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Natural Environment Bill

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

149: Whether person is affected person

You could also call this:

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

Illustration for Natural Environment Bill

When a permit authority is deciding who is an affected person, you are an affected person if the authority thinks the activity will have more than minor adverse effects on you. You are also an affected person if the activity will have more than minor adverse effects on the area where you live, and you live in that area. The permit authority must consider these effects when making their decision. If you have given written approval for the activity, you are not an affected person. The permit authority can also decide you are not an affected person if it is unreasonable for the applicant to ask for your approval. When the permit authority is assessing the effects of the activity, they must ignore certain effects if the rules say they can happen. They must also consider any relevant statutory acknowledgements made under certain Acts, such as those listed in Schedule 6. The permit authority has some discretion when deciding who is an affected person, especially for activities that use natural resources. They can consider any adverse effects on natural resources and people, even if the rules say those effects are allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557545.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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Part 4Natural resource permits
Notification, submissions, and hearings: Notification

149Whether person is affected person

  1. For the purpose of section 146(2)(b)(i) and (4),—

  2. a person is an affected person if the permit authority decides that—
    1. the activity’s adverse effects on the person are more than minor; or
      1. the activity’s adverse effects on a management unit, or the persons within that management unit, are more than minor, and the person resides within that management unit; but
      2. a person is not an affected person if—
        1. the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the permit authority before the authority has decided whether there are any affected persons; or
          1. the permit authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.

          2. Subsection (1)(b) prevails over subsection (1)(a).

          3. When assessing whether an activity’s adverse effects on a person or a management unit are more than minor under subsection (1)(a), the permit authority—

          4. must disregard an adverse effect of the activity on the person or the management unit if a rule in a natural environment plan or a national rule permits an activity with that effect, subject to subsection (4); and
            1. if the activity is a restricted discretionary activity, must disregard an adverse effect of the activity on the person or the management unit if the effect does not relate to a matter for which a rule in a natural environment plan or a national rule has reserved discretion; and
              1. must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 6.

                1. If the activity is a natural resources 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.