MPI update: Environmental standard guidance

Wednesday 14 Oct 2020

The Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) came into force on 3 September 2020.

The Ministry for the Environment has released guidance to explain the relationship between the NES-F, and the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (NES-PF).

Regulation 7 of the NES-F specifies that the NES-F regulations are subject to the NES-PF. The guidance explains that:

- Where the NESPF and the NES-F conflict or overlap, the relevant provisions of the NES-PF will prevail over those in the NES-F.
- “Prevail over” means the relevant performance standards, permissions, activity status, or conditions of the NES-PF apply, and those in the NES-F do not.
- For completeness, stringency and leniency (concepts covered in regulation 6 of both the NES-PF and NES-F) apply to the relationship between national environmental standards and plans or consents, but do not apply to the relationship between two national environmental standards.

The guidance, including examples of where the NES-PF prevails over NES-F for the same activity, can be accessed via the Te Uru Rākau website here.

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