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Natural Environment Bill

Foundations - Key instruments - Classification of activities

32: Principles for classifying activities

You could also call this:

"How to decide if an activity is allowed or not under the Natural Environment Bill"

Illustration for Natural Environment Bill

When you are classifying activities under this proposed law, you must follow some principles. You should classify an activity as a permitted activity if it is acceptable and its effects on the environment can be managed. You should also consider if the activity's effects can be managed without harming the environment too much. You should classify an activity as a restricted discretionary activity if it is mostly acceptable, but some of its effects need to be carefully assessed. You should also consider if the activity's effects can be managed through rules or permit conditions. You should classify an activity as a discretionary activity if you need to assess all of its effects on the environment, or if its effects are unknown. You should also consider if the activity is inconsistent with the regional spatial plan or if it is not anticipated. You should classify an activity as a prohibited activity if it will harm the environment too much and its effects cannot be managed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526670.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planning

31: Meaning of rule, or

"What a 'rule' means in the Natural Environment Bill"

33: Consequences of permitted, restricted discretionary, or restricted discretionary activity classification, or

"What happens when an activity is classified as permitted, restricted or discretionary?"

Part 2Foundations
Key instruments: Classification of activities

32Principles for classifying activities

When exercising or performing a function, power, or duty under this Act, a person must be guided by the following principles:
an activity should be classified as a permitted activity if—
1. either—
  1. the activity is acceptable, anticipated, or achieves the desired level of use, development, or protection of the natural environment; or
  2. any adverse effects of the activity on the natural environment are well understood and can be managed; and
2. there is sufficient allocation for any anticipated cumulative effect without breaching an environmental limit:
an activity should be classified as a restricted discretionary activity if—
1. the activity is acceptable, anticipated, or achieves the desired level of use, development, or protection of the natural environment, but 1 or more the activity’s effects require specific assessment; and
2. effects of the activity on the natural environment can be appropriately managed through national standards or permit conditions:
3. any risk of breaching an environmental limit can be appropriately managed through national standards or permit conditions:
an activity should be classified as discretionary activity if—
1. the nature and type of activity requires an assessment of all the effects of the activity on natural resources; or
2. the adverse effects of the activity are unknown or uncertain; or
3. the activity is inconsistent with the regional spatial plan; or
4. the activity is not anticipated and may be inappropriate:
an activity should be classified as a prohibited activity if it will have an unacceptably high level of adverse effects on the natural environment that cannot be managed by permit conditions.