VadeLab

Resource Management Act 1991

Sections and provisions with full text and the judgments that cite each one.

Section 43D — Relationship between national environmental standards and designations

43D Relationship between national environmental standards and designations (1) A designation that exists when a national environmental standard is made prevails over the standard until the earlier of…

Section 43E — Relationship between national environmental standards and bylaws

43E Relationship between national environmental standards and bylaws (1) A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly…

Section 43F — Description of discharges in national environmental standards for discharges

43F Description of discharges in national environmental standards for discharges A national environmental standard for an activity that is a discharge may describe the discharge by referring to— (a)…

Section 43G — Incorporation of material by reference in national environmental standards

43G Incorporation of material by reference in national environmental standards A national environmental standard may incorporate material by reference under Schedule 1AA . Sections 43F and 43G were…

Section 44 — Restriction on power to make national environmental standards

44 Restriction on power to make national environmental standards The Minister must not recommend to the Governor-General the making of any national environmental standard unless the Minister has— (a)…

Section 45 — Purpose of national policy statements (other than New Zealand coastal policy statements)

45 Purpose of national policy statements (other than New Zealand coastal policy statements) (1) The purpose of national policy statements is to state objectives and policies for matters of national…

Section 46 — Proposed national policy statement

46 Proposed national policy statement If the Minister considers it desirable to issue a national policy statement, the Minister must— (a) seek and consider comments from the relevant iwi authorities…

Section 46A — Minister chooses process

46A Minister chooses process (1) After preparing a proposed national policy statement under sections 45 and 46 , the Minister must— (a) use the process set out in sections 47 to 52 ; or (b)…

Section 46B — Incorporation of material by reference in national policy statements

46B Incorporation of material by reference in national policy statements A national policy statement may incorporate material by reference under Schedule 1AA . Section 46B was inserted, as from 10…

Section 47 — Board of inquiry

47 Board of inquiry (1) The Minister must appoint a board of inquiry to inquire into, and report on, the proposed national policy statement. (2) The Minister may, as the Minister sees fit,— (a) set…

Section 48 — Public notification of proposed national policy statement and inquiry

48 Public notification of proposed national policy statement and inquiry (1) As soon as practicable after its appointment, a board of inquiry shall ensure that notice of the proposed national policy…

Section 49 — Submissions to board of inquiry

49 Submissions to board of inquiry (1) Any person may make a submission to the board of inquiry about a proposed national policy statement which is notified in accordance with section 48 . (2) Every…

Section 50 — Conduct of hearing

50 Conduct of hearing (1) Sections 39 to 42A apply, with all necessary modifications, in respect of an inquiry by a board of inquiry into a proposed national policy statement as if every reference in…

Section 51 — Matters to be considered and board of inquiry's report

51 Matters to be considered and board of inquiry's report (1) The board of inquiry must consider the following matters: (a) the matters in Part 2 ; and (b) the proposed national policy statement; and…

Section 52 — Consideration of recommendations and approval of statement

52 Consideration of recommendations and approval of statement (1) The Minister must consider a report and any recommendations made to him or her by a board of inquiry under section 51 and then may…

Section 53 — Changes to or review or revocation of national policy statements

53 Changes to or review or revocation of national policy statements The Minister may review, change, or revoke a national policy statement after using 1 of the processes referred to in section 46A(1)…

Section 54 — Publication of national policy statements

54 Publication of national policy statements When a national policy statement is issued, reviewed, changed, or revoked, the Minister shall— (a) Publish the statement, review, change, or revocation in…

Section 55 — Local authority recognition of national policy statements

55 Local authority recognition of national policy statements (1) In subsections (2) and (2A) , document means— (a) a regional policy statement; or (b) a proposed regional policy statement; or (c) a…

Section 56 — Purpose of New Zealand coastal policy statements

56 Purpose of New Zealand coastal policy statements The purpose of a New Zealand coastal policy statement is to state policies in order to achieve the purpose of this Act in relation to the coastal…

Section 57 — Preparation of New Zealand coastal policy statements

57 Preparation of New Zealand coastal policy statements (1) There shall at all times be at least one New Zealand coastal policy statement prepared and recommended by the Minister of Conservation…

Section 58 — Contents of New Zealand coastal policy statements

58 Contents of New Zealand coastal policy statements A New Zealand coastal policy statement may state objectives and policies about any one or more of the following matters: (a) National priorities…

Section 58A — Incorporation of material by reference in New Zealand coastal policy statements

58A Incorporation of material by reference in New Zealand coastal policy statements A New Zealand coastal policy statement may incorporate material by reference under Schedule 1AA . Section 58A was…

Section 59 — Purpose of regional policy statements

59 Purpose of regional policy statements The purpose of a regional policy statement is to achieve the purpose of the Act by providing an overview of the resource management issues of the region and…

Section 60 — Preparation and change of regional policy statements

60 Preparation and change of regional policy statements (1) There shall at all times be for each region one regional policy statement prepared by the regional council in the manner set out in…

Section 61 — Matters to be considered by regional council (policy statements)

61 Matters to be considered by regional council (policy statements) (1) A regional council shall prepare and change its regional policy statement in accordance with its functions under section 30 ,…

Section 62 — Contents of regional policy statements

62 Contents of regional policy statements (1) A regional policy statement must state— (a) the significant resource management issues for the region; and (b) the resource management issues of…

Section 63 — Purpose of regional plans

63 Purpose of regional plans (1) The purpose of the preparation, implementation, and administration of regional plans is to assist a regional council to carry out any of its functions in order to…

Section 64 — Preparation and change of regional coastal plans

64 Preparation and change of regional coastal plans (1) There shall at all times be, for all the coastal marine area of a region, one or more regional coastal plans prepared in the manner set out in…

Section 64A — Imposition of coastal occupation charges

64A Imposition of coastal occupation charges (1) Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional…

Section 65 — Preparation and change of other regional plans

65 Preparation and change of other regional plans (1) A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c) , (ca) , (e) ,…

Section 66 — Matters to be considered by regional council

66 Matters to be considered by regional council (1) A regional council shall prepare and change any regional plan in accordance with its functions under section 30 , the provisions of Part 2 , a…

Section 67 — Contents of regional plans

67 Contents of regional plans (1) A regional plan must state— (a) the objectives for the region; and (b) the policies to implement the objectives; and (c) the rules (if any) to implement the…

Section 68 — Regional rules

68 Regional rules (1) A regional council may, for the purpose of— (a) Carrying out its functions under this Act (other than those described in paragraphs (a) and (b) of section 30(1)); and (b)…

Repealed

Section 68A — Aquaculture activities

68A Aquaculture activities [Repealed] Section 68A was inserted, as from 26 March 2002, by section 6 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5). Subsection (3) was…

Section 69 — Rules relating to water quality

69 Rules relating to water quality (1) Where a regional council— (a) Provides in a plan that certain waters are to be managed for any purpose described in respect of any of the classes specified in…

Section 70 — Rules about discharges

70 Rules about discharges (1) Before a regional council includes in a regional plan a rule that allows as a permitted activity— (a) A discharge of a contaminant or water into water; or (b) A…

Section 70A — Application to climate change of rules relating to discharge of greenhouse gases

70A Application to climate change of rules relating to discharge of greenhouse gases Despite section 68(3) , when making a rule to control the discharge into air of greenhouse gases under its…

Section 70B — Implementation of national environmental standards

70B Implementation of national environmental standards If a national environmental standard is made to control the effects on climate change of the discharge into air of greenhouse gases, a regional…

Repealed

Section 71 — Rules about esplanade reserves on reclamation

71 Rules about esplanade reserves on reclamation [Repealed] Section 71 was repealed, as from 7 July 1993, by section 38 Resource Management Amendment Act 1993 (1993 No 65).

Section 72 — Purpose of district plans

72 Purpose of district plans The purpose of the preparation, implementation, and administration of district plans is to assist territorial authorities to carry out their functions in order to achieve…

Section 73 — Preparation and change of district plans

73 Preparation and change of district plans (1) There shall at all times be one district plan for each district prepared by the territorial authority in the manner set out in Schedule 1 . (1A) A…

Section 74 — Matters to be considered by territorial authority

74 Matters to be considered by territorial authority (1) A territorial authority shall prepare and change its district plan in accordance with its functions under section 31 , the provisions of Part…

Section 75 — Contents of district plans

75 Contents of district plans (1) A district plan must state— (a) the objectives for the district; and (b) the policies to implement the objectives; and (c) the rules (if any) to implement the…

Section 76 — District rules

76 District rules (1) A territorial authority may, for the purpose of— (a) Carrying out its functions under this Act; and (b) Achieving the objectives and policies of the plan,— include rules in a…

Section 77 — Rules about esplanade reserves on subdivision and road stopping

77 Rules about esplanade reserves on subdivision and road stopping (1) Subject to Part 2 and having regard to section 229 (purposes of esplanade reserves), a territorial authority may include a rule…

Section 77A — Power to include rules in plans

77A Power to include rules in plans (1) A local authority may make rules describing an activity as an activity in section 77B . (2) When an activity in a plan or proposed plan is described as an…

Section 77B — Types of activities

77B Types of activities (1) If an activity is described in this Act, regulations, or a plan or proposed plan as a permitted activity, a resource consent is not required for the activity if it…

Section 77C — Certain activities to be treated as discretionary activities or prohibited activities

77C Certain activities to be treated as discretionary activities or prohibited activities (1) An application for a resource consent for an activity must, with the necessary modifications, be treated…

Section 77D — Rules for certain activities may include restrictions on notification

77D Rules for certain activities may include restrictions on notification A rule for a controlled activity or a restricted discretionary activity may state whether applications for a resource consent…

Repealed

Section 78 — Withdrawal of proposed policy statements and plans

78 Withdrawal of proposed policy statements and plans [Repealed] Section 78 was repealed, as from 7 July 1993, by section 42 Resource Management Amendment Act 1993 (1993 No 65).