Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Public notification and limited notification of applications

95D: Consent authority decides if adverse effects likely to be more than minor

You could also call this:

“The authority decides which effects on the environment are important when considering an activity.”

When you’re deciding if an activity will have big effects on the environment, you need to follow some rules. You shouldn’t think about how it affects people who own or live on the land where the activity is happening, or on land right next to it. You can ignore any bad effects if a rule says that activity is allowed. If it’s a restricted activity, you only need to think about the things the rules say you should. You shouldn’t worry about businesses competing with each other. And if someone has said in writing that they’re okay with it, you don’t need to think about how it affects them.

If you want to know more about when this applies, you can look at section 95A(8)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2416412.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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95C: Public notification of consent application after request for further information or report, or

“The council must tell everyone about a resource consent application if the applicant doesn't give more information or agree to a report when asked.”

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95E: Consent authority decides if person is affected person, or

“The people in charge decide who might be affected by someone's plans to use land or resources”

Part 6 Resource consents
Public notification and limited notification of applications

95DConsent authority decides if adverse effects likely to be more than minor

  1. A consent authority that is deciding, for the purpose of section 95A(8)(b), whether an activity will have or is likely to have adverse effects on the environment that are more than minor—

  2. must disregard any effects on persons who own or occupy—
    1. the land in, on, or over which the activity will occur; or
      1. any land adjacent to that land; and
      2. may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and
        1. in the case of a restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard restricts discretion; and
          1. must disregard trade competition and the effects of trade competition; and
            1. must disregard any effect on a person who has given written approval to the relevant application.

              Notes
              • Section 95D: inserted, on , by section 76 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 95D: amended, on , by section 139(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
              • Section 95D(c): amended, on , by section 139(2)(a) of the Resource Legislation Amendment Act 2017 (2017 No 15).
              • Section 95D(c): amended, on , by section 139(2)(b) of the Resource Legislation Amendment Act 2017 (2017 No 15).