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Natural Environment Bill

Foundations - Key instruments - Classification of activities

33: Consequences of permitted, restricted discretionary, or restricted discretionary activity classification

You could also call this:

"What happens when an activity is classified as permitted, restricted or discretionary?"

Illustration for Natural Environment Bill

If an activity is classified in a certain way, it has to follow some rules. You need to know what kind of classification it has, like permitted, restricted discretionary, or discretionary. This classification is decided by rules in a national rule, regulations, a wastewater standard, or a natural environment plan. If an activity is classified as permitted, you do not need a natural resource permit, but you must follow the requirements. You have to comply with the rules in the permitted activity and the rules listed in subsection (1). This means you have to follow the rules in the national rule, regulations, wastewater standard, or natural environment plan. If an activity is classified as restricted discretionary, you need a natural resource permit. The regional council can only decide on the permit based on certain matters, and you have to follow the conditions in the permit. You also have to comply with any conditions in the permit if the activity is classified as discretionary, and the regional council can grant or decline the permit. If you are doing an activity that is classified as discretionary, you need a natural resource permit. The regional council can give you the permit with or without conditions, or they can decline it. You have to follow any conditions in the permit, and make sure you are complying with all the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1551604.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils

32: Principles for classifying activities, or

"How to decide if an activity is allowed or not under the Natural Environment Bill"

34: Consequence of prohibited activity classification, or

"What happens if an activity is banned"

Part 2Foundations
Key instruments: Classification of activities

33Consequences of permitted, restricted discretionary, or restricted discretionary activity classification

This section applies to an activity is classified in—
a national rule:
regulations:
a wastewater standard:
a rule in a natural environment plan:
a rule in a proposed natural environment plan that has legal effect.

If the activity is classified as a permitted activity,—
the activity does not require a natural resource permit; but
the activity must comply with any requirements—
1. in a permitted activity rule; and
2. in each instrument listed in subsection (1).

If the activity is classified as a restricted discretionary activity,—
the activity requires a natural resource permit; and
the regional council’s power to grant the permit and impose conditions, or to decline the permit, is restricted to the matters over which discretion is reserved and specified in a natural environment plan, proposed natural environment plan, or national rule; and
the activity must comply with any conditions in the permit.

If the activity is classified as a discretionary activity,—
the activity requires a natural resource permit; and
a regional council may grant the permit with or without conditions or decline the permit; and
the activity must comply with any conditions in the permit.