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Resource Management Act 1991

Standards, policy statements, and plans - National direction - Designations

44B: Relationship between environmental performance standards, infrastructure design solutions, and designations

You could also call this:

"How environmental rules and plans for buildings and infrastructure work together"

Illustration for Resource Management Act 1991

You need to know how designations, environmental performance standards, and infrastructure design solutions work together. If a designation already exists when an environmental performance standard or infrastructure design solution is made, the designation is more important until it lapses or is altered under section 181. The alteration must change the conditions of the designation that are relevant to the environmental performance standard or infrastructure design solution. You should understand that if the conditions of a designation are altered, the environmental performance standard or infrastructure design solution applies to the altered conditions but not the unaltered ones. A stormwater environmental performance standard, wastewater environmental performance standard, or infrastructure design solution can be more important than a designation if the designation requires an outline plan and no plan has been completed under section 176A. This happens when the environmental performance standard or infrastructure design solution is made and the designation exists but has no completed outline plan. If a stormwater environmental performance standard, wastewater environmental performance standard, or infrastructure design solution already exists when a designation is made, it is more important than the designation. You do not have to follow a stormwater environmental performance standard, wastewater environmental performance standard, or infrastructure design solution if you were lawfully using the land under a designation that has been removed. The use must be the same as or similar to what it was before the designation was removed, and the environmental performance standard or infrastructure design solution must have been made after the designation was made. Work under a designation does not have to follow a stormwater environmental performance standard, wastewater environmental performance standard, or infrastructure design solution if the work was made, then the environmental performance standard or infrastructure design solution was made, and finally the designation was applied to the work. In this section, conditions include things about the physical boundaries of a designation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1511025.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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44A: Local authority recognition of national environmental standards, or

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

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

"What national policy statements are for: guiding big decisions that affect New Zealand's environment and people."

Part 5Standards, policy statements, and plans
National direction: Designations

44BRelationship between environmental performance standards, infrastructure design solutions, and designations

  1. A designation that exists when a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution is made prevails over the environmental performance standard or the infrastructure design solution until the earlier of the following:

  2. the designation lapses:
    1. the designation is altered under section 181 by the alteration of conditions in it to which the environmental performance standard or infrastructure design solution is relevant.

      1. If the conditions of a designation are altered as described in subsection (1)(b), the environmental performance standard or infrastructure design solution—

      2. applies to the altered conditions; and
        1. does not apply to the unaltered conditions.

          1. Despite subsection (1), a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution prevails over a designation that requires an outline plan if, when the environmental performance standard or infrastructure design solution is made,—

          2. the designation exists; and
            1. no outline plan for the designation has completed the process described in section 176A.

              1. A stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution that exists when a designation is made prevails over the designation.

              2. A use is not required to comply with a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution if—

              3. the use was lawfully established by way of a designation that has been removed; and
                1. the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation was removed; and
                  1. the environmental performance standard or infrastructure design solution is made—
                    1. after the designation was made; and
                      1. before or after the designation is removed.

                      2. Work under a designation is not required to comply with a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution if the work has come under the designation through the following sequence of events:

                      3. the work is made; and
                        1. the environmental performance standard or infrastructure design solution is made; and
                          1. the designation is applied to the work.

                            1. In this section, conditions includes a condition about the physical boundaries of a designation.

                            Notes
                            • Section 44B: inserted, on , by section 75 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).