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Natural Environment Bill

Foundations - National instruments - National instruments

71: Regional council must implement national instrument

You could also call this:

"Regional councils must follow new national rules and update their plans to match"

Illustration for Natural Environment Bill

If a new national rule is made, you will have to follow it. You must do what the rule says and make sure your plans match the rule. A national rule can tell you how to manage natural resources and make decisions. A national rule can also say what conditions must be used for different activities. It can tell you what your natural environment plans should look like and what they should include. You can find more information about this in section 72. If a national rule requires you to change your plan, you must use the correct process to make the change. But if the national rule says you can make the change without using the correct process, you can do so. This can happen if the change is already outlined in the national rule or if it's needed to make your plan match the rule. You must make any authorised changes as soon as possible and tell the public about them within 5 working days. A relevant process is a process outlined in Schedule 3 of the Planning Act 2025.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557537.

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"How the Minister Creates a New National Rule"


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72: National instrument may direct plan provisions in natural environment plans, or

"A national rule can guide local councils on environment plan rules"

Part 2Foundations
National instruments: National instruments

71Regional council must implement national instrument

  1. A regional council must—

  2. comply with the directions of a national instrument; and
    1. implement its provisions in the manner specified the instrument.
      1. A national instrument may direct—

      2. how natural resources are managed:
        1. how regional councils make decisions:
          1. how regional councils undertake processes and methodologies:
            1. the conditions that must be used for different activities:
              1. the structure and form of natural environment plans:
                1. the content of and types of plan provisions. (see section 72).
                  1. A national instrument may—

                  2. direct that specific provisions be included in natural environment plans:
                    1. direct regional councils to choose from a number of specific provisions to be included in plans either completely or in part.
                      1. If a provision in a national instrument necessitates a change to a plan, a regional council must use a relevant process to amend its plan unless the national instrument specifies otherwise.

                      2. A national instrument may direct a regional council to amend its plan without using a relevant process only if—

                      3. the content of the amendment is set out in the national instrument itself; or
                        1. the purpose of the amendment is to make the plan consistent with any restrictions in that national instrument or another national instrument.
                          1. A regional council must—

                          2. make the amendments authorised under subsection (5) as soon as practicable within the time, if any, specified in the national instrument; and
                            1. give public notice of the amendments within 5 working days after making them.
                              1. In this section, relevant process means a process in Schedule 3 of the Planning Act 2025.