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Laws and treaties

• Climate Change Response Act 2002
• Environment Act 1986
• Fiordland Marine Management Act 2005
• Marine and Coastal Area Act 2011
• HSNO Act 1996
• Ozone Layer Protection Act 1996
• Resource Management Act
• Soil Conservation and Rivers Control Act
• National environmental standards
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• Waste Minimisation Act 2008

2011 amendment to the National Environmental Standards for Air Quality

The National Environmental Standards for Air Quality were reviewed in 2009 and in 2011 changes to the standards came into effect. All changes from this amendment have been incorporated into the regulations.

This web page provides information on the review including:

• the main changes to the regulations
• target compliance dates for airsheds
• support to implement the changes
• the review process
• further information on the review

The main changes to the regulations

On 29 January 2011, Environment Minister Dr Nick Smith announced the outcome of a review of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and other Toxics) Regulations 2004 (the air quality standards).

The 2004 regulations set threshold concentrations for certain air pollutants including particulate matter less than 10 microns in diameter (PM₁₀). The regulations included restrictions before 2013, and a complete ban on granting consent for industry after 2013, if the PM₁₀ standard is not achieved. The air quality standards help protect public health whilst providing a level playing field for industry.

The main changes to the regulations were:

• removing existing restrictions in the regulations on industry consents for PM₁₀ discharges
• introducing split target compliance dates depending on the state of air quality in each airshed.  Airsheds with more than 10 exceedances a year must meet three exceedances by 1 September 2016, and one exceedance by 1 September 2020.  Airsheds with fewer than 10 exceedances a year must meet one exceedance by 1 September 2016
• making provision for the exclusion of exceptional events (eg, dust storms, volcanic eruptions) from counting as exceedances of the PM₁₀ standard
• requiring offsets from new industries with significant PM₁₀ discharges in polluted airsheds from September 2012.  This means new industries will only be permitted to discharge PM₁₀ if they reduce emissions from elsewhere so overall emissions in the airshed stay the same (or improve)
• prohibiting new solid-fuel open fires in homes in polluted airsheds from September 2012 (gas open fires will still be permitted).

Whilst the compliance timeframe has been amended to be more realistic, importantly, the value of the PM₁₀ standard itself will not change.  This means bottom-line standards for public health protection remain unaffected.

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Target compliance dates for airsheds

Table 1 lists new target compliance dates for all airsheds that, based on a current five year average, do not comply with the PM₁₀ standard.

Councils will need to monitor air quality in these airsheds and plan to meet the national air quality standard by the new target compliance dates.  From 1 September 2012, unless compliance is achieved earlier, these airsheds will further be subject to:

• a ban on new solid fuel burning open fires
• a requirement for mandatory offsets for new significant discharges of PM₁₀.

Table 1 Split target compliance dates for non-complying airsheds

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Support to implement the changes

To help regional councils implement the changes to the air quality standards, the Ministry has produced new guidance: Clean Healthy Air for All New Zealanders: The National Air Quality Compliance Strategy to Meet the PM₁₀ standard.

This guide sets out the practices to be adopted to achieve compliance with the ambient PM₁₀ standard and is aimed at regional council officers and their elected representatives. However, it is likely to be of interest to other stakeholders, such as industry, business, resource management consultants, NGOs, environmental groups, and local communities.

The Ministry has also prepared the 2011 Users’ Guide to the Revised National Environmental Standards for Air Quality. This guide updates and supersedes the 2005 version of the Users’ Guide. It helps practitioners to apply the regulations in a streamlined and consistent manner across New Zealand.

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Review process

The review was supported by an independent technical advisory group which had specific terms of reference. The group presented an independent report containing its recommendations to the Minister in November 2009. Based on these recommendations, the Government agreed to public consultation on several options, including two preferred options.

• Technical Advisory Group (TAG) for Air Quality
• Terms of Reference for the Ministerial Review
• Air Quality – Getting the Balance Right: Report of the Technical Advisory Group on National Air Quality Standards

In June 2010, the Ministry published a discussion document and held five workshops to inform people about the proposed amendments, and to encourage and assist people to prepare submissions on the proposal.  To view the discussion document, submission report and individual submissions see:

• discussion document
• report on the submissions
• submissions

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Further information on the review

For further information on the review of the air quality standards see:

• Minister's media release
• Regulatory Impact Statement: Amending the PM₁₀ Air Quality Standards: Final Recommendations (PDF, 716 KB)
• Cabinet paper agreeing to the changes (PDF, 715 KB)
• Revised National Environmental Standards for Air Quality: Evaluation under Section 32 of the Resource Management Act

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Last updated: 8 February 2012