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Natural Environment Bill

Natural resource permits - Notification, submissions, and hearings - Notification

146: Notification requirements if section 145 does not apply

You could also call this:

"Notifying people about permit applications when the usual rules don't apply"

Illustration for Natural Environment Bill

If you apply for a natural resource permit and it is not publicly notified under section 145, this section applies. You need to know if there are any affected protected customary rights groups or affected customary marine title groups. The permit authority must also check if the activity affects land with a statutory acknowledgement made under an Act specified in Schedule 6. The permit authority must notify the application to each affected group and person, unless subsection 6 applies. They must determine if there are affected persons according to section 149 and if all affected persons can be identified. If all affected persons can be identified, the permit authority must notify them directly, which is called targeted notification. If targeted notification does not happen, the permit authority must publicly notify the application if the activity will have significant adverse effects on natural resources or people, as stated in section 148. This also happens if there are no affected persons or if it is not possible to identify all affected persons. However, subsections 4 to 6 do not apply if a natural environment plan, national rule, or water services standard says that notification is not needed for the activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557541.

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

Topics:

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

145: Mandatory public notification in some circumstances, or

"When to Tell the Public About Resource Permits"

147: Public notification of permit application after request for further information or report, or

"Telling the public about your permit application if you don't give more information"

Part 4Natural resource permits
Notification, submissions, and hearings: Notification

146Notification requirements if section 145 does not apply

This section applies if an application for a natural resource permit is not publicly notified under section 145.
A permit authority must determine—
whether there are any—
1. affected protected customary rights groups; or
2. affected customary marine title groups (in the case of an application for a natural resource permit for an accommodated activity); and
whether—
1. the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement made in accordance with an Act specified in Schedule 6; and
2. the person to whom the statutory acknowledgement is made is an affected person under section 149.

The permit authority must notify the application to each affected group and each affected person identified under subsection (2), unless subsection (6) applies.
The permit authority must determine—
whether there are affected persons, in accordance with section 149; and
whether all affected persons can be identified.

If all affected persons can be identified under subsection (4), the permit authority—
must notify those persons of the application (targeted notification); and
must not publicly notify the application.

However, if targeted notification does not occur under subsection (5), a permit authority must publicly notify the application—
if it determines that the activity will have or is likely to have significant adverse effects on natural resources or people in accordance with section 148; and
either—
1. there are no affected persons; or
2. it is not possible, or it is impractical, to identify all affected persons.

Subsections (4) to (6) do not apply if a natural environment plan, national rule, or water services standard precludes notification in relation to the activity or activities to which the application relates.