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Air Quality

Glossary

Rules in plans

The air standards do not:

  • prevail over a rule that is more stringent than the air standards, if this is expressly provided for by the air standards (s43B(1)).

A rule in a plan must not be more lenient than the air standards.  This is called the 'stricter provision prevails ' principle (s43B(3)).

Designations

The air standards do not apply to existing designations unless either:

  • the designation lapses, or
  • any conditions of the designation which are relevant to the air standards are altered (whichever is the earlier) (s43D(1)).

The air standards do apply to and must be considered by the territorial authority when considering:

  • a designation that requires an outline plan, where the outline plan process under s176A has not been completed at the time the air standards were enacted (s43D(3))
  • any new notice of requirement (s43D(4))

Resource consents

The air standards do not apply to:

  • a resource consent that exists when the standards were made. Therefore, the air standards do not affect consents that existed  before 1 September 2005 (except for s128 reviews relating to water, coastal and discharge permits, see below) (s43B(5))

The air standards do apply to:

  • Any review under s128(1)(ba) of the RMA for any water, coastal or discharge permit (s43B(6)).
  • Any resource consents for which a hearing had yet to be held at 1 September 2005 and all resource consents lodged after 1 September 2005 (s43B(7)).
  • The "renewal" process for any resource consent under s124.
  • A resource consent must not be more lenient than the air standards.  This is called the 'stricter provision prevails ' principle (s43B(3)).

Sensitive activities

People who are particularly sensitive to the health effects of air pollution from transport include the young, sick and old.  Sensitive activities includes any facility where there are likely to be groups of sensitive people (eg, schools, child care facilities, hospitals).

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