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Planning Bill

Foundations - National instruments - National instruments

45: Matters to consider when making national instrument

You could also call this:

"Things to think about when creating a national rule"

Illustration for Planning Bill

When the Minister is making a national instrument, they have to think about some important things. They must consider principles like achieving compatibility between goals and not trying to achieve all goals at the same time. They also have to resolve any conflicts in the proposed national instrument. The Minister has to look at all submissions they receive because of the process in section 46. They must think about any adverse effects of the proposed national instrument in a way that is suitable for the instrument. This consideration is subject to sections 14 and 15(1). If the proposed national instrument has new content, the Minister must check all existing national instruments to ensure they all work well together. The Minister also has to think about how the proposed national instrument will be monitored and reviewed, and any other relevant matters. You can find more information about this process in the related sections of the bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526167.

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44: Role and application of national instruments, or

"National instruments help guide New Zealand's planning rules and decisions."

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46: Process for making national instrument, or

"How the Minister Creates a New National Rule"

Part 2Foundations
National instruments: National instruments

45Matters to consider when making national instrument

  1. This section applies to the Minister when making a national instrument.

  2. The Minister must have regard to the following principles:

  3. achieving compatibility between the goals is to be preferred over achieving one goal at the expense of another:
    1. not all goals need to be achieved in all places at all times:
      1. any conflicts within the proposed national instrument should be resolved in that document as far as reasonably practicable.

        1. The Minister must consider all submissions received as a result of the process established under section 46.

        2. The Minister’s consideration of any adverse effects—

        3. must be appropriate to the nature of the proposed national instrument; and
          1. is subject to sections 14 and 15(1).

            1. If the proposed national instrument contains new content, the Minister must consider all existing national instruments for the purpose of ensuring there is a coherent set of national instruments.

            2. The Minister must also consider—

            3. how the proposed national instrument will be monitored and reviewed; and
              1. any other matter the Minister considers relevant.