BILLS DIGEST
RESOURCE MANAGEMENT AND ELECTRICITY LEGISLATION
AMENDMENT BILL 2004
(SUPPLEMENTARY ORDER PAPERS 2005 Nos 388 and 389 (Government))
Date of Release: 03 August 2005
Bills Digest No. 1298
NEW ZEALAND PARLIAMENTARY LIBRARY
Bills Digest No. 1298
Published by the Parliamentary Library
Parliament Buildings, Wellington
New Zealand.
03 August 2005
Prepared by John McSoriley BA LL.B, Barrister
Legislative Analyst
Ph. (04) 471-9626 (Ext. 9626)
Fax (04) 471-1250
Caution
This Digest was prepared to assist consideration of the Bill by
members of Parliament. It has no official status.
Although every effort has been made to ensure accuracy, it
should not be taken as a complete or authoritative guide to the
Bill. Other sources should be consulted to determine the
subsequent official status of the Bill.
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NZ Parliamentary Library, Bills Digest No. 1298
1
RESOURCE MANAGEMENT AND ELECTRICITY LEGISLATION
AMENDMENT BILL 2004
(SUPPLEMENTARY ORDER PAPER 2005 Nos 388 and 389 (Government))
Date of introduction:
02 December 2004
Portfolio:
Environment
Select Committee:
Local Government and Environment
Date report presented:
20 June 2005
SOP No 388 released:
03 August 2005
SOP No 388 released by:
Hon David Benson-Pope
SOP No 389 released:
03 August 2005
SOP No 389 released by:
Hon David Benson-Pope
PURPOSE
The main purpose of the Bill is to improve the operation of the Resource Management
Act 1991 (the Act) by improving the quality of decisions and processes made under
that Act.
The Bill as introduced is described in Bills Digest No 1196.
The Bill as reported from the Select Committee is described in Bills Digest No 1288.
MAIN CHANGES PROPOSED
Supplementary Order Paper 2005 No 388
Splitting of the Bill
SOP 388 proposes the splitting of the Bill into two Bills the Resource Management
Amendment Bill 2005 and the Electricity Amendment Bill 2005
Supplementary Order Paper 2005 No 389
Supplementary Order Paper 389 proposes a large number of minor technical,
consequential and drafting amendments to the Bill. The following appear to be the
more substantive amendments proposed.
Court’s power to make declarations in relation to notification
The Bill enables the Environment Court to make declarations in respect of consent
authority decisions to notify or not to notify resource consent applications.
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SOP 389 proposes that the provision in the Bill allowing for this to come into effect
on a date to be appointed by the Governor-General by Order in Council be changed so
that the provision will come into force on the day after the date on which the Bill
receives the Royal assent (i.e. immediately on the Bills passing) (Clause 2(3)
amendment of paragraph (c) by deleting reference to “[Clause] 83B” of the Bill).
Definition of “infrastructure”
SOP 389 proposes the inclusion of infrastructure associated with railways in the
definition of “infrastructure” (Part 1, Clause 5, amendment to the definition of
“infrastructure”).
Power of Minister to investigate and recommend
The Bill provides for ministerial powers to investigate the exercise or performance by
a local authority of any of its functions, powers or duties under the Act, to make
recommendations to the local authority on those things, and to direct the local
authority if the recommendations are not acted on.
SOP 389 proposes the following additional powers for the Minister for the
Environment in this context:
•
to investigate the failure or omission by a local authority to exercise or
perform any of its functions, powers and duties under the Act; and
•
to make recommendations to the local authority on its failure or omission to
exercise or perform those functions, powers, or duties (Part 1, Clause 6, New
Clause 24A, inserting new paragraphs (ba) and (bb)).
Duty to keep records about iwi and hapu
The Bill requires councils to keep a public register of iwi authorities and their rohe
(district/regions). The register must include contact details and a list of current iwi
planning documents.
SOP 389 proposes that iwi authorities and groups that are recognised by a hapu as
representing that hapu on issues relating to the Resource Management Act 1991 be
included in the register. It is also proposed that local authorities be able to add, in this
context, to the information provided to the local authority by the Crown. References
to the Maori Land Court and Te Ture Whenua Maori Act 1993 are also deleted (Part
1, Clause 13, (amending New Section 35A of the Resource Management Act 1991),
Clause 15 (substituted New Section 36B(1)(b)(i) of the Resource Management Act
1991 (relating to joint management agreements), and Schedule 1 of the Bill).
A national environment standard and a designation over existing works
SOP 389 proposes that where a designation, which is otherwise subject to a national
environment standard, is created over existing works those works are not required to
comply with that national environment standard (Part 1, Clause 21, substituted New
Section 43D of the Resource Management Act 1991).
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Recognition of foreshore and seabed management plan
SOP 389 proposes that the Bill require a regional council to commence a review of its
regional policy statement and its regional plans to the extent that is necessary to
recognise and provide for the foreshore and seabed reserve management plan, rather
that as part of a full review of its regional policy statement and all its plans (Part 1,
insertion of New Clause 34A into the Bill (amending Section 79A of the Resource
Management Act 1991).
Consent authorities to consider value of existing investment
Section 124 of the Resource Management Act 1991 provides that where the holder of
a resource consent that is due to expire:
•
applies to the appropriate consent authority for a new resource consent for the
same activity no later than six months before the expiry of the original
resource consent, the holder may continue to operate under the original
resource consent until the application for the new resource consent and any
appeals have been determined; or
•
applies to the appropriate consent authority for a new resource consent for the
same activity in the period beginning six months before and ending three
months before the expiry of the original resource consent, the holder may (if
the consent authority in its discretion so allows) continue to operate under the
original resource consent until the application for the new resource consent
and any appeals are determined.
SOP 389 proposes that consent authorities be required to consider the value of
existing investment when considering applications for a new resource consent
affected by Section 124 of the Act to replace an existing resource consent on its
expiry (Part 1, insertion of New Clause 43A of the Bill, amending Section 104 of the
Resource Management Act 1991 (consideration by consent authorise of applications
for resource consents and any submissions received)).
New ministerial powers to intervene
SOP 389 proposes new provisions in the Resource Management Act 1991 to provide
for ministerial intervention in certain matters as follows:
•
where the relevant matter is wholly within the coastal marine area, the
Minister of Conservation may exercise any powers at present provided for in
Section 141 of the Resource Management Act 1991 (providing for how the
Ministerial call-in powers in respect of applications of national significance
are exercised) and where the matter is an application for a coastal permit or
private plan change in respect of a regional coastal plan, that Minister may call
in the application and refer it to a Board of Inquiry or Environment Court but
that body may only make a recommendation back to the Minister of
Conservation and that Minister makes the final decision;
•
where that relevant matter is located both within the coastal marine area and
over areas outside the coastal marine area (dry land), then the Minister of
Conservation and the Minister for the Environment act jointly in determining
whether to exercise any of the powers in Section 141 and if the ministers
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decide to call in the relevant application or applications, it or they are referred
to a Board of Inquiry or to the Environment Court and that body makes the
final decision (Part 1, insertion of New Clause 55A ((substituted for Clauses
55A and 56A of the Bill), insertion of substituted Sections 142 – 147 of the
Resource Management Act 1991), Clause 57 (amendments to New Section 148
and149 and insertion of New Section 149B of the Resource Management Act
149 (relating to costs));substituted New Clause 58 and New Clause 58A of the
Bill).
Excluded areas in aquaculture management areas
SOP 389 proposes the clarification that regional councils must identify excluded areas
prior to inviting proposals to private plan changes in aquaculture management plan
areas (Part 1, insertion of New Clause 58E (amending Section 165W(2) of the
Resource Management Act 1991) and new Clause 58F (amending Section 165Z of the
Resource Management Act 1991).
© NZ Parliamentary Library, 2005