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Planning Bill

Key roles - Functions and powers of central and local government - Functions, powers, and responsibilities of territorial authorities

190: Provision of relevant information to post-settlement governance entity

You could also call this:

"Telling post-settlement groups about consent applications"

Illustration for Planning Bill

If a consent authority has to give information about a consent application to a post-settlement governance entity, you need to know what happens. The consent authority must give the post-settlement governance entity relevant information about the application. This information includes a summary of the application or a copy of a notice. The summary is like the one given to an affected person under section 125. The consent authority must give the post-settlement governance entity the summary as soon as possible after getting the application. They must do this before deciding whether to notify the application. The post-settlement governance entity can choose not to get the summary or notice by sending a written notice to the consent authority. This section does not change the consent authority's obligations to decide whether to notify an application under sections 123 and 128. The consent authority must also give the post-settlement governance entity a copy of the notice within 10 working days of getting it. In this section, legislation means what is defined in section 5 of the Legislation Act 2019 and includes any enactment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1553005.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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Part 5Key roles
Functions and powers of central and local government: Functions, powers, and responsibilities of territorial authorities

190Provision of relevant information to post-settlement governance entity

  1. This section applies if—

  2. a consent authority is or was required by legislation to provide relevant information relating to a consent application for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; but
    1. the requirement no longer applies (for example, because the period specified in the legislation has expired).

      1. The consent authority must provide the post-settlement governance entity with relevant information relating to a consent application.

      2. In this section, relevant information means the following information relating to an application for an activity with, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:

      3. a summary of the application, if the application is received by the consent authority; or
        1. a copy of the notice, if a notice is served on the consent authority under this section.

          1. The summary must be the same as would be given to an affected person under section 125 as may be agreed between the post-settlement governance entity and the consent authority.

          2. A consent authority must provide the post-settlement governance entity—

          3. with the summary—
            1. as soon as reasonably practicable after the consent authority receives the application for the permit; but
              1. before the relevant consent authority decides under section 123 whether to notify the application; and
              2. with a copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.

                1. The post-settlement governance entity may, by written notice to the consent authority,—

                2. waive the right to be provided with the summary or copy of the notice; and
                  1. state the scope of that waiver and the period it applies for.

                    1. This section does not affect the obligations of the consent authority to decide,—

                    2. under section 123, whether to notify an application:
                      1. under section 128, whether the post-settlement governance entity is an affected person in relation to an activity.

                        1. In this section, legislation has the meaning given in section 5 of the Legislation Act 2019 and includes any enactment.