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:

"Does a project's bad effects on the environment matter?"

When you are deciding if an activity will hurt the environment, you need to think about the effects it will have. You must ignore any effects on people who own or live on the land where the activity will happen, or on the land next to it. You can also ignore an effect if a rule or national environmental standard says it is okay.

You have to ignore effects that do not matter for a restricted discretionary activity, and you must ignore trade competition and its effects. You must also ignore any effect on a person who has given written approval to the application, as stated in section 95A(8)(b). This helps you decide if the activity's adverse effects are more than minor.

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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=DLM2416412.


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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"


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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 6Resource 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).