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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Regional plans

69: Rules relating to water quality

You could also call this:

“Rules that tell us how to keep water clean and safe for different uses”

When a regional council decides to manage certain waters for specific purposes, they may set rules about water quality. These rules must follow the standards in Schedule 3 unless the council thinks those standards aren’t good enough. If that’s the case, the council can make the rules stricter or more specific.

If the classes in Schedule 3 don’t fit the purpose for managing certain waters, the council can create new classes and standards for water quality in those areas.

The council can’t make rules that might lower the water quality from what it was when the public was told about the proposed plan. However, they can do this if it fits with the purpose of the Act. When setting these rules, the council needs to allow for reasonable mixing of discharged contaminants or water.

Since this subsection started, Schedule 3 no longer applies to fresh water.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233653.

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
Local authority policy statements and plans: Regional plans

69Rules relating to water quality

  1. Where a regional council—

  2. provides in a plan that certain waters are to be managed for any purpose described in respect of any of the classes specified in Schedule 3; and
    1. includes rules in the plan about the quality of water in those waters,—
        1. the rules shall require the observance of the standards specified in that schedule in respect of the appropriate class or classes unless, in the council's opinion, those standards are not adequate or appropriate in respect of those waters in which case the rules may state standards that are more stringent or specific.

      1. Where a regional council provides in a plan that certain waters are to be managed for any purpose for which the classes specified in Schedule 3 are not adequate or appropriate, the council may state in the plan new classes and standards about the quality of water in those waters.

      2. Subject to the need to allow for reasonable mixing of a discharged contaminant or water, a regional council shall not set standards in a plan which result, or may result, in a reduction of the quality of the water in any waters at the time of the public notification of the proposed plan unless it is consistent with the purpose of this Act to do so.

      3. On and from the commencement of this subsection, Schedule 3 ceases to be applicable to fresh water.

      Notes
      • Section 69(4): inserted, on , by section 57 of the Resource Legislation Amendment Act 2017 (2017 No 15).