Plain language law

New Zealand law explained for everyone

Plain Language Law homepage
130: Public notification, submissions, and hearing, etc
or “Rules for telling people about changes to resource consents, hearing what they think, and deciding what to do”

You could also call this:

“Things to think about when looking at permission rules again”

When a consent authority reviews the conditions of a resource consent, they must consider several things. They need to look at the matters in section 104 and think about whether the activity allowed by the consent will still be workable after any changes. If a court ordered the review, the authority must consider the reasons the court gave for this order. They may also think about how the consent has been used in the past.

For discharge permits or coastal permits that involve discharging contaminants, the authority might want to add a condition. This condition would require the permit holder to use the best practical option to lessen or remove any bad effects on the environment. Before adding this condition, the authority needs to be sure it’s the most efficient and effective way to deal with the problem. They’ll think about the type of discharge and where it’s going, how much it will cost the applicant, and if there are other options like setting minimum quality standards for the receiving environment.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.


Next up: 132: Decisions on review of consent conditions

or “The law explains how and when the rules for using natural resources can be changed or cancelled.”

Part 6 Resource consents
Review of consent conditions by consent authority

131Matters to be considered in review

  1. When reviewing the conditions of a resource consent, the consent authority

  2. shall have regard to the matters in section 104 and to whether the activity allowed by the consent will continue to be viable after the change; and
    1. in the case of a review under section 128(2), must have regard to any reasons that the court provided for making the order requiring the review; and
      1. may have regard to the manner in which the consent has been used.
        1. Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 (relating to the discharge of contaminants) or 15B to include a condition requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on the environment, the consent authority shall be satisfied, in the particular circumstances and having regard to—

        2. the nature of the discharge and the receiving environment; and
          1. the financial implications for the applicant of including that condition; and
            1. other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment—
              1. that including that condition is the most efficient and effective means of removing or reducing that adverse effect.

              Notes
              • Section 131(1): amended, on , by section 97(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 131(1)(aa): inserted, on , by section 97(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 131(2): amended, on , by section 31 of the Resource Management Amendment Act 1997 (1997 No 104).