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Resource Management Act 1991

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

52: Consideration of recommendations and approval or withdrawal of statement

You could also call this:

"The Minister looks at suggestions and decides whether to approve, change or cancel a proposed national policy statement."

When a national policy statement is proposed, the Minister must consider a report and any recommendations made under section 46A(1)(c). The Minister can then make changes to the proposed statement or leave it as it is. The Minister can also withdraw all or part of the proposed statement and tell the public why it was withdrawn. The Governor-General in Council can approve a national policy statement if the Minister recommends it. After a national policy statement is approved, the Minister must publish it under the Legislation Act 2019, and notify the public and local authorities about the statement and the report made under section 46A(1)(c). The Minister must also send a summary of the recommendations and the Minister's decision to everyone who made a submission on the statement. A national policy statement is secondary legislation, which means it is a type of law made under another law, and the Legislation Act 2019 applies to it.

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51A: Withdrawal of proposed national policy statement, or

"The Minister can cancel a proposed national policy statement before it's approved."

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53: Changes to or review or revocation of national policy statements, or

"Changing or cancelling national environment rules"

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

52Consideration of recommendations and approval or withdrawal of statement

  1. In the case of a national policy statement, the Minister—

  2. first, must consider a report and any recommendations made under section 46A(1)(c); and
    1. secondly, may—
      1. make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or
        1. withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal.

          1. The Governor-General in Council may, on the recommendation of the Minister, approve a national policy statement.

          2. The Minister must, as soon as practicable after a national policy statement has been approved,—

          3. issue the statement by having it published under the Legislation Act 2019; and
            1. publicly notify the statement and the report made under section 46A(1)(c) in whatever form he or she thinks appropriate and send a copy to every local authority; and
              1. provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations).

                  1. A national policy statement under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  2. That Act applies as if—

                  3. the Minister were the maker of the national policy statement; and
                    1. the national policy statement were made when the Order in Council under subsection (2) is made.

                      Notes
                      • Section 52: replaced, on , by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).
                      • Section 52 heading: amended, on , by section 52(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 52(1): replaced, on , for all purposes, by section 75 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 52(1): amended, on , by section 14(1) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                      • Section 52(1): amended, on , by section 44(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                      • Section 52(1)(a): replaced, on , by section 14(2) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                      • Section 52(1)(c): repealed, on , by section 14(3) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                      • Section 52(3)(a): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 52(3)(b): amended, on , by section 14(4) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                      • Section 52(3)(c): replaced, on , by section 52(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 52(3)(d): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 52(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 52(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).