Environment Act 1986

Parliamentary Commissioner for the Environment - Functions and powers

17: Matters to which regard to be given

You could also call this:

"Things the Commissioner Must Consider to Protect the Environment"

When the Commissioner is doing their job, they must think about certain things. They consider the health of important ecosystems, especially those with rare plants or animals. You need to know that the Commissioner also thinks about areas that are special because of their beauty, history, or cultural significance. The Commissioner considers how their decisions affect the environment and the people who live there, including the tangata whenua and their connection to the land. The Commissioner thinks about how changes to the environment might affect people and communities. They consider whether a proposal might pollute the environment, cause natural hazards, or introduce new species that could harm the environment. The Commissioner also thinks about whether a proposal might use up natural resources too quickly or in a way that harms the environment. The Commissioner must consider all the possible effects of a proposal on the environment, including good and bad effects, and short-term and long-term effects. They think about alternative ways to do things, including using different sites or methods, to minimise harm to the environment.

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This page was last updated on 31 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99749.

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16: Functions of Commissioner, or

"The Commissioner's Job is to Protect the Environment"

18: Powers of Commissioner, or

"The Commissioner's Job Powers"

Part 1Parliamentary Commissioner for the Environment
Functions and powers

17Matters to which regard to be given

In the performance of the Commissioner's functions the Commissioner, where the Commissioner considers it appropriate, shall have regard, in particular but not exclusively, to—
the maintenance and restoration of ecosystems of importance, especially those supporting habitats or rare, threatened, or endangered species of flora or fauna:
areas, landscapes, and structures of aesthetic, archaeological, cultural, historical, recreational, scenic, and scientific value:
any land, water, sites, fishing grounds, or physical or cultural resources, or interests associated with such areas, which are part of the heritage of the tangata whenua and which contribute to their well-being:
the effects on communities of people of—
1. actual or proposed changes to natural and physical resources:
2. the establishment or proposed establishment of new communities:
whether any proposals, policies, or other matters, the consideration of which is within the Commissioner's functions, are likely to—
1. result in or increase pollution; or
2. result in the occurrence, or increase the chances of occurrence, of natural hazards or hazardous substances; or
3. result in the introduction of species or genotypes not previously present within New Zealand (including the territorial sea); or
4. have features, the environmental effects of which are not certain, and the potential impact of which is such as to warrant further investigation in order to determine the environmental impact of the proposal, policy, or other matter; or
5. result in the allocation or depletion of any natural and physical resources in a way or at a rate that will prevent the renewal by natural processes of the resources or will not enable an orderly transition to other materials:
all reasonably foreseeable effects of any such proposal, policy, or other matter on the environment, whether adverse or beneficial, short term or long term, direct or indirect, or cumulative:
alternative means or methods of implementing or providing for any such proposal, policy, or matter in all or any of its aspects, including the consideration, where appropriate, of alternative sites.