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Resource Management Act 1991

Standards, policy statements, and plans - Planning processes stopped until 31 December 2027 - Exemptions

80W: Criteria for Minister’s consideration

You could also call this:

"What the Minister thinks about when deciding if someone can be exempt from a rule"

Illustration for Resource Management Act 1991

When you apply for an exemption under section 80V, the Minister must consider certain criteria. The Minister must be satisfied that granting an exemption would meet one or more of these criteria. You can find these criteria in the next part.

The Minister looks at whether an exemption would help with things like providing drinking water, stormwater, or wastewater, as set out in the Water Services Act 2021. The Minister also considers whether an exemption would fix problems with plans or policies that are not working, or help with changes to this Act.

The Minister thinks about whether an exemption would help manage climate change, or support the transition of high-risk land to better manage erosion risks. The Minister also looks at whether an exemption would uphold Treaty of Waitangi settlements, or help respond to Environment Court recommendations. The Minister can also consider other reasons for granting an exemption that they think are appropriate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1494542.

Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyHousing and property > Land useMāori affairs > Treaty of Waitangi
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Part 5Standards, policy statements, and plans
Planning processes stopped until 31 December 2027: Exemptions

80WCriteria for Minister’s consideration

  1. In determining an application for an exemption made under section 80V, the Minister must be satisfied that granting an exemption would meet 1 or more of the criteria set out in subsection (2), to the extent that the criteria are relevant in the circumstances.

  2. The criteria are that an exemption would—

  3. better enable the local authority to provide, operate, or maintain municipal drinking water, stormwater, or wastewater in accordance with the Water Services Act 2021:
    1. rectify any provisions in a plan or policy statement that have had unintended consequences, are unworkable, or have led to inefficient outcomes:
      1. respond to changes made to this Act:
        1. better enable climate change to be managed:
          1. support the transition of high risk land so as to better manage the risk of erosion:
            1. better enable any relevant Treaty of Waitangi settlement Act or deed of settlement, and the Crown’s obligations under that settlement, to be upheld:
              1. enable a response to be made to a recommendation from the Environment Court:
                1. enable work to be progressed that, for any other reason, the Minister considers appropriate.

                  Notes
                  • Section 80W: inserted, on , by section 26 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).