Infrastructure, development and primary sector national direction

Implementation of instruments in the primary sector package can comprise two forms.

• Non-statutory implementation aids understanding and delivery of the proposals through guidance, workshops or other means. Implementation plans to help deliver any consequent national direction will be developed after we have considered any recommendations or requests received in submissions. 
• Statutory implementation is part of the proposals⁴⁵.Alongside the RMA requirements, statutory implementation provides more detailed direction on: 
  • how and when decision-makers must consider the proposals
  • how and when required RMA plan amendments are to be progressed
  • who is to use and implement the national direction. 

^{45 The standard provisions for statutory implementation are found in sections 44A and sections 55 of the RMA.}

Where specific statutory implementation provisions are proposed, they are included in the proposed provisions. The following general provisions apply.

National environmental standards implementation

National environmental standards have immediate effect, and plan changes can be made to amend any inconsistencies with national environmental standards without using the Schedule 1 process.⁴⁶ The RMA generally requires this to be undertaken as soon as practicable after national environmental standards come into effect.

National policy statements implementation

National policy statements have immediate effect, and consent authorities must have regard to national policy statements when considering an application for a resource consent⁴⁷.

Some plan or policy statement changes will be required to implement new national policy statements. If a national policy statement directs that a local authority must amend a plan or policy statement in the manner described in section 55(2) of the RMA, the plan changes must be made without using the Schedule 1 process.48 However, for any subsequent changes necessary to ensure a plan or policy statement gives effect to a provision in a national policy statement a Schedule 1 process is required as soon as practicable after the national policy statement comes into effect (or based on a timeframe or event specified in the national policy statement). 

^{46 Schedule 1 of the RMA provides for the preparation, change and review of policy statements and plans.}

^{47 Under section 104(1)(b) (iii) of the RMA.}

^{48 Schedule 1 of the RMA provides for the preparation, change and review of policy statements and plans.}

The RMA has no provision for flexibility in the statutory implementation of national environmental standards other than including stringency and leniency provisions in individual standards.

The RMA does provide options⁴⁹ for how and when national policy statement provisions are implemented into RMA documents.⁵⁰ None of the national policy statement proposals include provisions for specific objectives and policies to be directly inserted into RMA documents. Rather, each individual national policy statement proposal directs that plan changes to implement the national policy statement are undertaken “as soon as practicable”.⁵¹

The proposed options for national policy statements are to:

• rely on the RMA default provisions of “as soon as practicable”
• provide an implementation timeframe of five years from gazettal for making amendments to regional and district plans and policy statements
• require all plan changes to fully implement each national policy statement before or at plan review, in addition to any specific implementation provisions in each proposal. 

Note that national environmental standards and national policy statements can apply to any specified district or region of any local authority, or to any specified part of New Zealand52. This provision has not been proposed for any of the proposals.

^{49 Under section 55(2) and (2D) of the RMA.}

^{50 Under section 55(1) in subsection (2) and (2A) a document means a regional policy statement, a proposed regional policy statement, a proposed plan, a plan or a variation.}

^{51 As required by section 55(2D)(a) of the RMA. Using the provisions for implementation timeframes under section 55 92D) (b) and (c) of the RMA.}

^{52 Under section 43(4) and section 45A of the RMA.}

The RMA stipulates that decision-makers on resource management matters must:

• “have regard to” provisions in national policy statements when making decisions on resource consents and water conservation orders
• “have particular regard” to provisions in a national policy statement when making decisions on notice of requirements and heritage orders
• prepare and amend their regional policy statement and regional and district plan provisions in accordance with provisions in a national policy statement.

Once plan changes have been undertaken to give effect to a policy statement, plan provisions can usually be relied on to appropriately reflect the national policy statement. 

A national environmental standard can identify whether associated plan provisions can be more lenient or stringent than the provisions in the national environmental standard. The individual proposals in this discussion document identify whether they include any leniency or stringency options.