Resource Management Act 1991

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

55: Local authority recognition of national policy statements

You could also call this:

“Councils must change their rules to match what the national government says about managing the environment”

In this law, a ‘document’ means a regional policy statement, a proposed regional policy statement, a proposed plan, a plan, or a variation.

If a national policy statement tells a local authority to do so, they must change their document. They might need to add specific goals and policies from the statement, make sure their document’s goals and policies follow the statement’s goals and policies, or make their document match any limits in the statement.

The local authority must make these changes without using the normal process. They have to tell the public about the changes within 5 working days after making them.

The local authority also has to make any other changes to their document that are needed to follow the national policy statement. For these other changes, they must use the normal process.

The local authority needs to make all these changes as soon as they can, or by the time or event specified in the national policy statement.

The local authority must also do anything else that the national policy statement tells them to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233372.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils

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

55Local authority recognition of national policy statements

  1. In subsections (2) and (2A), document means—

  2. a regional policy statement; or
    1. a proposed regional policy statement; or
      1. a proposed plan; or
        1. a plan; or
          1. a variation.
            1. A local authority must amend a document, if a national policy statement directs so,—

            2. to include specific objectives and policies set out in the statement; or
              1. so that objectives and policies specified in the document give effect to objectives and policies specified in the statement; or
                1. if it is necessary to make the document consistent with any constraint or limit set out in the statement.
                  1. The local authority must—

                  2. make the amendments referred to in subsection (2) without using the process in Schedule 1; and
                    1. give public notice of the amendments within 5 working days after making them.
                      1. The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document.

                      2. The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1.

                      3. In all cases, the local authority must make the amendments—

                      4. as soon as practicable; or
                        1. within the time specified in the national policy statement (if any); or
                          1. before the occurrence of an event specified in the national policy statement (if any).
                            1. A local authority must also take any other action that is directed by the national policy statement.

                            2. Repealed
                            Notes
                            • Section 55: replaced, on , by section 23 of the Resource Management Amendment Act 2003 (2003 No 23).
                            • Section 55(1): replaced, on , by section 35 of the Resource Management Amendment Act 2005 (2005 No 87).
                            • Section 55(2): replaced, on , by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 55(2)(b): amended, on , by section 45(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 55(2)(c): inserted, on , by section 45(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 55(2A): replaced, on , by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 55(2B): inserted, on , by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 55(2C): inserted, on , by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 55(2D): inserted, on , by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 55(3): amended, on , by section 45(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 55(4): repealed, on , by section 45(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).