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StatuteResource Management Act 1991

Section 94D — Resource Management Act 1991: When public notification and service requirements may be varied

Text of the provision Official document

94D When public notification and service requirements may be varied (1) Despite section 93(1)(a) , a consent authority must notify an application for a resource consent for a controlled activity in accordance with section 93(2) if a rule in a plan or proposed plan expressly provides that such an application must be notified. (2) Despite section 93(1)(b) , a consent authority is not required to notify an application for a resource consent for a restricted discretionary activity if a rule in a plan or proposed plan expressly provides that such an application does not need to be notified. (3) Despite section 94(1) , a consent authority is not required to serve notice of an application for a resource consent for a controlled or restricted discretionary activity if a rule in a plan or proposed plan expressly provides that notice of such applications does not need to be served. (4) A rule included in a plan under subsection (3) does not waive the need to serve an application 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 (4) was inserted, as from 17 January 2005, by section 23 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.

Official source: legislation.govt.nz

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