95E Consent authority decides if person is affected person

(1)

For the purpose of giving limited notification of an application for a resource consent for an activity to a person under section 95B(4) and (9) (as applicable), a person is an affected person if the consent authority decides that the activity’s adverse effects on the person are minor or more than minor (but are not less than minor).

(2)

The consent authority, in assessing an activity’s adverse effects on a person for the purpose of this section,—

(a)

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

(b)

must, if the activity is a controlled activity or a restricted discretionary activity, disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule or a national environmental standard reserves control or restricts discretion; and

(c)

must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11.

(3)

A person is not an affected person in relation to an application for a resource consent for an activity if—

(a)

the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or

(b)

the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.

(4)

Subsection (3) prevails over subsection (1).

Section 95E: replaced, on 18 October 2017, by section 140 of the Resource Legislation Amendment Act 2017 (2017 No 15).