Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
32 Requirements for preparing and publishing evaluation reports

(1)

An evaluation report required under this Act must—

(a)

examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and

(b)

examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by—

(i)

identifying other reasonably practicable options for achieving the objectives; and

(ii)

assessing the efficiency and effectiveness of the provisions in achieving the objectives; and

(iii)

summarising the reasons for deciding on the provisions; and

(c)

contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal.

(2)

An assessment under subsection (1)(b)(ii) must—

(a)

identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—

(i)

economic growth that are anticipated to be provided or reduced; and

(ii)

employment that are anticipated to be provided or reduced; and

(b)

if practicable, quantify the benefits and costs referred to in paragraph (a); and

(c)

assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.

(3)

If the proposal (an amending proposal) will amend a standard, statement, national planning standard, regulation, plan, or change that is already proposed or that already exists (an existing proposal), the examination under subsection (1)(b) must relate to—

(a)

the provisions and objectives of the amending proposal; and

(b)

the objectives of the existing proposal to the extent that those objectives—

(i)

are relevant to the objectives of the amending proposal; and

(ii)

would remain if the amending proposal were to take effect.

(4)

If the proposal will impose a greater or lesser prohibition or restriction on an activity to which a national environmental standard applies than the existing prohibitions or restrictions in that standard, the evaluation report must examine whether the prohibition or restriction is justified in the circumstances of each region or district in which the prohibition or restriction would have effect.

(4A)

If the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1, the evaluation report must—

(a)

summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and

(b)

summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.

(5)

The person who must have particular regard to the evaluation report must make the report available for public inspection—

(a)

as soon as practicable after the proposal is made (in the case of a standard, regulation, national policy statement, or New Zealand coastal policy statement); or

(b)

at the same time as the proposal is notified.

(6)

In this section,—

objectives means,—

(a)

for a proposal that contains or states objectives, those objectives:

(b)

for all other proposals, the purpose of the proposal

proposal means a proposed standard, statement, national planning standard, regulation, plan, or change for which an evaluation report must be prepared under this Act

provisions means,—

(a)

for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change:

(b)

for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal.

Section 32: replaced, on 3 December 2013, for all purposes, by section 70 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 32(3): amended, on 19 April 2017, by section 14(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 32(4): amended, on 19 April 2017, by section 14(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 32(4A): inserted, on 19 April 2017, by section 14(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 32(5)(a): amended, on 24 October 2019, by section 125 of the Statutes Amendment Act 2019 (2019 No 56).

Section 32(5)(b): amended, on 19 April 2017, by section 14(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 32(6) proposal: amended, on 19 April 2017, by section 14(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).