Resource Management (Forms, Fees, and Procedure) Regulations 2003 (SR 2003/153) (as at 07 May 2009)

Regulation by clause

10 Service of applications for resource consents or for review of conditions
  • (1) This regulation applies if a consent authority is required to serve notice of the following on prescribed persons in accordance with section 93(2) or section 94C of the Act:

    • (a) an application for a resource consent, or for a change or cancellation of a resource consent condition:

    • (b) an application for a transfer of a water permit:

    • (c) a review of resource consent conditions.

    (2) The consent authority must serve that notice on—

    • (a) every person who, in the opinion of the consent authority, may be adversely affected by the granting of the application or by the review:

    • (b) every person, other than the applicant, who the consent authority knows is an owner or occupier of land to which the application or review relates:

    • (c) the regional council or territorial authority for the region or district to which the application or review relates:

    • (d) any other iwi authorities, local authorities, persons, or bodies that the consent authority considers should have notice of the application or review:

    • (e) the Minister of Conservation, if the application or review relates to an activity in a coastal marine area or on land that adjoins a coastal marine area:

    • (f) the Minister of Fisheries, the Minister of Conservation, and the relevant Fish and Game Council, if an application relates to fish farming (as defined in the Fisheries Act 1996) other than in the coastal marine area:

    • (g) the New Zealand Historic Places Trust, if the application or review—

      • (i) relates to land that is subject to a heritage order or a requirement for a heritage order or that is otherwise identified in the plan or proposed plan as having heritage value; or

      • (ii) affects any historic place, historic area, wahi tapu, or wahi tapu area registered under the Historic Places Act 1993:

    • (h) the holder of a customary rights order who, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions:

    • (i) Transpower New Zealand, if the application or review may affect the national grid.

    (3) For the purposes of subclause (2)(a), a consent authority must have regard to a statutory acknowledgement (within the meaning of an Act specified in Schedule 11 of the Act) in accordance with the provisions of the relevant Act.

    (4) For the purposes of subclause (2)(i), national grid has the same meaning as in section 2 of the Electricity Act 1992.

    Regulation 10(2)(f): substituted, on 1 January 2005, by section 34 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Regulation 10(2)(h): added, on 17 January 2005, by section 39 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Regulation 10(2)(i): added, on 11 January 2007, by regulation 4(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations (No 2) 2006 (SR 2006/376).

    Regulation 10(4): added, on 11 January 2007, by regulation 4(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations (No 2) 2006 (SR 2006/376).