Skip to main content.

Attachment 2 - Minor, technical and mechanical amendments to the RMA

Duties and Restrictions

1. Clarify the error from the Resource Management Amendment Act 2003 for the local authorities powers to delegate, which is inconsistent with the Local Government Act 2002 (s33)

2. Clarify that consent authorities can recover the costs of consent condition reviews (s36), unless the review is instigated by a plan change

3. Specifically recognise as a regional local authority function the control of the use of land for the purpose of remediation of contaminated land (and define meaning of contaminated land) (s30)

Policy statements and plans

4. Clarify that external documents (ie. NZ standards and codes of practice) can be incorporated into plans by reference if done so through the first schedule

Resource consents

5. Clarify that the 'processing clock' stops while awaiting further information on notices of requirement for designations and heritage orders (s92)

6. Clarify that consent authorities can disregard effects on persons who give their written approval when deciding whether effects are more than minor for both the purposes of notification (s94A) and substantive decisions (s104(3)(b))

7. Clarify that where a plan states non notification is allowed this also applies to service of notice for the purpose of limited notification (s94D)

8. Enable the receipt of electronic submissions (s96)

9. Clarify that the time limit for submissions on applications under limited notification is 20 working days (s97)

10. Clarify that a certificate of compliance can be issued for an activity that relies on existing use rights for its lawfulness (s139)

11. Provide an ability for consent authorities to cancel 'stalled' resource consents

12. Allow local authorities to correct any minor or technical error, or clerical slip to resource consent decisions within 15 days of issue

Subdivision

13. Require consent authorities to publicly notify affected third parties, if appropriate, when varying or cancelling subdivision consent conditions (s221)

14. Provide consistency with the Reserves Act 1977 for the administration of Crown-owned esplanade reserves (s237D(1))

Environment Court

15. Clarify that the registrar means the registrar of the Environment Court and includes the deputy registrars (s2 - Interpretation)

16. Provide a formal mechanism for those instances where the Principal Environment Judge is unable, temporarily, to carry out his/her functions (s251)

17. Clarify that the role of the Ministry of Justice is to provide the Environment Court with administrative support and that there shall be a Chief Registrar and other such Registrars as required (260)

18. Enable the Environment Court registrar to waive fees (ie. to allow the fee scales to apply) (s260A)

19. Allow commissioners, deputy commissioners, and the registrar to issue summonses requiring witness attendance, take a declaration or have an affidavit or affirmation sworn before them, undertake call-overs, conferences and other similar functions (s260A)

20. Clarify that orders from the commissioners, deputy commissioners and registrar are orders from the Court (s260A)

21. Provide the ability for the Principal Environment Judge to confer powers on the registrar as he/she thinks fit without need for additional legislative change (260A)

22. Reflect drafting and terminology changes eg "additional dispute resolution" (s268) should be "alternative dispute resolution"

23. Clarify the matters that can be raised by persons joining an Environment Court proceeding (s274)

24. Enable appeals to the High Court to be lodged in other registries apart from Wellington (s300)

Declarations, enforcement and ancillary powers

25. Remove the need for the Minister for the Environment to be served with notice in respect of every application for a declaration (s312)

26. Clarify that an appeal on a decision to confirm or cancel an abatement notice does not act as a stay of that notice (s325A)

27. Clarify and better define when, and what action can be taken during an emergency (s340)

28. Allow an applicant whose application was dealt with on a limited notification basis, to object to the consent authority about its decisions not to grant a resource consent or on the conditions of consent (s357)

29. Specify time limits for consent authorities to process objections lodged under s357

Transitional and miscellaneous provisions

30. Delete references to repealed sections (eg clause 4 of the first schedule refers to s168(3) and s117(1) refers to s90 - both are repealed)

First Schedule

31. Require only one copy of a proposed policy statement, plan or change to the Wellington office of the Ministry for the Environment (clause 5)

32. Enable electronic submissions (clause 16)

33. Allow local authorities to correct any minor or technical error, or clerical slip to operative plans (clause 16)

34. Provide for proposed policy statement and plans to become operative despite any variations. Variation should then continue to be proposed as if it were a change to the operative policy statement or plan (clause 16A)

35. Allow local authorities to approve parts of their plans once appeals are resolved (clause 17)

RM (Forms, Fees and Procedure) Regulations

36. Enable local authorities to require signs for publicly notified resource consents and of requirement for designation (reg 10)

37. Provide the correct fax number for the Environment Court

38. Reword the phrase in Form 6 to clearly reflect the wording from the First Schedule about further submissions

39. Change the title of Form 13 to include limited notification

40. Require more contact details on abatement notices

41. Amend regulation 19 to correct the Registry in which proceedings should be lodged

42. Amend Regulation 25(2) to require parties to indicate whether they wish to be heard on an application for interlocutory orders before a hearing is arranged

43. Amend Form 24 to remove the reference to a timeframe for lodging these applications.

RM (Infringement Offences) Regulations

44. Reword form to reflect wording of the defence provisions (Schedule 2)

45. Include more contact details on the form

 

[previous page]

Last updated: 6 May 2008