New Zealand Legislation: Acts

44A Local authority recognition of national environmental standards

• (1) Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard.

  (2) Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if—

  • (a) both of the following apply:

    • (i) the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and

    • (ii) the standard does not expressly say that a rule may be more stringent than it; or

  • (b) the rule is more lenient than the provision.

  (3) If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

  • (a) without using the process in Schedule 1; and

  • (b) in accordance with the specification in the national environmental standard.

  (4) If the duplication or conflict arises as described in section 43A(5)(c), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

  • (a) without using the process in Schedule 1; and

  • (b) as soon as practicable after the date on which the standard comes into force.

  (5) In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict—

  • (a) without using the process in Schedule 1; and

  • (b) as soon as practicable after the date on which the standard comes into force.

  (6) A local authority may amend a plan or proposed plan to include a reference to a national environmental standard—

  • (a) without using the process in Schedule 1; and

  • (b) after the date on which the standard comes into force.

  (7) Every local authority and consent authority must observe national environmental standards.

  (8) Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so.

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