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Natural Environment Bill

Foundations - Environmental limits - How environmental limits must be set

52: Criteria for decisions relating to environmental limits

You could also call this:

"How the government decides environmental limits to protect New Zealand"

Illustration for Natural Environment Bill

When the Minister or a regional council makes decisions about environmental limits, they must think about certain things. You need to know that they have to consider how bad the environmental problem is and how fast it is getting worse. They must use the best information they can get to make their decisions. If waiting for more information might cause serious harm to the environment, they should not delay making a decision. The Minister and regional councils have to make decisions about things like human health limits and ecosystem health limits. You have to understand that they must prioritise the most important environmental issues. They have to make sure the public can see the information they used to make their decisions. A notification draft is a proposed plan or direction that has been made public, as described in section 70 or Schedule 3 of the Planning Act 2025. The decision maker must ensure the public can access this information when it is notified. They must also consider how hard it will be to fix the environmental problem if they wait.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520979.

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53: Developing human health limits, or

"Setting safe limits to protect people's health"

Part 2Foundations
Environmental limits: How environmental limits must be set

52Criteria for decisions relating to environmental limits

  1. This section applies to the Minister before deciding to—

  2. set a human health limit:
    1. select an attribute for a human health limit or an ecosystem health limit:
      1. set a management unit for a domain or an attribute:
        1. specify a methodology for setting a management unit:
          1. specify a methodology for setting an ecosystem health limit:
            1. specify a methodology for selecting an attribute of an ecosystem health limit.
              1. This section applies to a regional council before deciding to—

              2. set an ecosystem health limit:
                1. select an attribute for an ecosystem health limit if that attribute is not already set in national standards:
                  1. set a management unit for a domain or attribute if that management unit is not already set in national standards.
                    1. A decision maker must prioritise the most urgent and important matters and, for that purpose, must—

                    2. consider—
                      1. the extent, scale, and impacts of any environmental degradation; and
                        1. the trend, direction, and pace of the degradation; and
                          1. the difficulty in reversing the degradation if action is delayed; and
                          2. decide the most appropriate response in light of that consideration.
                            1. A decision maker must ensure that the notification draft and the final draft are based on the best obtainable information.

                            2. Despite subsection (4), a lack of full scientific certainty is no reason to delay making a decision needed to prevent significant or irreversible harm to the natural environment.

                            3. A decision maker must ensure that the information that informed the notification draft (including the evidence and methods used) is publicly available at the time of notification.

                            4. In this section, notification draft means a proposed national direction as notified under section 70 or a plan as notified under Schedule 3 of the Planning Act 2025.