97Core obligations when preparing and deciding natural environment plan

1. This section sets out the core obligations that apply when—

2. a regional council is making a decision on a matter that a national instrument expressly authorises it to make, in relation to if and how it incorporates a standardised plan provision into its plan or proposed plan (see sections 72 and 95); and
3. a regional council is preparing or deciding a bespoke plan provision (see section 96).

4. A regional council must make its decisions in accordance with its responsibilities and functions under sections 221 to 223 so that the resulting natural environment plan—

5. implements—
   1. the national policy direction; and
   2. any national standard; and
   3. any relevant provision in a regional spatial plan; and
   4. subject to paragraphs (i) to (iii), any agreed action in an action plan; and
6. ensures that environmental limits are complied with; and
7. is not inconsistent with a water conservation order.

8. However, subsection (2)(a)(iii) does not apply in relation to a provision in a regional spatial plan to the extent that the regional council is satisfied that—

9. the provision is out of date as a result of new information that supersedes the information used to determine the content of the provision in the regional spatial plan; or
10. there has been a significant change in circumstances or in the natural environment since that provision was decided (for example, a major environmental or economic event).

11. The regional council must—

12. have particular regard to—
    1. the evaluation report required by clause 10 of Schedule 3 of the Planning Act 2025; and
    2. any justification report required by clause 11 of Schedule 3 of the Planning Act 2025; and
    3. any further evaluation report or further justification report required by clause 26 or 27 of Schedule 3 of the Planning Act 2025; and
    4. any relevant provision in an action plan; and
13. have regard to—
    1. any statutory acknowledgement that applies to the area to which the proposed natural environment plan or private plan change applies; and
    2. any relevant planning document recognised by an iwi authority and lodged with the regional council; and
14. have regard to any of following to the extent that it has a bearing on activities in the region and is within the regional council’s responsibilities:
    1. the Crown’s interest in the coastal marine area:
    2. the extent to which the natural environment plan needs to be consistent with any natural environment plan or proposed natural environment plan of an adjacent regional council:
    3. the extent to which the natural environment plan needs to be consistent with any regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
    4. any regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing); and
    5. any adaptation plan prepared under the Climate Change Response Act 2002; and
15. in relation to any planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011,—
    1. recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and
    2. take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

16. The regional council must comply with—

17. any direction of the Minister under section 217; and
18. any requirements in this subpart; and
19. any regulations.