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Natural Environment Bill

Foundations - Key instruments - Classification of activities

36: Activities that must be treated as discretionary activities

You could also call this:

"When to treat a natural resource permit application as a discretionary activity"

Illustration for Natural Environment Bill

When you apply for a natural resource permit, it must be treated as a discretionary activity if certain conditions are met. You need to check if subpart 2 requires a permit and there is no plan or rule for the activity. This also applies if a plan requires a permit but does not say what type of activity it is. If a proposed plan says an activity is prohibited but this rule is not yet in effect, the application must also be treated as a discretionary activity. You should look at the plan and rules to see how they affect your application. This will help you understand how your application will be processed. The rules about natural resource permits are important to follow when you are applying for one. You must make sure you have all the necessary information before submitting your application. This will help ensure that your application is treated correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1554669.

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35: Specified prohibited activities, or

"Things you are not allowed to do in certain areas or situations"


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37: Rules relating to restricted discretionary activities, or

"Rules for activities that need special permission and have certain conditions"

Part 2Foundations
Key instruments: Classification of activities

36Activities that must be treated as discretionary activities

  1. An application for a natural resource permit for an activity must be treated as an application for a discretionary activity if—

  2. subpart 2 requires a natural resource permit for the activity and there is no plan or proposed plan, or no relevant rule in a plan or proposed plan; or
    1. a plan requires a natural resource permit for the activity but does not classify the activity; or
      1. a rule in a proposed plan classifies the activity as a prohibited activity and the rule has not become operative.