This Act may be cited as the Environment Act 1986.
(2)
This Act shall come into force on the 1st day of January 1987.
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Interpretation
In this Act, unless the context otherwise requires,—
Commissioner means the Parliamentary Commissioner for the Environment appointed under this Act
Consent means an authorisation, permission, a licence, a permit, a right, and any other approval of any type whatsoever, capable of being granted under—
(a)
Any Act specified in the Schedule to this Act:
(b)
Any regulation, rule, Order in Council, Proclamation, notice, or bylaw in force under any of those Acts:
(c)
Any operative regional plan or district plan or proposed plan under the Resource Management Act 1991—
and which it is necessary to obtain before the lawful commencement of any undertaking or activity which may affect the environment
Consent: paragraph (c) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Contaminant, means any substance (including gases, liquids, solids, and micro-organisms) or energy (including radioactivity and electromagnetic radiation but excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat—
(a)
Changes or has the potential, when discharged into water, to change the physical, chemical, or biological condition of that water; or
(b)
Changes or has the potential, when discharged onto or into land or into air, to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged:
Contaminant: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Ecosystem means any system of interacting terrestrial or aquatic organisms within their natural and physical environment
Environment includes—
(a)
Ecosystems and their constituent parts including people and communities; and
(b)
All natural and physical resources; and
(c)
Those physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes; and
(d)
The social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this definition or which are affected by those matters:
Environment: paragraph (a) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words “including people and communities”.
Environment: paragraph (c) was substituted, and paragraph (d) was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Hazardous substance means any substance which may impair human, plant, or animal health or may adversely affect the health or safety of any person or the environment, whether or not contained in or forming part of any other substance or thing
Hazardous substance: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Hazardous substance: this definition was substituted, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).
local authority has the same meaning as in section 5(1) of the Local Government Act 2002
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Minister means the Minister for the Environment
Ministry means the Ministry for the Environment established under this Act
Natural hazard means any atmospheric or earth or water related occurrence (including erosion, volcanic activity, landslip, subsidence, sedimentation, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or the environment
Natural and physical resources includes water, air, soil, minerals, hydrocarbons, and energy, all forms of flora and fauna (whether native to New Zealand or introduced) and any building, structure, machine, device, or other facility made by people
Pollution means any process, whether natural or artificial, resulting in the introduction of any contaminant into the environment; and noise; and pollutant has a corresponding meaning
Pollution: this definition was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words “includes air pollution within the meaning of the Clean Air Act 1972, and”.
Public authority means—
(a)
A Minister of the Crown:
(b)
A Government department:
(c)
Any instrument of the Executive Government of New Zealand:
(d)
Any local authority:
Secretary means the Secretary for the Environment appointed in accordance with section 29 of this Act
Territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
Territorial Sea: the reference to the “Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977” was substituted, as from 1 August 1996, for a reference to the “Territorial Sea and Exclusive Economic Zone Act 1977” pursuant to section 5(4) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Treaty of Waitangi means the Treaty of Waitangi as set out in Schedule 1 to the Treaty of Waitangi Act 1975.
There shall be appointed, as an officer of Parliament, a Parliamentary Commissioner for the Environment.
(2)
Subject to section 8 of this Act, the Commissioner shall be appointed by the Governor-General on the recommendation of the House of Representatives.
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Commissioner not to hold other offices
The Commissioner shall not be capable of being a member of Parliament or of a local authority, and shall not, without the approval of the Speaker of the House of Representatives in each particular case, hold any office of trust or profit or engage in any occupation for reward outside the duties of the Commissioner's office.
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Term of office of Commissioner
(1)
Except as otherwise provided in this Act, the Commissioner shall hold office for a term of 5 years, but may be reappointed from time to time.
(2)
Where the term for which the Commissioner has been appointed expires, the Commissioner, unless sooner resigning from office or removed from office, shall continue to hold office, by virtue of the appointment for the term that has expired, until—
(a)
The Commissioner is reappointed; or
(b)
A successor to the Commissioner is appointed.
(3)
The Commissioner may at any time resign from office by writing addressed to the Speaker of the House of Representatives, or to the Prime Minister if there is no Speaker or if the Speaker is absent from New Zealand.
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Removal or suspension from office
(1)
Subject to subsection (2) of this section, the Commissioner may be removed or suspended from office only by the Governor-General, upon an address from the House of Representatives, for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct.
(2)
At any time when Parliament is not in session, the Commissioner may be suspended from office by the Governor-General in Council for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General in Council; but any such suspension shall not continue in force beyond the end of the 24th sitting day of the next ensuing session of Parliament, and the salary of the Commissioner shall continue to be paid notwithstanding the suspension.
Subsections (1) and (2) were amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the office” for the word “disability”.
If the Commissioner dies, or resigns from office, or is removed from office, the vacancy thereby created shall be filled as soon as practicable in accordance with this section.
(2)
Subject to subsection (3) of this section, a vacancy in the office of Commissioner shall be filled by the appointment of a Commissioner by the Governor-General on the recommendation of the House of Representatives.
(3)
If—
(a)
A vacancy occurs while Parliament is not in session or exists at the close of a session; and
(b)
The House of Representatives has not recommended an appointment to fill the vacancy—
the vacancy, at any time before the commencement of the next ensuing session of Parliament, may be filled by the appointment of a successor by the Governor-General in Council.
(4)
Any appointment made under subsection (3) of this section shall lapse and the office shall again become vacant unless, before the end of the 24th sitting day of the House of Representatives following the date of the appointment, the House confirms the appointment.
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Salary and allowances of Commissioner
(1)
There shall be paid to the Commissioner out of public money, without further appropriation than this section,—
(a)
A salary at such rate as the Remuneration Authority from time to time determines; and
(b)
Such allowances as are from time to time determined by the Remuneration Authority.
(2)
The salary of the Commissioner shall not be diminished during the continuance of the Commissioner's appointment.
(3)
Notwithstanding anything in subsection (1) of this section, there shall be paid to the Commissioner, in respect of time spent in travelling in the exercise of the Commissioner's functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Commissioner were a member of a statutory Board and the travelling were in the service of a statutory Board.
(4)
The Commissioner shall be entitled to such annual leave, sick leave, and other leave as may be determined by the Speaker of the House of Representatives.
(5)
The Commissioner shall not be regarded as being employed in the service of Her Majesty for the purposes of the State Sector Act 1988 by reason of appointment as the Commissioner.
The “State Services Act 1962” was repealed, as from 1 April 1988, by section 88(1) State Sector Act 1988 (1988 No 20).
Subsection (1) was amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the words “public money” for the words “the Consolidated Account”.
Subsection (1) was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words “Remuneration Authority” for the words “Higher Salaries Commission” in both places where they appear.
Subsection (4) was substituted, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).
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Oath to be taken by Commissioner
(1)
Before entering upon the exercise of the duties of office the Commissioner shall take an oath that he or she will faithfully and impartially perform the duties of the office, and will not, except for the purposes of this Act, divulge any information received by the Commissioner under this Act.
(2)
The oath shall be administered by the Speaker or the Clerk of the House of Representatives.
The Commissioner may from time to time appoint such employees as may be necessary for the efficient carrying out of the Commissioner's functions, powers, and duties under this Act.
(2)
The Commissioner is responsible for negotiating, under the Employment Relations Act 2000, every employment agreement applicable to employees appointed under this section.
(3)
The Commissioner shall operate a personnel policy that complies with the principle of being a good employer.
(4)
No person so employed shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 by reason of that person's appointment under this section.
Section 11 was substituted, as from 1 April 1996, by section 2 Environment Amendment Act 1996 (1996 No 11).
Subsection (2) was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
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Secondment of State servants to office of Commissioner
[Repealed]
This section was repealed, as from 1 April 1996, by section 3 Environment Amendment Act 1996 (1996 No 11).
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Employment of consultants
(1)
The Commissioner may from time to time appoint any person with expert knowledge, or who is otherwise able to assist the Commissioner, to make such inquiries, conduct such research, and make such reports as the Commissioner considers will better enable the Commissioner to exercise and perform the Commissioner's powers and functions under this Act.
(2)
The Commissioner shall determine the terms and conditions under which any person is appointed under subsection (1) of this section.
Subsection (2) was substituted, as from 1 April 1996, by section 4 Environment Amendment Act 1996 (1996 No 11).
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Speaker may require staff to be made available to select committees
At the request of any select committee of the House of Representatives, the Speaker of the House of Representatives may require the Commissioner to make available any officer or employee holding office under section 11 or section 12 of this Act or (with the person's consent) any person appointed under section 13 of this Act to advise the select committee.
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Superannuation
For the purposes of the Government Superannuation Fund Act 1956, service as the Commissioner or as an officer or employee appointed or seconded under section 11 or section 12 of this Act shall be deemed to be Government service.
With the objective of maintaining and improving the quality of the environment, to review from time to time the system of agencies and processes established by the Government to manage the allocation, use, and preservation of natural and physical resources, and to report the results of any such review to the House of Representatives and to such other bodies or persons as the Commissioner considers appropriate:
(b)
Where the Commissioner considers it necessary, to investigate the effectiveness of environmental planning and environmental management carried out by public authorities, and advise them on any remedial action the Commissioner considers desirable:
(c)
To—
(i)
Investigate any matter in respect of which, in the Commissioner's opinion, the environment may be or has been adversely affected, whether through natural causes or as a result of the acts or omissions of any person or body, to an extent which the Commissioner considers warrants investigation; and
(ii)
Advise, where necessary, the appropriate public authority and any other person or body the Commissioner thinks appropriate of the preventive measures or remedial action which the Commissioner considers should be taken; and
(iii)
Report the results of the investigation to the House of Representatives:
(d)
At the request of the House of Representatives or any select committee of the House of Representatives, to report to the House or committee on any petition, Bill, or other matter before the House or committee the subject-matter of which may have a significant effect on the environment:
(e)
On the direction of the House of Representatives, to inquire into any matter that has had or may have a substantial and damaging effect on the environment, and to report the results of the inquiry to the House:
(f)
To undertake and encourage the collection and dissemination of information relating to the environment:
(g)
To encourage preventive measures and remedial actions for the protection of the environment.
(2)
For the purposes of any inquiry held under subsection (1)(e) of this section, the Commissioner shall have the same powers as are conferred on Commissions of Inquiry by section 4 and sections 4B to 9 of the Commissions of Inquiry Act 1908; and those sections shall apply to all persons involved in any capacity in any such inquiry as if it were an inquiry conducted by a Commission under that Act.
(3)
The Commissioner shall have, in relation to any such inquiry, and any report on the results of the inquiry, the same immunities and privileges as are possessed by a District Court Judge in the exercise of the Judge's civil jurisdiction.
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Matters to which regard to be given
In the performance of the Commissioner's functions the Commissioner, where the Commissioner considers it appropriate, shall have regard, in particular but not exclusively, to—
(a)
The maintenance and restoration of ecosystems of importance, especially those supporting habitats or rare, threatened, or endangered species of flora or fauna:
(b)
Areas, landscapes, and structures of aesthetic, archaeological, cultural, historical, recreational, scenic, and scientific value:
(c)
Any land, water, sites, fishing grounds, or physical or cultural resources, or interests associated with such areas, which are part of the heritage of the tangata whenua and which contribute to their wellbeing:
(d)
The effects on communities of people of—
(i)
Actual or proposed changes to natural and physical resources:
(ii)
The establishment or proposed establishment of new communities:
(e)
Whether any proposals, policies, or other matters, the consideration of which is within the Commissioner's functions, are likely to—
(i)
Result in or increase pollution; or
(ii)
Result in the occurrence, or increase the chances of occurrence, of natural hazards or hazardous substances; or
(iii)
Result in the introduction of species or genotypes not previously present within New Zealand (including the territorial sea); or
(iv)
Have features, the environmental effects of which are not certain, and the potential impact of which is such as to warrant further investigation in order to determine the environmental impact of the proposal, policy, or other matter; or
(v)
Result in the allocation or depletion of any natural and physical resources in a way or at a rate that will prevent the renewal by natural processes of the resources or will not enable an orderly transition to other materials:
(f)
All reasonably foreseeable effects of any such proposal, policy, or other matter on the environment, whether adverse or beneficial, short term or long term, direct or indirect, or cumulative:
(g)
Alternative means or methods of implementing or providing for any such proposal, policy, or matter in all or any of its aspects, including the consideration, where appropriate, of alternative sites.
