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Natural Environment Bill

Natural resource permits - Consideration of application and decision

155: Matters that permit authority must disregard

You could also call this:

"Things the permit authority must ignore when deciding your natural resource permit"

Illustration for Natural Environment Bill

When you apply for a natural resource permit, the permit authority must not think about some things. You should know that they must not consider how the activity affects someone who has given written approval. They also must not think about the bad effects on the environment if a plan or rule already allows those effects, as stated in sections 156(2). The permit authority must not consider some matters if the activity is restricted, and a plan or rule has not said they can make a decision about it. They must not think about trade competition when deciding on your permit application. You can also look at section 12 for more information about what the permit authority must do when considering your application. If someone who gave approval changes their mind, they can withdraw it in writing before a hearing or decision, and the permit authority will then consider the effects on them. This rule applies when the permit authority is looking at your application and any submissions people have made about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521139.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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154: Application of this subpart, or

"How the rules apply when someone asks for a natural resource permit"

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156: Consideration of natural resource permit application, or

"Checking a natural resource permit application to protect people and the environment"

Part 4Natural resource permits
Consideration of application and decision

155Matters that permit authority must disregard

  1. A permit authority must not have regard to—

  2. any effect on a person who has given written approval to the application:
    1. any adverse effect of the activity on the natural environment if the natural environment plan or a national rule permits an activity with that effect, subject to sections 156(2):
      1. if the activity is a restricted discretionary activity, any matter in relation to which the natural environment plan, proposed natural environment plan, a national rule, or a water services standard has not reserved discretion:
        1. trade competition or the effects of trade competition.

          1. See also section 12, which applies to a permit authority when considering a natural resource permit application.

          2. Subsection (1)(a) does not apply if the person withdraws their approval by written notice received by the permit authority before the hearing or, if there is no hearing, before the application is determined.

          3. This section also applies to a permit authority considering any submissions on the application.