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.
137 Sections 95 to 95B replaced

Replace sections 95 to 95B with:

95 Time limit for public notification or limited notification

(1)

A consent authority must, within the time limit specified in subsection (2),—

(a)

decide, in accordance with sections 95A and 95B, whether to give public or limited notification of an application for a resource consent; and

(b)

notify the application if it decides to do so.

(2)

The time limit is,—

(a)

in the case of a fast-track application, 10 working days after the day the application is first lodged; and

(b)

in the case of any other application, 20 working days after the day the application is first lodged.

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.

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.