95A Public notification of consent applications

(1)

A consent authority must follow the steps set out in this section, in the order given, to determine whether to publicly notify an application for a resource consent.

Step 1: mandatory public notification in certain circumstances

(2)

Determine whether the application meets any of the criteria set out in subsection (3) and,—

(a)

if the answer is yes, publicly notify the application; and

(b)

if the answer is no, go to step 2.

(3)

The criteria for step 1 are as follows:

(a)

the applicant has requested that the application be publicly notified:

(b)

public notification is required under section 95C:

(c)

the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.

Step 2: if not required by step 1, public notification precluded in certain circumstances

(4)

Determine whether the application meets either of the criteria set out in subsection (5) and,—

(a)

if the answer is yes, go to step 4 (step 3 does not apply); and

(b)

if the answer is no, go to step 3.

(5)

The criteria for step 2 are as follows:

(a)

the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification:

(b)

the application is for a resource consent for 1 or more of the following, but no other, activities:

(i)

a controlled activity:

(ii)

a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity:

(iii)

a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity:

(iv)

a prescribed activity (see section 360H(1)(a)(i)).

(6)

In subsection (5), residential activity means an activity that requires resource consent under a regional or district plan and that is associated with the construction, alteration, or use of 1 or more dwellinghouses on land that, under a district plan, is intended to be used solely or principally for residential purposes.

Step 3: if not precluded by step 2, public notification required in certain circumstances

(7)

Determine whether the application meets either of the criteria set out in subsection (8) and,—

(a)

if the answer is yes, publicly notify the application; and

(b)

if the answer is no, go to step 4.

(8)

The criteria for step 3 are as follows:

(a)

the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification:

(b)

the consent authority decides, in accordance with section 95D, that the activity will have or is likely to have adverse effects on the environment that are more than minor.

Step 4: public notification in special circumstances

(9)

Determine whether special circumstances exist in relation to the application that warrant the application being publicly notified and,—

(a)

if the answer is yes, publicly notify the application; and

(b)

if the answer is no, do not publicly notify the application, but determine whether to give limited notification of the application under section 95B.

Section 95A: replaced, on 18 October 2017, by section 137 of the Resource Legislation Amendment Act 2017 (2017 No 15).