Section 32 — Resource Management Act 1991: Consideration of alternatives, benefits, and costs

32 Consideration of alternatives, benefits, and costs (1) In achieving the purpose of this Act, before a proposed plan, proposed policy statement, change, or variation is publicly notified, a national policy statement or New Zealand coastal policy statement is notified under section 48 , or a regulation is made, an evaluation must be carried out by— (a) the Minister, for a national policy statement or a national environmental standard; or (b) the Minister of Conservation, for the New Zealand coastal policy statement; or (c) the local authority, for a policy statement or a plan (except for plan changes that have been requested and the request accepted under clause 25(2)(b) of Part 2 of Schedule 1); or (d) the person who made the request, for plan changes that have been requested and the request accepted under clause 25(2)(b) of Part 2 of the Schedule 1. (2) A further evaluation must also be made by— (a) a local authority before making a decision under clause 10 or clause 29(4) of the Schedule 1; and (b) the relevant Minister before issuing a national policy statement or New Zealand coastal policy statement. (3) An evaluation must examine— (a) the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and (b) whether, having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives. (3A) This subsection applies to a rule that imposes a greater prohibition or restriction on an activity to which a national environmental standard applies than any prohibition or restriction in the standard. The evaluation of such a rule must examine whether the prohibition or restriction it imposes is justified in the circumstances of the region or district. (4) For the purposes of the examinations referred to in subsections (3) and (3A) , an evaluation must take into account— (a) the benefits and costs of policies, rules, or other methods; and (b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules, or other methods. (5) The person required to carry out an evaluation under subsection (1) must prepare a report summarising the evaluation and giving reasons for that evaluation. (6) The report must be available for public inspection at the same time as the document to which the report relates is publicly notified or the regulation is made. Subsection (2) was substituted, as from 9 December 1994, by section 2(1) Resource Management Amendment Act (No 2) 1994 (1994 No 139). See section 3 of that Act as to the transitional provisions. Subsection (3) was substituted, as from 7 July 1993, by section 23 Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was substituted, as from 9 December 1994, by section 2(1) Resource Management Amendment Act (No 2) 1994 (1994 No 139). See section 3 of that Act as to the transitional provisions. Subsections (4) and (5) were inserted, as from 9 December 1994, by section 2(1) Resource Management Amendment Act (No 2) 1994 (1994 No 139). See section 3 of that Act as to the transitional provisions. Section 32 was substituted, as from 1 August 2003, by section 11 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1)(a) was amended, as from 10 August 2005, by section 13(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ a national environmental standard ” for the words “ regulations made under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3A) was inserted, as from 10 August 2005, by section 13(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (4) was amended, as from 10 August 2005, by section 13(3) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ the examinations referred to in subsections (3) and (3A) ” for the words “ this examination ” . See sections 131 to 135 of that Act as to the transitional provisions.