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Natural Environment Bill

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

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

You could also call this:

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

Illustration for Natural Environment Bill

If you think a rule in a natural environment plan does not comply with section 101, you can ask for a change. You can request a change to the rule or make a submission on the proposed plan. You can also apply to the Environment Court for a change to the rule. When checking if a rule complies with section 101, the regional council or Environment Court must think about how the activity affects your protected customary right. They must also consider the area where the activity and right happen together. They look at how much the activity and right need to happen without other things happening. They check if the right can only happen in a certain area. They use section 101 and the Planning Act 2025 to make their decision. You can follow the rules in the Planning Act 2025 to make a submission or apply to the Environment Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557539.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningMāori affairs > Māori land
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101: Plan must not permit activity that has certain effects on protected customary rights, or

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

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"Protecting Your Group's Connection to the Marine Area"

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

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

  1. If a protected customary rights group considers that a rule in a natural environment plan or proposed natural environment plan does not comply with section 101, the group may—

  2. request a change to the rule in the plan in accordance with clause 49 of Schedule 3 of the Planning Act 2025; or
    1. make a submission on the proposed plan in accordance with Part 1 of Schedule 3 of the Planning Act 2025; or
      1. apply to the Environment Court in accordance with clause 49(3) of Schedule 9 of the Planning Act 2025 for a change to the rule in the plan or proposed plan.

        1. In determining whether a rule in a plan or proposed plan complies with section 101, the regional council or the Environment Court (as the case requires) must consider the following matters:

        2. the effects of the proposed activity on the exercise of a protected customary right; and
          1. the area that the proposed activity would have in common with the protected customary right; and
            1. the degree to which the proposed activity must be carried out to the exclusion of other activities; and
              1. the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and
                1. whether the protected customary right can be exercised only in a particular area.