Section 44 — Resource Management Act 1991: Restriction on power to make national environmental standards

44 Restriction on power to make national environmental standards The Minister must not recommend to the Governor-General the making of any national environmental standard unless the Minister has— (a) notified the public and iwi authorities of— (i) the proposed subject matter of the standard; and (ii) the Minister's reasons for considering that the standard is consistent with the purpose of the Act; and (b) established a process that— (i) the Minister considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed subject matter of the standard; and (ii) requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the standard; and (c) publicly notified that report and recommendation. Section 44 was substituted, 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. The heading to section 44 was amended, as from 10 August 2005, by section 30(1) Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ regulations prescribing ” . See sections 131 to 135 of that Act as to the transitional provisions. Section 44 was amended, as from 10 August 2005, by section 30(2)(a) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ national environmental standard ” for the words “ regulations under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions. Section 44 was amended, as from 10 August 2005, by section 30(3) Resource Management Amendment Act 2005 (2005 No 87) by inserting the words “ and iwi authorities ” after the word “ public ” in both places it appears. See sections 131 to 135 of that Act as to the transitional provisions. Paragraph (a)(i) was amended, as from 10 August 2005, by section 30(2)(b) Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ standard ” for the word “ regulations ” . See sections 131 to 135 of that Act as to the transitional provisions. Paragraph (a)(ii) was amended, as from 10 August 2005, by section 30(2)(c) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ standard is ” for the words “ regulations are ” . See sections 131 to 135 of that Act as to the transitional provisions. Paragraph (b)(i) and (ii) was amended, as from 10 August 2005, by section 30(2)(b) Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ standard ” for the word “ regulations ” . See sections 131 to 135 of that Act as to the transitional provisions.