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Natural Environment Bill

Natural resource permits - Applying for natural resource permit - General requirements

131: Activity classification to remain the same

You could also call this:

"Old rules apply if they change while you're waiting for a permit"

Illustration for Natural Environment Bill

You are applying for a natural resource permit under section 130. If the rules about your activity change after you apply, the new rules do not apply to you. You will be treated as if the old rules still apply. You lodged your application, and now the activity classification has changed. This change happened because of a new natural environment plan or a decision made under clause 27 of Schedule 3 of the Planning Act 2025. Your application will still be processed with the old activity classification. This rule does not change what happens when your application is considered under section 156. You will still need to follow the relevant natural environment plan rules that exist when your application is considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521097.

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Part 4Natural resource permits
Applying for natural resource permit: General requirements

131Activity classification to remain the same

  1. This section applies if—

  2. an application for a natural resource permit has been lodged under section 130; and
    1. the activity classification of the activity (being restricted discretionary or discretionary) is altered after the application was first lodged as a result of—
      1. a proposed natural environment plan provision being notified; or
        1. a decision being made under clause 27 of Schedule 3 of the Planning Act 2025 (as applied by section 94 of this Act); or
          1. any other matter.
          2. The application must continue to be processed, considered, and decided as if the activity had the same activity classification that it had when the application was first lodged.

          3. This section does not affect a requirement in section 156 to have regard to any relevant provision of a natural environment plan or proposed natural environment plan that exists when the application is considered.