Page 35 - English-DBINZ brochure-2019

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STATUTORY PLANNING PROCESS

District and regional councils regularly notify proposed changes to their statutory planning documents.
It is beneficial for entities to be aware of proposed new plan provisions that may affect their activities and
to participate in the public submission process at council level and in the Environment Court. Private
parties may also seek private plan changes to rezone land to allow specific activities.

ENVIRONMENT COURT

The Resource Management Act establishes a specialist Court, the Environment Court, to hear appeals on
resource consent applications and proposed plan changes. The Environment Court also has jurisdiction
on enforcement matters and to issue declarations. Appeals to the High Court, the Court of Appeal and
Supreme Court may only be taken on points of law.

MĀORI ISSUES

The Resource Management Act makes special mention of Māori issues. There are general instructions
to regional and district councils to recognise and provide for, as a matter of national importance, “the
relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu
[sacred sites] and other taonga [treasures]” and to take into account the principles of the Treaty of
Waitangi.

“The purpose of the Resource Management Act is to promote the
sustainable management of natural and physical resources.”

ENFORCEMENT

Enforcement action under the Resource Management Act is a readily accessible means for regional and
district councils to ensure that resource users comply with the terms of their resource consents, or to
stop operations that are in breach of a consent, a district or regional plan, or the Resource Management
Act. Some of the enforcement provisions can also be utilised by the general public.
Enforcement procedures can be used to require a resource user to remedy any adverse environmental
effects of a one-off accident at the user’s cost. The current land owner or occupier may be liable to
remedy such adverse effects even if the environmental problem was caused by a previous owner or
occupier of the land.

The Resource Management Act also contains a separate regime of strict liability criminal offences.
Individuals and companies can be prosecuted for the offences. Conviction can result in fines up to a
maximum of NZ$600,000 and imprisonment.
Directors and senior managers of corporate entities who know or should know that the actions in
question are taking place may be held personally liable for those actions of the corporate entity which
are in breach of the Resource Management Act. Such directors and managers do not need to know that
the actions are contrary to the Resource Management Act to be liable.