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Natural Environment Bill

Key roles - Functions, powers, and responsibilities of regional councils - Statutory acknowledgements

226: Provision of relevant information to post-settlement governance entity

You could also call this:

"Getting information about permit applications that affect your area"

Illustration for Natural Environment Bill

If a consent authority needs to give information about a permit application to a post-settlement governance entity, you will get that information. This happens when the application is for an activity within, adjacent to, or directly affecting the entity's area. The consent authority must give the entity the information. The information includes a summary of the application or a copy of the notice. You will get the summary as soon as possible after the application is received. This must be before the consent authority decides whether to notify the application. The post-settlement governance entity can choose not to get the information by giving written notice to the consent authority. They can say what information they do not want and for how long. This section does not change the consent authority's obligations to decide whether to notify an application or if the entity is an affected person under section 144 or section 149.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557568.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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225: Obligations relating to statutory acknowledgements, or

"Councils must meet their obligations to respect special area acknowledgements"

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227: Information gathering, monitoring, and keeping records, or

"Regional councils must check and protect the environment in their area"

Part 5Key roles
Functions, powers, and responsibilities of regional councils: Statutory acknowledgements

226Provision of relevant information to post-settlement governance entity

  1. This section applies if—

  2. a consent authority is or was required by legislation to provide relevant information relating to a permit application for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; but
    1. the requirement no longer no longer applies (for example, because the period specified in the legislation has expired).

      1. The consent authority must provide the post-settlement governance entity with relevant information relating information relating to a permit application.

      2. In this section, relevant information means the following information relating to an application for an activity within, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:

      3. a summary of the application, if the application is received by the consent authority; or
        1. a copy of the notice, if a notice of the application is served on the consent authority under this section.

          1. The summary must be the same as would be given to an affected person by limited notification under section 146 as may be agreed between the post-settlement governance entity and the consent authority.

          2. A consent authority must provide the post-settlement governance entity—

          3. with the summary—
            1. as soon as reasonably practicable after the consent authority receives the application for the permit; but
              1. before the relevant consent authority decides under section 144 whether to notify the application; and
              2. with a copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.

                1. The post-settlement governance entity may, by written notice to the consent authority,—

                2. waive the right to be provided with the summary or copy of the notice; and
                  1. state the scope of that waiver and the period it applies for.

                    1. This section does not affect the obligations of the consent authority to decide,—

                    2. under section 144, whether to notify an application:
                      1. under section 149, whether the post-settlement governance entity is an affected person in relation to an activity.

                        1. In this section, legislation has the meaning given in section 5 of the Legislation Act 2019 and includes any enactment.