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Planning Bill

Foundations - National instruments - National instruments

46: Process for making national instrument

You could also call this:

"How the Minister Creates a New National Rule"

Illustration for Planning Bill

The Minister wants to create a national instrument. You will get to see a draft of it. The Minister must give iwi authorities time to look at the draft and give their thoughts. The Minister will think about what iwi authorities say. The Minister will tell you and iwi authorities about the proposal. You will get to know what the proposal is about and why it is needed. You will have time to give your thoughts on the proposal. The Minister can talk to anyone who is interested in the proposal. The Minister can also get advice from technical experts. The chief executive will write a report on what people think about the proposal. The Minister must talk to the Minister of Conservation if the proposal is about the coastal marine area. You will have at least 20 working days to give your thoughts on the proposal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1453540.

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Topics:
Government and voting > Government departmentsMāori affairs > Treaty of WaitangiMāori affairs > Māori landEnvironment and resources > ConservationEnvironment and resources > Town planning
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45: Matters to consider when making national instrument, or

"Things to think about when creating a national rule"

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47: Territorial authority and spatial plan committee must implement national instrument, or

"Follow the national rules when making plans for your area"

Part 2Foundations
National instruments: National instruments

46Process for making national instrument

  1. Before the Minister publicly notifies a national instrument, the Minister must—

  2. provide iwi authorities with a draft of the proposed national instrument or a summary of it; and
    1. give iwi authorities what the Minister considers to be adequate time and opportunity to consider the document and provide advice on it; and
      1. have regard to any advice received from iwi authorities on the document.

        1. If after having complied with subsection (1), the Minister proposes to issue a national instrument, the Minister must establish and follow a process that includes the following steps:

        2. the public and iwi authorities must be given notice of—
          1. the proposed national instrument (the proposal); and
            1. the purpose of the national instrument in terms of section 53 or 59; and
              1. how the proposal achieves the goals; and
                1. any report prepared under section 55; and
                  1. a summary of the reasons for the proposal; and
                  2. those notified must be given what the Minister considers to be adequate time and opportunity to make submissions on the subject matter of the proposal; and
                    1. a report and recommendations must be made by the chief executive to the Minister on the submissions and the subject matter of the proposal.

                      1. The Minister may, at any time, consult on the proposal with any person who may have an interest in it.

                      2. The Minister may—

                      3. establish technical advisory groups to advise the Minister on—
                        1. any matter the Minister considers is relevant to the proposal; and
                          1. in accordance with any terms of reference specified by the Minister; and
                          2. consider their advice.

                            1. When preparing the report and recommendations required by subsection (2)(c), the chief executive must consider—

                            2. any matter that the Minister must consider, have regard to, or be satisfied of before making the national instrument; and
                              1. whether the proposal provides for 1 or more goals; and
                                1. any advice received from a technical advisory group established under this section; and
                                  1. any advice received from iwi authorities.

                                    1. The Minister must consult the Minister of Conservation on any proposal that relates to the coastal marine area.

                                    2. The time given for advice under subsection (1)(b) or submissions under subsection (2)(b) must not be less than 20 working days.