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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Change or cancellation of permit condition on application by permit holder

185: Change or cancellation of permit condition on application by permit holder

You could also call this:

"Changing or Cancelling a Permit Condition"

Illustration for Natural Environment Bill

You can ask to change or cancel a condition of your permit. You do this by applying to the permit authority. They will look at your application. You cannot ask to change or cancel a condition that affects how long your permit lasts. The rules for applying for a new permit also apply to your application, but with some changes. This means you are treated as if you are applying for a new permit, but only for the change or cancellation you are asking for. If your permit is for aquaculture in the coastal marine area, you might not need an aquaculture decision. This is if you are only changing or cancelling a condition, and not changing a specific type of condition. You can find out more about these specific conditions in section 186H(3) of the Fisheries Act 1996. When the permit authority looks at your application, they must think about who might be affected by the change or cancellation. They will consider people who made a submission when you first applied for the permit. They will also think about people who might be affected by the change or cancellation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525532.

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Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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184: Applications by person who is not existing permit holder, or

"Applying for a permit when you don't already have one"

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186: Circumstances when permit conditions can be reviewed, or

"When permit conditions can be changed or checked"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Change or cancellation of permit condition on application by permit holder

185Change or cancellation of permit condition on application by permit holder

  1. A permit holder may apply to a permit authority for a change or cancellation of a condition of the permit.

  2. However, no permit holder may apply for a change or cancellation of a condition that relates to the duration of the permit.

  3. Subparts 1 to 5 of this Part apply, with all necessary modifications, as if—

  4. the application were an application for a natural resource permit for a discretionary activity; and
    1. the references to a natural resource permit and to the activity were references only to—
      1. the change or cancellation of a condition; and
        1. the effects of that change or cancellation.

        2. If the natural resource permit is a coastal permit authorising aquaculture activities in the coastal marine area, an aquaculture decision is not required if the application—

        3. proposes to change or cancel a condition of the permit; but
          1. does not propose to change or cancel a condition specified under section 186H(3) of the Fisheries Act 1996.

            1. Subsection (3)(a) does not apply if—

            2. the application relates to an aquaculture activity; and
              1. a rule—
                1. applies to applications of that kind; and
                  1. states that an application by a permit holder to change or cancel permit conditions must be treated as an application for a natural resource permit for a restricted discretionary activity.

                  2. For the purposes of determining who is adversely affected by the change or cancellation, the permit authority must consider, in particular, every person who—

                  3. made a submission on the original application; and
                    1. may be affected by the change or cancellation.