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Natural Environment Bill

Combined plan and other matters - National environment plans - Further matters relating to rules

101: Plan must not permit activity that has certain effects on protected customary rights

You could also call this:

"Plans must protect Māori customary rights and not allow harmful activities"

Illustration for Natural Environment Bill

If you are making a natural environment use plan, you cannot include a rule that allows an activity that will harm a protected customary right. This means you cannot permit an activity that will have a big adverse effect on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011. This rule applies even if a national instrument says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1554448.

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Topics:
Environment and resources > ConservationMāori affairs > Māori landMāori affairs > Treaty of Waitangi
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100: Rules relating to market-based allocation process or comparative permitting process, or

"Rules for Deciding Who Gets Resource Permits"

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102: Process if plan or proposed plan does not comply with section 101, or

"What to do if a natural environment plan breaks the rules"

Part 3Combined plan and other matters
National environment plans: Further matters relating to rules

101Plan must not permit activity that has certain effects on protected customary rights

  1. A natural environment use plan or a proposed natural environment plan must not include a rule that classifies an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

  2. This section applies despite anything to the contrary in a national instrument.