Schedule 4
Assessment of effects on the environment

s 88, Schedule 1

  • Schedule 4 heading: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

1 Matters that should be included in an assessment of effects on the environment
  • Subject to the provisions of any policy statement or plan, an assessment of effects on the environment for the purposes of section 88 should include—

    • (a) a description of the proposal:

    • (b) where it is likely that an activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity:

    • (c) [Repealed]

    • (d) an assessment of the actual or potential effect on the environment of the proposed activity:

    • (e) where the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment which are likely to arise from such use:

    • (f) where the activity includes the discharge of any contaminant, a description of—

      • (i) the nature of the discharge and the sensitivity of the proposed receiving environment to adverse effects; and

      • (ii) any possible alternative methods of discharge, including discharge into any other receiving environment:

    • (g) a description of the mitigation measures (safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect:

    • (h) identification of the persons affected by the proposal, the consultation undertaken, if any, and any response to the views of any person consulted:

    • (i) where the scale or significance of the activity's effect are such that monitoring is required, a description of how, once the proposal is approved, effects will be monitored and by whom.

    Schedule 4 clause 1: amended, on 1 August 2003, by section 94(a) of the Resource Management Amendment Act 2003 (2003 No 23).

    Schedule 4 clause 1(c): repealed, on 7 July 1993, by section 225 of the Resource Management Amendment Act 1993 (1993 No 65).

    Schedule 4 clause 1(h): substituted, on 10 August 2005, by section 129(2) of the Resource Management Amendment Act 2005 (2005 No 87).

1AA
  • To avoid doubt, clause 1(h) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not—

    • (a) oblige the applicant to consult with any person; or

    • (b) create any ground for expecting that the applicant will consult with any person.

    Schedule 4 clause 1AA: inserted, on 10 August 2005, by section 129(3) of the Resource Management Amendment Act 2005 (2005 No 87).

1A Matters to be included in assessment of effects on environment
  • An assessment of effects on the environment for the purposes of section 88 must include, in a case where the activity for which a resource consent is sought will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the proposed activity (unless written approval for the proposed activity is given by the protected customary rights group).

    Schedule 4 clause 1A: substituted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

2 Matters that should be considered when preparing an assessment of effects on the environment
  • Subject to the provisions of any policy statement or plan, any person preparing an assessment of the effects on the environment should consider the following matters:

    • (a) any effect on those in the neighbourhood and, where relevant, the wider community including any socio-economic and cultural effects:

    • (b) any physical effect on the locality, including any landscape and visual effects:

    • (c) any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity:

    • (d) any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural, or other special value for present or future generations:

    • (e) any discharge of contaminants into the environment, including any unreasonable emission of noise and options for the treatment and disposal of contaminants:

    • (f) any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations.