Thames–Coromandel District Council and Hauraki District Council Mangrove Management Bill

Thames–Coromandel District Council and Hauraki District Council Mangrove Management Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Thames–Coromandel District Council and Hauraki District Council Mangrove Management Act 2017 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal Assent. 3 Interpretation In this Act, unless the context otherwise requires,— amenity values has the meaning given in section 2(1) of the Resource Management Act 1991 coastal area , in relation to a council, means the coastal marine area within the district of the council, other than land in private ownership coastal marine area has the meaning given in section 2(1) of the Resource Management Act 1991 council means— a the Thames–Coromandel District Council; and b the Hauraki District Council council means the Thames–Coromandel District Council effect has the meaning given in section 3 of the Resource Management Act 1991 iwi authority has the meaning given in section 2(1) of the Resource Management Act 1991 mangrove management activity — a means all or any of the following activities: the removal, prevention, monitoring, detection, control, destruction, or disposal , protection, and maintenance of mangrove vegetation; and b includes— i the hand removal of mangrove vegetation : ; and ii the mechanised removal of mangrove vegetation using hand tools; but iii whole tree removal: iv maintenance dredging c does not include the mechanised removal of mangrove vegetation by any means other than the use of hand tools mangrove management plan means the adopted mangrove management plan that has become operative under section 7(1) clause 8 of the Schedule mangrove vegetation means any seed, seedling, plant, or remains of any mangrove plant that exists or existed in the coastal area Whangamatā harbour New Zealand Coastal Policy Statement has the meaning given in section 2(1) of the Resource Management Act 1991 Whangamatā harbour means the area identified as such in the mangrove management plan. 4 Purposes of Act The purposes of this Act are— a to facilitate the removal of mangrove vegetation in the coastal area of each council to achieve and maintain appropriate levels of that vegetation; and b to restore, protect, and enhance any amenity values or ecosystems of the coastal area from which mangrove vegetation is removed 5 Purpose and content of mangrove management plan A council may adopt a mangrove management plan for the coastal area of its district. The purpose of the mangrove management plan is to enable the council to achieve and maintain appropriate levels of mangrove vegetation in its coastal area in accordance with the purposes of this Act. The mangrove management plan must achieve the purposes of this Act. The mangrove management plan must— a identify the areas within the coastal area, by reference to maps, in which mangrove management activities are to be undertaken; and b state the objectives of the plan, including a description of the appropriate levels of mangrove vegetation in the identified areas; and c describe the methods to be used in achieving the objectives of the plan; and d state the rules and restrictions that apply to the undertaking of mangrove management activities; and e identify any amenity values or ecosystems of the identified areas for the purposes of section 4(b) ; and f describe the mechanisms the council intends to use to assess the effectiveness of the mangrove management activities in achieving the objectives of the plan. The mangrove management plan may include any other matter that the council considers desirable or necessary to give effect to the purposes of this Act. 6 Process for preparation and adoption of mangrove management plan If a council wishes to prepare and adopt a mangrove management plan for its coastal area, it must establish a committee to prepare a first draft of the plan and to adopt and implement the plan in accordance with this Act. The committee must include at least 1 iwi representative. The council must use the special consultative procedure set out in section 83 of the Local Government Act 2002 in adopting the mangrove management plan, as if references in that section to a statement of proposal were references to the draft mangrove management plan. The council must commence the special consultative procedure within 6 months after completing its draft mangrove management plan. Within 3 months after completing the special consultative procedure, the council must prepare its final mangrove management plan and make it publicly available in the same manner as the draft mangrove management plan was made publicly available as part of the special consultative procedure. In preparing the final mangrove management plan, the council must have regard to the views expressed during the special consultative procedure, to the extent that those views are relevant to the purposes of this Act. 7 Implementation, review, and integration of mangrove management plans A mangrove management plan becomes operative when it is made publicly available. A council may review its mangrove management plan at any time by following the process set out in section 6 . The councils may prepare, adopt, and review mangrove management plans collaboratively. The councils may, without limitation,— a prepare a single integrated mangrove management plan that covers both of their coastal areas; and b establish a joint committee under clauses 30 and 30A of Schedule 7 of the Local Government Act 2002 to prepare the integrated management plan; and c adopt a joint special consultative procedure covering both districts. 8 Powers and duties of councils A council has the power to carry out, and to contract for the carrying out of, mangrove management activities in accordance with its mangrove management plan. In exercising the powers conferred by subsection (1) , a council is not required to comply with any other enactment that would otherwise regulate or apply to its mangrove management activities unless that other enactment expressly overrides the council’s powers under this Act that relate to its mangrove management activities. A council must comply with the rules and reporting requirements in its mangrove management plan. 4 Purpose of Act The purpose of this Act is to enable the development of a mangrove management plan that will provide for mangrove management activity to be undertaken in the Whangamatā harbour. 5 Application of Resource Management Act 1991 The Resource Management Act 1991 does not apply to any activity undertaken under this Act, unless this Act expressly provides otherwise. 6 Purpose of mangrove management plan The purpose of the mangrove management plan is to enable mangrove management activity in the Whangamatā harbour in order to restore, protect, and enhance amenity values and ecosystems that may be affected by mangrove management undertaken under this Act. 7 Process for preparation, approval, adoption, and review of mangrove management plan If the council wishes to prepare and adopt a mangrove management plan for the Whangamatā harbour, it must establish a committee to prepare a first draft of the plan for the council’s consideration. The committee must include— a at least 1 representative from the Thames–Coromandel District Council; and b at least 1 representative from the Waikato Regional Council; and c at least 1 member with scientific or ecological expertise; and d sufficient iwi representation as agreed between the relevant iwi authorities and the Thames–Coromandel District Council. The council must invite the Department of Conservation to have a representative on the committee and, if the invitation is accepted, the committee must include 1 representative from the Department of Conservation. The provisions of the Schedule apply in relation to the preparation, approval, adoption, and review of the mangrove management plan. 8 Effect of plan and its relationship to regional policy statement and plan A person who undertakes mangrove management activity under the mangrove management plan must comply with the plan. The council must comply with the reporting requirements in the mangrove management plan. Section 17 of the Resource Management Act 1991 (duty to avoid, remedy, or mitigate adverse effects) applies to persons performing functions or carrying out activities under this Act. The Waikato Regional Council does not have responsibility for mangrove management activities undertaken in accordance with the mangrove management plan. The provisions of the operative regional policy statement and regional plan that relate to mangrove management activities do not apply to mangrove management activities undertaken in accordance with the mangrove management plan. The mangrove management plan— a must be prepared in accordance with the Local Government Act 2002, with any necessary modifications; and b has effect as a plan prepared by the council under that Act. 9 Monitoring, enforcement, and compliance The council— a has the power to enforce the mangrove management plan and activities undertaken in accordance with the plan as if the plan were a district plan: b must regularly monitor mangrove management activities being undertaken under the mangrove management plan: c must prepare 6-monthly reports about its activities and monitoring referred to in paragraphs (a) and (b) and make the reports publicly available: d must publish on its Internet site information about the costs of mangrove management activities undertaken by or on behalf of the council. The following provisions of the Resource Management Act 1991 apply with the necessary modifications for the purpose of subsection (1)(a) : a section 38 (authorisation and responsibilities of enforcement officers): b Part 12 (declarations, enforcement, and ancillary powers). 10 Repeal of this Act and revocation of plan This Act is repealed on the close of the period of 5 years beginning with the date of the commencement of this Act. The mangrove management plan is revoked on the close of the period of 5 years beginning with the date of the commencement of this Act. Provisions relating to preparation, approval, adoption, and review of mangrove management plan The mangrove management plan must— a identify and map, to the standard required for a plan that complies with the Cadastral Survey Act 2002, the areas within the Whangamatā harbour where mangrove management activities are to be undertaken; and b state the objectives of the plan, including a description of the levels of mangrove vegetation in the identified areas; and c describe the methods to be used in achieving the objectives of the plan; and d identify any amenity values or ecosystems that may be affected by mangrove management activities; and e describe the mechanisms the council intends to use to monitor and assess the effectiveness of the mangrove management activities in achieving the objectives of the plan; and f give effect to the New Zealand Coastal Policy Statement. The mangrove management plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right that may be exercised under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011. If a protected customary rights group considers that a rule in the mangrove management plan or the proposed mangrove management plan does not comply with section 85A of the Resource Management Act 1991, the holder of the protected customary rights order may apply to the Environment Court in accordance with section 293A(3) of that Act for a change to a rule in the mangrove management plan or proposed mangrove management plan. The Environment Court, in determining whether a rule in a plan or proposed plan complies with section 85A of that Act, must consider— a the effects of the proposed activity on the exercise of a protected customary right; and b the area that the proposed activity would have in common with the protected customary right; and c the degree to which the proposed activity must be carried out to the exclusion of other activities; and d the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and e whether the protected customary right can be exercised only in a particular area. The Environment Court, in making its determination, has all the powers in Part 11 of the Resource Management Act 1991 that are necessary to make a decision, including (but not limited to) the powers in section 293A. In this clause, protected customary right , protected customary rights group , and protected customary rights order have the meanings given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011. The mangrove management plan— a may permit mangrove management activities to be undertaken and specify any conditions or restrictions that apply to those activities; and b must require the disposal of mangroves (and any part of a mangrove removed as part of a mangrove management activity) outside the coastal marine area; and c may include any other matter that the council considers necessary or desirable to give effect to the purpose of the mangrove management plan. The committee may prepare a draft mangrove management plan for the Whangamatā harbour. In preparing a draft mangrove management plan, the committee must— a complete an assessment of environmental effects in accordance with clauses 6(1) and 7(1) of Schedule 4 of the Resource Management Act 1991; and b consider where mangroves contribute to coastal ecosystems or protect the coast from erosion. The committee must comply with the requirements of clauses 3, 3B, 3C, and 4A of Schedule 1 of the Resource Management Act 1991 as if every reference in those provisions— a to a proposed plan were a reference to the draft mangrove management plan: b to a customary marine title group in the area were a reference to a customary marine title group or an applicant group, as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011. The committee must consider any comments received and may amend the draft mangrove management plan as it thinks fit. The committee must provide the draft mangrove management plan to the council. This clause applies if any other legislation (including the Resource Management Act 1991 and legislation that provides for the settlement of a historical claim under the Treaty of Waitangi Act 1975) provides for participation in decision-making by iwi or Māori organisations in the preparation of any plan under the Resource Management Act 1991 that relates to the Whangamatā harbour. If this clause applies, the provisions in the other legislation apply to the preparation of the mangrove management plan as if references in that legislation to a plan under the Resource Management Act 1991 were references to the mangrove management plan. If, after preparing a draft mangrove management plan, the council wishes to proceed towards deciding whether to adopt the plan, the council must notify the plan and undertake the special consultative procedure in section 83 of the Local Government Act 2002. The council must have regard to the views raised by submissions and may amend the draft mangrove management plan as it thinks fit. If, after notifying a draft mangrove management plan, the council wishes to proceed towards deciding whether to adopt the plan, the council must submit the plan to the Minister of Local Government. The Minister of Local Government, after consulting the Minister of Conservation, may— a approve the draft mangrove management plan; or b recommend amendments to the plan; or c decline to approve the plan. The Minister of Local Government must notify the council, in writing, of the Minister’s decision. If the Minister of Local Government recommends amendments to the plan, the council may make the amendments and resubmit the plan to the Minister (but need not repeat any of the steps required by clauses 4 to 6 unless directed to do so by the Minister of Local Government). Once the plan is approved by the Minister of Local Government, the council must decide whether to adopt the mangrove management plan. If the council adopts the plan, it must publicly notify the plan and the date on which the plan becomes operative (which may be any date after the date of notification). The council may review and amend the mangrove management plan at any time by following the process set out in clauses 4 to 8 . However, the council may, without using that process, amend the mangrove management plan if the amendment is of minor effect or corrects a minor error. The council may withdraw the mangrove management plan at any time if it thinks fit.