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Resource Management Act 1991

Resource consents - Public notification and limited notification of applications

95B: Limited notification of consent applications

You could also call this:

"Who gets told about your resource consent application?"

Illustration for Resource Management Act 1991

When you apply for a resource consent, the consent authority follows steps to decide if they should limit who they tell about your application. They check if there are any groups or people who might be affected by your application. They look at things like protected customary rights and statutory acknowledgements made under an Act specified in Schedule 11. If your application meets certain criteria, the authority will notify the affected groups and people. They determine who is an affected person under section 95E. The authority also checks if there are special circumstances that mean they should tell other people about your application. You can find more information about affected persons in section 95E. The authority will notify people who are affected by your application. They follow the rules set out in the Resource Management Act 1991 to decide who to notify and when.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2416410.

Topics:
Environment and resources > Town planningHousing and property > Land use
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95A: Public notification of consent applications, or

"Telling the Public About Resource Consent Applications"

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95C: Public notification of consent application after request for further information or report, or

"Telling the public about your resource consent application when you don't give extra information or agree to a report"

Part 6Resource consents
Public notification and limited notification of applications

95BLimited 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.

  2. Determine whether there are any—

  3. affected protected customary rights groups; or
    1. affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).

      1. Determine—

      2. 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
        1. whether the person to whom the statutory acknowledgement is made is an affected person under section 95E.

          1. Notify the application to each affected group identified under subsection (2) and each affected person identified under subsection (3).

          2. Determine whether the application meets either of the criteria set out in subsection (6) and,—

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

              1. The criteria for step 2 are as follows:

              2. 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:
                  1. a national environmental standard:
                    1. an infrastructure design solution:
                      1. a stormwater environmental performance standard:
                        1. a wastewater environmental performance standard:
                        2. the application is for a controlled activity (but no other activities) that requires a resource consent under a district plan (other than a subdivision of land).

                          1. In the case of a boundary activity, determine in accordance with section 95E whether an owner of an allotment with an infringed boundary is an affected person.

                          2. In the case of any other activity, determine whether a person is an affected person in accordance with section 95E.

                          3. Notify each affected person identified under subsections (7) and (8) of the application.

                          4. 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,—

                          5. if the answer is yes, notify those persons; and
                            1. if the answer is no, do not notify anyone else.

                              Notes
                              • Section 95B: replaced, on , by section 137 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 95B(6)(a): replaced, on , by section 79 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                              • Section 95B(6)(b): replaced, on , by section 34(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 95B(7): replaced, on , by section 34(2) of the Resource Management Amendment Act 2020 (2020 No 30).