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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:

"Councils must follow and enforce national environmental rules when making local plans and decisions."

If you are part of a local authority, you need to know about national environmental standards. You must follow these standards when making plans or rules. If your plan or rule is the same as a national environmental standard, or if it disagrees with one, you have to change it.

You have to change your plan or rule if it is more strict or more lenient than a national environmental standard, unless the standard says you can do that. You can find out more about this in section 43A(1)(e) or section 43A(5)(c). You must make the change without using the process in Schedule 1.

If a national environmental standard comes into force, you must change your plan or rule as soon as possible. You can also add a reference to a national environmental standard to your plan or rule after it comes into force, without using the process in Schedule 1. You must follow national environmental standards and make sure others do too, as much as your powers allow. You must also enforce the standards to the extent that your powers enable you to do so.

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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 > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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44: Restriction on power to make national environmental standards, or

"Rules for creating national environmental standards that the Minister must follow"

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Part 5Standards, 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).