95APublic 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.

2. Determine whether the application meets any of the criteria set out in subsection (3) and,—

3. if the answer is yes, publicly notify the application; and
4. if the answer is no, go to step 2.

5. The criteria for step 1 are as follows:

6. the applicant has requested that the application be publicly notified:
7. public notification is required under section 95C:
8. the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.

9. Determine whether the application meets either of the criteria set out in subsection (5) and,—

10. if the answer is yes, go to step 4 (step 3 does not apply); and
11. if the answer is no, go to step 3.

12. The criteria for step 2 are as follows:

13. the application is for a resource consent for 1 or more activities and public notification is precluded for each activity by 1 or more of the following:
    1. a rule:
    2. a national environmental standard:
    3. an infrastructure design solution:
    4. a stormwater environmental performance standard:
    5. a wastewater environmental performance standard:
14. the application is for a resource consent for 1 or more of the following, but no other, activities:
    1. a controlled activity:
    3. a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity.

15. Repealed

16. Determine whether the application meets either of the criteria set out in subsection (8) and,—

17. if the answer is yes, publicly notify the application; and
18. if the answer is no, go to step 4.

19. The criteria for step 3 are as follows:

20. 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:
21. 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.

22. Determine whether special circumstances exist in relation to the application that warrant the application being publicly notified and,—

23. if the answer is yes, publicly notify the application; and
24. if the answer is no, do not publicly notify the application, but determine whether to give limited notification of the application under section 95B.