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Natural Environment Bill

Combined plan and other matters - National environment plans - Other matters

120: Regional council must comply with and enforce natural environment plan

You could also call this:

"Regional councils must follow and enforce their own environmental plans"

Illustration for Natural Environment Bill

If you are a regional council, you must follow your own natural environment plan. You must also follow any rules in your proposed plan that have legal effect. You will enforce these rules to the extent of your authority. You cannot grant a natural resource permit if it goes against your plan or rules. Any waiver that goes against your plan or rules is also not allowed. There is an exception to this rule if the non-compliance is allowed by the Natural Environment Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1527083.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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119: Presumption of validity, or

"Assuming a natural environment plan is valid unless proven otherwise"

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121: Boundary adjustments, or

"What happens to environmental plans when region boundaries change"

Part 3Combined plan and other matters
National environment plans: Other matters

120Regional council must comply with and enforce natural environment plan

  1. A regional council—

  2. must comply with its own natural environment plan and any rule of its proposed natural environment plan that has legal effect; and
    1. to the extent of its authority, must enforce compliance with its plan and any rule of its proposed plan that has legal effect.

      1. No purported grant of a natural resource permit, and no waiver from a plan or rule in a proposed plan that has legal effect, whether written or otherwise, has effect to the extent that it is contrary to subsection (1).

      2. Subsection (2) does not apply if the non-compliance is authorised by this Act.