44 Restriction on power to make national environmental standards
  • (1) The Minister must follow the steps set out in subsection (2) before recommending the making of a national environmental standard to the Governor-General. Subsection (3) modifies this subsection.

    (2) The steps are—

    • (a) to notify the public and iwi authorities of—

      • (i) the proposed subject matter of the standard; and

      • (ii) the Minister's reasons for considering that the standard is consistent with the purpose of the Act; and

    • (b) to establish a process that—

      • (i) the Minister considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed subject matter of the standard; and

      • (ii) requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the standard; and

    • (c) to publicly notify the report and recommendation.

    (3) The Minister need not follow the steps if the Minister is recommending the making of an amendment—

    • (a) that has no more than a minor effect; or

    • (b) that corrects errors or makes similar technical alterations.

    Section 44: replaced, on 1 October 2009, by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).