95D Consent authority decides if adverse effects likely to be more than minor

A consent authority that is deciding, for the purpose of section 95A(8)(b), whether an activity will have or is likely to have adverse effects on the environment that are more than minor—

(a)

must disregard any effects on persons who own or occupy—

(i)

the land in, on, or over which the activity will occur; or

(ii)

any land adjacent to that land; and

(b)

may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and

(c)

in the case of a restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard restricts discretion; and

(d)

must disregard trade competition and the effects of trade competition; and

(e)

must disregard any effect on a person who has given written approval to the relevant application.

Section 95D: inserted, on 1 October 2009, by section 76 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 95D: amended, on 18 October 2017, by section 139(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 95D(c): amended, on 18 October 2017, by section 139(2)(a) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 95D(c): amended, on 18 October 2017, by section 139(2)(b) of the Resource Legislation Amendment Act 2017 (2017 No 15).