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Natural Environment Bill

Natural resource permits - Consideration of application and decision

165: Determination of natural resource permit

You could also call this:

"Deciding if you can have a natural resource permit"

Illustration for Natural Environment Bill

When you apply for a natural resource permit, the permit authority looks at your application. They can either say yes or no to your application. If they say yes, they can add conditions to the permit. If the permit authority says yes to a restricted discretionary activity, they can only add conditions for certain matters. For a discretionary activity, they follow the rules in section 169. The permit authority can decide what type of activity your application is for, even if it is different from what you said. The permit authority can say no to your application if they do not have enough information. When they decide if they have enough information, they think about whether you gave them more information when they asked for 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=LMS1521147.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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164: Matters for which permit must not be granted, or

"When You Can't Get a Permit to Use Natural Resources"

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166: Precautionary principle where information uncertain or inadequate, or

"Be careful with the environment when we're not sure what might happen"

Part 4Natural resource permits
Consideration of application and decision

165Determination of natural resource permit

  1. After considering an application for a natural resource permit, a permit authority may grant or refuse the application.

  2. If it grants the application, the permit authority may impose conditions on the natural resource permit,—

  3. for a restricted discretionary activity, only for those matters over which the natural environment plan, proposed natural environment plan, or a national rule has reserved discretion:
    1. for a discretionary activity, under section 169.

      1. A permit authority may grant a natural resource permit on the basis that the activity is a restricted discretionary activity or a discretionary activity regardless of what type of activity the application was expressed to be for.

      2. A permit authority may decline an application for a natural resource permit on the ground that it has inadequate information to determine the application.

      3. In making an assessment on the adequacy of the information, the permit authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being made available.