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Natural Environment Bill

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

190: Decisions on review of permit conditions

You could also call this:

"Changing the rules of a natural resource permit"

Illustration for Natural Environment Bill

If you have a natural resource permit, the permit authority can change its conditions if certain circumstances apply. You can find these circumstances in section 186. The authority must follow certain rules when making these changes. If the authority decides to review a coastal permit, it must tell the responsible chief executive about its decision. The authority must do this in a specific way. When the authority reviews a permit, it must follow the same rules as when it first considers a permit application. The authority can cancel a natural resource permit if it reviews the permit and finds that the application had important inaccuracies. The authority can also cancel a permit if it causes significant harm to natural resources or people. This can happen when the authority reviews the permit under certain sections of the law, such as section 186. The authority can cancel a permit if there are significant adverse effects on natural resources or people. This is another reason the authority can cancel a permit when it reviews it under section 186. You can find more information about this in the relevant sections of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525538.

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189: Matters to be considered in review, or

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

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191: Powers under Part 6 not affected, or

"The Environment Court's power to change permits stays the same."

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

190Decisions on review of permit conditions

  1. A permit authority may change the conditions of a natural resource permit on a review under section 186 if 1 or more of the circumstances specified in that section applies.

  2. If a permit authority decides to do a review and as a result of the review intends to change a condition of a coastal permit and it is required by section 186(4) to give notice of the intended review to the responsible chief executive under that provision, it must give notice of its decision in the prescribed manner.

  3. Subparts 4 and 5 apply, with all necessary modifications, to a review under section 186 as if—

  4. the review were an application for a natural resource permit; and
    1. the permit holder were an applicant for a natural resource permit.

      1. A permit authority may cancel a natural resource permit if—

      2. it reviews the permit under section 186(1)(f); and
        1. the application for the permit contained inaccuracies that the authority considers materially influenced the decision made on the application; and
          1. there are significant adverse effects on natural resources or people resulting from the exercise of the permit.

            1. A permit authority may also cancel a natural resource permit if—

            2. it reviews the permit under section 186(2); and
              1. there are significant adverse effects on natural resources or people resulting from the exercise of the permit.