Resource Management (Forms, Fees, and Procedure) Regulations 2003 (SR 2003/153) (as at 01 April 2011)

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 paragraph (b) of the definition of public notification in section 2AA(2):

    • (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 or a discharge 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, is an affected person within the meaning of section 95E in relation to the activity that is the subject of the application or 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) a protected customary rights group that, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions:

    • (ha) a customary marine title group that, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent for an accommodated activity:

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

    (3) [Revoked]

    (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(1): amended, on 1 November 2010, by regulation 6(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

    Regulation 10(1)(b): amended, on 1 November 2010, by regulation 6(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

    Regulation 10(2)(a): substituted, on 1 November 2010, by regulation 6(3) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

    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)(h): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Regulation 10(2)(ha): inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    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(3): revoked, on 1 November 2010, by regulation 6(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

    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).