Resource Management Act 1991

43A Contents of national environmental standards

  • (1) National environmental standards may—

    • (a) prohibit an activity:

    • (b) allow an activity:

    • (c) restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard:

    • (d) require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard:

    • (e) specify, in relation to a rule made before the commencement of a national environmental standard,—

      • (i) the extent to which any matter to which the standard applies continues to have effect; or

      • (ii) the time period during which any matter to which the standard applies continues to have effect:

    • (f) require local authorities to review, under section 128(1), all or any of the permits to which paragraph (ba) of that subsection applies as soon as practicable or within the time specified in a national environmental standard.

    (2) A national environmental standard that prohibits an activity—

    • (a) may do one or both of the following:

      • (i) state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard; and

      • (ii) require compliance with the rules in a plan or proposed plan as a term or condition; or

    • (b) may state that the activity is a prohibited activity.

    (3) If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4),—

    • (a) allow the activity, unless it states that a resource consent is required for the activity; or

    • (b) state that the activity is a permitted activity.

    (4) A national environmental standard that allows an activity—

    • (a) may state that a resource consent is not required for the activity; or

    • (b) may do one or both of the following:

      • (i) state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and

      • (ii) require compliance with the rules in a plan or proposed plan as a term or condition.

    (5) If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:

    • (a) a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and

    • (b) the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and

    • (c) if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.

    (6) A national environmental standard that allows a resource consent to be granted for an activity—

    • (a) may state that the activity is—

      • (i) a controlled activity; or

      • (ii) a restricted discretionary activity; or

      • (iii) a discretionary activity; or

      • (iv) a non-complying activity; and

    • (b) may state the matters over which—

      • (i) control is reserved; or

      • (ii) discretion is restricted.

    (7) A national environmental standard may specify the activities for which the consent authority—

    • (a) must give public notification of an application for a resource consent:

    • (b) is precluded from giving public notification of an application for a resource consent:

    • (c) is precluded from giving limited notification of an application for a resource consent.

    Section 43A: inserted, on 20 May 2003, by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 43A heading: replaced, on 1 October 2009, by section 43(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 43A(1): amended, on 10 August 2005, by section 28(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(b): replaced, on 10 August 2005, by section 28(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(c): amended, on 10 August 2005, by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(d): amended, on 10 August 2005, by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(e): amended, on 10 August 2005, by section 28(4)(a) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(e)(i): amended, on 10 August 2005, by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(e)(ii): amended, on 10 August 2005, by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(f): amended, on 10 August 2005, by section 28(5) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(2): replaced, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(3): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(4): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(5): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(6): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(7): inserted, on 1 October 2009, by section 43(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).