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Natural Environment Bill

Natural resource permits - Consideration of application and decision

156: Consideration of natural resource permit application

You could also call this:

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

Illustration for Natural Environment Bill

When you apply for a natural resource permit, the permit authority must think about some things. They must consider any bad effects on people or the natural environment. They also think about good effects and effects that add up over time. The permit authority looks at what you plan to do to avoid or fix any bad effects on the environment. They consider the natural environment plan and other important documents. If your application is for a certain type of activity, they think about the value of the investment or the effects of long-lived infrastructure. If the activity uses natural resources, the permit authority can think about any bad effects on resources and people. But if the activity has some restrictions, the permit authority can only consider certain things. This section also applies when the permit authority is looking at submissions on your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521140.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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"Things the permit authority must ignore when deciding your natural resource permit"

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Part 4Natural resource permits
Consideration of application and decision

156Consideration of natural resource permit application

  1. Subject to subsection (3), a permit authority must have regard to the following:

  2. any adverse effect on—
    1. a person, unless section 155(1)(a) applies:
      1. the natural environment:
      2. any effect that is—
        1. positive:
          1. cumulative:
          2. any measure proposed or agreed to by the applicant to avoid, remedy, minimise, offset, or compensate for, any adverse effects on the natural environment resulting or likely to result from the activity:
            1. any relevant provisions of—
              1. the natural environment plan or proposed plan:
                1. the regional spatial plan or proposed regional spatial plan, if the application is for an activity that is a discretionary activity:
                2. any relevant provisions of other key instruments in accordance with section 12:
                  1. any relevant matter specified in an action plan:
                    1. if the application is affected by section 181(a) (which applies section 164 of the Planning Act 2025), the value of the investment to the existing permit holder:
                      1. if the application is affected by section 181(a) (which applies section 164 of the Planning Act 2025) in relation to long-lived infrastructure, the effects of that infrastructure:
                        1. the matters specified in sections 157 to 164.

                          1. If the activity is a natural resource use activity, the permit authority may, in its discretion, consider any adverse effect of the activity on natural resources and people regardless of whether the natural environment plan or a national rule permits an activity with that effect.

                          2. However, if a natural resource permit application is for an activity that is a restricted discretionary activity, a permit authority may have regard to a matter only if discretion is reserved in relation to that matter by any of the following:

                          3. a natural environment plan or proposed natural environment plan:
                            1. a national rule:
                              1. a water services standard.

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