104D Particular restrictions for non-complying activities

(1)

Despite any decision made for the purpose of notification in relation to adverse effects, a consent authority may grant a resource consent for a non-complying activity only if it is satisfied that either—

(a)

the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or

(b)

the application is for an activity that will not be contrary to the objectives and policies of—

(i)

the relevant plan, if there is a plan but no proposed plan in respect of the activity; or

(ii)

the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or

(iii)

both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.

(2)

To avoid doubt, section 104(2) applies to the determination of an application for a non-complying activity.

Section 104D: inserted, on 1 August 2003, by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 104D(1): amended, on 18 October 2017, by section 144 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 104D(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 104D(1)(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).