139CInfrastructure design solutions

1. The Governor-General may, by Order in Council made on the recommendation of the Minister and following consultation undertaken by the Water Services Authority with stormwater network operators, wastewater network operators, regional councils, and any other person it considers appropriate, make regulations to set infrastructure design solutions that set the following matters for wastewater and stormwater infrastructure:

2. technical performance standards:
3. treatment processes:
4. design requirements:
5. operating requirements.

6. An infrastructure design solution set by regulations under subsection (1) may—

7. specify any or all resource consent requirements for wastewater or stormwater infrastructure:
8. identify circumstances in which a person must not rely on part or all of the infrastructure design solution:
9. specify the activity status under the Resource Management Act 1991 of some or all of the activities that are included in the infrastructure design solution:
10. identify whether, in respect of the activities included in the design solution, the consent authority is precluded from giving either or both of the following:
    1. public notification of an application for a resource consent:
    2. limited notification of an application for a resource consent.

11. Compliance with an infrastructure design solution is not mandatory.

12. However, if wastewater or stormwater infrastructure complies with an infrastructure design solution, it is deemed to meet the relevant environmental performance standard.

13. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).