Resource Management Act 1991

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

46A: Process for preparing national environmental standards and national policy statements

You could also call this:

"How the Government Makes National Environmental Rules"

When the Minister wants to create a national environmental standard or national policy statement, they must follow a process. The Minister gives the public and iwi authorities notice of the proposal and explains why they think it is consistent with the purpose of the Resource Management Act. You are given time to make a submission on the proposal.

The Minister must give you at least 20 working days to make a submission. A report is made to the Minister on the submissions and the proposal. The person preparing the report must consider the matters in Part 2.

The Minister can consult with you on a draft of the document at any time. If the Minister decides to recommend regulations after consulting with you, the consultation satisfies the requirement to consult the public and iwi authorities in relation to those regulations, such as those under sections 360 to 360C. The Minister uses this process to prepare a national environmental standard or national policy statement.

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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 environmental standard or national policy statement, or

"Using other information in environmental rules by referencing it"

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

46AProcess for preparing national environmental standards and national policy statements

  1. If the Minister proposes to issue a national environmental standard or national policy statement, the Minister must establish and follow a process that includes the following steps:

  2. the public and iwi authorities must be given notice of—
    1. the proposed national environmental standard or national policy statement (the proposal); and
      1. why the Minister considers that the proposal is consistent with the purpose of this Act; and
      2. those notified must, subject to subsection (2), be given what the Minister considers to be adequate time and opportunity to make a submission on the subject matter of the proposal; and
        1. a report and recommendations must be made to the Minister on the submissions and the subject matter of the proposal.
          1. The time given for submissions under subsection (1)(b) must not be less than 20 working days.

          2. A person preparing a report and recommendations required by subsection (1)(c) must consider the matters in Part 2.

          3. In preparing a national environmental standard or national policy statement, the Minister may, at any time, consult on a draft of that document.

          4. If the Minister decides, after consulting as required by subsection (1), 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 (1) satisfies the requirement to consult the public and iwi authorities in relation to those regulations.

          Notes
          • Section 46A: replaced, on , by section 10 of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).