New Zealand Acts

RESOURCE MANAGEMENT AMENDMENT ACT 2005

- As at 24 October 2019
- Act 87 of 2005

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement
   3.      Purpose
   4.      Interpretation
   5.      Certain existing uses in relation to land protected
   6.      Functions of Minister for the Environment
   7.      New section 24A inserted
   8.      New section 25A inserted
   9.      New section 27 substituted
   10.     Delegation of functions by Ministers
   11.     Functions of regional councils under this Act
   12.     Functions of territorial authorities under this Act
   13.     Consideration of alternatives, benefits, and costs
   14.     Delegation of powers and functions to employees and other persons
   15.     Duty to gather information, monitor, and keep records
   16.     New section 35A inserted
   17.     Administrative charges
   18.     New headings and sections 36A to 36E inserted
   19.     Persons to have powers of consent authority for purposes of sections 37 and 37A
   20.     Hearings to be public and without unnecessary formality
   21.     New section 39A inserted
   22.     New section 39B inserted
   23.     New section 39C inserted
   24.     Provisions relating to hearings
   25.     New sections 41A to 41C inserted
   26.     Reports to local authorities
   27.     Regulations prescribing national environmental standards
   28.     Additional powers to implement national environmental standards
   29.     New sections 43B to 43G substituted
   30.     Restriction on power to make regulations prescribing national environmental standards
   31.     Proposed national policy statement
   32.     New section 46A inserted
   33.     New section 46B inserted
   34.     Changes to or review or revocation of national policy statements
   35.     Local authority recognition of national policy statements
   36.     Preparation of New Zealand coastal policy statements
   37.     Contents of New Zealand coastal policy statements
   38.     New section 58A inserted
   39.     Preparation and change of other regional plans
   40.     Matters to be considered by regional council
   41.     New section 67 substituted
   42.     Regional rules
   43.     Implementation of regulations made under section 43
   44.     Preparation and change of district plans
   45.     Matters to be considered by territorial authority
   46.     New section 75 substituted
   47.     District rules
   48.     Types of activities
   49.     Circumstances when further review required
   50.     Making an application
   51.     New sections 88B and 88C substituted
   52.     Further information may be required
   53.     New sections 92A and 92B inserted
   54.     Forming opinion as to whether adverse effects are minor or more than minor
   55.     Making of submissions
   56.     Time limit for submissions
   57.     Heading amended and new section 99 substituted
   58.     New section 99A inserted
   59.     Consideration of applications
   60.     Determination of applications for controlled activities
   61.     Implementation of regulations made under section 43
   62.     Decisions on applications to be in writing, etc
   63.     When resource consent commences
   64.     Application to carry out a restricted coastal activity
   65.     Right to appeal
   66.     New section 124 substituted
   67.     New sections 124A to 124C inserted
   68.     Lapsing of consents
   69.     Cancellation of consent
   70.     Change or cancellation of consent condition on application by consent holder
   71.     Circumstances when consent conditions can be reviewed
   72.     Notice of review
   73.     New section 133A inserted
   74.     Transferability of water permits
   75.     New section 137 substituted
   76.     New heading substituted
   77.     Consent authorities to grant certificates of compliance
   78.     New section 139A inserted
   79.     New heading and new sections 140 to 141C substituted
   80.     New sections 142 to 147 substituted
   81.     New sections 148 to 149B inserted
   82.     New section 150 substituted
   83.     New section 150AA inserted
   84.     Publication, etc, of Order in Council
   85.     Plan may specify allocation methods
   86.     Preferential rights of iwi
   87.     Excluded areas
   88.     Invitation to request change to regional coastal plan or proposed regional coastal plan
   89.     Further information, public notification, submissions, and hearing
   90.     Lapsing of designations which have not been given effect to
   91.     Further information, public notification, submissions, and hearing
   92.     Territorial authority to issue a consent notice
   93.     Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
   94.     Transfers to the Crown or regional council
   95.     New section 251A inserted
   96.     Registrar and other officers
   97.     Protection from legal proceedings
   98.     Additional dispute resolution
   99.     Representation at proceedings
   100.    Evidence
   101.    Environment Court has powers of District Court
   102.    Powers of Environment Commissioner sitting without Environment Judge
   103.    Waivers and directions
   104.    New sections 281A and 281B inserted
   105.    Reference of questions of law to High Court
   106.    New section 290A inserted
   107.    New section 293 substituted
   108.    No review of decisions unless right of appeal or reference to inquiry exercised
   109.    Notice of appeal
   110.    Right to appear and be heard on appeal
   111.    Parties to the appeal before the High Court
   112.    Orders of the High Court
   113.    Additional appeals on points of law
   114.    Date of hearing
   115.    Scope and effect of declaration
   116.    Notification of application
   117.    Decision on application
   118.    Cancellation of abatement notice
   119.    Meaning of excessive noise
   120.    Emergency works and power to take preventive or remedial action
   121.    Resource consents for emergency works
   122.    Mode of service of summons on master or owner of ship
   123.    Matters may be determined by arbitration
   124.    Objections to certain decisions and requirements of consent authorities
   125.    Appeals against certain decisions or objections
   126.    Provisions deemed to be regional rules
   127.    Regulations
   128.    Transitional provisions for public utilities
   129.    Schedules 1 and 4 amended
   130.    New Schedule 1AA inserted
   131.    Transitional provisions relating to provisions of principal Act
   132.    Transitional provisions relating to Resource Management (Waitaki Catchment) Amendment Act 2004
   133.    Transitional provision for service of notice
   134.    Transitional provision on allocation plans
   135.    Transitional provisions relating to regulations made under provisions of principal Act
           SCHEDULE 1
           SCHEDULE 2