Resource Management Act 1991

43D Relationship between national environmental standards and designations

(1)

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

(a)

the designation lapses:

(b)

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

(2)

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

(a)

applies to the altered conditions; and

(b)

does not apply to the unaltered conditions.

(3)

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

(a)

the designation exists; and

(b)

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

(4)

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

(5)

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

(a)

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

(b)

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

(c)

the standard is made—

(i)

after the designation was made; and

(ii)

before or after it lapses.

(6)

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:

(a)

the work is made; and

(b)

the standard is made; and

(c)

the designation is applied to the work.

(7)

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).