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Resource Management Act 1991

Standards, policy statements, and plans - National direction - Wastewater and stormwater environmental performance standards

58JB: Relationship between wastewater and stormwater environmental performance standards and other instruments

You could also call this:

"How wastewater and stormwater rules work with other environmental laws"

Illustration for Resource Management Act 1991

You need to know how wastewater and stormwater environmental performance standards work with other rules. A wastewater or stormwater environmental performance standard is more important than a rule. This applies whether the rule is more or less strict than the standard. You should understand that if there is a conflict between a standard and some documents, the standard is more important. These documents include national policy statements, New Zealand coastal policy statements, and national environmental standards. They also include regional policy statements, regional plans, and district plans. However, if a document is giving effect to Te Ture Whaimana o Te Awa o Waikato, and it conflicts with a standard, the document is more important. Local authorities must amend their plans to remove any conflicts with the standards. They must do this as soon as possible after the standard comes into force. Local authorities and consent authorities must enforce the standards and follow them. They must do this within their powers and to the extent they can. But if a rule gives effect to Te Ture Whaimana o Te Awa o Waikato and is more strict than a standard, the rule is more important. The Local Government (Water Services) (Repeals and Amendments) Act 2025 inserted this section into law. This happened on 27 August 2025. You can find more information about this act on the New Zealand legislation website. Local authorities have to follow the standards and make sure others do too. They must work within their powers to enforce the standards. This is an important part of keeping our environment clean and healthy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525915.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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58JA: Certain obligations stopped until 31 December 2027, or

"Some rules don't apply until 31 December 2027"

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58JC: Plan may permit effects that wastewater or stormwater environmental performance standard does not deal with, or

"A plan can allow activities and set rules for effects not covered by wastewater or stormwater standards."

Part 5Standards, policy statements, and plans
National direction: Wastewater and stormwater environmental performance standards

58JBRelationship between wastewater and stormwater environmental performance standards and other instruments

  1. A wastewater environmental performance standard or a stormwater environmental performance standard prevails over a rule.

  2. Subsection (1) applies whether the rule is more or less stringent than the wastewater environmental performance standard or the stormwater environmental performance standard.

  3. If there is any conflict or duplication between a wastewater environmental performance standard or a stormwater environmental performance standard and a document listed in subsection (4), the environmental performance standard prevails.

  4. The documents are—

  5. a national policy statement:
    1. a New Zealand coastal policy statement:
      1. a national environmental standard:
        1. a regional policy statement:
          1. a regional plan:
            1. a district plan.

              1. However, if anything in a document listed in subsection (4)(d), (e), or (f) (the relevant document) conflicts with or duplicates anything in a wastewater environmental performance standard or a stormwater environmental performance standard, then, to the extent that the conflict or duplication results from the relevant document giving effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River,—

              2. subsection (3) does not apply; and
                1. the relevant document prevails.

                  1. If a local authority’s plan or proposed plan contains a rule that conflicts with or duplicates a provision in a wastewater environmental performance standard or a stormwater environmental performance standard, the local authority must amend the plan or proposed plan to remove the conflict or duplication—

                  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. Every local authority and consent authority must—

                      2. enforce the observance of stormwater environmental performance standards and wastewater environmental performance standards—
                        1. within the limits specified in subsections (5) and (8); and
                          1. to the extent to which their powers enable them to do so; and
                          2. observe stormwater environmental performance standards and wastewater environmental performance standards.

                            1. However, subsections (1), (2), and (6) do not apply if—

                            2. the rule gives effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
                              1. the rule is more stringent than the wastewater environmental performance standard or the stormwater environmental performance standard.

                                Notes
                                • Section 58JB: inserted, on , by section 76 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).