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Natural Environment Bill

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

148: Whether significant adverse effects on natural resources or people

You could also call this:

"Does an activity harm the environment or people?"

Illustration for Natural Environment Bill

When you are deciding if an activity will harm natural resources or people, you must follow certain rules. You cannot consider how the activity will affect the people who own the land where it will happen. You also cannot think about the bad effects of the activity if the rules say it is allowed, unless subsection (3) says you can. You are not allowed to think about how the activity will affect trade or competition. You also cannot consider the effects on someone who has given written approval for the activity. But if the activity uses natural resources, you can choose to think about the bad effects it might have on natural resources and people, even if the rules say it is allowed. You will make your decision based on the rules and the information you have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557543.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments
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"Telling the public about your permit application if you don't give more information"

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149: Whether person is affected person, or

"Who is an affected person when something might hurt their area or them?"

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

148Whether significant adverse effects on natural resources or people

  1. This section applies to a permit authority that is deciding, under section 145(6)(a), whether an activity will have or is likely to have significant adverse effects on natural resources or people.

  2. A permit authority must not have regard to—

  3. any effect on persons who own or occupy the land in, on, or over which the activity will occur; and
    1. any adverse effect of the activity if a rule in a natural environment plan or national rule permits an activity with that effect, subject to subsection (3); and
      1. in the case of a restricted discretionary activity, any adverse effect of the activity that does not relate to a matter for which a rule in a natural environment plan or national rule reserves discretion; and
        1. trade competition and the effects of trade competition; and
          1. any effect on a person who has given written approval to the relevant application.

            1. If the activity is a natural resource use activity, the permit authority may, in its discretion, consider any adverse effect of the activity on natural resources and people regardless of whether a rule in a natural environment plan or national rule permits an activity with that effect.