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
3. 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
   2. assessing the efficiency and effectiveness of the provisions in achieving the objectives; and
   3. summarising the reasons for deciding on the provisions; and
4. 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.

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

6. 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
   2. employment that are anticipated to be provided or reduced; and
7. if practicable, quantify the benefits and costs referred to in paragraph (a); and
8. assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.

9. A proposal that includes rules that control fishing in the coastal marine area must also include an assessment of the impact of the rules on fishing (within the meaning of section 2B). The assessment—

10. must examine whether, and the extent to which, the rules would—
    1. affect the ability of local communities to take fish, aquatic life, or seaweed for non-commercial purposes; and
    2. affect the ability of persons with a commercial interest in a species or stock to take their annual catch entitlement within the quota management area for that species or stock and have an impact on quota owners for that species or stock within the quota management area; and
    3. affect the ability of persons with a fishing permit for non-quota management species or stock to exercise their right to take fisheries resources under the permit; and
11. must examine—
    1. the location of the rules within the region; and
    2. the extent to which the rules will exclude fishing; and
    3. the extent to which fishing could be carried out in other areas; and
    4. the extent to which the rules will increase the cost of fishing; and
    5. any other controls on fishing within the region or the relevant quota management area that are imposed under this Act, the Fisheries Act 1996, or other legislation; and
    6. the overall impact that those other controls and the rules will have on fishing; and
12. may examine any other relevant factor.

13. The requirement in subsection (2A) for the assessment to examine the matters described in subsection (2A)(a) and (b) applies to the extent that information relating to those matters is reasonably available.

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

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

17. 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.

18. 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—

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

21. The person who must have particular regard to the evaluation report must make the report available for public inspection at the same time as the proposal is notified.

22. In this section,—

    annual catch entitlement, quota management area, and quota management system have the meanings given to them by section 2(1) of the Fisheries Act 1996

    non-quota management species or stock means any species or stock that the Fisheries Act 1996 applies to and is not subject to the quota management system

    objectives means,—

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

    proposal means a proposed regional policy statement, 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:
    2. for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal.