Section 94B — Resource Management Act 1991: Forming opinion as to who may be adversely affected

94B Forming opinion as to who may be adversely affected (1) Subsections (2) to (4) apply when a consent authority is forming an opinion, for the purpose of section 94(1) , as to who may be adversely affected by the activity. (2) The consent authority must have regard to every relevant statutory acknowledgement, within the meaning of an Act specified in Schedule 11 , made in accordance with the provisions of that Act. (3) A person— (a) may be treated as not being adversely affected if, in relation to the adverse effects of the activity on the person, the plan permits an activity with that effect; or (b) in relation to a controlled or restricted discretionary activity, must not be treated as being adversely affected if the adverse effects of the activity on the environment do not relate to a matter specified in the plan or proposed plan as a matter for which— (i) control is reserved for the activity; or (ii) discretion is restricted for the activity; or (c) must not be treated as being adversely affected if it is unreasonable in the circumstances to seek the written approval of that person. (4) However, the holder of a customary rights order must be treated as being adversely affected if, in the opinion of the consent authority, the grant of a resource consent may adversely affect a recognised customary activity carried out in accordance with section 17A(2) . 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. Subsection (1) was amended, as from 17 January 2005, by section 22(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by substituting the words “ Subsections (2) to (4) ” for the words “ Subsections (2) and (3) ” . See sections 40 to 43 of that Act. Subsection (4) was inserted, as from 17 January 2005, by section 22(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.