Resource Legislation Amendment Act 2017

  • not the latest version
  • Corrections have been made to section 19(2) and section 268 on 21 April 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
135 New sections 87BA and 87BB inserted

After section 87B, insert:

87BA Boundary activities approved by neighbours on infringed boundaries are permitted activities

(1)

A boundary activity is a permitted activity if—

(a)

the person proposing to undertake the activity provides to the consent authority—

(i)

a description of the activity; and

(ii)

a plan (drawn to scale) of the site at which the activity is to occur, showing the height, shape, and location on the site of the proposed activity; and

(iii)

the full name and address of each owner of the site; and

(iv)

the full name and address of each owner of an allotment with an infringed boundary; and

(b)

each owner of an allotment with an infringed boundary—

(i)

gives written approval for the activity; and

(ii)

signs the plan referred to in paragraph (a)(ii); and

(c)

the consent authority notifies the person proposing to undertake the activity that the activity is a permitted activity.

(2)

If a person proposing to undertake an activity provides information to a consent authority under this section, the consent authority must,—

(a)

if subsection (1)(a) and (b) are satisfied, give a notice under subsection (1)(c); or

(b)

if subsection (1)(a) and (b) are not satisfied, notify the person of that fact and return the information to the person.

(3)

The consent authority must take the appropriate action under subsection (2) within 10 working days after the date on which it receives the information it needs to make a decision under subsection (2)(a) or (b).

(4)

A notice given under this section must be in writing.

(5)

If a person has submitted an application for a resource consent for a boundary activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.

(6)

A notice given under subsection (1)(c) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.

87BB Activities meeting certain requirements are permitted activities

(1)

An activity is a permitted activity if—

(a)

the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, regulations (including any national environmental standard), a plan, or a proposed plan; and

(b)

any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and

(c)

any adverse effects of the activity on a person are less than minor; and

(d)

the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity.

(2)

A consent authority may give a notice under subsection (1)(d)—

(a)

after receiving an application for a resource consent for the activity; or

(b)

on its own initiative.

(3)

The notice must be in writing and must include—

(a)

a description of the activity; and

(b)

details of the site at which the activity is to occur; and

(c)

the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision.

(4)

If a person has submitted an application for a resource consent for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.

(5)

A notice given under subsection (1)(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.