New Zealand Legislation: Acts

95A Public notification of consent application at consent authority's discretion

• (1) A consent authority may, in its discretion, decide whether to publicly notify an application for a resource consent for an activity.

  (2) Despite subsection (1), a consent authority must publicly notify the application if—

  • (a) it decides (under section 95D) that the activity will have or is likely to have adverse effects on the environment that are more than minor; or

  • (b) the applicant requests public notification of the application; or

  • (c) a rule or national environmental standard requires public notification of the application.

  (3) Despite subsections (1) and (2)(a), a consent authority must not publicly notify the application if—

  • (a) a rule or national environmental standard precludes public notification of the application; and

  • (b) subsection (2)(b) does not apply.

  (4) Despite subsection (3), a consent authority may publicly notify an application if it decides that special circumstances exist in relation to the application.

  Section 95A: inserted, on 1 October 2009, by section 76 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).