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Natural Environment Bill

Natural resource permits - Conditions and other requirements for decisions - Conditions of natural resource permits

168: General requirements before conditions may be included

You could also call this:

"Rules for adding conditions to a natural resource permit"

Illustration for Natural Environment Bill

When you apply for a natural resource permit, the permit authority can add conditions to it. They must be satisfied that certain requirements are met before adding any conditions. You must agree to the condition and it must help create positive effects or avoid, minimise, remedy, offset, or provide compensation for any adverse effects. The condition must also be directly connected to a relevant provision in the natural environment plan, national rule, or water services standard. Alternatively, it can relate to administrative matters that are essential for the permit to work efficiently. The permit authority cannot add a condition that goes against a water services standard. This section does not affect other parts of the law, such as the meaning of a rule or the rules for land use permits and natural hazards. A provision is considered applicable if it is one of the reasons a natural resource permit is needed for an activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521150.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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167: Permit authority may grant application with adaptive management approach, or

"Permit authority can approve a project with conditions to test and adapt its environmental impact"

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169: Particular conditions that may be included in natural resource permits, or

"Rules that can be added to permits to protect the environment"

Part 4Natural resource permits
Conditions and other requirements for decisions: Conditions of natural resource permits

168General requirements before conditions may be included

  1. When granting a natural resource permit, the permit authority may include any condition it considers appropriate after being satisfied that—

  2. subsections (2) and (3) are complied with; and
    1. any requirements in section section 169 for particular permits or conditions are complied with.

      1. A permit authority must not include a condition unless—

      2. the applicant has agreed to the condition and the condition contains measures in order to—
        1. give rise to positive effects; or
          1. avoid, minimise, remedy, offset, or provide compensation for, any adverse effects; or
          2. the condition is directly connected to—
            1. an applicable provision in the natural environment plan or national rule; or
              1. a water services standard; or
              2. the condition relates to administrative matters that are essential for the efficient implementation of the natural resource permit.

                1. A permit authority must not include a condition that is contrary to a water services standard.

                2. This section does not limit section 31 (meaning of rule) or section 163 (land use permit may be refused or granted with conditions if risk from natural hazards).

                3. For the purpose of subsection (2)(b)(i), a provision is applicable if the application of the provision to the activity is the reason, or one of the reasons, that a natural resource permit is required for the activity.