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Planning Bill

Planning consents - Notification, submissions, and hearings - Notification

125: Notification requirements if section 124 does not apply

You could also call this:

"Notifying people about planning applications when it's not automatic"

Illustration for Planning Bill

If you apply for a planning consent and it's not publicly notified under section 124, this section applies. You need to know if there are any affected protected customary rights groups or affected customary marine title groups. The consent authority must also check if the activity affects land with a statutory acknowledgement made under Schedule 12. The consent authority must notify the application to each affected group and person, unless subsection 7 applies. They must also determine if the activity will have adverse effects on the built environment that are more than minor, following section 127. If the effects are more than minor, the consent authority must find out if there are affected persons and if they can be identified. If all affected persons can be identified, the consent authority must notify them directly and not publicly notify the application. But if the activity has more than minor adverse effects and there are no affected persons, or they can't be identified, the consent authority must publicly notify the application. However, subsections 4 to 7 don't apply if a land use plan or other rules preclude notification for the activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1495437.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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124: Mandatory public notification in some circumstances, or

"When to Tell the Public About Planning Applications"

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Part 4Planning consents
Notification, submissions, and hearings: Notification

125Notification requirements if section 124 does not apply

  1. This section applies if an application for a planning consent is not publicly notified under section 124.

  2. A consent authority must determine—

  3. whether there are any—
    1. affected protected customary rights groups; or
      1. affected customary marine title groups (in the case of an application for a planning consent for an accommodated activity); and
      2. whether—
        1. 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 12; and
          1. the person to whom the statutory acknowledgement is made is an affected person under section 128.

          2. The consent authority must notify the application to each affected group and each affected person identified under subsection (2), unless subsection (7) applies.

          3. A consent authority must determine whether the activity will have or is likely to have adverse effects on the built environment that are more than minor, in accordance with section 127.

          4. If the consent authority determines that the activity will have or is likely to have adverse effects on the built environment that are more than minor, the consent authority must also determine—

          5. whether there are affected persons, in accordance with section 128; and
            1. whether all affected persons can be identified.

              1. If all affected persons can be identified under subsection (5), the consent authority—

              2. must notify those persons of the application (targeted notification); and
                1. must not publicly notify the application.

                  1. A consent authority must publicly notify the application if—

                  2. the activity will have or is likely to have adverse effects on the built environment that are more than minor; and
                    1. either—
                      1. there are no affected persons; or
                        1. it is not possible, or it is impractical, to identify all affected persons under subsection (5).

                        2. However, subsections (4) to (7) do not apply if a land use plan, national rule, or water services standard precludes notification in relation to the activity or activities to which the application relates.