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Resource Management Act 1991

Standards, policy statements, and plans - National direction - National environmental standards

43A: Contents of national environmental standards

You could also call this:

“What's in the rules to protect New Zealand's environment”

National environmental standards are rules that help keep New Zealand’s environment clean and healthy. You need to know what these standards can include. They can prohibit or allow certain activities.

National environmental standards can also restrict what rules local councils can make or what resource consents they can grant. You might need a certificate to show that your activity meets the standard’s requirements. The standard can say how long a resource consent is valid for.

If a standard allows an activity, it can say whether you need a resource consent or not. It can also say what terms or conditions you must follow. Local councils must review certain permits or consents under section 128(1) as soon as possible.

A national environmental standard can require local authorities to charge for monitoring certain activities. It can also specify when the public must be notified about an application for a resource consent. The standard can say what type of activity it is, such as controlled or discretionary.

If an activity harms the environment, the standard must not allow it without a resource consent. The standard can also say what matters local councils can control or have discretion over. It is important to follow these standards to protect New Zealand’s environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233307.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Government and voting > Local councils
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43: Regulations prescribing national environmental standards, or

"Rules to protect New Zealand's environment and keep it clean and healthy"

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43B: Relationship between national environmental standards and rules or consents, or

"What happens when national environmental standards and local rules or consents disagree?"

Part 5 Standards, policy statements, and plans
National direction: National environmental standards

43AContents of national environmental standards

  1. National environmental standards may—

  2. prohibit an activity:
    1. allow an activity:
      1. restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard:
        1. require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard:
          1. specify, in relation to a rule made before the commencement of a national environmental standard,—
            1. the extent to which any matter to which the standard applies continues to have effect; or
              1. the time period during which any matter to which the standard applies continues to have effect:
              2. require local authorities to review, under section 128(1), all or any of the permits or consents to which paragraph (ba) of that subsection applies as soon as practicable or within the time specified in a national environmental standard.

                1. A national environmental standard that prohibits an activity—

                2. may do one or both of the following:
                  1. state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard, including the duration of a consent; and
                    1. require compliance with the rules in a plan or proposed plan as a term or condition; or
                    2. may state that the activity is a prohibited activity.

                      1. If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4),—

                      2. allow the activity, unless it states that a resource consent is required for the activity; or
                        1. state that the activity is a permitted activity.

                          1. A national environmental standard that allows an activity—

                          2. may state that a resource consent is not required for the activity; or
                            1. may do one or both of the following:
                              1. state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and
                                1. require compliance with the rules in a plan or proposed plan as a term or condition.

                                2. If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:

                                3. a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and
                                  1. the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and
                                    1. if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.

                                      1. A national environmental standard that allows a resource consent to be granted for an activity—

                                      2. may state that the activity is—
                                        1. a controlled activity; or
                                          1. a restricted discretionary activity; or
                                            1. a discretionary activity; or
                                              1. a non-complying activity; and
                                              2. may state the matters over which—
                                                1. control is reserved; or
                                                  1. discretion is restricted.

                                                  2. A national environmental standard may specify the activities for which the consent authority—

                                                  3. must give public notification of an application for a resource consent:
                                                    1. is precluded from giving public notification of an application for a resource consent:
                                                      1. is precluded from giving limited notification of an application for a resource consent.

                                                        1. A national environmental standard may empower local authorities to charge for monitoring any specified permitted activities in the standard.

                                                        Notes
                                                        • Section 43A: inserted, on , by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).
                                                        • Section 43A heading: replaced, on , by section 43(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 43A(1): amended, on , by section 28(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(b): replaced, on , by section 28(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(c): amended, on , by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(d): amended, on , by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(e): amended, on , by section 28(4)(a) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(e)(i): amended, on , by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(e)(ii): amended, on , by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(1)(f): amended, on , by section 29(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 43A(1)(f): amended, on , by section 28(5) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(2): replaced, on , by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(2)(a)(i): amended, on , by section 29(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 43A(3): inserted, on , by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(4): inserted, on , by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(5): inserted, on , by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(6): inserted, on , by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 43A(7): inserted, on , by section 43(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 43A(8): inserted, on , by section 29(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).