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Resource Management Act 1991

Resource consents - Public notification and limited notification of applications

95E: Consent authority decides if person is affected person

You could also call this:

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

When someone applies for a resource consent, the consent authority decides if other people are affected by the activity. You are considered an affected person if the consent authority thinks the activity will have minor or more than minor negative effects on you.

When the consent authority is deciding if you’re affected, they can ignore negative effects that are already allowed by rules or national environmental standards. For controlled or restricted discretionary activities, they must ignore effects that aren’t related to what the rules or standards control or restrict. They also need to consider any relevant statutory acknowledgements.

You’re not considered an affected person if you’ve given written approval for the activity and haven’t taken it back before the consent authority makes its decision. You’re also not considered affected if the consent authority thinks it’s unreasonable for the applicant to ask for your written approval.

These rules about who is not considered an affected person are more important than the general rule about who is affected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2416413.

Topics:
Environment and resources > Land use
Environment and resources > Conservation
Government and voting > Local councils
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95D: Consent authority decides if adverse effects likely to be more than minor, or

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

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95F: Meaning of affected protected customary rights group, or

“This law explains when a group with special rights to use the sea and coast can be affected by someone else's activities in that area.”

Part 6 Resource consents
Public notification and limited notification of applications

95EConsent authority decides if person is affected person

  1. For the purpose of giving limited notification of an application for a resource consent for an activity to a person under section 95B(4) and (9) (as applicable), a person is an affected person if the consent authority decides that the activity's adverse effects on the person are minor or more than minor (but are not less than minor).

  2. The consent authority, in assessing an activity's adverse effects on a person for the purpose of this section,—

  3. may disregard an adverse effect of the activity on the person if a rule or a national environmental standard permits an activity with that effect; and
    1. must, if the activity is a controlled activity or a restricted discretionary activity, disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule or a national environmental standard reserves control or restricts discretion; and
      1. must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11.

        1. A person is not an affected person in relation to an application for a resource consent for an activity if—

        2. the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or
          1. the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.

            1. Subsection (3) prevails over subsection (1).

            Notes
            • Section 95E: replaced, on , by section 140 of the Resource Legislation Amendment Act 2017 (2017 No 15).