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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Review of permit conditions by permit authority

186: Circumstances when permit conditions can be reviewed

You could also call this:

"When permit conditions can be changed or checked"

Illustration for Natural Environment Bill

You can have the conditions of your natural resource permit reviewed. This can happen at times specified in the permit or for certain reasons. The permit authority will serve you notice of their intention to review the conditions. You might get this notice if you have not followed the conditions of your permit. The permit authority can also review the conditions if national standards have been made or if a relevant national rule applies. They can review the conditions if a natural environment plan has rules about water or air quality. The permit authority must serve you notice if the Environment Court orders them to. If more than one permit is affected by a rule, the permit authority can review the conditions of those permits together. They must notify the Ministry if they intend to review a condition of a coastal permit for an aquaculture activity. The permit authority will follow certain rules when reviewing the conditions of your permit. They must serve you notice and follow the process set out in the legislation. This is part of the proposed Natural Environment Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525534.

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Environment and resources > ConservationEnvironment and resources > Town planningBusiness > Industry rules
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185: Change or cancellation of permit condition on application by permit holder, or

"Changing or Cancelling a Permit Condition"

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187: Notice of review, or

"Getting a notice when permit conditions are being checked and changed"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Review of permit conditions by permit authority

186Circumstances when permit conditions can be reviewed

  1. A permit authority may, in accordance with section 187, serve notice on a permit holder of its intention to review the conditions of a natural resource permit—

  2. at any time or times specified in the permit for any of the following purposes:
    1. to deal with any adverse effect on natural resources or people which may arise from the exercise of the permit and which it is appropriate to deal with at a later stage; or
      1. to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 21 or 23 to adopt the best practicable option to remove or reduce any adverse effect on natural resources or people; or
        1. for any other purpose specified in the permit; or
        2. if the permit authority determines that the holder of the permit has contravened a condition of the permit; or
          1. when relevant national standards have been made; or
            1. in the case of a land use permit, in relation to a relevant national rule; or
              1. if—
                1. a natural environment plan contains a rule that relates to maximum or minimum flows, levels, and volumes, or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, and
                  1. the rule has been made operative; and
                    1. the regional council considers that it is appropriate to review the conditions of the permit or permit in order to enable the levels, flows, rates, or standards set by the rule to be met; or
                    2. if the information made available to the permit authority by the applicant for the permit for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the permit are such that it is necessary to apply more appropriate conditions; or
                      1. if the review is part of a review carried out under subsection (3).

                        1. A permit authority must, in accordance with section 186, serve notice on a permit holder of its intention to review the conditions of natural resource permit if required by an order made by the Environment Court under section 256(6)(b) of the Planning Act 2025.

                        2. If more than 1 natural resource permit is affected by the rule referred to in subsection (1)(e)(i), the permit authority may review the conditions of those permits together for the purpose of managing the effects of the activities carried out under those permits.

                        3. A regional council must notify the chief executive of the Ministry responsible for administration of the Fisheries Act 1996 as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of that Ministry makes a further aquaculture decision.

                        4. Clause 64 of Schedule 3 applies to any notice of review under subsection (1) of the conditions of a coastal permit that is extended under section 165ZFHC of the Resource Management 1991.