Section 43B — Resource Management Act 1991: Relationship between national environmental standards and rules or consents

43B Relationship between national environmental standards and rules or consents (1) A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it. (2) For the purposes of subsection (1) ,— (a) a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises: (b) a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise. (3) A rule or resource consent may not be more lenient than a national environmental standard. (4) For the purposes of subsection (3) , a rule or resource consent is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts. (5) A resource consent that exists when a national environmental standard is made prevails over the standard. This subsection does not apply to water, coastal, or discharge permits. (6) A water, coastal, or discharge permit that exists when a national environmental standard is made prevails over the standard until a review of the permit's conditions under section 128(1)(ba) results in some or all of the standard prevailing over the permit. (7) A national environmental standard that exists before the hearing of an application for a resource consent begins prevails over a resource consent granted as a result of the application. (8) A national environmental standard that prescribes transitional provisions relating to a resource consent application notified before the commencement of the standard prevails over a resource consent granted as a result of the application to the extent (if any) specified in the standard. (9) If a national environmental standard requires a resource consent to be obtained for an activity, sections 10 , 10A , 10B , and 20A(2) apply to the activity as if the standard were a rule in a plan that had become operative. Sections 43A to 43E were inserted, as from 20 May 2003, by section 18 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Sections 43B to 43E were substituted, as from 10 August 2005, by section 29 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.