Housing Accords and Special Housing Areas Act 2013

29 Authorised agency may notify application to certain persons only

(1)

An authorised agency must not notify, or hold a hearing in relation to, an application for a resource consent made under section 25, except as provided in subsections (3) to (5).

(2)

Subsection (1) applies despite anything to the contrary in any other enactment, rule, national environmental standard, or other document.

(3)

The authorised agency may notify the application to the following persons if, in each case, the person has not given prior written approval to the activity:

(a)

the owners of the land adjacent to the land subject to the application; and

(b)

the local authorities in whose district or region the land subject to the application falls; and

(c)

any infrastructure providers who have assets on, under, or over the land subject to the application or the land adjacent to that land; and

(d)

if the land subject to the application or land adjacent to that land is subject to a designation, the requiring authority that required the designation.

(4)

The authorised agency must, within 10 working days after the date that the application is first lodged,—

(a)

decide whether to notify the application to any of the persons referred to in subsection (3); and

(b)

notify the application to those persons if it decides to do so.

(5)

Despite subsection (3), an authorised agency must not notify, or hold a hearing in relation to, an application for a resource consent made under this Act if, were that application to be made under the Resource Management Act 1991, that Act, or regulations made under that Act, would direct that the activity that is the subject of the application not be notified.

(6)

A notice under subsection (4) must—

(a)

state that the recipients may make submissions on the application to the authorised agency within 20 working days from the date of the notice; and

(b)

state the closing date for submissions and the address for service of the authorised agency; and

(c)

request that those who make submissions indicate whether they wish to be heard.

(7)

A person may only make a submission if that person is notified under subsection (4).

(8)

The authorised agency must, as soon as is reasonably practicable, send copies of all submissions made on the application to the applicant.

(9)

A submission must be served on the authorised agency on or before the closing date for submissions.

(10)

A submission may state whether it—

(a)

supports the application; or

(b)

opposes the application; or

(c)

is neutral.

(11)

Any submission made after the closing date must not be considered by the authorised agency.

(12)

For concurrent applications, this section and sections 30 to 42 are subject to the notification, hearing, and decision requirements in subpart 3.