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Natural Environment Bill

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

189: Matters to be considered in review

You could also call this:

"What to think about when reviewing a natural resource permit"

Illustration for Natural Environment Bill

When you review the conditions of a natural resource permit, the permit authority looks at certain things. They consider the matters in subpart 4 and whether the activity will still be viable after a change. They also think about how the permit has been used. The permit authority checks other things too, like the reasons a court gave for ordering a review. Before changing the conditions of some permits, the authority must be satisfied that the change is the best way to reduce adverse effects. They think about the nature of the discharge, the financial implications, and other alternatives.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525537.

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188: Public notification, submissions, and hearing, etc, or

"Telling the public and listening to their views about natural resource permits"


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190: Decisions on review of permit conditions, or

"Changing the rules of a natural resource permit"

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

189Matters to be considered in review

  1. When reviewing the conditions of a natural resource permit, the permit authority—

  2. must have regard to the matters in subpart 4 and to whether the activity allowed by the permit will continue to be viable after the change; and
    1. in the case of a review under section 186(2), must have regard to any reasons that the court provided for making the order requiring the review; and
      1. may have regard to the manner in which the permit has been used.
        1. Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 21 or 23 to include a condition requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on natural resources or people, the permit authority must be satisfied that including that condition is the most efficient and effective means of removing or reducing that adverse effect, in the particular circumstances and having regard to—

        2. the nature of the discharge and the receiving environment; and
          1. the financial implications for the applicant of including that condition; and
            1. other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment.