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StatuteResource Management Act 1991

Section 94A — Resource Management Act 1991: Forming opinion as to whether adverse effects are minor or more than minor

Text of the provision Official document

94A Forming opinion as to whether adverse effects are minor or more than minor When forming an opinion, for the purpose of section 93 , as to whether the adverse effects of an activity on the environment will be minor or more than minor, a consent authority— (a) may disregard an adverse effect of the activity on the environment if the plan permits an activity with that effect; and (b) for a restricted discretionary activity, must disregard an adverse effect of the activity on the environment that does not relate to a matter specified in the plan or proposed plan as a matter for which discretion is restricted for the activity; and (c) must disregard any effect on a person who has given written approval to the application. Sections 94A to 94D were inserted, as from 1 August 2003, by section 41 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Paragraph (b) was amended, as from 10 August 2005, by section 54(1) Resource Management Amendment Act 2005 (2005 No 87) by adding the expression “ ; and ” . See sections 131 to 135 of that Act as to the transitional provisions. Paragraph (c) was inserted, as from 10 August 2005, by section 54(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.

Official source: legislation.govt.nz

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