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Natural Environment Bill

Foundations - Key instruments - Relationship between national rule and other instruments

42: Relationship between national rule and natural resource permit

You could also call this:

"How national rules affect your natural resource permit"

Illustration for Natural Environment Bill

If you have a natural resource permit, it can be more restrictive than a national rule if the rule says it is okay. You can also have a permit that is more enabling than a national rule if the rule allows it. When a national rule is published, it may affect your existing permit. If you got your permit before the national rule was published, your permit usually prevails over the national rule. But if the national rule says your permit conditions must be reviewed under section 186(1)(c), then the national rule applies to that part. This means you may need to review your permit conditions according to the national rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557531.

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Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingBusiness > Industry rules
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"Which rule to follow: national or local plan rules"

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Part 2Foundations
Key instruments: Relationship between national rule and other instruments

42Relationship between national rule and natural resource permit

  1. A natural resource permit that is more restrictive than a national rule prevails over the rule prevails if the rule expressly allows a permit to be more restrictive than it.

  2. A natural resource permit that is more enabling than a national rule prevails over the rule if the rule expressly allows a permit to be more enabling than it.

  3. A natural resource permit granted under a rule in a plan or proposed plan before the date on which a national rule is published—

  4. prevails over the national rule; but
    1. does not prevail if, and to the extent that, the national rule requires a review of the conditions of the permit in accordance with section 186(1)(c).