Section Sch12-3 — Resource Management Act 1991: Prerequisites before controls may be imposed

3 Prerequisites before controls may be imposed (1) The Minister of Conservation must not impose controls on a recognised customary activity under clause 2 unless— (a) the Minister has either— (i) received, under clause 11 , a copy of an adverse effects report in relation to that activity; or (ii) carried out his or her own adverse effects assessment and completed his or her own adverse effects report; and (b) the Minister has consulted with the holder of the customary rights order and the Minister of Maori Affairs. (2) In addition to the consultation required by subclause (1)(b) , the Minister of Conservation may seek any relevant information and views before imposing controls on a recognised customary activity. (3) The Minister of Conservation must not undertake an assessment under subclause (1)(a)(ii) if, before he or she has begun an assessment, the relevant regional council notifies the Minister of Conservation under clause 7 that it is carrying out an adverse effects assessment of the recognised customary activity in accordance with clause 6 . (4) The Minister of Conservation must give written notice of his or her decision to carry out an adverse effects assessment under subclause (1)(a)(ii) not later than 5 working days after making that decision, to— (a) the relevant regional council; and (b) the holder of the relevant customary rights order.