2Information required in application for natural resource permit Empowered by s 130
1Information must be specified in sufficient detail
Information included in an application for a natural resource permit must—
- be sufficiently detailed and adequate to enable the permit authority to undertake its assessment; and
- be proportionate to the scale and significance of the activity.
2Information required in all applications
An application for a natural resource permit for an activity (the activity) must include the following:
- the full name and address of the applicant:
- the full name and address of each owner or occupier of the site at which the activity is to occur (if different from the applicant):
- a description of the activity:
- a description of the site at which the activity is to occur:
- a description of any other activities that are part of the proposal to which the application relates:
- a description of any other natural resource permits or planning consents required for the proposal to which the application relates.
An application must include an assessment of the activity against—
- any relevant provisions of the plan or proposed plan or national rule; and
- any relevant provisions of other key instruments if, and only to the extent that, the matter is not addressed by the plan or proposed plan or national rule.
An application must include an assessment of the activity’s effects on the environment that includes the information required by clause 5.
3Additional information required in some applications
An application must also include any of the following that apply:
- if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a natural resource permit is not required for that activity under clause 10(2) of Schedule 5):
- if the application is affected by section 181(a) (which relate to existing natural resource permits), an assessment of the value of the investment of the existing permit holder (for the purposes of section 156(1)(g) or (h)):
- if the activity is to occur in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 159).
4Additional information required in application for reclamation
An application for a natural resource permit for a reclamation must also include information to show the area to be reclaimed, including the following:
- the location of the area:
- if practicable, the position of all new boundaries:
- any part of the area to be set aside as an esplanade reserve or esplanade strip.
5Information required in assessment of environmental effects
Information included in an assessment of environmental effects under clause 2(3)—
- need only address a matter to the extent that the information is relevant to the provisions of a plan or proposed plan or national rule; and
- must include detail proportionate to the scale and significance of the activity.
Subject to subclause (1), an assessment of the activity’s effects on the environment must include the following information:
- if it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity:
- an assessment of the actual or potential effect on the environment of the activity:
- if the activity includes the use of hazardous installations, an assessment of any risks to the environment that are likely to arise from such use:
- a description of how any adverse effects on the environment will be—
- avoided, minimised, or remedied, where practicable:
- offset or compensated for, where appropriate:
- avoided, minimised, or remedied, where practicable:
- if the activity includes the discharge of any contaminant, a description of—
- the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
- any possible alternative methods of discharge, including discharge into any other receiving environment:
- the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
- a description of how the activity will comply with any relevant environmental limits:
- identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted:
- if the scale and significance of the activity’s effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved:
- if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group).
To avoid doubt, subclause (2)(g) obliges an applicant to identify the persons affected by the proposal, but does not—
- oblige the applicant to consult any person; or
- create any ground for expecting that the applicant will consult any person.