44Restriction on power to make national environmental standards

1. Before recommending the making of a national environmental standard to the Governor-General, the Minister must—

2. comply with section 46A(1); and
3. publicly notify the report and recommendations made under section 46A(1)(c).

6. For the purposes of subsection (1)(a), the Minister—

7. must consider a report and any recommendations made to the Minister under section 46A(1)(c); and
8. may make any changes, or no changes, to the proposed national environmental standard as the Minister thinks fit.

9. Repealed

10. The Minister need not follow the process referred to in section 46A if the Minister is recommending the making of an amendment for 1 of the following reasons:

11. to align with a New Zealand Standard within the meaning of section 4 of the Standards and Accreditation Act 2015:
12. to implement New Zealand’s obligations under any international convention, protocol, or agreement to which New Zealand is a party:
13. to give effect to provisions in an emissions reduction plan or national adaptation plan:
14. to extend the time frame for implementation of any part of a national environmental standard:
15. to remove provisions in a national environmental standard that are no longer required as a consequence of changes to legislation:
16. to make changes that are no more than minor in effect, to correct errors, or to make similar technical alterations.

17. The Minister must,—

18. before recommending an amendment for a reason specified in subsection (3), consider whether it is more appropriate to follow the process referred to in section 46A to make the amendment; and
19. as soon as practicable after making the amendment under subsection (3), publish their reasons for the amendment on an internet site to which the public have access.

20. Repealed

21. An amendment under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).