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Planning Bill

Planning consents - Notification, submissions, and hearings - Notification

128: Whether person is affected person

You could also call this:

"Who is an affected person in the Planning Bill?"

You will be called an affected person if the consent authority thinks the activity will have more than minor bad effects on you. The consent authority makes this decision for the purpose of section 125(2)(b)(ii) and (5). You are not an affected person if you have given written approval for the activity. You are also not an affected person if the consent authority thinks it is unreasonable for the applicant to ask for your approval. When deciding if the activity's bad effects on you are more than minor, the consent authority must ignore certain effects. The authority must consider every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 12. The consent authority's decision under subsection (1)(b) is more important than their decision under subsection (1)(a). The authority must follow these rules when deciding if you are an affected person. This is part of the proposed Planning Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1495682.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningHousing and property > Land use

127: Whether adverse effects likely to be more than minor, or

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"Who is in an affected group if their customary rights are at risk?"

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

128Whether person is affected person

For the purpose of section 125(2)(b)(ii) and (5),—
a person is an affected person if the consent authority decides that the activity’s adverse effects on the person are more than minor; but
a person is not an affected person if—
1. the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected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
2. the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.

Subsection (1)(b) prevails over subsection (1)(a).
When assessing whether an activity’s adverse effects on a person are more than minor under subsection (1)(a), the consent authority—
must disregard an adverse effect of the activity on the person if a rule in a land use plan or a national rule permits an activity with that effect; and
if the activity is a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule in a land use plan or a national rule has reserved discretion; and
must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 12.