority 402173 Notification of decision on designation
402174 Appeals 402175 Designation to be provided for in district
plan 403176 Effect of designation 404176A Outline plan 404177 Land
subject to existing designation or heritage order 405178 Interim
effect of requirements for designations 406179 Appeals relating to
sections 176 to 178 407180 Transfer of rights and responsibilities
for designations 408181 Alteration of designation 408182 Removal of
designation 409183 Review of designation which has not lapsed
[Repealed] 410184 Lapsing of designations which have not been given
effect to 410184A Lapsing of designations of territorial authority
in its own district 411185 Environment Court may order taking of
land 411186 Compulsory acquisition powers 412
Heritage orders187 Meaning of heritage order and heritage
protection authority 413188 Application to become heritage
protection authority 414189 Notice of requirement to territorial
authority 415189A Notice of requirement for heritage order by
territorial authority 416190 Further information, notification,
submissions, and hearing for
notice of requirement to territorial authority419
191 Recommendation by territorial authority 421192 Application
of other sections 422193 Effect of heritage order 422193A Land
subject to existing heritage order or designation 422194 Interim
effect of requirement 423195 Appeals relating to sections 193 and
194 424195A Alteration of heritage order 425
Reprinted as at14 September 2018 Resource Management Act
1991
19
-
195B Transfer of heritage order 425195C Notice of determination
426196 Removal of heritage order 427197 Compulsory acquisition
powers 427198 Environment Court may order land taken, etc 427
Time limits from which time periods are excluded in relation
todesignations and heritage orders
198AA Time limits from which time periods are excluded in
relation todesignations and heritage orders
429
198AB Excluded time periods relating to provision of further
information 429198AC Excluded time periods relating to direct
referral 431198AD Excluded time periods relating to other matters
433
Streamlining decision-making on designations and heritage
orders198A Sections 198B to 198G apply to requirements under
section 168 or
189433
198B Requiring authority or heritage protection authoritys
request 434198C Territorial authoritys decision on request 434198D
Territorial authoritys subsequent processing 435198E Environment
Court decides 437198F Residual powers of territorial authority
438198G When territorial authority must deal with requirement
438198H Sections 198I to 198M apply to requirements under section
168A
or 189A439
198I Territorial authoritys decision 439198J Territorial
authoritys subsequent processing 440198K Environment Court decides
441198L Residual powers of territorial authority 442198M When
territorial authority must deal with requirement 442
Part 9Water conservation orders
199 Purpose of water conservation orders 443200 Meaning of water
conservation order 443201 Application for water conservation order
444202 Ministers obligations upon receipt of application 444203
Special tribunal 444204 Public notification of application 445205
Submissions to special tribunal 446206 Conduct of hearing 447207
Matters to be considered 448208 Special tribunal to report on
application 448209 Right to make submissions to Environment Court
448210 Environment Court to hold inquiry 449211 Who may be heard at
inquiry 449
Resource Management Act 1991Reprinted as at
14 September 2018
20
-
212 Matters to be considered by Environment Court 450213 Courts
report 450214 Making of water conservation order 451215 Ministers
obligation to state reasons for not accepting
recommendation451
216 Revocation or variation of order 451217 Effect of water
conservation order 452
Part 10Subdivision and reclamations
218 Meaning of subdivision of land 453219 Information to
accompany applications for subdivision consents
[Repealed]455
220 Condition of subdivision consents 455221 Territorial
authority to issue a consent notice 457222 Completion certificates
458
Approval and deposit of survey plans223 Approval of survey plan
by territorial authority 458224 Restrictions upon deposit of survey
plan 460225 Agreement to sell land or building before deposit of
plan 462226 Restrictions upon issue of certificates of title for
subdivision 462226A Savings in respect of cross leases, company
leases, and retirement
village leases464
227 Cancellation of prior approvals 464228 Subdivision by the
Crown 465
Esplanade reserves229 Purposes of esplanade reserves and
esplanade strips 466230 Requirement for esplanade reserves or
esplanade strips 466231 Esplanade reserves to vest on subdivision
467232 Creation of esplanade strips 467233 Effect of change to
boundary of esplanade strip 468234 Variation or cancellation of
esplanade strips 469235 Creation of esplanade strips by agreement
470236 Where land previously set aside or reserved 470237 Approval
of survey plans where esplanade reserve or esplanade
strips required471
237A Vesting of land in common marine and coastal area or bed of
lakeor river
472
237B Access strips 473237C Closure of strips to public 474237D
Transfers to the Crown or regional council 474237E Compensation for
taking of esplanade reserves or strips on
allotments of less than 4 hectares475
Reprinted as at14 September 2018 Resource Management Act
1991
21
-
237F Compensation for taking of esplanade reserves or strips
onallotments of 4 hectares or more
475
237G Compensation 475237H Valuation 476
Vesting of roads and reserves238 Vesting of roads 477239 Vesting
of reserves or other land 477
Conditions as to amalgamation of land240 Covenant against
transfer of allotments 478241 Amalgamation of allotments 480242
Prior registered instruments protected 481
Conditions as to easements243 Survey plan approved subject to
grant or reservation of easements 482
Company leases and cross leases[Repealed]
244 Company leases and cross leases [Repealed]
484Reclamations
245 Consent authority approval of a plan of survey of a
reclamation 484246 Restrictions on deposit of plan of survey for
reclamation 485
Part 11Environment Court
247 Planning Tribunal re-named Environment Court 486248
Membership of Environment Court 486
Environment Judges and alternate Environment Judges249
Eligibility for appointment as an Environment Judge or
alternate
Environment Judge487
250 Appointment of Environment Judges and alternate
EnvironmentJudges
487
250A Judge not to undertake other employment or hold other
office 488250B Protocol relating to activities of Judges 488251
Principal Environment Judge 489251A Appointment of acting Principal
Environment Judge 489252 When an alternate Environment Judge may
act 490
Environment Commissioners and Deputy
EnvironmentCommissioners
253 Eligibility for appointment as Environment Commissioner
orDeputy Environment Commissioner
490
254 Appointment of Environment Commissioner or DeputyEnvironment
Commissioner
491
255 When a Deputy Environment Commissioner may act 491
Resource Management Act 1991Reprinted as at
14 September 2018
22
-
256 Oath of office 492Removal and resignation of members
257 Resignation 492258 Removal of members 492
Special advisors259 Special advisors 493
Officers of court260 Registrar and other officers 493
Miscellaneous provisions relating to court261 Protection from
legal proceedings 494262 Environment Court members who are
ratepayers 494263 Remuneration of Environment Commissioners and
special
advisors495
264 Annual report of Registrar 495Constitution of court
265 Environment Court sittings 496266 Constitution of the
Environment Court not to be questioned 497
Conferences and additional dispute resolution267 Conferences
497268 Alternative dispute resolution 499268A Mandatory
participation in alternative dispute resolution processes 499
Procedure and powers269 Court procedure 499270 Hearing matters
together 500271 Local hearings 500271A Submitter may be party to
proceedings [Repealed] 500272 Hearing of proceedings 501273
Successors to parties to proceedings 501274 Representation at
proceedings 501275 Personal appearance or by representative 504276
Evidence 504276A Evidence of documents 505277 Hearings and evidence
generally to be public 505277A Powers of Environment Court in
relation to evidence heard on
appeal by way of rehearing505
278 Environment Court has powers of District Court 506279 Powers
of Environment Judge sitting alone 507280 Powers of Environment
Commissioner sitting without
Environment Judge509
281 Waivers and directions 510
Reprinted as at14 September 2018 Resource Management Act
1991
23
-
281A Registrar may waive, reduce, or postpone payment of fee
511281B Review of exercise of power by Registrar 512282 Contempt of
court 512283 Non-attendance or refusal to co-operate 512284
Witnesses allowances 513284A Security for costs [Repealed] 513285
Awarding costs 514286 Enforcing orders for costs 514287 Reference
of questions of law to High Court 515288 Privileges and immunities
515288A Information regarding reserved judgments 516288B Recusal
guidelines 516288C Judge may make order restricting commencement or
continuation
of proceeding516
288D Grounds for making section 288C order 517288E Terms of
section 288C order 517288F Procedure and appeals relating to
section 288C orders 517
Appeals, inquiries, and other proceedings before
EnvironmentCourt
289 Reply to appeal or request for inquiry [Repealed] 518290
Powers of court in regard to appeals and inquiries 518290AA Powers
of court in regard to certain appeals under clause 14 of
Schedule 1519
290A Environment Court to have regard to decision that is
subject ofappeal or inquiry
519
291 Other proceedings before court 519Courts powers in regard to
plans and policy statements
292 Remedying defects in plans 520293 Environment Court may
order change to proposed policy
statements and plans520
293A Determinations on recognition orders and agreements made
underMarine and Coastal Area (Takutai Moana) Act 2011
521
294 Review of decision by court 522Decisions of Environment
Court
295 Environment Court decisions are final 522296 No review of
decisions unless right of appeal or reference to
inquiry exercised523
297 Decisions of court to be in writing 523298 Documents
judicially noticed 523
Appeals from Environment Court decisions299 Appeal to High Court
on question of law 523300 Notice of appeal 524
Resource Management Act 1991Reprinted as at
14 September 2018
24
-
301 Right to appear and be heard on appeal 525302 Parties to the
appeal before the High Court 525303 Orders of the High Court 526304
Dismissal of appeal 526305 Additional appeals on questions of law
527306 Extension of time 527307 Date of hearing 527308 Appeals to
the Court of Appeal 527
Part 11AAct not to be used to oppose trade competitors
308A Identification of trade competitors and surrogates 528308B
Limit on making submissions 528308C Limit on representation at
appeals 529308CA Limit on representation at proceedings as party
under section 274 529308D Limit on appealing under this Act 529308E
Prohibition on using surrogate 529308F Surrogate must disclose
status 530308G Declaration that Part contravened 530308H Costs
orders if declaration made 531308I Proceedings for damages in High
Court 532
Part 12Declarations, enforcement, and ancillary powers
309 Proceedings to be heard by an Environment Judge
532Declarations
310 Scope and effect of declaration 533311 Application for
declaration 535312 Notification of application 535313 Decision on
application 536
Enforcement orders314 Scope of enforcement order 536315
Compliance with enforcement order 538316 Application for
enforcement order 539317 Notification of application 540318 Right
to be heard 540319 Decision on application 540320 Interim
enforcement order 541321 Change or cancellation of enforcement
order 542
Abatement notices322 Scope of abatement notice 542323 Compliance
with abatement notice 544324 Form and content of abatement notice
544325 Appeals 545
Reprinted as at14 September 2018 Resource Management Act
1991
25
-
325A Cancellation of abatement notice 547325B Restrictions on
certain applications for enforcement orders and
abatement notices548
Excessive noise326 Meaning of excessive noise 549327 Issue and
effect of excessive noise direction 549328 Compliance with an
excessive noise direction 550
Water shortage329 Water shortage direction 551
Emergency works330 Emergency works and power to take preventive
or remedial action 552330A Resource consents for emergency works
554330B Emergency works under Civil Defence Emergency
Management
Act 2002554
331 Reimbursement or compensation for emergency works 555Powers
of entry and search
332 Power of entry for inspection 556333 Power of entry for
survey 557334 Application for warrant for entry for search 557335
Direction and execution of warrant for entry for search 558
Return of property336 Return of property seized under sections
323 and 328 559337 Return of property seized under warrant
[Repealed] 560
Offences338 Offences against this Act 560339 Penalties 561339A
Protection against imprisonment for dumping and discharge
offences involving foreign ships562
339B Additional penalty for certain offences for commercial gain
563339C Amount of fine or other monetary penalty recoverable by
distress
and sale of ship or from agent563
340 Liability of principal for acts of agents 564341 Strict
liability and defences 565341A Liability and defences for dumping
and storage of waste or other
matter566
341B Liability and defences for discharging harmful substances
566342 Fines to be paid to local authority instituting prosecution
567343 Discharges from ships [Repealed] 567
Infringement offences343A Infringement offences 568
Resource Management Act 1991Reprinted as at
14 September 2018
26
-
343B Commission of infringement offence 568343C Infringement
notices 568343D Entitlement to infringement fees 569
Part 13Hazards Control Commission
[Repealed]344 Interpretation [Repealed] 569345 Purpose and
principles [Repealed] 569346 Establishment of Commission [Repealed]
570347 Functions of Commission [Repealed] 570348 Membership of
Commission [Repealed] 570349 Compliance with policy directions
[Repealed] 570350 Further provisions applying in respect of
Commission [Repealed] 570351 Regulations [Repealed] 570
Part 14Miscellaneous provisions
352 Service of documents 570352A Mode of service of summons on
master or owner of ship 572353 Notices and consents in relation to
Maori land 573354 Crowns existing rights to resources to continue
573355 Vesting of reclaimed land 574355AA Effect of Foreshore and
Seabed Act 2004 on vesting of
reclamations [Repealed]575
355AB Application for renewals [Repealed] 575355A Application
for consent to unlawful reclamation 575355B Enforcement powers
against unlawful reclamations 576356 Matters may be determined by
arbitration 576
Rights of objection357 Right of objection against certain
decisions 577357A Right of objection to consent authority against
certain decisions or
requirements578
357AB Objection under section 357A(1)(f) or (g) may be
considered byhearings commissioner
580
357B Right of objection in relation to imposition of additional
charges orrecovery of costs
580
357C Procedure for making and hearing objection under sections
357 to357B
580
357CA Powers of hearings commissioner considering objection
undersection 357A(1)(f) or (g)
581
357D Decision on objections made under sections 357 to 357B
582358 Appeals against certain decisions or objections 582
Reprinted as at14 September 2018 Resource Management Act
1991
27
-
359 Regional councils to pay rents, royalties, and other money
receivedinto Crown Bank Account
583
360 Regulations 583360A Regulations amending regional coastal
plans in relation to
aquaculture activities591
360B Conditions to be satisfied before regulations made under
section360A
591
360C Regional councils obligations 593360D Regulations that
prohibit or remove certain rules 593360E Procedures relevant to
making rules under section 360D 594360F Regulations relating to
administrative charges and other amounts 595360G Regulations
relating to fast-track applications 595360H Regulations relating to
notification of consent applications 596361 Repeals and revocations
597362 Consequential amendments 597363 Conflicts with special Acts
597
Part 15Transitional provisions
364 Application of this Part 598365 Meaning of permission 598366
Effect of this Act on existing schemes, consents, etc 599367 Effect
of regional planning schemes 600
Transitional regional plans368 Existing notices, bylaws, etc, to
become regional plans 600369 Provisions deemed to be regional rules
601
Transitional regional coastal plans370 Existing notices, bylaws,
etc, to become regional coastal plans 604371 Provisions deemed to
be regional rules 605372 Power of Minister of Conservation to give
directions relating to
restricted coastal activities606
Transitional district plans373 Existing district and maritime
schemes to become district plans 608374 Provisions deemed to be
district rules 609375 Transitional provisions for public utilities
610
Provisions relating to all plans376 Transitional plans to be
notified and available 611377 Obligation to review transitional
plans 612378 Proceedings in relation to plans 612379 Declarations
614
Transitional notices, directions, etc380 Existing notices which
continue in effect 614
Resource Management Act 1991Reprinted as at
14 September 2018
28
-
381 Existing notices deemed to be abatement notices 614382
Existing direction deemed to be excessive noise direction 615382A
Return of property seized under Noise Control Act 1982 615
Transitional resource consents383 Existing permissions to become
land use consents 615383A Existing permissions to allow use of beds
of lakes and rivers 615384 Existing permissions to become coastal
permits 616384A Right of port companies to occupy coastal marine
area 617385 Existing clean air permissions to become discharge
permits 619386 Existing rights and authorities under Water and Soil
Conservation
Act 1967620
387 Existing geothermal licences and authorisations deemed to
bewater permits
622
388 Requirement to supply information 624389 Existing
applications 624390 Application being heard 625390A Appeals 625390B
Date on which application deemed to be made 626390C Dealing with
applications for permissions 627390D Timing for renewals 627391
Applications for licences and approvals under Clean Air Act 1972
628391A Resource consents following approval under Clean Air Act
1972 629392 Provisions of Clean Air Act 1972 may be considered
on
applications for resource consents for discharging
contaminantsinto the air [Expired]
630
393 Applications for Orders in Council to reclaim land and
approvalfor harbour works
630
394 Transitional provisions relating to setting aside of
esplanadereserves on reclamation [Repealed]
632
395 Applications for works, etc, in coastal marine area
[Repealed] 632396 Applications for marine farming in coastal marine
area [Repealed] 632396A Notification of lapsing, cancellation, or
surrender of coastal permit
for marine farming [Repealed]632
396B Notification of rule change affecting marine farming
[Repealed] 632397 Existing applications for marine farming leases
[Repealed] 633398 Regional councils not to accept applications for
coastal permits in
areas notified by Minister of Fisheries [Repealed]633
399 Applications received on same day 633400 Applications under
Marine Farming Act 1971 for prohibited
anchorages, etc633
401 Conditions of deemed resource consents 634401A Transitional
coastal occupation charges 634401B Obligation to pay coastal
occupation charge deemed condition of
consent635
Reprinted as at14 September 2018 Resource Management Act
1991
29
-
Subdivision and development402 Existing subdivision approvals
635403 Existing objections and appeals in relation to subdivisions
636404 Existing applications for approval 636405 Transitional
provisions for subdivisions 636405A Transitional provisions for
esplanade reserves where land
subdivided or road stopped637
406 Grounds of refusal of subdivision consent 639407 Subdivision
consent conditions 639408 Existing approvals for unit plans, cross
lease plans, and company
lease plans640
409 Financial contributions for developments 641410 Existing
developments 642411 Restriction on imposition of conditions as to
financial
contributions642
412 Expiry of certain sections [Repealed] 642Current mining
privileges relating to water
413 Current mining privileges to become deemed permits 643414
Deemed permits to be subject to regional rules 645415 Acquisition
of deemed permits 646416 Compensation 647417 Permits over land
other than that of holders to be produced in Land
Transfer Office648
Existing uses417A Uses of lakes and rivers not restricted by
section 9 649418 Certain existing permitted uses may continue
651419 Certain discharges affected by water classifications 655420
Designations and requirements continued 656421 Protection notices
to become heritage orders 657422 Procedure for requirements for
designations and protection notices 658423 National water
conservation orders 660
Miscellaneous provisions424 Savings as to bylaws 661425 Leases,
licences, and other authorities under Harbours Act 1950 664425A
Functions and powers in respect of activities on or in Lake Taupo
664426 Leases and licences executed under Marine Farming Act
1971
[Repealed]665
427 Deemed transfer of powers to former public bodies 665428
Environment Court 668429 Savings as to compensation claims 669430
Savings as to court proceedings 669
Resource Management Act 1991Reprinted as at
14 September 2018
30
-
431 Obligation to prepare draft New Zealand coastal policy
statementwithin 1 year
670
432 Obligation to prepare regional policy statements and coastal
planswithin 2 years
670
433 Collection of water management charges 670Part 16
Transitional provisions for amendments made on or
aftercommencement of Resource Management Amendment Act
2013[Repealed]
434 Transitional provisions for amendments made on or
aftercommencement of Resource Management Amendment Act
2013[Repealed]
671
Schedule 1Preparation, change, and review of policy statements
and plans
672
Schedule 1AAIncorporation of documents by reference in
national
environmental standards, national policy statements, and
NewZealand coastal policy statements
743
Schedule 1APreparation and change of regional coastal plans
providing for
aquaculture activities[Repealed]
746
Schedule 2Matters that may be provided for in policy statements
and
plans[Repealed]
746
Schedule 3Water quality classes
747
Schedule 4Information required in application for resource
consent
750
Schedule 5Provisions applying in respect of the Hazards
Control
Commission[Repealed]
754
Schedule 6Enactments repealed
755
Schedule 7Regulations and orders revoked
758
Reprinted as at14 September 2018 Resource Management Act
1991
31
-
Schedule 8Enactments amended
759
Schedule 9Special Acts under which local authorities and other
public
bodies exercise functions, powers, and duties
764
Schedule 10Requirements for instruments creating esplanade
strips and
access strips
766
Schedule 11Acts that include statutory acknowledgements
769
Schedule 12Transitional, savings, and related provisions
774
An Act to restate and reform the law relating to the use of
land, air, and water
1 Short Title and commencement(1) This Act may be cited as the
Resource Management Act 1991.(2) Except as provided in subsection
(3), this Act shall come into force on 1 Octo-
ber 1991.(3) [Repealed]
Section 1(3): repealed, on 2 July 2001, by section 149 of the
Hazardous Substances and New Organ-isms Act 1996 (1996 No 30).
Part 1Interpretation and application
2 Interpretation(1) In this Act, unless the context otherwise
requires,
abatement notice means a notice served under section 322access
strip means a strip of land created by the registration of an
easement inaccordance with section 237B for the purpose of allowing
public access to oralong any river, or lake, or the coast, or to
any esplanade reserve, esplanadestrip, other reserve, or land owned
by the local authority or by the Crown (butexcluding all land held
for a public work except land held, administered, ormanaged under
the Conservation Act 1987 and the Acts named in Schedule 1of that
Act)accommodated activity has the meaning given in section 9(1) of
the Marineand Coastal Area (Takutai Moana) Act 2011accredited means
to hold a qualification approved and notified under section39A
s 1 Resource Management Act 1991Reprinted as at
14 September 2018
32
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM385160http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM107200http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146
-
adverse effects assessment means an assessment carried out(a) by
the Minister of Conservation under Part 1 of Schedule 12; or(b) by
a regional council under section 17B(1)(a), in accordance with Part
2
of Schedule 12adverse effects report means a written report
prepared(a) by the Minister of Conservation in accordance with Part
1 of Schedule
12; or(b) by a regional council under section 17B(1)(b), in
accordance with Part 2
of Schedule 12agent or agent of the ship, in relation to a ship,
means(a) any agent in New Zealand of the owner of the ship; or(b)
any agent of the shipagreement has the meaning given in section
9(1) of the Marine and CoastalArea (Takutai Moana) Act 2011aircraft
means any machine that can derive support in the atmosphere from
thereactions of the air otherwise than by reactions of the air
against the surface ofthe earthairport means any defined area of
land or water intended or designed to beused, whether wholly or
partly, for the landing, departure, movement, or servic-ing of
aircraftallotment has the meaning set out in section 218amenity
values means those natural or physical qualities and
characteristics ofan area that contribute to peoples appreciation
of its pleasantness, aestheticcoherence, and cultural and
recreational attributesapplicant,(a) in sections 37A, 40, 41B, 41C,
and 42A means
(i) for the purposes of a review of consent conditions, the
consentholder; or
(ii) for any matter described in section 39(1) except for
section39(1)(c), the person who initiates the matter:
(b) in section 96, means the person who(i) initiates a matter
described in section 39(1)(b) or (d); or(ii) holds a resource
consent referred to in section 39(1)(c); or(iii) initiates a
requirement for a designation:
(c) in Part 6AA, has the meaning given in section 141aquaculture
activities(a) means any activity described in section 12 done for
the purpose of the
breeding, hatching, cultivating, rearing, or ongrowing of fish,
aquatic
Reprinted as at14 September 2018 Resource Management Act 1991
Part 1 s 2
33
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146
-
life, or seaweed for harvest if the breeding, hatching,
cultivating, rearing,or ongrowing involves the occupation of a
coastal marine area; and
(b) includes the taking of harvestable spat if the taking
involves the occupa-tion of a coastal marine area; but
(c) does not include an activity specified in paragraph (a) if
the fish, aquaticlife, or seaweed(i) are not in the exclusive and
continuous possession or control of
the person undertaking the activity; or(ii) cannot be
distinguished or kept separate from naturally occurring
fish, aquatic life, or seaweed; and(d) does not include an
activity specified in paragraph (a) or (b) if the activ-
ity is carried out solely for the purpose of monitoring the
environmentaquatic life has the same meaning as in section 2(1) of
the Fisheries Act 1996bed means,(a) in relation to any river
(i) for the purposes of esplanade reserves, esplanade strips,
and sub-division, the space of land which the waters of the river
cover atits annual fullest flow without overtopping its banks:
(ii) in all other cases, the space of land which the waters of
the rivercover at its fullest flow without overtopping its banks;
and
(b) in relation to any lake, except a lake controlled by
artificial means,(i) for the purposes of esplanade reserves,
esplanade strips, and sub-
division, the space of land which the waters of the lake cover
at itsannual highest level without exceeding its margin:
(ii) in all other cases, the space of land which the waters of
the lakecover at its highest level without exceeding its margin;
and
(c) in relation to any lake controlled by artificial means, the
space of landwhich the waters of the lake cover at its maximum
permitted operatinglevel; and
(d) in relation to the sea, the submarine areas covered by the
internal watersand the territorial sea
benefits and costs includes benefits and costs of any kind,
whether monetaryor non-monetarybest practicable option, in relation
to a discharge of a contaminant or an emis-sion of noise, means the
best method for preventing or minimising the adverseeffects on the
environment having regard, among other things, to(a) the nature of
the discharge or emission and the sensitivity of the receiv-
ing environment to adverse effects; and
Part 1 s 2 Resource Management Act 1991Reprinted as at
14 September 2018
34
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199
-
(b) the financial implications, and the effects on the
environment, of thatoption when compared with other options;
and
(c) the current state of technical knowledge and the likelihood
that theoption can be successfully applied
biological diversity means the variability among living
organisms, and theecological complexes of which they are a part,
including diversity within spe-cies, between species, and of
ecosystemsboundary activity and boundary rule have the meanings
given in section87AABcertificate of compliance means a certificate
granted by a consent authority orthe Environmental Protection
Authority under section 139change has the meaning given in section
43AAclimate change means a change of climate that is attributed
directly or indi-rectly to human activity that alters the
composition of the global atmosphereand that is in addition to
natural climate variability observed over comparabletime
periodscoastal marine area means the foreshore, seabed, and coastal
water, and theair space above the water(a) of which the seaward
boundary is the outer limits of the territorial sea:(b) of which
the landward boundary is the line of mean high water springs,
except that where that line crosses a river, the landward
boundary at thatpoint shall be whichever is the lesser of(i) 1
kilometre upstream from the mouth of the river; or(ii) the point
upstream that is calculated by multiplying the width of
the river mouth by 5coastal permit has the meaning set out in
section 87(c)coastal water means seawater within the outer limits
of the territorial sea andincludes(a) seawater with a substantial
fresh water component; and(b) seawater in estuaries, fiords,
inlets, harbours, or embaymentscollaborative group has the meaning
given in clause 36 of Schedule 1collaborative planning process
means the process by which a proposed policystatement or plan is
prepared or changed in accordance with Part 4 of Schedule1combined
document means any instrument for which section 80 makes
provi-sioncommercial fishing has the same meaning as in section
2(1) of the FisheriesAct 1996
Reprinted as at14 September 2018 Resource Management Act 1991
Part 1 s 2
35
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199
-
common marine and coastal area has the meaning given in section
9(1) ofthe Marine and Coastal Area (Takutai Moana) Act 2011company
lease means a lease or licence or other right of occupation of
anybuilding or part of any building on, or to be erected on, any
land(a) that is granted by a company owning an estate or interest
in the land; and(b) that is held by a person by virtue of being a
shareholder in the com-
pany,and includes a licence within the meaning of section 121A
of the Land TransferAct 1952completion certificate means a
certificate issued under section 222conditions, in relation to
plans and resource consents, includes terms, stand-ards,
restrictions, and prohibitionsconsent authority means a regional
council, a territorial authority, or a localauthority that is both
a regional council and a territorial authority, whose per-mission
is required to carry out an activity for which a resource consent
isrequired under this Actconsent notice means a notice issued under
section 221constable has the meaning given in section 4 of the
Policing Act 2008contaminant includes any substance (including
gases, odorous compounds,liquids, solids, and micro-organisms) or
energy (excluding noise) or heat, thateither by itself or in
combination with the same, similar, or other substances,energy, or
heat(a) when discharged into water, changes or is likely to change
the physical,
chemical, or biological condition of water; or(b) when
discharged onto or into land or into air, changes or is likely
to
change the physical, chemical, or biological condition of the
land or aironto or into which it is discharged
contaminated land means land that has a hazardous substance in
or on itthat(a) has significant adverse effects on the environment;
or(b) is reasonably likely to have significant adverse effects on
the environ-
mentcontravene includes fail to comply withcontrolled activity
means an activity described in section 87A(2)cross lease means a
lease of any building or part of any building on, or to beerected
on, any land(a) that is granted by any owner of the land; and(b)
that is held by a person who has an estate or interest in an
undivided
share in the land
Part 1 s 2 Resource Management Act 1991Reprinted as at
14 September 2018
36
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM271056http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1102132
-
Crown organisation has the same meaning as in section 4 of the
CrownOrganisations (Criminal Liability) Act 2002customary marine
title area has the meaning given in section 9(1) of the Mar-ine and
Coastal Area (Takutai Moana) Act 2011customary marine title group
has the meaning given in section 9(1) of theMarine and Coastal Area
(Takutai Moana) Act 2011customary marine title order has the
meaning given in section 9(1) of theMarine and Coastal Area
(Takutai Moana) Act 2011designation has the meaning set out in
section 166determination has the same meaning as in section 2(1) of
the Fisheries Act1996development capacity has the meaning given in
section 30(5)Director of Maritime New Zealand or Director means the
person for the timebeing holding the office of Director of Maritime
New Zealand under section439 of the Maritime Transport Act
1994discharge includes emit, deposit, and allow to escapedischarge
permit has the meaning set out in section 87(e)discretionary
activity means an activity described in section 87A(4)district, in
relation to a territorial authority,(a) means the district of the
territorial authority as defined in accordance
with the Local Government Act 2002 but, except as provided in
para-graph (b), does not include any area in the coastal marine
area:
(b) includes, for the purposes of section 89, any area in the
coastal marinearea
district plan has the meaning given in section 43AAdistrict rule
has the meaning given in section 43AABdumping means,(a) in relation
to waste or other matter, its deliberate disposal; and(b) in
relation to a ship, an aircraft, or an offshore installation, its
deliberate
disposal or abandonment;but does not include the disposal of
waste or other matter incidental to, orderived from, the normal
operations of a ship, aircraft, or offshore installation,if those
operations are prescribed as the normal operations of a ship,
aircraft, oroffshore installation, or if the purpose of those
operations does not include thedisposal, or the treatment or
transportation for disposal, of that waste or othermatter; and to
dump and dumped have corresponding meaningsdwellinghouse means any
building, whether permanent or temporary, that isoccupied, in whole
or in part, as a residence; and includes any structure or out-door
living area that is accessory to, and used wholly or principally
for the pur-
Reprinted as at14 September 2018 Resource Management Act 1991
Part 1 s 2
37
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM156449http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338836http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338836http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM170872
-
poses of, the residence; but does not include the land upon
which the residenceis sitedemployee includes,(a) in relation to a
Crown organisation, the chief executive or principal offi-
cer (however described) of the organisation; and(b) in relation
to the New Zealand Defence Force, a member of the Armed
Forces (as defined in section 2(1) of the Defence Act
1990)enforcement officer means any person authorised under section
38enforcement order means an order made under section 319 for any
of the pur-poses set out in section 314; and includes an interim
enforcement order madeunder section 320environment includes(a)
ecosystems and their constituent parts, including people and
communi-
ties; and(b) all natural and physical resources; and(c) amenity
values; and(d) the social, economic, aesthetic, and cultural
conditions which affect the
matters stated in paragraphs (a) to (c) or which are affected by
thosematters
Environment Court and court means the Environment Court referred
to insection 247Environmental Protection Authority or EPA means the
Environmental Pro-tection Authority established by section 7 of the
Environmental ProtectionAuthority Act 2011esplanade reserve means a
reserve within the meaning of the Reserves Act1977(a) which is
either
(i) a local purpose reserve within the meaning of section 23 of
thatAct, if vested in the territorial authority under section 239;
or
(ii) a reserve vested in the Crown or a regional council under
section237D; and
(b) which is vested in the territorial authority, regional
council, or the Crownfor a purpose or purposes set out in section
229
esplanade strip means a strip of land created by the
registration of an instru-ment in accordance with section 232 for a
purpose or purposes set out in sec-tion 229excessive noise has the
meaning set out in section 326existing use certificate means a
certificate issued under section 139A
Part 1 s 2 Resource Management Act 1991Reprinted as at
14 September 2018
38
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM204978http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3366850http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444304http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444304http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444626
-
exploration has the same meaning as in the Crown Minerals Act
1991fast-track application has the meaning given in section
87AACfish has the same meaning as in section 2(1) of the Fisheries
Act 1996fisheries resources has the same meaning as in section 2(1)
of the FisheriesAct 1996fishing has the same meaning as in section
2(1) of the Fisheries Act 1996foreshore means any land covered and
uncovered by the flow and ebb of thetide at mean spring tides and,
in relation to any such land that forms part of thebed of a river,
does not include any area that is not part of the coastal
marineareafresh water means all water except coastal water and
geothermal watergeothermal energy means energy derived or derivable
from and producedwithin the earth by natural heat phenomena; and
includes all geothermal watergeothermal water means water heated
within the earth by natural phenomenato a temperature of 30 degrees
Celsius or more; and includes all steam, water,and water vapour,
and every mixture of all or any of them that has been heatedby
natural phenomenagreenhouse gas has the meaning given to it in
section 4(1) of the ClimateChange Response Act 2002harmful
substance means any substance prescribed by regulations as a
harm-ful substance for the purposes of this definitionharvestable
spat has the same meaning as in section 2(1) of the Fisheries
Act1996hazardous substance includes, but is not limited to, any
substance defined insection 2 of the Hazardous Substances and New
Organisms Act 1996 as a haz-ardous substanceheritage order has the
meaning set out in section 187heritage protection authority has the
meaning set out in section 187historic heritage(a) means those
natural and physical resources that contribute to an under-
standing and appreciation of New Zealands history and cultures,
deriv-ing from any of the following qualities:(i)
archaeological:(ii) architectural:(iii) cultural:(iv) historic:(v)
scientific:(vi) technological; and
Reprinted as at14 September 2018 Resource Management Act 1991
Part 1 s 2
39
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM242535http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM158592http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394199http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM382730
-
(b) includes(i) historic sites, structures, places, and areas;
and(ii) archaeological sites; and(iii) sites of significance to
Mori, including whi tapu; and(iv) surroundings associated with the
natural and physical resources
incineration, in relation to waste or other matter, means its
deliberate combus-tion for the purpose of its thermal destruction;
and to incinerate and inciner-ated have corresponding
meaningsindustrial or trade premises means(a) any premises used for
any industrial or trade purposes; or(b) any premises used for the
storage, transfer, treatment, or disposal of
waste materials or for other waste-management purposes, or used
forcomposting organic materials; or
(c) any other premises from which a contaminant is discharged in
connec-tion with any industrial or trade process;
but does not include any production landindustrial or trade
process includes every part of a process from the receipt ofraw
material to the dispatch or use in another process or disposal of
any prod-uct or waste material, and any intervening storage of the
raw material, partlyprocessed matter, or productinfrastructure
means(a) pipelines that distribute or transmit natural or
manufactured gas, petrol-
eum, biofuel, or geothermal energy:(b) a network for the purpose
of telecommunication as defined in section 5
of the Telecommunications Act 2001:(c) a network for the purpose
of radiocommunication as defined in section
2(1) of the Radiocommunications Act 1989:(d) facilities for the
generation of electricity, lines used or intended to be
used to convey electricity, and support structures for lines
used or inten-ded to be used to convey electricity, excluding
facilities, lines, and sup-port structures if a person(i) uses them
in connection with the generation of electricity for the
persons use; and(ii) does not use them to generate any
electricity for supply to any
other person:(e) a water supply distribution system, including a
system for irrigation:(f) a drainage or sewerage system:
Part 1 s 2 Resource Management Act 1991Reprinted as at
14 September 2018
40
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM124974http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM195581http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM195581
-
(g) structures for transport on land by cycleways, rail, roads,
walkways, orany other means:
(h) facilities for the loading or unloading of cargo or
passengers transportedon land by any means:
(i) an airport as defined in section 2 of the Airport
Authorities Act 1966:(j) a navigation installation as defined in
section 2 of the Civil Aviation Act
1990:(k) facilities for the loading or unloading of cargo or
passengers carried by
sea, including a port related commercial undertaking as defined
in sec-tion 2(1) of the Port Companies Act 1988:
(l) anything described as a network utility operation in
regulations made forthe purposes of the definition of network
utility operator in section 166
infringed boundary, in relation to a boundary activity, has the
meaning givenin section 87AABinterim enforcement order means an
order made under section 320internal waters has the same meaning as
in section 4 of the Territorial Sea,Contiguous Zone, and Exclusive
Economic Zone Act 1977intrinsic values, in relation to ecosystems,
means those aspects of ecosystemsand their constituent parts which
have value in their own right, including(a) their biological and
genetic diversity; and(b) the essential characteristics that
determine an ecosystems integrity,
form, functioning, and resilienceiwi authority means the
authority which represents an iwi and which is recog-nised by that
iwi as having authority to do soiwi participation legislation has
the meaning given in section 58Ljoint management agreement means an
agreement that(a) is made by a local authority with 1 or more
(i) public authorities, as defined in paragraph (b) of the
definition ofpublic authority:
(ii) iwi authorities or groups that represent hapu; and(b)
provides for the parties to the joint management agreement jointly
to
perform or exercise any of the local authoritys functions,
powers, orduties under this Act relating to a natural or physical
resource; and
(c) specifies the functions, powers, or duties; and(d) specifies
the natural or physical resource; and(e) specifies whether the
natural or physical resource is in the whole of the
region or district or part of the region or district; and
Reprinted as at14 September 2018 Resource Management Act 1991
Part 1 s 2
41
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM379829http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM214692http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM131688http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM131688http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM442667
-
(f) may require the parties to the joint management agreement to
perform orexercise a specified function, power, or duty together;
and
(g) if paragraph (f) applies, specifies how the parties to the
joint manage-ment agreement are to make decisions; and
(h) may specify any other terms or conditions relevant to the
performance orexercise of the functions, powers, or duties,
including but not limited toterms or conditions for liability and
funding
kaitiakitanga means the exercise of guardianship by the tangata
whenua of anarea in accordance with tikanga Maori in relation to
natural and physicalresources; and includes the ethic of
stewardshiplake means a body of fresh water which is entirely or
nearly surrounded bylandland(a) includes land covered by water and
the airspace above land; and(b) in a national environmental
standard dealing with a regional council
function under section 30 or a regional rule, does not include
the bed ofa lake or river; and
(c) in a national environmental standard dealing with a
territorial authorityfunction under section 31 or a district rule,
includes the surface of waterin a lake or river
land use consent has the meaning set out in section 87(a)lawyer
has the meaning given to it by section 6 of the Lawyers and
Convey-ancers Act 2006local authority means a regional council or
territorial authoritylocal board has the same meaning as in section
5(1) of the Local GovernmentAct 2002maataitai means food resources
from the sea and mahinga maataitai meansthe areas from which these
resources are gatheredMana Whakahono a Rohe means an iwi
participation arrangement enteredinto under subpart 2 of Part 5mana
whenua means customary authority exercised by an iwi or hapu in
anidentified areamarine and coastal area has the meaning given in
section 9(1) of the Marineand Coastal Area (Takutai Moana) Act
2011marine incineration facility has the same meaning as in section
257 of theMaritime Transport Act 1994Maritime New Zealand means the
authority continued by section 429 of theMaritime Transport Act
1994
Part 1 s 2 Resource Management Act 1991Reprinted as at
14 September 2018
42
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM364948http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM170881http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3213146http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337352http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338397
-
master in relation to any ship, has the same meaning as in
section 2(1) of theMaritime Transport Act 1994mineral has the same
meaning as in section 2(1) of the Crown Minerals Act1991mining has
the same meaning as in the Crown Minerals Act 1991Minister means
the Minister for the EnvironmentMinister of Aquaculture means the
Minister who, under the authority of anywarrant or under the
authority of the Prime Minister, has overall responsibilityfor
aquacultureMinister of Fisheries has the same meaning as Minister
in the Fisheries Act1996mouth, for the purpose of defining the
landward boundary of the coastal mar-ine area, means the mouth of
the river either(a) as agreed and set between the Minister of
Conservation, the regional
council, and the appropriate territorial authority in the period
betweenconsultation on, and notification of, the proposed regional
coastal plan;or
(b) as declared by the Environment Court under section 310 upon
applica-tion made by the Minister of Conservation, the regional
council, or theterritorial authority prior to the plan becoming
operative,
and once so agreed and set or declared shall not be changed in
accordance withSchedule 1 or otherwise varied, altered, questioned,
or reviewed in any wayuntil the next review of the regional coastal
plan, unless the Minister of Con-servation, the regional council,
and the appropriate territorial authority agreenational
environmental standard means a standard prescribed by
regulationsmade under section 43national planning standard means
any of the national planning standardsapproved under section
58Enational policy statement means a statement issued under section
52natural and physical resources includes land, water, air, soil,
minerals, andenergy, all forms of plants and animals (whether
native to New Zealand orintroduced), and all structuresnatural
hazard means any atmospheric or earth or water related
occurrence(including earthquake, tsunami, erosion, volcanic and
geothermal activity,landslip, subsidence, sedimentation, wind,
drought, fire, or flooding) the actionof which adversely affects or
may adversely affect human life, property, orother aspects of the
environmentnetwork utility operator has the meaning set out in
section 166New Zealand coastal policy statement means a statement
issued under sec-tion 57
Reprinted as at14 September 2018 Resource Management Act 1991
Part 1 s 2
43
http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM335335http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM246007http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM242535http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191