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Resource Management Act 1991

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

44: Restriction on power to make national environmental standards

You could also call this:

“The Minister must follow certain steps before making rules about the environment, except for small changes.”

Before the Minister can recommend making a national environmental standard to the Governor-General, they must do a few important things. First, they need to follow the rules in section 46A(3). They also have to write a report that explains why the standard is a good idea, following the guidelines in section 32. The Minister needs to think carefully about this report when deciding whether to recommend the standard. After that, they have to tell the public about the report and their recommendation.

When the Minister is making their decision, they have to look at any reports or suggestions that were given to them under section 46A(4)(c) or section 51. They can then choose to make changes to the proposed standard if they think it’s necessary, or they can leave it as it is.

The Minister doesn’t have to follow all these steps if they’re only suggesting a small change to the standard. This could be a change that doesn’t have much effect, or if they’re just fixing mistakes or making small technical changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233335.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Government and voting > Government departments
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“Rules can include information from other sources to help explain environmental standards.”

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44A: Local authority recognition of national environmental standards, or

“Local councils must make sure their rules match the country's environmental rules”

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

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(3); and
    1. prepare an evaluation report for the standard in accordance with section 32; and
      1. have particular regard to that report when deciding whether to recommend the making of the standard; and
        1. publicly notify the report and recommendation made under section 46A(4)(c) or 51(2), as the case requires.

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

          2. must consider a report and any recommendations made to the Minister under section 46A(4)(c) or 51, as the case requires; and
            1. may make any changes, or no changes, to the proposed national environmental standard as the Minister thinks fit.

              1. Repealed

              2. The Minister need not follow the steps in section 46A if the Minister is recommending the making of an amendment—

              3. that has no more than a minor effect; or
                1. that corrects errors or makes similar technical alterations.

                  1. Repealed
                  Notes
                  • Section 44: replaced, on , by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 44(1): replaced, on , by section 33(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 44(2): inserted, on , by section 13 of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 44(2)(a): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 44(2): repealed, on , by section 33(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 44(3): amended, on , by section 33(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 44(4): repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).