This note is not part of the regulations, but is intended to indicate their general effect.
These regulations are the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2016 and come into force on 1 January 2017. The regulations are made under the Resource Management Act 1991 (the RMA) and replace the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008, which are revoked.
The regulations prescribe standards for installing and operating antennas, cabinets, small cell units, and telecommunication lines (facilities) in the circumstances set out in regulations 19, 26, 28, 30, 32, 34, 36, 38, 39, 41, and 43 (the regulated activities).
Part 2 classifies regulated activities for the purposes of section 87A of the RMA (which sets out the classes of activities for which a resource consent is required and the scope of the consent authority’s power to grant or refuse consent or to impose conditions). If a regulated activity is carried out in accordance with the standard, it will be a permitted activity and resource consent will not be required. If it is not carried out in accordance with the standard, the status of the activity will be determined under regulations 12 to 18 and will depend on the status given to the activity by the relevant district plan. If the activity is classified as a controlled, restricted discretionary, discretionary, or non-complying activity, a resource consent will be required. For controlled and restricted discretionary activities, regulations 14 and 15 limit the scope of the consent authority’s power to grant or refuse consent or to impose conditions.
The standard for each regulated activity is that the specified regulations in Part 3 must be complied with. Some of these regulations, such as those in subpart 5 of Part 3, require compliance with certain district and regional rules.
Even if a regulated activity is a permitted activity under these regulations, other provisions of the RMA, regulations under the RMA, and district and regional plans may also be applicable. For example,—
section 17 of the RMA requires a person carrying on an activity to avoid, remedy, or mitigate any adverse effects of the activity, even if it is carried on in accordance with a national environmental standard; and
section 43A(5) of the RMA allows a district plan to impose terms or conditions on an activity to deal with effects of the activity that are different from those dealt with in a national environmental standard.
These regulations do not apply to—
activities that relate to facilities but that are not within the scope of installing and operating as defined in regulation 5; or
the installation and operation of facilities in circumstances other than those that constitute regulated activities; or
the installation and operation of other kinds of telecommunications equipment; or
anything done in the coastal marine area or in, on, under, or over the bed of a river or lake, although they do apply to things done over rivers or lakes (such as on a bridge).
Those activities are governed by the RMA, other regulations under the RMA, district and regional plans, and other applicable laws.
Regulatory impact statement
The Ministry for the Environment and Ministry of Business, Innovation and Employment produced a regulatory impact statement on 20 August 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 24 November 2016.
These regulations are administered by the Ministry of Business, Innovation, and Employment.