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Natural Environment Bill

Natural resource permits - Consideration of application and decision

162: Applicant’s compliance history

You could also call this:

"How Well You Followed Rules in the Past"

Illustration for Natural Environment Bill

When you apply for a natural resource permit, the permit authority looks at your past. They check if you have had any abatement notices, enforcement orders, infringement notices, or convictions under this Act. They consider these things when deciding if you can have a permit. The permit authority checks your history from the past 7 years if you are a person. If you are a company, they check the history of the people who manage you. They also check the history of other companies managed by the same people. The permit authority can decline your application if you have not followed the rules. This happens if you have broken the rules many times or if you are still breaking them. They consider how long ago you broke the rules and what happened to you because of 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=LMS1521145.

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"What to consider when applying for a permit for stormwater networks"


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"Permits for land use can be refused or have conditions if natural hazards like floods or earthquakes are a risk."

Part 4Natural resource permits
Consideration of application and decision

162Applicant’s compliance history

  1. The permit authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act—

  2. received by the applicant, if the applicant is not a natural person:
    1. received by the applicant within the previous 7 years, if the applicant is a natural person:
      1. received, within the previous 7 years, by a director or person concerned with the management of the applicant, if the applicant is not a natural person.
        1. In addition, the permit authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act received within the previous 7 years by a person that—

        2. is not a natural person; and
          1. is not the applicant; but
            1. at the time that person received the abatement notice, enforcement order, infringement notice or conviction, was directed or managed by a person who is a director or person concerned with the management of the applicant.
              1. The permit authority may decline an application for a natural resource permit if the applicant has a record of significant non-compliance with a requirement of this Act—

              2. that is ongoing or repeated; and
                1. that, if the applicant is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the applicant is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years.