Plain language law

New Zealand law explained for everyone

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:

“National environmental standards can set rules about what activities are allowed or not allowed, and how they should be managed to protect the environment.”

National environmental standards can do many things to help protect our environment. They can stop certain activities from happening, or allow them to happen with rules. These standards can limit how rules are made or how resource consents are given. They can also ask you to get a special certificate to show you’re following the rules.

If a standard stops an activity, it might still let you do it if you follow special rules or get permission. Sometimes, it might say the activity is completely not allowed.

For activities that could really harm the environment, the standard must say you need permission to do them. It can’t just allow them without any checks.

When a standard allows an activity, it might say you don’t need special permission, or it might give conditions you need to follow. Sometimes, you might need to follow rules in local plans too.

If a standard and a local plan have different rules about the same thing, the standard’s rules are the ones you need to follow.

Standards can also say what kind of activity something is, like whether it’s easy to get permission for or if it needs more careful checking. They can specify what things decision-makers need to think about when giving permission.

These standards can also say when the public needs to be told about requests for permission, or when they don’t need to be told.

Lastly, standards can let local councils charge you for checking on certain allowed activities to make sure you’re following the rules.

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 It might be out of date or be missing some parts.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

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 > Climate and energy
Environment and resources > Town planning
Government and voting > Local councils
Previous

43: Regulations prescribing national environmental standards, or

“Rules that set standards for protecting the environment across New Zealand”

Next

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

“This explains when local rules or permits can be stricter or more relaxed than national environmental rules.”

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).