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Resource Management Act 1991

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

46A: Single process for preparing national directions

You could also call this:

“This law explains how the government creates rules to protect the environment in New Zealand”

When the Minister wants to create a national direction, which can be a national environmental standard or a national policy statement, they have two options for how to do it.

The first option is to follow the steps outlined in sections 47 to 51. The second option is to create a new process that includes specific steps.

If the Minister chooses the second option, they must make sure to do these things:

  1. Tell the public and iwi authorities about the proposed national direction and why it fits with the purpose of the Act.

  2. Give people enough time to share their thoughts on the national direction.

  3. Have someone write a report for the Minister about what people said and recommend what to do.

  4. Consider all the important things listed in section 51(1), just as if a board of inquiry was looking at it.

The Minister can ask for feedback on a draft of the national direction at any time while making it.

When deciding which option to use, the Minister can think about things like how quickly they need to make the national direction, how different it is from other rules and plans, and how much people have already talked about it.

If the Minister decides to make regulations about the same topic after following either process, they don’t need to ask the public and iwi authorities again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233349.

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46: Proposed national policy statement, or

“A rule or plan that the government wants to make about how to use natural resources in New Zealand”

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46B: Incorporation of material by reference in national direction, or

“National rules can include other important information to help explain things better.”

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

46ASingle process for preparing national directions

  1. This section and sections 47 to 51 set out the requirements for preparing a national direction.

  2. In this section and sections 46B to 51, national direction means both or either of the following documents:

  3. a national environmental standard:
    1. a national policy statement.

      1. If the Minister proposes to issue a national direction, the Minister must either—

      2. follow the requirements set out in sections 47 to 51; or
        1. establish and follow a process that includes the steps described in subsection (4).

          1. The steps required in the process established under subsection (3)(b) must include the following:

          2. the public and iwi authorities must be given notice of—
            1. the proposed national direction; and
              1. why the Minister considers that the proposed national direction is consistent with the purpose of the Act; and
              2. those notified must be given adequate time and opportunity to make a submission on the subject matter of the proposed national direction; and
                1. a report and recommendations must be made to the Minister on the submissions and the subject matter of the national direction; and
                  1. the matters listed in section 51(1) must be considered as if the references in that provision to a board of inquiry were references to the person who prepares the report and recommendations.

                    1. In preparing a national direction, the Minister may, at any time, consult on a draft national direction.

                    2. When choosing between subsection (3)(a) and (b), the Minister may consider—

                    3. the advantages and disadvantages of preparing the proposed national direction quickly:
                      1. the extent to which the proposed national direction differs from—
                        1. other national environmental standards:
                          1. other national policy statements:
                            1. regional policy statements:
                              1. plans:
                              2. the extent and timing of public debate and consultation that took place before the proposed national direction was prepared:
                                1. any other relevant matter.

                                  1. If the Minister decides, after consulting as required by subsection (3), to recommend that regulations on the same subject matter as that consulted on be made under any of sections 360 to 360C, the consultation under subsection (3) satisfies the requirement to consult the public and iwi authorities in relation to those regulations.

                                  2. Repealed
                                  Notes
                                  • Section 46A: replaced, on , by section 37 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                  • Section 46A(2): amended, on , by section 109 of the Statutes Amendment Act 2022 (2022 No 75).
                                  • Section 46A(7): amended, on , by section 14 of the Resource Management Amendment Act 2020 (2020 No 30).
                                  • Section 46A(8): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).