Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Natural Environment Bill

Foundations - Core provisions

15: Considering adverse effects of activities

You could also call this:

"Thinking about how to reduce harm to the environment from activities"

Illustration for Natural Environment Bill

When you are looking at how an activity will affect the environment, you must think about how to avoid or reduce any bad effects. You should try to fix any problems that the activity might cause, if that is possible. If you cannot avoid bad effects, you might need to offset or compensate for them, which means taking action to make up for the harm caused. If a national instrument, such as a rule or guideline, is in place, it will tell you how to avoid, reduce, or fix bad effects, and when it is reasonable to do so. The instrument will also say when it is suitable to offset or compensate for bad effects. It may explain how to manage specific effects under this Act and the Planning Act 2025. You must consider the cumulative effect of small adverse effects, which means looking at how they add up. A less than minor adverse effect is one that is acceptable and does not make a big difference to the environment. It is one where any change is slight or barely noticeable. If no national instrument is in place to guide offsetting and compensation, you can only manage bad effects when deciding on a permit application. The order of approaches to managing effects in this section does not imply an order of importance.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520808.

This page was last updated on — View changes

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
Previous

14: Considering effects of activities, or

"Thinking about how our actions affect people and the environment"

Next

16: Overview of references to rules, or

"What the rules mean in the Natural Environment Bill"

Part 2Foundations
Core provisions

15Considering adverse effects of activities

  1. A person exercising or performing functions, powers, or duties under this Act who is considering the effects of an activity—

  2. must consider how—
    1. adverse effects are to be avoided, minimised, or remedied, where practicable; or
      1. adverse effects are to be offset or compensated, where appropriate.
      2. must not consider a less than minor adverse effect unless the cumulative effect of 2 or more such effects create effects that are greater than less than minor.

        1. A national instrument may specify—

        2. how, and in what order, adverse effects are to be avoided, minimised, or remedied, offset, or compensated; and
          1. when it is practicable for adverse effects to be avoided, minimised, or remedied; and
            1. when it is appropriate for adverse effects to be offset or compensated; and
              1. where specific effects are managed under this Act and under the Planning Act 2025.

                1. If no national instrument is in force to guide or direct the use of offsetting and compensation, the management of adverse effects must not be undertaken except in the context of determining an application for a permit.

                2. The order in which an approach to managing effects appears in this section does not assign an order of importance to how effects are managed.

                3. In this section, a less than minor adverse effect means an adverse effect that is acceptable and reasonable in the receiving environment with any change being slight or barely noticeable.