Bills

Bills Digests

Content provider
Parliamentary Library
Information
Date:
25 February 2016
Downloads
Note: The above document(s) are provided as an Adobe PDF (PortableDocument Format) file. you can download a free viewer for PDF files from Adobe's web site.
Related documents
Contact details
Parliamentary Library
Parliament Buildings
Wellington

Digest No. 2322

Environment Canterbury (Transitional Governance Arrangements) Bill 2015 (2016 No 60-2)

Date of Introduction: 26 August 2015
Portfolio: Environment
Select Committee: Local Government and Environment
Date report presented: 15 February 2016
Published: 24 February 2016by John McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 817-9626 (Ext. 9626) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of the Bill as introduced is to:

  • provide governance arrangements for the Canterbury Regional Council to operate during “the 2016 to 2019 local authority election-cycle period;”

  • replace the governance arrangements that have been in place since 2010 under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 and replace that Act;

  • provide for a majority of members of the Council to be elected by the people of the Canterbury region; and

  • provide for the continuation of some of the modified resource management processes that have operated under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 to remain available to the Council in order to further progress issues relating to the management of fresh water within the Canterbury region (Clause 3(1) of the Bill).

The Bill as introduced is described in Bills Digest No 2269.

Main Changes

Te Rūnanga o Ngāi Tahu representation

The bar-2 Bill provides that two of the Government-appointed members of the transitional governing body (i.e. the governing body of Environment Canterbury until after the 2019 local election) are to be appointed on the recommendation of Te Rūnanga o Ngāi Tahu which must take into account the knowledge and expertise requirements placed on the responsible Ministers in making the Government appointments. Also the bar-2 Bill provides that the Ministers must consult Te Rūnanga o Ngāi Tahu before removing any member from the transitional governing authority that had been appointed on the recommendation of Te Rūnanga o Ngāi Tahu (Part 2, Clause 11, inserting new subclauses (1A) and (1B) (cf. subsections (2) and (3) which sets out the knowledge and expertise required of appointees of the Ministers); Clause 15, inserting new subsection (1A)).

Limitation of appeal rights

The bar-2 Bill is amended to “make it clearer” [1]   how the appeal provisions operate. The limitation on appeal rights (allowing appeals only on points of law to the High Court) applies to fresh water plans and regional policy statements. The bar-2 Bill provides that the relevant provisions of the Bill limiting appeal rights do not apply to any other proposed plan or regional policy statement, or to a proposed change to or variation of any other plan or regional policy statement (for example, a proposed regional coastal plan or a proposed change to or variation of a regional coastal plan) (Part 3, substituting Clause 19).

CommentThe Select Committee noted that “the Attorney-General considered this provision to be consistent with section 27(1) of the Bill of Rights Act 1990.” [2]  

Copyright: © NZ Parliamentary Library, 2016
This work is licensed under the Creative Commons Attribution 3.0 New Zealand licence. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to the Parliamentary Library and abide by the other licence terms. To view a copy of this licence, visit: http://creativecommons.org/licenses/by/3.0/nz/.

  1. Environment Canterbury (Transitional Governance Arrangements) Bill 2015 , 2016 No 60-2, As reported from the Local Government and Environment Committee, Commentary, p. 3.   [back]
  2. Ibid.   [back]