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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Process if related matter already subject to direction to refer to board of inquiry or court

149ZCF: Minister to decide if person is affected person

You could also call this:

“The Minister decides who is affected by an activity based on how much it impacts them”

You need to know about how the Minister decides if someone is affected by an activity. The Minister will say you’re affected if the activity has minor or more than minor bad effects on you.

When the Minister makes this decision, they might ignore some bad effects if a rule or national standard allows the activity. For controlled or restricted activities, they must ignore bad effects that aren’t related to what the rules control. The Minister must also think about any important acknowledgements made in the laws listed in Schedule 11.

Even if there are bad effects, the Minister will decide you’re not affected if you’ve already said in writing that you’re okay with the activity. They’ll also say you’re not affected if it doesn’t make sense to ask for your approval.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471379.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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149ZCE: Minister to decide if adverse effects likely to be more than minor, or

“The Minister decides if an activity will have a big impact on the environment, ignoring some effects.”

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“The person asking for something must pay for the work done to process their request.”

Part 6AA Proposals of national significance
Miscellaneous provisions: Process if related matter already subject to direction to refer to board of inquiry or court

149ZCFMinister to decide if person is affected person

  1. The Minister must decide that a person is an affected person, in relation to an activity, if the adverse effects of the activity on the person are minor or more than minor (but are not less than minor).

  2. The Minister, in making his or her decision,—

  3. may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and
    1. in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the activity does not relate to a matter for which a rule or 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. Despite anything else in this section, the Minister must decide that a person is not an affected person if—

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

            Notes
            • Section 149ZCF: inserted, on , by section 154 of the Resource Legislation Amendment Act 2017 (2017 No 15).