Regional councils can apply to have a breach of a National Environmental Standards for Air Quality excluded if caused by an exceptional circumstance. Find out about the exceptional circumstances provision in the National Environmental Standards for Air Quality and how to apply. See outcomes of previous applications.
In 2011, the provision for exceptional circumstances was added to the National Environmental Standards for Air Quality as Regulation 16A. The provision allows regional councils to apply for an exceedance of an air quality standard as being caused by an exceptional circumstance.
Exceptional circumstances are assessed on a case-by-case basis by the Minister for the Environment on written application by a regional council.
If the Minister decides that an exceedance was caused by exceptional circumstances, that exceedance is excluded when determining whether the standard for the relevant contaminant has been breached in that airshed. However, the regional council is still required to give public notice of the exceedance.
The Minister considers applications for exceedances to be assessed as caused by exceptional circumstances, on a case-by-case basis.
When providing advice to the Minister, the Ministry considers the following five criteria to help assess whether an exceedance was caused by exceptional circumstances:
These criteria are explained in more detail in the 2011 users' guide to the revised National Environmental Standards for Air Quality: Updated 2014.
Councils can apply for exceptional circumstances by completing the following application form for exceedances:
Under Regulation 16A(2), the Minister must receive the application for exceptional circumstances no later than three months after the date of the exceedance. Regulation 16A(4) states that the Minister must provide the council with written notice of his or her decision no later than three months after the date on which the application was received.
We recommend that councils email the Ministry for the Environment at info@mfe.govt.nz before completing their application.
Details of applications for exceptional circumstances received by the Ministry, including the outcome and links to documents that applicants used to make the applications, are listed below.
Bay of Plenty Regional Council application for 19 April 2023
Council: Bay of Plenty Regional Council
Airshed: Mount Maunganui Airshed
Date of exceedance: 19 April 2023
Pollutant: PM10
Concentration: 51 micrograms per cubic metre (24-hour mean)
Circumstances of the exceedance: The evidence shows that the exceedance was caused by a combination of high seas and north-easterly winds carrying sea salt to the monitoring station.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document
Bay of Plenty Regional Council cover letter
Auckland Council application for 18, 19 and 24 August 2022
Council: Auckland Council
Airshed: Auckland Urban Airshed
Date of exceedance: 18 and 19 August 2022 for exceedances relating to sea salt and 24 August 2022 for exceedances relating to graffiti
Pollutant: PM10 for 18 and 19 August 2022; NO 2 for 24 August 2022
Concentration: 54.2 and 52.1 micrograms per cubic metre (24-hour mean) for PM10 ; 261.03 micrograms per cubic metre (1-hour mean)
Circumstances of the exceedance: For the 18 and 19 August 2022 exceedances a severe weather event with high sea state and onshore easterly winds occurred. On 24 August 2022 an incident involving spray paint fumes from an unlawful graffitist and the emissions from their stationary vehicle.
The Minister decided to GRANT this application.
Auckland Council application [PDF, 4.5 MB]
Auckland Council application for 9 June 2022 to 17 June 2022
Council: Auckland Council
Airshed: Auckland Urban Airshed
Date of exceedance: 94 exceedances between 9 June 2022 and 17 June 2022
Pollutant: NO2
Concentration: 94 exceedances between 201.8 and 399.30 micrograms per cubic metre (1-hour mean)
The evidence shows that the exceedances were caused by exhaust fumes from a temporary diesel generator used for planned utilities upgrades near an air quality monitoring station.
The Minister decided to DECLINE this application.
Auckland Council application [PDF, 3.3 MB]
Bay of Plenty Regional Council application for 18 and 19 August 2022
Council: Bay of Plenty Regional Council
Airshed: Mount Maunganui Airshed
Date of exceedance: 18 and 19 August 2022
Pollutant: PM10
Concentration: 64 and 73 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence shows that the exceedance was caused by a combination of high seas and north easterly winds carrying sea salt to the monitoring station.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document
Bay of Plenty Regional Council cover letter
Northland Regional Council application for 25 May 2022
Council: Northland Regional Council
Airshed: Whangārei Airshed
Date of exceedance: 25 May 2022
Pollutant: PM10
Concentration: 81 micrograms per cubic metre (24hour)
Circumstances of exceedance: The evidence shows that the exceedance was caused by an incident of non-compliance by a landowner with a regional plan involving smoke from outdoor burning on rural land.
The Minister decided to GRANT this application.
Northland Regional Council cover letter
Bay of Plenty Regional Council application for 21 April 2022
Council: Bay of Plenty Regional Council
Airshed: Mount Maunganui Airshed
Date of exceedance: 21 April 2022
Pollutant: PM10
Concentration: 53 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence shows that the exceedance was caused by a combination of high seas and north-easterly winds carrying sea salt to the monitoring station.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document
Bay of Plenty Regional Council cover letter
Bay of Plenty Regional Council application for 9 and 10 June 2021
Council: Bay of Plenty Regional Council
Airshed: Mount Maunganui Airshed
Date of exceedance: 9 and 10 June 2021
Pollutant: PM10
Concentration: 58 and 53 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence shows that the exceedance was caused by a combination of high seas and south-easterly winds carrying sea salt to the monitoring station.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document
Bay of Plenty Regional Council cover letter
Bay of Plenty Regional Council application for 2,3 and 4 February 2021
Council: Bay of Plenty Regional Council
Airshed: Mount Maunganui Airshed
Date of exceedance: 2, 3 and 4 February 2021
Pollutant: PM10
Concentration: 59, 60 and 57 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence shows that the exceedance occurred due to the disturbance of dust from heavy vehicle movements on unsealed roads during the runway maintenance work at the Tauranga Airport.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document
Bay of Plenty Regional Council supporting information
Hawke’s Bay Regional Council application for 13 December 2020
Council: Hawke’s Bay Regional Council
Airshed: Awatoto Airshed
Date of exceedance: 13 December 2020
Pollutant: SO2
Concentration: 10243.2, 196535.2, 25926.8 and 1380.8 micrograms per cubic metre (1-hour mean)
Circumstances of exceedance: The evidence shows that the exceedance was a result of an accidental car crash through a sulphur storage shed in the Ravensdown Napier Works facility.
The Minister decided to GRANT this application.
Hawke’s Bay Regional Council application
Tasman District Council application for 7 December 2019
Council: Tasman District Council
Airshed: Richmond Airshed
Date of exceedance: 7 December 2019
Pollutant: PM10
Concentration: 52 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence shows that the exceedance was caused by smoke and dust particles from the 2019-2020 Australian dust storms and bushfires, which were dispersed across areas the Tasman Sea by unusual wind flows.
The Minister decided to GRANT this application.
Tasman District Council application document [PDF 206 KB]
Tasman District Council supporting information [PDF 347 KB]
Bay of Plenty Regional Council application for 6 December 2019
Council: Bay of Plenty Regional Council
Airsheds: Mount Maunganui Airshed; Rest of Bay of Plenty Region Airshed
Date of exceedance: 6 December 2019
Pollutant: PM10
Concentrations: 52-66 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed there were exceedances recorded at five monitoring sites in the Bay of Plenty Region, caused by smoke and dust particles from the 2019-2020 Australian dust storms and bushfires, which were dispersed across areas the Tasman Sea by unusual wind flows.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document [PDF, 2.2 MB]
Waikato Regional Council application for 6 December 2019
Council: Waikato Regional Council
Airsheds: Putaruru Airshed, Huntly Airshed and Rest of Waikato Region Airshed
Date of exceedance: 6 December 2019
Pollutant: PM10
Concentrations: 50.6-52.7 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed there were exceedances recorded at five monitoring sites in the Waikato Region, caused by smoke and dust particles from the 2019-2020 Australian dust storms and bushfires, which were dispersed across areas the Tasman Sea by unusual wind flows.
The Minister decided to GRANT this application.
Waikato Regional Council application document [PDF, 1.8 MB]
Waikato Regional Council cover letter [PDF, 420 KB]
Auckland Council application for 6 December 2019
Council: Auckland Council
Airsheds: Auckland Urban Airshed and Auckland Rural Airshed
Date of exceedance: 6 December 2019
Pollutant: PM10
Concentrations: 54-58 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed there were exceedances recorded at three monitoring sites in the Auckland Region, caused by smoke and dust particles from the 2019-2020 Australian dust storms and bushfires, which were dispersed across areas the Tasman Sea by unusual wind flows.
The Minister decided to GRANT this application.
Auckland Council application document [PDF, 882 KB]
Auckland Council supporting information [PDF, 1.5 MB]
Auckland Council cover letter [PDF, 145 KB]
Auckland Council application for 23 October 2019
Council: Auckland Council
Airshed: Auckland Urban Airshed
Date of exceedance: 23 October 2019
Pollutant: PM10
Concentrations: 201.3-287.6 micrograms per cubic metre (1 hour mean)
Circumstances of exceedance: The evidence showed that an exceedance occurred as a result of smoke emissions from an accidental fire at the New Zealand International Convention Centre construction site.
The Minister decided to GRANT this application.
Auckland Council application document [PDF, 834 KB]
Auckland Council supporting information [PDF, 592 KB]
Auckland Council cover letter [PDF, 149 KB]
Environment Canterbury application for 1 February 2019
Council: Canterbury Regional Council
Airshed: Geraldine airshed
Date of exceedance: 1 February 2019
Pollutant: PM10
Concentration: 53 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: Not fully ascertained. The evidence showed the exceedance was caused by a non-combustion source that was not associated with human activities. Further evidence indicated the exceedance was most likely caused by dust particles carried from the Southern Alps to the monitoring site by northwest foehn winds.
The Minister decided to GRANT this application.
Canterbury Regional Council application document [PDF, 5.8 MB]
Hawke’s Bay Regional Council application for 12 June 2018
Council: Hawke’s Bay Regional Council
Airshed: Awatoto airshed
Date of exceedance: 12 June 2018
Pollutant: PM10
Concentration: 56.6 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by sea salt. A combination of high seas and moderate east to south-easterly winds throughout the day carried sea salt particles to the monitoring station.
The Minister decided to GRANT this application.
Hawke’s Bay Regional Council application document [PDF, 3.4 MB]
Hawke’s Bay Regional Council application for 29 April 2017
Council: Hawke's Bay Regional Council
Airshed: Awatoto airshed
Date of exceedance: 29 April 2017
Pollutant: PM10
Concentration: 75 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by elevated sea salt brought to the monitoring site by onshore winds during a long-period of swells with significantly high waves.
The Minister decided to GRANT this application.
Hawke's Bay Regional Council application document [PDF, 634 KB]
Horizons Regional Council application for 28-30 March 2016
Council: Horizons Regional Council
Airshed: Taumarunui
Date of exceedance: 28, 29, 30 March 2016
Pollutant: PM10
Concentration: 56, 105 and 82 micrograms per cubic metre (24-hour mean) respectively
Circumstances of exceedance: Not fully ascertained. The application was assessed based on previous years’ PM10 levels for the site, which are well below the standard, the season the exceedances occurred, which recorded high ambient temperatures, and the absence of visible smoke in the vicinity of the monitoring site and the airshed during those days.
The Minister decided to GRANT this application.
Horizons Regional Council application document [PDF, 2,19 KB]
Hawke’s Bay Regional Council application for 1 October 2014
Council: Hawke's Bay Regional Council
Airshed: Awatoto airshed
Date of exceedance: 1 October 2014
Pollutant: PM10
Concentration: 58 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by sea salt. A combination of high seas and south-easterly winds throughout the day carried sea salt particles to the monitoring station located 200m west of the shoreline.
The Minister decided to GRANT this application.
Hawke's Bay Regional Council application document [PDF, 4 MB]
Bay of Plenty Regional Council application for 3 August 2014
Council: Bay of Plenty Regional Council
Airshed: Bay of Plenty Airshed (consisting of the Bay of Plenty region excluding the Rotorua Airshed)
Date of exceedance: 3 August 2014
Pollutant: PM10
Concentration: 51 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by sea salt. A combination of high seas and moderate northerly winds throughout the day carried sea salt particles to the monitoring station located 2.5 km to the southwest of the shoreline.
The Minister decided to GRANT this application.
Bay of Plenty Regional Council application document [PDF, 13 KB]
Auckland Council application for 4 June – 8 July 2014
Council: Auckland Council
Airshed: Auckland Urban Airshed
Date of exceedance: 4 June – 8 July 2014
Pollutant: NO2
Concentration: 201.3-287.6 micrograms per cubic metre (1 hour mean)
Circumstances of exceedance: The evidence showed there were 13 exceedances caused by emissions from a diesel generator, temporarily located close to the monitoring station
The Minister decided to GRANT this application.
Auckland Council application document [PDF, 5.9 MB]
Hawke’s Bay Regional Council application for 11 June 2014
Council: Hawke's Bay Regional Council
Airshed: Awatoto airshed
Date of exceedance: 11 June 2014
Pollutant: PM10
Concentration: 55 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by sea salt. A combination of high seas and moderate easterly winds throughout the day carried sea salt particles to the monitoring station located 200m west of the shoreline.
The Minister decided to GRANT this application.
Hawke's Bay Regional Council application document [PDF, 5.2 MB]
Otago Regional Council application for 27 July 2013
Council: Otago Regional Council
Airshed: Otago airshed 3 (which consists of Balclutha, North and Central Dunedin, Port Chalmers, Waikouaiti and Oamaru)
Date of exceedance: 27 July 2013
Pollutant: PM10
Concentration: 56 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by coffee powder blown towards the Albany Street monitoring station. The coffee powder came from the Cerebos Greggs Dunedin Instant Coffee plant which is located close to the monitoring station and experienced a valve failure.
The Minister decided to GRANT this application.
Otago Regional Council application document [PDF, 4.4 MB]
Waikato Regional Council application for 12 May – 6 June 2013
Council: Waikato Regional Council
Airshed: Hamilton airshed
Date of exceedances: 12 May – 6 June 2013
Pollutant: PM10
Concentration: 57 (min) to 135 (max) micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the eight exceedances that occurred over the period of a month were caused by significant roadworks that took place at an intersection close to the monitoring station. The dust from the roadworks was carried by wind towards the Peachgrove monitoring station located close by.
The Minister decided to GRANT this application.
Waikato Regional Council application [PDF, 5.8 MB]
Auckland Council application for 7 March 2013
Council: Auckland Council
Airshed: Auckland Urban airshed
Date of exceedance: 7 March 2013
Pollutant: PM10
Concentration: 77 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: The evidence showed the exceedance was caused by a large fireworks event that took place as part of the Auckland Arts Festival. The smoke from the fireworks was carried by wind towards the Khyber Pass monitoring station located close by.
The Minister decided to DECLINE this application.
Auckland Council application document [PDF, 6 MB]
Environment Canterbury application for 9 January 2013
Council: Environment Canterbury
Airshed: Ashburton airshed
Date of exceedance: 9 January 2013
Pollutant: PM10
Concentration: 66 micrograms per cubic metre (24-hour mean)
Circumstances of exceedance: Evidence showed the exceedance was caused by an interaction between two extreme weather events. The Rakaia, Rangitata and Ashburton rivers experienced a flood event early in January 2013, and this was followed by strong winds. Silt deposited on the river beds as a result of the floods was then carried into the Ashburton airshed by the winds, causing an increase in PM10 concentrations and an exceedance of the PM10 standard.
The Minister decided to GRANT this application.
Environment Canterbury application document [PDF, 4.20 MB]