Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

70: Rules about discharges

You could also call this:

"Rules to protect the environment from harmful discharges into water or onto land"

Illustration for Resource Management Act 1991

When a regional council makes a rule about discharging contaminants or water into water or onto land, they must check that it will not harm the environment. They need to make sure the discharge will not cause problems like oil or grease films on the water, change the colour or clarity of the water, or make a bad smell. The council also needs to check that the discharge will not hurt animals that drink the water or harm aquatic life.

Before the council includes a rule in a regional plan that requires people to use the best option to prevent or minimise harm to the environment, they must be satisfied that this rule is the most efficient and effective way to do so. They must consider the type of discharge and the environment it will affect, as well as other options. The council must choose the option that best prevents or minimises harm to the environment.

In some cases, a regional council can allow a discharge that may cause some harm to the environment if they are satisfied that the harm is already present and that the rule includes standards to reduce the harm over time, no more than 10 years. The council must be satisfied that these standards will contribute to reducing the harm. They must also make sure that the standards start to apply from the date the rule becomes operative.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233654.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
Previous

69: Rules relating to water quality, or

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

Next

71: Requirements for rules that control fishing, or

"Rules for councils to control fishing in coastal areas"

Part 5Standards, policy statements, and plans
Local authority policy statements and plans: Regional plans

70Rules about discharges

  1. Before a regional council includes in a regional plan a rule that allows as a permitted activity—

  2. a discharge of a contaminant or water into water; or
    1. a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water,—
        1. the regional council shall be satisfied that none of the following effects are likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants):
      1. the production of conspicuous oil or grease films, or scums or foams:
        1. any conspicuous change in the colour or visual clarity:
          1. any emission of objectionable odour:
            1. the rendering of fresh water unsuitable for consumption by farm animals:
              1. any significant adverse effects on aquatic life.

                1. Before a regional council includes in a regional plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the regional council shall be satisfied that, having regard to—

                2. the nature of the discharge and the receiving environment; and
                  1. other alternatives, including a rule requiring the observance of minimum standards of quality of the environment,—
                      1. the inclusion of that rule in the plan is the most efficient and effective means of preventing or minimising those adverse effects on the environment.

                    1. Despite subsection (1), a regional council may include in a regional plan a rule that allows as a permitted activity a discharge described in subsection (1)(a) or (b) that may allow the effects described in subsection (1)(d), (f), or (g) if—

                    2. the council is satisfied that those effects are already in the receiving waters; and
                      1. the rule includes standards for the permitted activity; and
                        1. the council is satisfied that those standards, or those standards in combination with any other provisions in the plan, will contribute to a reduction of those effects over a period of time—
                          1. no greater than 10 years; and
                            1. commencing on the date that the rule becomes operative.

                            Notes
                            • Section 70(1)(c): replaced, on , by section 16(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                            • Section 70(3): inserted, on , by section 16(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).