194(1)(b) and (c). The Question is, That the
motion be agreed to.
agreed to. Those of that opinion will
say Aye, to the
to the contrary, No. The Ayes have it.
I
I call
I call on
I call on Government Order of the Day No. 3. Exclusive
Economic Zone and Continental Shelf (Environmental
Effects)
reading. I call the Hon Phil Twyford. I move that the
Exclusive Economic Zone and Continental Shelf
(Environmental
(Environmental Effects) Amendment Bill be now read a third time. The
bill will correct an oversight
in the legislation that manages the
effects of activities in
our offshore environment and ensure that
the cost recovery regime can
operate fairly. A new board of inquiry
process for deciding certain marine
consent applications was added to
the Exclusive Economic Zone and
Continental Shelf
Continental Shelf environmental affects act, the EEZ act in
2017 through the
through the Resource Legislation Amendment Act. An additional
provision is needed now to allow
recovery from an applicant of
board of inquiry costs. That power was
not created at the time of the
amendment, which means that those
costs currently fall
to the Crown. This bill will give effects to
the intended policy by providing for
cost recovery in respect of
boards of inquiry. The bill was
examined by the Environment Committee
in a short committee stage and I would
like to acknowledge
acknowledge their consideration and the scrutiny that they provided
to this piece of legislation. I
would also like to acknowledge
the NZ Law Society who wrote to the
Environment Committee and to the
Minister for the Environment concerning
this bill. The correspondence
included among other things a suggestion to
clarify that existing
cost recovery provisions in the EEZ act will
continue to apply and
that suggestion was reflected in a
drafting change made by
Supplementary Order Paper
048 at the committee stage. This bill
is urgent, technical and intended to
give effect to existing policy
settings. It was not considered
appropriate
appropriate to contemplate broader policy changes in relation to
the bill. A more comprehensive review of
the resource management system
will be considered next year.
The
The EZ
The EZ Act regulates the activities in the zone and extended Continental
Shelf to promote sustainment of
resources and protect
the environment from pollution.
The case by case consideration
of applications for marine consent
and discretionary activities
discretionary activities is an important function in achieving that
purpose. This bill will now
align the cost recovery model for
EEZ boards of inquiry
with other processes under the EEZ Act
and Resource Management Act. The
bill will provide for the Minister
for can Environment to recover from the
applicant the actual and reasonable
cost from the board of inquiry
appointed to decide an
application for marine consent. It's important
that the Government acts fairly
and transparently when recovering
costs T bill sets out criteria
that the minister must have regard to
when recovering costs from an applicant,
and requires the minister to
provide an estimate of the costs
likely to be recovered at the request
of the applicant. Board of inquiry
costs will not be recovered for
applications made before
the amendment comes into force.
Mr Speaker, the Environmental
Protection Authority is the key
agency that
agency that manages marine consent processes. This amendment
will enable the minister to delegate cost
recovery and the provision of
estimates to the EPA.
It will provide that the costs of
a board of inquiry are a debt due to
the Crown recoverable by the EPA
in a court of competent
jurisdiction. The amendment will not
affect the EEPA's existing pow tore recover the
costs of its functions under
the act. In short, the change
will ensure that the marine consent
process for all activities results
in a private cost, just as
it results in a private benefit and I
support the third reading
of this bill.
bill. The
bill. The question is that
the motion be agreed to. Mr Speaker. I call
the Hon Scott Simpson. Thank
you Mr Speaker. The minister has
captured the essence of this amendment
bill. It is a small, technical bill that
is required to correct a
drafting error that was made to the
Resource Legislation Amendment
Legislation Amendment Act legislation that took place in
the last Parliament. That was a
very complicated piece
complicated piece of legislation, running