Section 43E — Resource Management Act 1991: Relationship between national environmental standards and bylaws

43E Relationship between national environmental standards and bylaws (1) A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it. (2) For the purposes of subsection (1) , a bylaw is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises. (3) A bylaw may not be more lenient than a national environmental standard. (4) For the purposes of subsection (3) , a bylaw is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts. (5) In this section, bylaw means a bylaw made under any enactment. 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.