DRAFT FOR CONSULTATION

Natural and Built Environments Bill

Government Bill

Consultation draft
Hon David Parker

Natural and Built Environments Bill

Government Bill

Contents
Page
1 Title 2
2 Commencement 2
Part 1
Preliminary provisions
3 Interpretation 2
4 How Act binds the Crown 6
Part 2
Purpose and related provisions
5 Purpose of this Act 6
6 Te Tiriti o Waitangi 7
7 Environmental limits 7
8 Environmental outcomes 7
Part 3
National planning framework
Requirement for national planning framework
9 National planning framework 9
10 Purpose of national planning framework 9
11 National planning framework to be made as regulations 9
Contents of national planning framework
12 Environmental limits 10
13 Topics that national planning framework must include 10
14 Strategic directions to be included 11
15 Implementation of national planning framework 11
16 Application of precautionary approach 11

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cl 1 Natural and Built Environments Bill

17 [Placeholders] 11
18 Implementation principles 12
Part 4
Natural and built environments plans
Requirement for natural and built environments plans
19 Natural and built environments plans 12
20 Purpose of plans 12
21 How plans are prepared, notified, and made 12
Contents of plans
22 Contents of plans 13
Planning committees
23 Planning committees 13
24 Considerations relevant to planning committee decisions 14
25 Power to set environmental limits for region 14
Schedule 1 15
Preparation of national planning framework
Schedule 2 16
Preparation of natural and built environments plans
Schedule 3 17
Planning committees

The Parliament of New Zealand enacts as follows:

1 Title
This Act is the Natural and Built Environments Act 2021.

2 Commencement
This Act comes into force on X.

Part 1
Preliminary provisions
3 Interpretation
In this Act, unless the context otherwise requires,—
abiotic means non-living parts of the environment
biotic means living parts of the environment
coastal water means seawater within the outer limits of the territorial sea and
includes—
(a) seawater with a substantial freshwater component; and

2 Consultation draft
Natural and Built Environments Bill Part 1 cl 3

(b) seawater in estuaries, fiords, inlets, harbours, or embayments

cultural heritage—
(a) means those aspects of the environment that contribute to an understand‐
ing and appreciation of New Zealand’s history and cultures, deriving
from any of the following qualities:
(i) archaeological:
(ii) architectural:
(iii) cultural:
(iv) historic:
(v) scientific:
(vi) technological; and
(b) includes—
(i) historic sites, structures, places, and areas; and
(ii) archaeological sites; and
(iii) sites of significance to Māori, including wāhi tapu; and
(iv) surroundings associated with those sites
district, in relation to a territorial authority, means the district of the territorial
authority as determined in accordance with the Local Government Act 2002
ecological integrity means the ability of an ecosystem to support and main‐
tain—
(a) its composition: the natural diversity of indigenous species, habitats, and
communities that make up the ecosystem; and
(b) its structure: the biotic and abiotic physical features of an ecosystem;
and
(c) its functions: the ecological and physical functions and processes of an
ecosystem; and
(d) its resilience to the adverse impacts of natural or human disturbances
ecosystem means a system of organisms interacting with their physical envir‐
onment and with each other
environment means, as the context requires,—
(a) the natural environment:
(b) people and communities and the built environment that they create:
(c) the social, economic, and cultural conditions that affect the matters sta‐
ted in paragraphs (a) and (b) or that are affected by those matters
environmental limits means the limits required by section 7 and set under
section 12 or 25
environmental outcomes means the outcomes provided for in section 8

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Part 1 cl 3 Natural and Built Environments Bill

freshwater means all water except coastal water and geothermal water
geothermal water—
(a) means water heated within the earth by natural phenomena to a tempera‐
ture of 30 degrees Celsius or more; and
(b) includes all steam, water, and water vapour, and every mixture of all or
any of them that has been heated by natural phenomena
infrastructure [placeholder]
infrastructure services [placeholder]
lake means a body of freshwater that is entirely or nearly surrounded by land
land—
(a) includes land covered by water and the airspace above land; and
(b) includes the surface of water
mineral has the same meaning as in section 2(1) of the Crown Minerals Act
1991
Minister means the Minister of the Crown who, under any warrant or with the
authority of the Prime Minister, is for the time being responsible for the admin‐
istration of this Act
Minister of Conservation means the Minister who, under the authority of a
warrant or with the authority of the Prime Minister, is responsible for the
administration of the Conservation Act 1987
mitigate, in the phrase “avoid, remedy, or mitigate”, includes to offset or pro‐
vide compensation if that is enabled—
(a) by a provision in the national planning framework or in a plan; or
(b) as a consent condition proposed by the applicant for the consent
national planning framework means the national planning framework made
by Order in Council under section 11
natural environment means—
(a) the resources of land, water, air, soil, minerals, energy, and all forms of
plants, animals, and other living organisms (whether native to New Zea‐
land or introduced) and their habitats; and
(b) ecosystems and their constituent parts
natural hazard means any atmospheric or earth- or water-related occurrence
(including earthquake, tsunami, erosion, volcanic and geothermal activity,
landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action
of which adversely affects or may adversely affect human life, property, or
other aspects of the environment

4 Consultation draft
Natural and Built Environments Bill Part 1 cl 3

person includes—
(a) the Crown, a corporation sole, and a body of persons, whether corporate
or unincorporate; and
(b) the successor of that person
plan—
(a) means a natural and built environments plan made in accordance with
section 21; and
(b) includes a proposed natural and built environments plan, unless other‐
wise specified
planning committee means the planning committee appointed for a region for
the purpose of section 23
precautionary approach is an approach that, in order to protect the natural
environment if there are threats of serious or irreversible harm to the environ‐
ment, favours taking action to prevent those adverse effects rather than post‐
poning action on the ground that there is a lack of full scientific certainty
public plan change [placeholder]
region, in relation to a regional council, means the region of the regional coun‐
cil as determined in accordance with the Local Government Act 2002
regional council—
(a) has the same meaning as in section 5 of the Local Government Act
2002; and
(b) includes a unitary authority
regional spatial strategy, in relation to a region, means the spatial strategy
that is made for the region under the Strategic Planning Act 2021
river—
(a) means a continually or intermittently flowing body of freshwater; and
(b) includes a stream and modified watercourse; but
(c) does not include an irrigation canal, a water supply race, a canal for the
supply of water for electric power generation, a farm drainage canal, or
any other artificial watercourse
structure—
(a) means any building, equipment, device, or other facility that is made by
people and fixed to land; and
(b) includes any raft
territorial authority means a city council or a district council named in Part 2
of Schedule 2 of the Local Government Act 2002

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Part 1 cl 4 Natural and Built Environments Bill

territorial sea means the territorial sea of New Zealand as defined by section 3
of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act
1977
te Tiriti o Waitangi has the same meaning as Treaty in section 2 of the Treaty
of Waitangi Act 1975
unitary authority has the same meaning as in section 5(1) of the Local Gov‐
ernment Act 2002
urban form means the physical characteristics that make up an urban area,
including the shape, size, density, and configuration of the urban area
water—
(a) means water in all its physical forms, whether flowing or not and
whether over or under the ground:
(b) includes freshwater, coastal water, and geothermal water:
(c) does not include water in any form while in any pipe, tank, or cistern
well-being means the social, economic, environmental, and cultural well-being
of people and communities, and includes their health and safety.

4 How Act binds the Crown

[Placeholder.]

Part 2
Purpose and related provisions
5 Purpose of this Act
(1) The purpose of this Act is to enable—
(a) Te Oranga o te Taiao to be upheld, including by protecting and enhanc‐
ing the natural environment; and
(b) people and communities to use the environment in a way that supports
the well-being of present generations without compromising the well-
being of future generations.
(2) To achieve the purpose of the Act,—
(a) use of the environment must comply with environmental limits; and
(b) outcomes for the benefit of the environment must be promoted; and
(c) any adverse effects on the environment of its use must be avoided, rem‐
edied, or mitigated.
(3) In this section, Te Oranga o te Taiao incorporates—
(a) the health of the natural environment; and
(b) the intrinsic relationship between iwi and hapū and te taiao; and
(c) the interconnectedness of all parts of the natural environment; and

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Natural and Built Environments Bill Part 2 cl 8

(d) the essential relationship between the health of the natural environment
and its capacity to sustain all life.

6 Te Tiriti o Waitangi
All persons exercising powers and performing functions and duties under this
Act must give effect to the principles of te Tiriti o Waitangi.

7 Environmental limits
(1) The purpose of environmental limits is to protect either or both of the follow‐
ing:
(a) the ecological integrity of the natural environment:
(b) human health.
(2) Environmental limits must be prescribed—
(a) in the national planning framework (see section 12); or
(b) in plans, as prescribed in the national planning framework (see section
25).
(3) Environmental limits may be formulated as—
(a) the minimum biophysical state of the natural environment or of a speci‐
fied part of that environment:
(b) the maximum amount of harm or stress that may be permitted on the nat‐
ural environment or on a specified part of that environment.
(4) Environmental limits must be prescribed for the following matters:
(a) air:
(b) biodiversity, habitats, and ecosystems:
(c) coastal waters:
(d) estuaries:
(e) freshwater:
(f) soil.
(5) Environmental limits may also be prescribed for any other matter that accords
with the purpose of the limits set out in subsection (1).
(6) All persons using, protecting, or enhancing the environment must comply with
environmental limits.
(7) In subsection (3)(a), biophysical means biotic or abiotic physical features.

8 Environmental outcomes
To assist in achieving the purpose of the Act, the national planning framework
and all plans must promote the following environmental outcomes:
(a) the quality of air, freshwater, coastal waters, estuaries, and soils is pro‐
tected, restored, or improved:

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Part 2 cl 8 Natural and Built Environments Bill

(b) ecological integrity is protected, restored, or improved:

(c) outstanding natural features and landscapes are protected, restored, or
improved:
(d) areas of significant indigenous vegetation and significant habitats of
indigenous fauna are protected, restored, or improved:
(e) in respect of the coast, lakes, rivers, wetlands, and their margins,—
(i) public access to and along them is protected or enhanced; and
(ii) their natural character is preserved:
(f) the relationship of iwi and hapū, and their tikanga and traditions, with
their ancestral lands, water, sites, wāhi tapu, and other taonga is restored
and protected:
(g) the mana and mauri of the natural environment are protected and
restored:
(h) cultural heritage, including cultural landscapes, is identified, protected,
and sustained through active management that is proportionate to its cul‐
tural values:
(i) protected customary rights are recognised:
(j) greenhouse gas emissions are reduced and there is an increase in the
removal of those gases from the atmosphere:
(k) urban areas that are well-functioning and responsive to growth and other
changes, including by—
(i) enabling a range of economic, social, and cultural activities; and
(ii) ensuring a resilient urban form with good transport links within
and beyond the urban area:
(l) a housing supply is developed to—
(i) provide choice to consumers; and
(ii) contribute to the affordability of housing; and
(iii) meet the diverse and changing needs of people and communities;
and
(iv) support Māori housing aims:
(m) in relation to rural areas, development is pursued that—
(i) enables a range of economic, social, and cultural activities; and
(ii) contributes to the development of adaptable and economically
resilient communities; and
(iii) promotes the protection of highly productive land from inappro‐
priate subdivision, use, and development:
(n) the protection and sustainable use of the marine environment:

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Natural and Built Environments Bill Part 3 cl 11

(o) the ongoing provision of infrastructure services to support the well-being

of people and communities, including by supporting—
(i) the use of land for economic, social, and cultural activities:
(ii) an increase in the generation, storage, transmission, and use of
renewable energy:
(p) in relation to natural hazards and climate change,—
(i) the significant risks of both are reduced; and
(ii) the resilience of the environment to natural hazards and the effects
of climate change is improved.

Part 3
National planning framework
Requirement for national planning framework
9 National planning framework
(1) There must at all times be a national planning framework.
(2) The national planning framework—
(a) must be prepared and maintained by the Minister in the manner set out
in Schedule 1; and
(b) has effect when it is made by the Governor-General by Order in Council
under section 11.

10 Purpose of national planning framework

The purpose of the national planning framework is to further the purpose of
this Act by providing integrated direction on—
(a) matters of national significance; or
(b) matters for which national consistency is desirable; or
(c) matters for which consistency is desirable in some, but not all, parts of
New Zealand.

11 National planning framework to be made as regulations

(1) The Governor-General may, by Order in Council made on the recommendation
of the Minister, make the national planning framework in the form of regula‐
tions.
(2) The regulations may apply—
(a) to any specified region or district of a local authority; or
(b) to any specified part of New Zealand.
(3) The regulations may—

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Part 3 cl 12 Natural and Built Environments Bill

(a) set directions, policies, goals, rules, or methods:

(b) provide criteria, targets, or definitions.
(4) Regulations made under this section are secondary legislation (see Part 3 of the
Legislation Act 2019 for publication requirements).

Contents of national planning framework

12 Environmental limits
(1) Environmental limits—
(a) may be prescribed in the national planning framework; or
(b) may be made in plans if the national planning framework prescribes the
requirements relevant to the setting of limits by planning committees.
(2) Environmental limits may be prescribed—
(a) qualitatively or quantitatively:
(b) at different levels for different circumstances and locations.

13 Topics that national planning framework must include

(1) The national planning framework must set out provisions directing the out‐
comes described in—
(a) section 8(a) (the quality of air, freshwater, coastal waters, estuaries,
and soils); and
(b) section 8(b) (ecological integrity); and
(c) section 8(c) (outstanding natural features and landscapes); and
(d) section 8(d) (areas of significant indigenous vegetation and significant
habitats of indigenous animals); and
(e) section 8(j) (greenhouse gas emissions); and
(f) section 8(k) (urban areas); and
(g) section 8(l) (housing supply); and
(h) section 8(o) (infrastructure services); and
(i) section 8(p) (natural hazards and climate change);.
(2) The national planning framework may also include provisions on any other
matter that accords with the purpose of the national planning framework,
including a matter relevant to an environmental outcome provided for in sec-
tion 8.
(3) In addition, the national planning framework must include provisions to help
resolve conflicts relating to the environment, including conflicts between or
among any of the environmental outcomes described in section 8.

10 Consultation draft
Natural and Built Environments Bill Part 3 cl 17

14 Strategic directions to be included

The provisions required by sections 10, 12, and 13 must include strategic
goals such as—
(a) the vision, direction, and priorities for the integrated management of the
environment within the environmental limits; and
(b) how the well-being of present and future generations is to be provided
for within the relevant environmental limits.

15 Implementation of national planning framework

(1) The national planning framework may direct that certain provisions in the
framework—
(a) must be given effect to through the plans; or
(b) must be given effect to through regional spatial strategies; or
(c) have direct legal effect without being incorporated into a plan or provi‐
ded for through a regional spatial strategy.
(2) If certain provisions of the national planning framework must be given effect to
through plans, the national planning framework may direct that planning com‐
mittees—
(a) make a public plan change; or
(b) insert that part of the framework directly into their plans without using
the public plan change process; or
(c) amend their plans to give effect to that part of the framework, but with‐
out—
(i) inserting that part of the framework directly into their plans; or
(ii) using the public plan change process.
(3) Amendments required under this section must be made as soon as practicable
within the time, if any, specified in the national planning framework.

16 Application of precautionary approach

In setting environmental limits, as required by section 7, the Minister must
apply a precautionary approach.

17 [Placeholders]
[Placeholder for other matters to come, including—
(i) the role of the Minister of Conservation in relation to the national planning
framework; and
(ii) the links between this Act and the Climate Change Response Act 2002.]

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Part 3 cl 18 Natural and Built Environments Bill

18 Implementation principles
[Placeholder for implementation principles. The drafting of this clause is at the
indicative stage; the precise form of the principles and of the statutory func‐
tions they apply to are still to be determined. In paras (b) and (e), the terms in
square brackets need to be clarified as to the scope of their meaning in this
clause.]
[Relevant persons must]—
(a) promote the integrated management of the environment:
(b) recognise and provide for the application, in relation to [te taiao], of
[kawa, tikanga (including kaitiakitanga), and mātauranga Māori]:
(c) ensure appropriate public participation in processes undertaken under
this Act, to the extent that is important to good governance and propor‐
tionate to the significance of the matters at issue:
(d) promote appropriate mechanisms for effective participation by iwi and
hapū in processes undertaken under this Act:
(e) recognise and provide for the authority and responsibility of each iwi
and hapū to protect and sustain the health and well-being of [te taiao]:
(f) have particular regard to any cumulative effects of the use and develop‐
ment of the environment:
(g) take a precautionary approach.

Part 4
Natural and built environments plans
Requirement for natural and built environments plans
19 Natural and built environments plans
There must at all times be a natural and built environments plan (a plan) for
each region.

20 Purpose of plans
The purpose of a plan is to further the purpose of the Act by providing a frame‐
work for the integrated management of the environment in the region that the
plan relates to.

21 How plans are prepared, notified, and made

(1) The plan for a region, and any changes to it, must be made—
(a) by that region’s planning committee; and
(b) using the process set out in Schedule 2.
(2) [Placeholder for status of plans as secondary legislation.]

12 Consultation draft
Natural and Built Environments Bill Part 4 cl 23

Contents of plans
22 Contents of plans
(1) The plan for a region must—
(a) state the environmental limits that apply in the region, whether set by the
national planning framework or under section 25; and
(b) give effect to the national planning framework in the region as the
framework directs (see section 15); and
(c) promote the environmental outcomes specified in section 8 subject to
any direction given in the national planning framework; and
(d) [placeholder] be consistent with the regional spatial strategy; and
(e) identify and provide for—
(i) matters that are significant to the region; and
(ii) for each district within the region, matters that are significant to
the district; and
(f) [placeholder: policy intent is that plans must generally manage the same
parts of the environment, and generally control the same activities and
effects, that local authorities manage and control in carrying out their
functions under the Resource Management Act 1991 (see sections 30
and 31 of that Act)]; and
(g) help to resolve conflicts relating to the environment in the region,
including conflicts between or among any of the environmental out‐
comes described in section 8; and
(h) [placeholder for additional specified plan contents]; and
(i) include anything else that is necessary for the plan to achieve its purpose
(see section 20).
(2) A plan may—
(a) set objectives, rules, processes, policies, or methods:
(b) identify any land or type of land in the region for which a stated use,
development, or protection is a priority:
(c) include any other provision.

Planning committees
23 Planning committees
(1) A planning committee must be appointed for each region.
(2) The committee’s functions are—
(a) to make and maintain the plan for a region using the process set out in
Schedule 2; and

Consultation draft 13
Part 4 cl 24 Natural and Built Environments Bill

(b) to approve or reject recommendations made by an independent hearings

panel after it considers submissions on the plan; and
(c) to set any environmental limits for the region that the national planning
framework authorises the committee to set (see section 7).
(3) Provisions on the membership and support of a planning committee are set out
in Schedule 3.

24 Considerations relevant to planning committee decisions

(1) A planning committee must comply with this section when making decisions
on a plan.
(2) The committee must have regard to—
(a) any cumulative effects of the use and development of the environment:
(b) any technical evidence and advice, including mātauranga Māori, that the
committee considers appropriate:
(c) whether the implementation of the plan could have effects on the natural
environment that have, or are known to have, significant or irreversible
adverse consequences:
(d) the extent to which it is appropriate for conflicts to be resolved generally
by the plan or on a case-by-case basis by resource consents or designa‐
tions.
(3) The committee must apply the precautionary approach.
(4) The committee is entitled to assume that the national planning framework fur‐
thers the purpose of the Act, and must not independently make that assessment
when giving effect to the framework.
(5) [Placeholder for additional matters to consider.]
(6) In subsection (2)(d), conflicts—
(a) means conflicts relating to the environment; and
(b) includes conflicts between or among any of the environmental outcomes
described in section 8.

25 Power to set environmental limits for region

(1) This section applies only if the national planning framework—
(a) specifies an environmental limit that must be set by the plan for a region,
rather than by the framework; and
(b) prescribes how the region’s planning committee must decide on the limit
to set.
(2) The planning committee must—
(a) decide on the limit in accordance with the prescribed process; and
(b) set the limit by including it in the region’s plan.

14 Consultation draft
Natural and Built Environments Bill Schedule 1

Schedule 1
Preparation of national planning framework
s9

[placeholder]

Consultation draft 15
Schedule 2 Natural and Built Environments Bill

Schedule 2
Preparation of natural and built environments plans
s 21

[placeholder]

16 Consultation draft
Natural and Built Environments Bill Schedule 3

Schedule 3
Planning committees
s 23

Contents
Page
Membership
1 Membership of planning committees 17
2 Appointment of member to represent Minister of Conservation 17
3 Appointment of mana whenua members 17
4 Appointment of planning committee chairperson 18
Support
5 Planning committee secretariat 18
6 Local authorities must fund secretariat 18

Membership
1 Membership of planning committees
(1) The members of a region’s planning committee are—
(a) 1 person appointed under clause 2 to represent the Minister of Conser‐
vation:
(b) mana whenua representatives appointed under clause 3:
(c) either—
(i) 1 person nominated by each local authority that is within or partly
within the region; or
(ii) [placeholder for appropriate representation if the regional council
is a unitary authority].
(2) Despite subclause (1)(c), the same person may be nominated by more than 1
local authority for the purpose of that paragraph.

2 Appointment of member to represent Minister of Conservation

[Placeholder.]

3 Appointment of mana whenua members

[Placeholder] This section sets out—
(a) how many mana whenua representatives may be appointed to a planning
committee; and
(b) how those representatives are selected and appointed.

Consultation draft 17
Schedule 3 Natural and Built Environments Bill

4 Appointment of planning committee chairperson

[Placeholder.]

Support
5 Planning committee secretariat
(1) [Placeholder] Each planning committee must establish and maintain a secretar‐
iat.
(2) The function of the secretariat is to provide any advice and administrative sup‐
port that the committee requires to help it carry out its functions under this Act,
including, for example, to—
(a) provide policy advice:
(b) commission expert advice:
(c) draft plans and changes to plans:
(d) co-ordinate submissions.
(3) [Placeholder: policy intent is that local authorities support secretariat.]

6 Local authorities must fund secretariat

[Placeholder.]

18 Consultation draft