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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Certain provisions of NPSIB 2023 suspended for 3-year period

78: Time-limited modifications to NPSIB 2023

You could also call this:

"Temporary changes to some environmental rules for 3 years"

When the Resource Management (Freshwater and Other Matters) Amendment Act 2024 comes into force, some rules in the NPSIB 2023 will not apply for 3 years. You need to know what the 3-year period means: it starts when the Act comes into force and ends 3 years later. The commencement date is when the Resource Management (Freshwater and Other Matters) Amendment Act 2024 comes into force.

Some parts of the NPSIB 2023 will not apply during the 3-year period, like identifying areas with significant indigenous vegetation or habitats. You should understand that local authorities will not have to follow these rules for 3 years. Local authorities must still follow other rules in the NPSIB 2023.

If a new area with significant indigenous vegetation or habitat is found during the 3-year period, the NPSIB 2023 will not apply to it. You will not see any changes to areas that were already identified before the commencement date. Any planning processes that started before the commencement date will continue as normal, according to Schedule 1.

This section of the law will be repealed after the 3-year period ends. You can find more information about this in clause 40 of Schedule 12. The law is subject to change, and you can check the Resource Management (Freshwater and Other Matters) Amendment Act 2024 for more details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1002232.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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Part 5Standards, policy statements, and plans
Local authority policy statements and plans: Certain provisions of NPSIB 2023 suspended for 3-year period

78Time-limited modifications to NPSIB 2023

  1. In this section,—

    3-year period means the period that—

    1. commences on the date on which the Resource Management (Freshwater and Other Matters) Amendment Act 2024 comes into force; and
      1. expires on the date that is 3 years after that date

        commencement means the date on which the Resource Management (Freshwater and Other Matters) Amendment Act 2024 comes into force

          NPSIB SNA means a significant natural area as defined in clause 1.6 of the NPSIB 2023.

          1. The following provisions of the NPSIB 2023 do not apply during the 3-year period:

          2. clause 2.2, Policy 6 (which requires a consistent approach in identifying significant indigenous vegetation and significant habitats of indigenous fauna as NPSIB SNAs):
            1. clause 3.8(1), (6), and (8) (which requires a territorial authority to conduct assessments to identify areas of significant indigenous vegetation and significant habitats of indigenous fauna that qualify as NPSIB SNAs):
              1. clause 3.9(1) (which requires a territorial authority to notify a plan or plan change to include areas identified as qualifying as NPSIB SNAs):
                1. clause 3.9(3) (which requires that a local authority must, when doing its 10-yearly plan review, assess its district in accordance with clause 3.8(1) and (2) to determine whether changes are needed).

                  1. Clause 4.1(1) of the NPSIB 2023 (which requires a local authority to give effect to the NPSIB 2023 as soon as reasonably practicable)—

                  2. does not apply during the 3-year period in relation to clause 3.8(5) of the NPSIB 2023 and the provisions of the NPSIB 2023 specified in subsection (2); but
                    1. continues to apply in relation to the other provisions of the NPSIB 2023.

                      1. This section does not affect—

                      2. any function or requirement under other provisions of this Act relating to indigenous biological diversity, areas of significant indigenous vegetation, or areas of significant habitats of indigenous fauna; or
                        1. any obligations of local authorities and other decision makers under this Act to give effect to provisions in policy statements and plans relating to indigenous biological diversity.

                          1. However, if, during the 3-year period, a new area of significant indigenous vegetation or significant habitat of indigenous fauna is included in a proposed policy statement, proposed plan, or change,—

                          2. the new area is not an NPSIB SNA regardless of how it is described in that document; and
                            1. the NPSIB 2023 does not apply to the new area.

                              1. This section does not affect—

                              2. any NPSIB SNA included in a policy statement, proposed policy statement, plan, proposed plan, or change before commencement (see also clause 40 of Schedule 12); or
                                1. any of the following matters that commenced but were not completed before commencement (see also clause 40 of Schedule 12):
                                  1. a proposed policy statement, proposed plan, or change (a planning process) that has been notified under Schedule 1; and
                                    1. the identification, modification, or removal of an area to give effect to decisions on that planning process.

                                    2. This section is repealed on the close of the date of expiry of the 3-year period.

                                    Notes
                                    • Section 78: inserted, on , by section 20 of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).