Who are affected persons?
You must be identified as an 'affected person' and given the opportunity to make a submission if the activity will result in adverse effects on you which are minor or more than minor. This is likely to include any adverse effect which is more than de minimus.
In identifying persons affected by adverse effects the consent authority: 828
- May disregard adverse effects if a rule in a plan or national environmental standard permits an activity with that effect (the 'permitted baseline')
- Must disregard adverse effects if the application is for a controlled or restricted discretionary activity, and the plan does not reserve control or discretion over the effects
- Must have regard to every relevant statutory acknowledgment made in accordance with certain Acts (these are specified in Schedule 11 of the Act and relate to Treaty of Waitangi settlements).
The consent authority must decide that a person is not an affected person if: 829
- the person has given written approval to the activity (and has not withdrawn that approval); or
- it is unreasonable in the circumstances to seek the person's written approval.
Section 95E Resource Management Act 1991
Section 95B Resource Management Act 1991
Last updated at 10:45AM on January 5, 2018