Reprint
as at 19 April 2011
Canterbury Earthquake (Resource
Management Act Permitted
Activities) Order 2011
(SR 2011/36)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 8th day of March 2011
Present:
His Excellency the Governor-General in Council
Pursuant to section 6 of the Canterbury Earthquake Response and
Recovery Act 2010, His Excellency the Governor-General makes the
following order acting—
(a) on the advice and with the consent of the Executive Council;
and
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989
have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together
with other explanatory material about this reprint.
This order is administered by the Ministry for the Environment.
1
cl 1
(b)
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
Reprinted as at
19 April 2011
on the recommendation of the relevant Minister in accordance
with section 6(2) of that Act.
Contents
Page
2
2
2
3
1
2
3
4
Title
Commencement
Expiry
Interpretation
5
Limit on scope of orders
Status of activities permitted by this order
3
6
Enforcement
Enforcement proceedings
4
7
Temporary accommodation
Temporary accommodation deemed to be permitted
activity
4
8
Temporary depots and storage facilities
Temporary depots and storage facilities deemed to be
permitted activities
5
Order
1
Title
This order is the Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011.
2
Commencement
This order is deemed to have come into force on 22 February
2011.
3
Expiry
This order expires on the expiry of the Canterbury Earthquake
Recovery Act 2011.
Clause 3: amended, on 19 April 2011, by section 90 of the Canterbury Earthquake Recovery Act 2011 (2011 No 12).
2
Reprinted as at
19 April 2011
4
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
cl 5
Interpretation
In this order, unless the context requires another meaning,—
Act means the Resource Management Act 1991
Controller has the meaning given in section 4 of the Civil
Defence Emergency Management Act 2002
council means—
(a) Christchurch City Council:
(b) Selwyn District Council:
(c) Waimakariri District Council:
(d) Canterbury Regional Council
Director has the meaning given in section 4 of the Civil Defence Emergency Management Act 2002
permitted activity has the meaning given in section 2(1) of
the Act
plan has the meaning given in section 43AA of the Act, and for
the purposes of this order includes, as relevant, a proposed plan
and a regional coastal plan (within the meaning of sections
43AA and 43AAC of the Act)
public notice means a written notice that may be given by—
(a) publication in any local or national newspaper; and
(b) Internet publication.
Limit on scope of orders
5
(1)
(2)
(3)
Status of activities permitted by this order
An activity that is a permitted activity by virtue of this order
retains that status for the duration of this order, or until an
earlier time (if any) specified in this order.
While an activity is a permitted activity under this order, it is
to be treated as if it were a permitted activity under the plan
that would, but for this order, apply to the activity.
However, an activity undertaken in reliance on this order does
not—
(a) give rise to, or create, any existing use right for the land
or structures after the expiry of this order; or
(b) qualify for—
(i)
a certificate of compliance under section 139 of
the Act; or
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Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
cl 6
(ii)
Reprinted as at
19 April 2011
an existing use certificate under section 139A of
the Act.
Enforcement
6
Enforcement proceedings
Despite anything in the Act, for the purposes of an activity
that is a permitted activity by virtue of this order, only the
relevant consent authority may take enforcement proceedings
(including declaratory proceedings) under Part 12 of the Act,
including in cases where it is alleged that the consent holder
has breached section 16 or 17 of the Act.
Temporary accommodation
7
(1)
(2)
(3)
4
Temporary accommodation deemed to be permitted
activity
Interpretation
In this clause,—
specified location means an area of land on which temporary
accommodation is sited
temporary accommodation means accommodation provided
for persons displaced from their normal place of residence or
normal place of business because of—
(a) damage to, or destruction of, land or structures caused
directly or indirectly by the Canterbury earthquake:
(b) subsequent repair or reconstruction of structures or essential services:
(c) land remediation works:
(d) risk of damage to land or structures, or of injury to those
inhabitants or passers-by, including risk arising because
of the state of adjacent structures.
Permitted activity
Despite anything to the contrary in a plan that applies to a specified location, temporary accommodation sited on the specified location is a permitted activity for the purposes of the Act.
Subclause (2) applies only if—
Reprinted as at
19 April 2011
(a)
(b)
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
cl 8
the specified location is identified by public notice given
by a council and the temporary accommodation complies with any standards imposed by that notice; and
every person providing the temporary accommodation,
or using the temporary accommodation, at all times
complies with any further requirements, imposed under
a public notice given by a council after the temporary
accommodation activity has commenced,—
(i)
for the purposes of controlling the emission of
noise from the specified area; or
(ii) for the purposes of avoiding, remedying, or mitigating any adverse effects of the activity on the
environment.
Temporary depots and storage facilities
8
(1)
Temporary depots and storage facilities deemed to be
permitted activities
Interpretation
In this clause,—
construction work has the meaning given in section 6 of the
Construction Contracts Act 2002
specified location means an area of land on which temporary
depots and storage facilities are sited
temporary depots and storage facilities—
(a) means depots or storage facilities for transport purposes, or for use by tradespersons, service providers, or
contractors, if those depots or facilities are reasonably
incidental to any construction work undertaken for the
purpose of the Canterbury Earthquake Response and
Recovery Act 2010; and
(b) includes land and structures used for—
(i)
such activities as the delivery, transit, distribution, or storage of vehicles, machinery, equipment, materials, food, emergency supplies, debris and waste materials, or other relevant things;
or
(ii) the provision of services.
5
cl 8
(2)
(3)
(4)
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
Reprinted as at
19 April 2011
Permitted activity
Despite anything to the contrary in a plan that applies to a specified location, temporary depots and storage facilities site on
the specified location are permitted activities for the purposes
of the Act.
Subclause (2) applies only if—
(a) the specified location is identified by public notice given
by a council and the temporary depots and storage facilities comply with any standards imposed by that notice;
and
(b) every person providing the temporary depots and storage facilities, or using the temporary depots and storage
facilities, at all times complies with any further requirements, imposed under a public notice given by a council
after the temporary depots and storage facilities activity
has commenced,—
(i)
for the purposes of controlling the emission of
noise from the specified area; or
(ii) for the purposes of avoiding, remedying, or mitigating any adverse effects of the activity on the
environment.
If the construction work to which the temporary depots and
storage facilities are related cease before the expiry of this
order, those depots and facilities are no longer permitted activities and must also cease.
Rebecca Kitteridge,
Clerk of the Executive Council.
6
Reprinted as at
19 April 2011
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 10 March 2011.
7
Notes
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
Reprinted as at
19 April 2011
Contents
1
General
2
Status of reprints
3
How reprints are prepared
4
Changes made under section 17C of the Acts and Regulations
Publication Act 1989
5
List of amendments incorporated in this reprint (most recent
first)
Notes
1
General
This is a reprint of the Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011. The reprint incorporates all the amendments to the order as at 19 April 2011,
as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain
transitional, savings, or application provisions that cannot be
compiled in the reprint are also included, after the principal
enactment, in chronological order. For more information, see
http://www.pco.parliament.govt.nz/reprints/.
2
Status of reprints
Under section 16D of the Acts and Regulations Publication
Act 1989, reprints are presumed to correctly state, as at the
date of the reprint, the law enacted by the principal enactment
and by the amendments to that enactment. This presumption
applies even though editorial changes authorised by section
17C of the Acts and Regulations Publication Act 1989 have
been made in the reprint.
This presumption may be rebutted by producing the official
volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3
How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not
included in Acts, and provisions that are repealed or revoked
8
Reprinted as at
19 April 2011
Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
Notes
are omitted. For a detailed list of the editorial conventions,
see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances
and Statutory Regulations and Deemed Regulations in Force.
4
Changes made under section 17C of the Acts and
Regulations Publication Act 1989
Section 17C of the Acts and Regulations Publication Act 1989
authorises the making of editorial changes in a reprint as set
out in sections 17D and 17E of that Act so that, to the extent
permitted, the format and style of the reprinted enactment is
consistent with current legislative drafting practice. Changes
that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.
Changes to legislative drafting style have also been made since
1997, and are ongoing. To the extent permitted by section 17C
of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for
legislation and reflects current drafting practice at the time of
the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication
Act 1989 are set out below, and they have been applied, where
relevant, in the preparation of this reprint:
•
omission of unnecessary referential words (such as “of
this section” and “of this Act”)
•
typeface and type size (Times Roman, generally in 11.5
point)
•
layout of provisions, including:
•
indentation
•
position of section headings (eg, the number and
heading now appear above the section)
•
format of definitions (eg, the defined term now appears
in bold type, without quotation marks)
•
format of dates (eg, a date formerly expressed as “the
1st day of January 1999” is now expressed as “1 January
1999”)
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Canterbury Earthquake (Resource
Management Act Permitted Activities)
Order 2011
Notes
•
•
•
•
•
•
•
5
Reprinted as at
19 April 2011
position of the date of assent (it now appears on the front
page of each Act)
punctuation (eg, colons are not used after definitions)
Parts numbered with roman numerals are replaced with
arabic numerals, and all cross-references are changed
accordingly
case and appearance of letters and words, including:
•
format of headings (eg, headings where each
word formerly appeared with an initial capital letter followed by small capital letters are
amended so that the heading appears in bold,
with only the first word (and any proper nouns)
appearing with an initial capital letter)
•
small capital letters in section and subsection references are now capital letters
schedules are renumbered (eg, Schedule 1 replaces First
Schedule), and all cross-references are changed accordingly
running heads (the information that appears at the top
of each page)
format of two-column schedules of consequential
amendments, and schedules of repeals (eg, they are
rearranged into alphabetical order, rather than chronological).
List of amendments incorporated in this reprint
(most recent first)
Canterbury Earthquake Recovery Act 2011 (2011 No 12): section 90
12
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2011
10