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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Natural resource use activity applications by existing permit holder or other

182: When sections 183 and 184 apply and when they do not apply

You could also call this:

"When rules 183 and 184 are used for natural resource permits"

Illustration for Natural Environment Bill

You are looking at a proposed change to the law about using natural resources. When you apply for a permit to use natural resources, sections 183 and 184 might apply or they might not. These sections apply if the plan for the area has not allocated the resources you want to use. You can also use sections 183 and 184 if the plan has allocated some or all of the resources to the same type of activity as yours. But the plan must not say that these sections do not apply. If the plan has allocated resources to your type of activity, you can use sections 183 and 184 for the amount of resources that is left after others have taken their share. Sections 183 and 184 do not apply if the plan clearly says they do not. This means you cannot use these sections if the plan has already said you cannot use them. You need to check the plan to see if sections 183 and 184 apply to your permit application.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1551001.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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181: Provisions of Planning Act 2025 that apply to duration, or

"Rules for how long natural resource permits last"

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183: Application by existing permit holder, or

"Applying to keep using a natural resource if you already have a permit"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Natural resource use activity applications by existing permit holder or other

182When sections 183 and 184 apply and when they do not apply

  1. In this section, and sections 183 and 184, existing permit application means an application affected by section 164 of the Planning Act 2025 (as applied by section 181(a)).

  2. Sections 183 and 184 apply to an existing permit application if, when the application is made, the relevant plan has not allocated any of the natural resources used for the activity.

  3. Sections 183 and 184 also apply to an existing permit application as follows:

  4. they apply if, when the application is made,—
    1. the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
      1. the relevant plan does not expressly say that sections 182 to 184 do not apply; and
      2. they apply to the extent to which the amount of the resource sought by a person described in section 183(1)(a) and (b) is equal to or smaller than the amount of the resource that—
        1. is allocated to the same type of activity; and
          1. is left after the deduction of every amount allocated to every other existing natural resource permit.

          2. Sections 183 and 184 do not apply to an existing permit application if, when the application is made, the relevant plan expressly says that sections 182 to 184 do not apply.