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 - National instruments - National instruments

69: Matters to consider when making national instrument

You could also call this:

"Things the Minister must think about when creating a national rule"

Illustration for Natural Environment Bill

When the Minister is making a national instrument, they have to think about some important things. You need to know the Minister must consider some principles, like trying to balance different goals and not trying to achieve one goal at the expense of another. The Minister also has to think about how to resolve any conflicts in the proposed national instrument. The Minister must look at all the submissions people have made as a result of the process in section 70. You should be aware the Minister has to think about any negative effects of the proposed national instrument, and this consideration must be appropriate. The Minister's consideration of negative effects is also subject to sections 14 and 15(1). If the proposed national instrument has new content, the Minister must check all the existing national instruments to make sure they all work well together. The Minister also has to think about how the proposed national instrument will be monitored and reviewed, and any other important matters. The Minister must consider these things when making a national instrument.

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 It might be out of date or be missing some parts.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=LMS1551598.

This page was last updated on — View changes

Topics:
Government and voting > Government departmentsEnvironment and resources > Town planning
Previous

68: Role and application of national instruments, or

"National instruments help guide New Zealand's environmental rules and policies"

Next

70: Process for making national instrument, or

"How the Minister Creates a New National Rule"

Part 2Foundations
National instruments: National instruments

69Matters to consider when making national instrument

  1. This section applies to the Minister when making a national instrument.

  2. The Minister must have regard to the following principles:

  3. achieving compatibility between the goals is to be preferred over achieving one goal at the expense of another:
    1. not all goals need to be achieved in all places at all times:
      1. any conflicts within the proposed national instrument should be resolved in that document as far as reasonably practicable.

        1. The Minister must consider all submissions received as a result of the process established under section 70.

        2. The Minister’s consideration of any adverse effects—

        3. must be appropriate to the nature of the proposed national instrument; and
          1. is subject to sections 14 and 15(1).

            1. If the proposed national instrument contains new content, the Minister must consider all existing national instruments for the purpose of ensuring there is a coherent set of national instruments.

            2. The Minister must also consider—

            3. how the proposed national instrument will be monitored and reviewed; and
              1. any other matter the Minister considers relevant.