Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
31A: Minister of Conservation to have certain powers of local authority
or “The Conservation Minister can act like a local council for some special islands and their surrounding waters.”
You could also call this:

“Rules for making and sharing reports that check if new plans are good and will work well”

When you need to prepare an evaluation report under this Act, you need to do several things. You have to look at whether the goals of your proposal are the best way to achieve what the Act wants. You also need to check if the details in your proposal are the best way to reach those goals. This means you have to think of other possible options, see how well your ideas work, and explain why you chose them.

Your report needs to have enough detail to match how big and important the effects of your proposal might be on the environment, economy, society, and culture. You need to look at the good and bad effects, including how it might change job opportunities and economic growth. If you can, you should try to measure these effects with numbers.

If you’re changing something that already exists or is already proposed, you need to look at both the new and existing parts. If your proposal will change how much an activity is restricted compared to a national standard, you need to explain why this change is needed in each area it will affect.

For policy statements or plans, you need to include a summary of any advice you got from iwi authorities and how you responded to it. You also need to make your report available for anyone to see as soon as you can after you make your proposal or when you officially announce it.

In this context, ‘objectives’ means the goals stated in your proposal or its overall purpose. ‘Provisions’ are the specific rules or methods that help achieve these objectives. The ‘proposal’ is the new standard, statement, regulation, plan, or change that you’re evaluating.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 32AA: Requirements for undertaking and publishing further evaluations

or “Councils must check and share information about changes to their plans”
Next

Part 4 Functions, powers, and duties of central and local government
Functions, powers, and duties of local authorities

32Requirements for preparing and publishing evaluation reports

  1. An evaluation report required under this Act must—

  2. examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and
    1. examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by—
      1. identifying other reasonably practicable options for achieving the objectives; and
        1. assessing the efficiency and effectiveness of the provisions in achieving the objectives; and
          1. summarising the reasons for deciding on the provisions; and
          2. contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal.

            1. An assessment under subsection (1)(b)(ii) must—

            2. identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—
              1. economic growth that are anticipated to be provided or reduced; and
                1. employment that are anticipated to be provided or reduced; and
                2. if practicable, quantify the benefits and costs referred to in paragraph (a); and
                  1. assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.

                    1. If the proposal (an amending proposal) will amend a standard, statement, national planning standard, regulation, plan, or change that is already proposed or that already exists (an existing proposal), the examination under subsection (1)(b) must relate to—

                    2. the provisions and objectives of the amending proposal; and
                      1. the objectives of the existing proposal to the extent that those objectives—
                        1. are relevant to the objectives of the amending proposal; and
                          1. would remain if the amending proposal were to take effect.

                          2. If the proposal will impose a greater or lesser prohibition or restriction on an activity to which a national environmental standard applies than the existing prohibitions or restrictions in that standard, the evaluation report must examine whether the prohibition or restriction is justified in the circumstances of each region or district in which the prohibition or restriction would have effect.

                          3. If the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1, the evaluation report must—

                          4. summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and
                            1. summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.

                              1. The person who must have particular regard to the evaluation report must make the report available for public inspection—

                              2. as soon as practicable after the proposal is made (in the case of a standard, regulation, national policy statement, or New Zealand coastal policy statement); or
                                1. at the same time as the proposal is notified.

                                  1. In this section,—

                                    objectives means,—

                                    1. for a proposal that contains or states objectives, those objectives:
                                      1. for all other proposals, the purpose of the proposal

                                        proposal means a proposed standard, statement, national planning standard, regulation, plan, or change for which an evaluation report must be prepared under this Act

                                          provisions means,—

                                          1. for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change:
                                            1. for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal.

                                            Notes
                                            • Section 32: replaced, on , for all purposes, by section 70 of the Resource Management Amendment Act 2013 (2013 No 63).
                                            • Section 32(3): amended, on , by section 14(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                            • Section 32(4): amended, on , by section 14(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                            • Section 32(4A): inserted, on , by section 14(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                            • Section 32(5)(a): amended, on , by section 125 of the Statutes Amendment Act 2019 (2019 No 56).
                                            • Section 32(5)(b): amended, on , by section 14(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                            • Section 32(6) proposal: amended, on , by section 14(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).