Resource Management Act 1991

43D Relationship between national environmental standards and designations


A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following:


the designation lapses:


the designation is altered under section 181 by the alteration of conditions in it to which the standard is relevant.


If the conditions of a designation are altered as described in subsection (1)(b), the standard—


applies to the altered conditions; and


does not apply to the unaltered conditions.


A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,—


the designation exists; and


no outline plan for the designation has completed the process described in section 176A.


A national environmental standard that exists when a designation is made prevails over the designation.


A use is not required to comply with a national environmental standard if—


the use was lawfully established by way of a designation that has lapsed; and


the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and


the standard is made—


after the designation was made; and


before or after it lapses.


Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events:


the work is made; and


the standard is made; and


the designation is applied to the work.


In this section, conditions includes a condition about the physical boundaries of a designation.

Section 43D: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).