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Natural Environment Bill

Natural resource permits - Consideration of application and decision

163: Land use permit may be refused or granted with conditions if risk from natural hazards

You could also call this:

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

Illustration for Natural Environment Bill

If you want to use land in a certain way, you need a permit. The person who decides if you get a permit can say no or say yes with conditions if they think there's a big risk from natural hazards. They consider things like floods or earthquakes. If they say yes with conditions, those conditions must help avoid or fix problems caused by natural hazards. The conditions must also be the type that can be imposed under section 170. When deciding if there's a risk from natural hazards, they look at things like how likely it is that natural hazards will happen. They also think about how much damage natural hazards could cause to the land, buildings, or environment. They consider if your planned use of the land would make things worse or cause more damage. But if you want to use the land for farming or something similar, this rule does not apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525123.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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162: Applicant’s compliance history, or

"How Well You Followed Rules in the Past"

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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"

Part 4Natural resource permits
Consideration of application and decision

163Land use permit may be refused or granted with conditions if risk from natural hazards

  1. A permit authority may refuse to grant a land use permit, or may grant a land use permit subject to conditions, if it considers that there is a significant risk from natural hazards.

  2. Conditions imposed under subsection (1) must be—

  3. for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
    1. of a type that could be imposed under section 170.

      1. For the purposes of subsection (1), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:

      2. the likelihood of natural hazards occurring (whether individually or in combination):
        1. the material damage to land, structures, or the natural environment that would result from natural hazards:
          1. whether the proposed use of the land would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b):
            1. whether the proposed use of the land would result in adverse effects on natural resources or people.

              1. Subsection (1) does not apply to land use permits if the use of the land for which the permit is sought is a primary production activity, as described in the national standards.