Resource Management Act 1991

95B Limited 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 give limited notification of an application for a resource consent, if the application is not publicly notified under section 95A.

Step 1: certain affected groups and affected persons must be notified

(2)

Determine whether there are any—

(a)

affected protected customary rights groups; or

(b)

affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).

(3)

Determine—

(a)

whether the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement made in accordance with an Act specified in Schedule 11; and

(b)

whether the person to whom the statutory acknowledgement is made is an affected person under section 95E.

(4)

Notify the application to each affected group identified under subsection (2) and each affected person identified under subsection (3).

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

(5)

Determine whether the application meets either of the criteria set out in subsection (6) 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.

(6)

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 limited notification:

(b)

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

(i)

a controlled activity that requires consent under a district plan (other than a subdivision of land):

(ii)

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

Step 3: if not precluded by step 2, certain other affected persons must be notified

(7)

Determine whether, in accordance with section 95E, the following persons are affected persons:

(a)

in the case of a boundary activity, an owner of an allotment with an infringed boundary; and

(b)

in the case of any activity prescribed under section 360H(1)(b), a prescribed person in respect of the proposed activity.

(8)

In the case of any other activity, determine whether a person is an affected person in accordance with section 95E.

(9)

Notify each affected person identified under subsections (7) and (8) of the application.

Step 4: further notification in special circumstances

(10)

Determine whether special circumstances exist in relation to the application that warrant notification of the application to any other persons not already determined to be eligible for limited notification under this section (excluding persons assessed under section 95E as not being affected persons), and,—

(a)

if the answer is yes, notify those persons; and

(b)

if the answer is no, do not notify anyone else.

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