Operative Waikato Regional Policy Statement (October 2000)

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Appendix 1:

Local Authority Functions under the Resource Management Act

SECTION 30:
FUNCTIONS OF REGIONAL COUNCILS

1. Every regional council shall have the following functions for the purpose of giving effect to this Act in its region:
   
   1. The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the natural and physical resources of the region:
      
   2. The preparation of objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance:
      
   3. The control of the use of land for the purpose of--
      
      1. Soil conservation:
         
      2. The maintenance and enhancement of the quality of water in water bodies and coastal water:
         
      3. The maintenance of the quantity of water in water bodies and coastal water:
         
      4. The avoidance or mitigation of natural hazards:
         
      5. The prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:
      
      
   4. In respect of any coastal marine area in the region, the control (in conjunction with the Minister of Conservation) of--
      
      1. Land and associated natural and physical resources:
         
      2. The occupation of space on lands of the Crown or lands vested in the regional council, that are foreshore or seabed and the extraction of sand, shingle, or other natural material from that land:
         
      3. The taking, use, damming, and diversion of water:
         
      4. Discharges of contaminants into or onto land, air, or water and discharges of water into water:
         
      5. Any actual or potential effects of the use, development, or protection of land, including the avoidance or mitigation of natural hazards and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:
         
      6. The emission of noise and the mitigation of the effects of noise:
         
      7. Activities in relation to the surface of water:
      
      
   5. The control of the taking, use, damming, and diversion of water, and the control of the quantity, level, and flow of water in any water body, including--
      
      1. The setting of any maximum or minimum levels or flows of water:
         
      2. The control of the range, or rate of change, of levels or flows of water:
         
      3. The control of the taking or use of geothermal energy:
      
      
   6. The control of discharges of contaminants into or onto land, air, or water and discharges of water into water:
      
   7. In relation to any bed of a water body, the control of the introduction or planting of any plant in, on, or under that land, for the purpose of--
      
      1. Soil conservation:
         
      2. The maintenance and enhancement of the quality of water in that water body:
         
      3. The maintenance of the quantity of water in that water body:
         
      4. The avoidance or mitigation of natural hazards:
      
      
   8. Any other functions specified in this Act.

SECTION 31:
FUNCTIONS OF TERRITORIAL AUTHORITIES

Every territorial authority shall have the following functions for the purpose of giving effect to this Act in its district:

1. The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:
   
2. The control of any actual or potential effects of the use, development, or protection of land, including the implementation of rules for the avoidance or mitigation of natural hazards and the prevention and mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:
   
3. The control of subdivision of land:
   
4. The control of the emission of noise and the mitigation of the effects of noise:
   
5. The control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes:
   
6. Any other functions specified in this Act.

SECTION 62
CONTENTS OF REGIONAL POLICY STATEMENTS

1. A regional policy statement shall make provision for such of the matters set out in Part I of the Second Schedule, (and such of the matters set out in Part II of that Schedule as are of regional significance), that are appropriate to the circumstances of the region, and shall state-….
   (ha) For the region or any part of the region, which local authority shall have responsibility within it own area for developing objectives, policies, and rules relating to the control of the use of land for -
   
   1. The avoidance or mitigation of natural hazards:
      
   2. The prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances-

and may state particular responsibilities for particular hazards or hazardous substances or group of hazards or hazardous substances; but if no responsibilities for a hazard or hazardous substance are identified in the policy statement, the regional council shall retain primary responsibility for the hazard or hazardous substance;

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