Section 360 — Resource Management Act 1991: Regulations

360 Regulations (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing the manner or content of applications, notices, or any other documentation or information as may be required under this Act: (aa) Prescribing the manner and content of forms for esplanade strips and access strips: (ab) Prescribing any person or class of person to whom any regional council or territorial authority shall, in accordance with section 90(3) , forward a copy of any application for a resource consent: (ac) prescribing the methods of making an application or requirement for a designation, the persons to be served, the times of service, and the form of application and notice required: (b) Prescribing the fees payable or the methods for calculating fees and recovering costs in respect of consent applications, tenders, and operations, or other matters under this Act: (ba) Prescribing those offences under this Act that constitute infringement offences against this Act: (bb) Prescribing forms of infringement notices, and any other particulars to be contained in infringement notices, and prescribing the infringement fee (not exceeding $1,000) for each infringement offence, which may be different fees for different offences: (bc) prescribing forms of reminder notices to be used in respect of infringement offences against this Act. (c) Prescribing the amount, methods for calculating the amount, and circumstances and manner in which holders of resource consents shall be liable to pay for the occupation of the coastal marine area, the bed of any river or lake which is land of the Crown, and the extraction of sand, shingle, shell, and other natural materials from lands of the Crown, and the use of geothermal energy: (d) Requiring the holders of water permits, discharge permits, coastal permits, or land use consents granted for any activity that would otherwise contravene section 13 , to keep records for any purpose under this Act, and prescribing the nature of records, information, and returns, and the form, manner, and times in or at which they shall be kept or furnished: (e) Providing for any project or work to be a network utility operation for the purpose of section 166 : (f) Prescribing the practice and procedure of the Environment Court and the form of proceedings, both under this Act and in relation to the exercise of any jurisdiction conferred on the Environment Court by any other Act: (g) Prescribing transitional and savings provisions relating to the coming into force of this Act, which may be in addition to or in place of any of the provisions of Part 15 ; and, without limiting the generality of the foregoing, any such regulations may provide that, subject to such conditions as are specified in the regulations, specified provisions of this Act shall not apply, or specified provisions of Acts repealed or amended by this Act, or of regulations, Orders in Council, notices, schemes, rights, licences, permits, approvals, authorisations, or consents made or given thereunder shall continue to apply, during a specified transitional period: (h) Prescribing exemptions from any provision of section 15 , either absolutely or subject to any prescribed conditions, and either generally or specifically or in relation to particular descriptions of contaminants or to the discharge of contaminants in particular circumstances or from particular sources, or in relation to any area of land, air, or water specified in the regulations: (ha) Deeming to be included in any regional coastal plan or proposed regional coastal plan rules that may apply generally or specifically and that may do all or any of the following: (i) Specify as controlled activities, restricted discretionary activities, discretionary activities, non-complying activities, or prohibited activities, any activities to which section 15A applies: (ii) Specify criteria to be considered in considering any application under section 88 for a coastal permit to do something that otherwise would contravene section 15A or any application under section 127 to change or cancel any condition of such a coastal permit or on a review of conditions of such a coastal permit under section 128 : (hb) Prescribing any substance to be a harmful substance for the purposes of section 2(1) : (hc) Prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 15C : (hd) [Repealed] (he) Without limiting paragraph (d) , in relation to any coastal permit to do something that otherwise would contravene section 15A , requiring the holder of the coastal permit to keep records and furnish to the Director of Maritime New Zealand information and returns as to any matters in relation to any activity carried out under the coastal permit, and prescribing the nature of the records, information, and returns, and the form, manner, and times in or at which they shall be kept or furnished: (hf) Prohibiting or permitting a discharge to which section 15B applies, or controlling a discharge to which that section applies, by prescribing conditions, limitations, or by other means, including describing the discharge by referring to the circumstances, quantities, components, or sources of the discharge: (hg) Prohibiting or permitting with or without conditions the making of a rule or the granting of a resource consent for a discharge to which section 15B applies, including describing the discharge by referring to the circumstances, quantities, components, or sources of the discharge: (hh) Prescribing any operations of a ship, aircraft, or offshore installation as a normal operation: (hi) prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in sections 41B and 41C : (i) Providing for any other such matters as are contemplated by, or necessary for giving full effect to, this Act and for its due administration. (2) Any regulations may apply generally or may apply or be applied from time to time by the Minister by notice in the Gazette , within any specified district or region of any local authority or within any specified part of New Zealand, or to any specified class or classes of persons. (2A) No regulation shall be made under any of paragraphs (ha) to (he) of subsection (1) except on the recommendation of the Minister after consultation with the Minister of Transport and the Minister of Conservation. (2B) The Minister shall not recommend the making of any regulation under any of paragraphs (ha) to (hd) of subsection (1) unless, after having consulted with the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that— (a) It is necessary or desirable to do so for all or any of the following purposes: (i) To implement New Zealand's obligations under any international convention, protocol, or agreement, relating to the protection of the marine environment and to which New Zealand is a party: (ii) To enable New Zealand to become a party to any international convention, protocol, or agreement, relating to the protection of the marine environment: (iii) To implement such international practices or standards relating to the protection of the marine environment as may, from time to time, be recommended by the International Maritime Organization; or (b) It is not inconsistent with any such purpose to do so. (2C) The Minister may, by notice in the Gazette , amend any schedule of any regulations made under section 360(1)(hb) or (hc) by omitting or inserting the names or a description of waste or other matter or harmful substance to make that schedule comply with the provisions of an international convention relating to the pollution of the marine environment. (2D) Regulations made under subsection (1)(hf) and (hg) may apply— (a) Generally within New Zealand or to those areas of New Zealand specified in the regulations: (b) Generally to rules or resource consents, or to rules or resource consents made by the consent authorities specified in the regulations. (3) All regulations made under subsection (1)(g) that are still in force on the day that is 5 years after the date of commencement of this Act shall expire at the close of that day. Subsection (1)(aa) was inserted, as from 7 July 1993, by section 163 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1)(ab) was inserted, as from 1 February 1995, by section 26(1) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271). Subsection (1)(ac) was inserted, as from 1 August 2003, by section 88(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1)(ba) and (bb) were inserted, as from 2 September 1996, by section 19 Resource Management Amendment Act 1996 (1996 No 160). Subsection (1)(bc) was inserted, as from 9 October 2006, by section 36(2) Summary Proceedings Amendment Act 2006 (2006 No 13). Subsection (1)(c) was amended, as from 7 July 1993, by section 163(2) of 1993 No 65 by inserting the words “ amount, methods for calculating the amount, and ” and the word “ shell, ” . The words “ Environment Court ” in subsection (1)(f) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” in subsection (1)(f) (where they secondly appear) were substituted, as from 2 September 1996, for the word “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). Subsection (1)(h) was amended, as from 7 July 1993, by section 163(3) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ 15 ” for the expression “ 15(1) ” , and by inserting the word “ , air, ” . Subsection (1)(ha) was inserted, as from 1 February 1995, by section 26(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271). Subsection (1)(ha)(i) was amended, as from 1 August 2003, by section 88(2) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ restricted discretionary activities, ” after the words “ controlled activities, ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Paragraphs (1)(hb) to (hd) were inserted, as from 1 February 1995, by section 26(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271). Subsection (1)(hd) was repealed, as from 17 December 1997, by section 60(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (1)(he) was inserted, as from 1 February 1995, by section 26(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271). Paragraph (1)(he) was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words “ Maritime New Zealand ” for the words “ Maritime Safety ” . Paragraphs (1)(hf) to (hh) were inserted, as from 17 December 1997, by section 60(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (1)(hi) was inserted, as from 10 August 2005, by section 127 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsections (2A) and (2B) were inserted, as from 1 February 1995, by section 26(3) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271). Subsections (2C) and (2D) were inserted, as from 17 December 1997, by section 60(3) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.