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Natural Environment Bill

Foundations - Core provisions

12: Relationship between key instruments in decision making

You could also call this:

"How laws and plans work together to protect the environment"

Illustration for Natural Environment Bill

The Natural Environment Bill proposes a hierarchy of key instruments. You will see national policy direction at the top, followed by national standards, regional spatial plans, and natural environment plans. When making decisions, you must consider the relevant provisions of the key instrument that directly affects the matter. You must also consider any relevant provisions of a higher order instrument if the matter is not addressed by the instrument listed beneath it. You need to understand what a higher order instrument is. It means any key instrument that is listed above the instrument that directly affects the matter. If a provision of this Act allows or requires you to consider the goals, you must consider the goals as they have been addressed or particularised in higher order instruments. This section does not apply to the making of national policy direction and is subject to any provision of this Act that expressly provides otherwise. When exercising or performing a power, function, or duty under this Act, you must not consider a goal directly unless it is not addressed in a higher order instrument or there is uncertainty or conflict between higher order instruments. Each key instrument must implement the instrument listed directly above it and any higher order instrument if required. You should be aware that this section is part of a proposed bill and may change the existing law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520802.

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"Looking after our environment and people: main goals"

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Part 2Foundations
Core provisions

12Relationship between key instruments in decision making

  1. The hierarchy of the key instruments of this Act is as follows, listed in order from top to bottom:

  2. national policy direction:
    1. national standards:
      1. regional spatial plans:
        1. natural environment plans.

          1. Each key instrument (other than the national policy direction)—

          2. must implement the instrument listed directly above it; and
            1. must implement an instrument higher up the list if required by that instrument.

              1. A person exercising or performing a power, function, or duty under this Act in relation to a matter—

              2. must consider the relevant provisions of the key instrument that directly affect the matter (for example, a spatial plan in the case of a natural environment plan or a natural environment plan in the case of a permit); and
                1. must consider any relevant provisions of a higher order instrument, if, and only to the extent that, the matter is not addressed by the instrument listed beneath it; and
                  1. must not consider a goal directly unless and to the extent that—
                    1. the subject matter of the goal is not addressed in a higher order instrument or, if applicable, the goal is not particularised in a higher order instrument; or
                      1. there is uncertainty within a higher order instrument in relation to the goal; or
                        1. there is conflict between higher order instruments in relation to the goal.

                        2. If a provision of this Act expressly allows or requires a person to consider the goals, the person—

                        3. must, in complying with subsection (3)(a) and (b), consider the goals as they have been addressed or particularised in higher order instruments; and
                          1. is still required to comply with subsection (3)(c).

                            1. Subsections (3) and (4) do not apply to the making of national policy direction.

                            2. This section is subject to any provision of this Act that expressly provides otherwise.

                            3. In this section, a higher order instrument means any key instrument that is listed above the instrument that directly affects the matter.