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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

360I: Regulations to modify or remove provisions in policy statement or plan

You could also call this:

"Rules to change or cancel parts of plans that affect the environment and communities"

Illustration for Resource Management Act 1991

The Governor-General can make rules to change or remove parts of a policy statement or plan. You need to know that the Minister must follow certain steps before recommending these rules, including complying with sections 360J to 360L. The Minister must also be satisfied that the parts of the policy statement or plan have a negative impact on the economy or jobs.

The Minister must check that the parts of the policy statement or plan were not included because of a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or a Mana Whakahono a Rohe or joint management agreement. The Minister must also be satisfied that changing or removing these parts does not stop the policy statement or plan from following a national policy statement, and that it does not make the plan inconsistent with a national environmental standard. These rules can apply to the whole country or just to a specific area or group of people.

These rules can include information from other sources, and Schedule 1AA applies to these rules. You should look at Part 3 of the Legislation Act 2019 to see how these rules are published. The rules made under this section, as well as any notices, are considered secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1495162.

Topics:
Environment and resources > Town planningMāori affairs > Treaty of Waitangi
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"Rules about telling people when someone asks to use land or resources in a special way"

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360J: Minister to investigate and report, or

"The Minister checks rules to see if they are fair and good for the community and writes a report about it"

Part 14Miscellaneous provisions
Rights of objection

360IRegulations to modify or remove provisions in policy statement or plan

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that modify or remove provisions of a policy statement or plan.

  2. Before recommending the making of regulations under this section, the Minister must—

  3. comply with sections 360J to 360L; and
    1. be satisfied that the provisions have a negative impact on economic growth, development capacity, or employment; and
      1. be satisfied that the following criteria are met:
        1. the provisions have not been included in a policy statement or plan in recognition of an obligation or a right under a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011, Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or a Mana Whakahono a Rohe or joint management agreement; and
          1. the modification or removal of the provisions of the policy statement or plan does not prevent the policy statement or plan from giving effect to a national policy statement; and
            1. the modification or removal of the provisions of the plan does not make the plan inconsistent with a national environmental standard.

            2. Any regulations may apply generally or may apply or be applied from time to time by the Minister by notice, within any specified district or region of any local authority or within any specified part of New Zealand, or to any specified class or classes of persons.

            3. Regulations made under this section may incorporate material by reference. Schedule 1AA applies as if its references to a national environmental standard, national policy statement, or New Zealand coastal policy statement were references to regulations under this section.

            4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

            5. regulations under subsection (1):
              1. a notice under subsection (3).

                Notes
                • Section 360I: inserted, on , by section 86 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).