Changes to Resource Management Act Regulations
Resource Management (Infringement Offences) Amendment Regulations (No2) 2006
The Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 were gazetted on 31 August 2006, and are due to come into effect on 10 October 2006.
The amendment to the regulations creates a new regime-specific infringement reminder notice for the Resource Management infringement regime to ensure recipients receive information about the specific defences available under the RMA (New Schedule 3). Provision of this new form for reminder notices implements recent amendments to the Summary Proceedings Act. Infringement notices are a useful RMA enforcement tool for dealing with low level breaches of the RMA because they are fast, efficient and inexpensive. The new reminder notice will add another mechanism to this infringement regime.
Minor amendments are also required to include more information on the contact details of the consent authority and the person being served with the infringement notice (Schedule 2 amended).
Note that Regulation amendments made earlier this year already made other changes to the infringement notice form: the wording of the defence provisions on the Form of Infringement Notices was not consistent with the wording of section 340 (Liability of principal for acts if agents) and 341 (Strict liability and defences). Several amendments to the form were made to ensure that there is no inconsistency between the Form and the RMA provisions.
Resource Management (Infringement Offences) Regulations 1999
Resource Management (Forms, Fees and Procedure) Amendment Regulations 2006
The Resource Management (Forms, Fees and Procedure) Amendment Regulations 2006 and the Resource Management (Infringement Offences) Amendment Regulations 2006 came into force on 1 June 2006.
The amendments are largely technical, mechanical or minor. There are some amendments which arose as a consequence of the Resource Management Amendment Act 2005 (RMAA05).
The Resource Management (Forms, Fees, and Procedure) Amendment Regulations make changes in relation to:
Notices/signs affixed to sites – minor changes are made to re-instate the ability for consent authorities to affix notices/signs to sites on applications for resource consent, designation or heritage order.
Electronic submissions – numerous forms are amended to remove the requirements for signatures on forms, when sent electronically.
Description of further submissions - changes are made to the wording in Form 6 to clarify that further submissions on publicly notified proposed policy statements or plans cannot extend the scope of an original submission.
References to limited notification – changes are required to enable Form 13 to apply to submissions on applications that are being processed on a limited notification basis, and to explain the time limits for submissions.
Neutral submissions on resource consent applications – a consequential change is made to Form 13 to reflect the ability to make neutral submissions on resource consent applications as introduced by the RMAA05.
Office of the Environment Court for lodging proceedings – the table in Regulation 19 is amended to provide the correct registry of the Environment Court (Auckland, Christchurch or Wellington) in which proceedings should first be lodged.
Interlocutory order for applications – Regulation 25(2) is amended to provide clarification on when written notice of a wish to be heard is to be lodged for applications for interlocutory orders from the Environment Court.
Environment Court contact details – these are deleted to reflect that the contact details of the Environment Court may continue to be updated.
Amendment required for new RMA call-in process – Form 16 is amended to reflect that there is no longer a need for Form 16 to provide for appeals to the Environment Court under section 149(3).
Minor amendment to forms for declarations –minor amendments to Forms 41 and 42 to delete the reference to the Minister, so that the Minister does not have to be served with notice of every application for declaration.
Contact details on abatement notices – Form 48 is amended to require more contact details on abatement notices.
Minor amendments to correct errors – several minor amendments are made to Forms 9, 10, 24 and 49.
Resource Management (Forms, Fees, and Procedure) Amendment Regulations (No 2) 2006
The Resource Management (Forms, Fees and Procedure) Amendment Regulations (No 2) 2006 were gazetted on 14 December 2006 and come into effect on 12 January 2007.
This requires consent authorities, when serving notice on parties who may be adversely affected by a notified consent application or requirement for a designation, to serve a notice on Transpower New Zealand if the application or review affects the national grid. 'National grid' has the same meaning as in section 2 of the Electricity Act 1992. Please note that no changes are required to any forms.
The types of activities this regulation is intended to capture include:
- Excavations adjacent to support structures such as poles and pylons
- Activities that may result in the discharge of contaminants (such as dust and fine particles), which may affect the operation of the lines
- Depositing materials under lines
- The construction of buildings or subdivision of land adjacent to or under transmission lines
- Damning and diverting water adjacent to transmission lines
- New roads or access tracks adjacent to or under transmission lines
Resource Management (Forms, Fees and Procedure) Regulations 2003
The Resource Management Act forms available on this website have been updated for these amendments.
