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Resource Management Act 1991  069
Commenced: 1 Oct 1991
VI: Resource Consents
Notification of Applications
94   Applications not requiring notification




   94. Applications not requiring notification---(1) An application
 for---
   (a) A subdivision consent need not be notified in accordance with
         section 93, if the subdivision is a controlled activity:
   (b) A coastal permit or a land use consent need not be notified in
         accordance with section 93, if the activity to which the
         application relates is a controlled activity and the plan
         expressly permits consideration of the application without the
         need to obtain the written approval of affected persons:
   (c) Any other resource consent that relates to a controlled activity
         need not be notified in accordance with section 93, if---
           (i) The activity to which the application relates is a
         controlled activity; and
           (ii) Written approval has been obtained from every person who,
         in the opinion of the consent authority, may be adversely
         affected by the granting of the resource consent unless, in the
         authority's opinion, it is unreasonable in the circumstances to
         require the obtaining of every such approval.

   (2) An application for a resource consent need not be notified in
 accordance with section 93, if the application relates to a
 discretionary activity or a non-complying activity and---
   (a) The consent authority is satisfied that the adverse effect on the
         environment of the activity for which consent is sought will be
         minor; and
   (b) Written approval has been obtained from every person whom the
         consent authority is satisfied may be adversely affected by the
         granting of the resource consent unless the authority considers
         it is unreasonable in the circumstances to require the obtaining
         of every such approval.

   (3) An application for a resource consent need not be notified in
 accordance with section 93, if the application is for a resource consent
 to do something that would otherwise contravene any of sections 12 (1),
 13, 14 (1), or 15 (1) and---
   (a) There is no relevant plan or proposed plan; and
   (b) The consent authority is satisfied that the adverse effect on the
         environment of the activity for which the consent is sought will
         be minor; and
   (c) Written approval has been obtained from every person who, in the
         opinion of the consent authority, may be adversely affected by
         the granting of the resource consent unless, in the authority's
         opinion, it is unreasonable in the circumstances to require the
         obtaining of every such approval.

   (4) In determining whether or not the adverse effect on the
 environment of any activity will be minor for the purposes of subsection
 (2) (a) or subsection (3) (b) a consent authority shall take no account
 of the effect of the activity on any person whose written approval has
 been obtained in accordance with subsection (2) (b) or subsection (3)
 (c).

   (5) Notwithstanding subsections (1) to (3), a consent authority may
 require any such application to be notified in accordance with section
 93, even if a plan expressly provides that such an application need not
 be so notified.
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