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Resource Management Act 1991

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

44A: Local authority recognition of national environmental standards

You could also call this:

“Local councils must make sure their rules match the country's environmental rules”

When a local authority has a plan or proposed plan, there are rules about how it works with national environmental standards. If the plan has a rule that’s the same as or conflicts with a national standard, the local authority needs to change its plan.

You might wonder what it means for a rule to conflict with a standard. It can happen in two ways. First, if the rule is stricter than the standard by not allowing something the standard allows, and the standard doesn’t say it’s okay to be stricter. Second, if the rule is more relaxed than the standard, and the standard doesn’t say it’s okay to be more relaxed.

When there’s a clash between a plan and a standard, the local authority has to fix it. They do this by changing their plan without using the usual process. They need to do this as soon as they can after the standard starts.

Local authorities can also add a mention of a national environmental standard to their plan without using the usual process. They can do this any time after the standard starts.

It’s important to know that all local authorities and consent authorities must follow national environmental standards. They also have to make sure others follow these standards as much as they can with the powers they have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2413621.

Topics:
Environment and resources > Conservation
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44: Restriction on power to make national environmental standards, or

“The Minister must follow certain steps before making rules about the environment, except for small changes.”

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45: Purpose of national policy statements (other than New Zealand coastal policy statements), or

“National policy statements explain important rules for taking care of New Zealand's environment”

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

44ALocal authority recognition of national environmental standards

  1. Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard.

  2. Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if—

  3. both of the following apply:
    1. the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and
      1. the standard does not expressly say that a rule may be more stringent than it; or
      2. the rule in the plan is more lenient than a provision in the standard and the standard does not expressly specify that a rule may be more lenient than the provision in the standard.

        1. If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

        2. without using the process in Schedule 1; and
          1. in accordance with the specification in the national environmental standard.

            1. If the duplication or conflict arises as described in section 43A(5)(c), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

            2. without using the process in Schedule 1; and
              1. as soon as practicable after the date on which the standard comes into force.

                1. In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict—

                2. without using the process in Schedule 1; and
                  1. as soon as practicable after the date on which the standard comes into force.

                    1. A local authority may amend a plan or proposed plan to include a reference to a national environmental standard—

                    2. without using the process in Schedule 1; and
                      1. after the date on which the standard comes into force.

                        1. Every local authority and consent authority must observe national environmental standards.

                        2. Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so.

                        Notes
                        • Section 44A: inserted, on , by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 44A(2)(b): replaced, on , by section 34 of the Resource Legislation Amendment Act 2017 (2017 No 15).