37Decision of Director-General

1. After considering an application for a permit and any further information, the Director-General may—

2. grant the permit, if satisfied that—
   1. the activity is consistent with the purpose of the protected area and any biodiversity objectives for the protected area; and
   2. the applicant will take reasonable steps to avoid, remedy, or mitigate any adverse effects of the activity on the rights and interests of iwi that exercise kaitiakitanga in the protected area; or
3. grant the permit, if satisfied that—
   1. the activity is necessary; and
   2. the activity can only occur within the protected area; and
   3. the applicant will take reasonable steps to avoid, remedy, or mitigate any adverse effects of the activity on the rights and interests of iwi that exercise kaitiakitanga in the protected area; or
4. decline the application, in the Director-General’s discretion.

5. However, subsection (1)(a) and (b) is subject to section 38.

6. When granting a permit under subsection (1)(a) or (b), the Director-General—

7. may impose any conditions on the permit that the Director-General considers appropriate (including any condition that gives effect to the permit holder’s obligations under subsection (1)(a)(ii) or (b)(iii)); and
8. must provide for the expiry date of the permit.

9. The Director-General must—

10. notify the following persons of the decision and the reasons for it:
    1. the applicant:
    2. iwi that exercise kaitiakitanga in the protected area and that have engaged with the application; and
11. publicly notify the decision on an internet site maintained by or on behalf of the department.